USER AGREEMENT

This User Agreement (“Agreement”) is an electronic record as per the applicable laws of UAE, and is generated by a computer system and does not require any physical or digital signatures.

Conektr Tech FZCO offers this Platform, including all content, information, tools and services available from this Platform to its Users, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Accessing, browsing or otherwise using the Platform indicates your agreement to all the terms and conditions under this Agreement, so please read the terms of use carefully before proceeding.

When you use the Platform, you agree to be bound by these terms stated herein. These terms explain your legal obligations and rights with respect to your use of the Platform.

Conektr Tech FZCO and User are hereinafter collectively referred to as “Parties” and individually as a “Party.”

DEFINITION(s)

1. “User”, “You/you” shall mean and include any legal person, entity, retailer(s) who visits, browses, accesses or uses the Platform.
2. “Platform” shall mean the Website, or Application, or market place, as the context may permit.
3. “Website” shall mean the domain names such as www.conektr.com, www.uae.conektr.com, www.conektruae.com or other names owned and operated over time by Conektr Tech FZCO.
4. “Application” shall mean app mobile apps and web apps including Android play store/ Apple’s app store and progressive web apps or any browser-based apps owned and operated by Conektr Tech FZCO.
5. “We/we”, “Company”, “Us/us” and “Our/our” shall mean (Conektr Tech FZCO) and its affiliates, officers, employees, agents, partners, and licensors.
6. “Distributor” shall mean the suppliers who list their products on the Platform.

PLATFORM USE

You agree to have read and understood these terms and your use of the Platform conveys your acceptance of the same. You understand that it is your responsibility to read the terms carefully before accessing or using the Platform. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these terms, at any time without any prior written notice to you. Any such modifications to these terms would be effective immediately. It shall be your responsibility to review these terms periodically for any updates/changes. However, we shall notify you if there are any modifications to these terms and the same shall be communicated through notification or mailers. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these terms, we grant you a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to access and use the Platform. You are allowed to use the Platform at your own risk. User acknowledges and understands that he/she has the discretion not to use the Platform.

SERVICES

The Company facilitates the interaction between the Users and Distributors through its Platform. The Platform allows a User and a Distributor to communicate and transact. (“Services”)

The Company shall act as a service provider and does not own the products or services sold through its Platform unless otherwise specified.

REGISTRATION

In accordance with the directions on the Platform, you will need to create an account on the Platform to avail the Services offered by us. You must not register under a false name and/or impersonate any other person’s log-in credentials, or password(s). Such fraudulent conduct may result in the violation of applicable laws in UAE. We may access, preserve and disclose your registration information (along with other information pertaining to your account) if required to do so by law or if we believe that it is necessary to:

• Respond to your requests for customer service;
• Comply with legal process;
• Enforce this Agreement;
• Respond to claims that information you have provided violates the rights of others; or
• Protect the rights, property or personal safety of us, its Users and the public. 

While registering your account, you must provide valid and authenticated documents as specified by us under the applicable law and/or as may be requested through the Platform. You agree to provide all relevant information to us while the account is active. Once the User submits all the relevant information on the Platform for availing any of the Services provided by us, the User thereby consents to our use of such information in accordance with the terms of the Agreement.

Further we may collect information about the pages on the Platform you access, the number of times you access the page and such other browsing information.

Once your account is deleted, you hereby give us permission to continue storing and using the data for any additional period as allowed under the applicable laws, Additionally, we may continue to store any other information as may be required by applicable law for the purposes of record retention. While we make commercially reasonable efforts to ensure that the data stored on our servers are always available to you (during the subsistence of this Agreement), we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control, that may cause the user data to be permanently deleted, irretrievable, or temporarily inaccessible.

USER SUBMISSIONS

Company may allow Users to post messages, images, and other content (“User Submissions”) on the Platform. As an User, you are solely responsible for all information and materials, including data and images, you post, upload, transmit, or make available to others using this Platform. Under no circumstances will the Company be liable in any way for any User Submissions posted on or made available through this Platform by you or by any third party.

PASSWORD

You may be provided with a username, password or any other piece of information as part of the security procedures, which you must treat as confidential.  You are solely responsible for maintaining the security of such password/log in credentials. You shall not disclose the password to any third party (other than third parties authorized by us in accordance with the terms and policies pertaining to the Platform) and you are solely responsible for the actions undertaken through your account. 

CONDITIONS OF USE AND ACCESS TO THE PLATFORM

1. In accordance with these terms, the User includes an individual, entrepreneur, retailer, company etc. If the User is an individual, the individual must be eighteen (18) years of age or older to access and use the Platform. By using the Platform you intend to use the Services exclusively for business purposes, and therefore you are not acting as a consumer. Thus any laws and regulations regarding consumer protection that may apply shall expressly be excluded from the contractual relationship between the Users and the Company. If the User is a company, the person acting on the behalf of the company warrants and represents to be duly empowered for accepting the Services and all the terms in this Agreement.
2. The Company reserves the right to update, modify or delete information contained on the Platform, as well as limit or deny access without notice. Further, we reserve the right to limit or prevent access to the Platform due to technical difficulties or events beyond our control.  
3. The User shall not:

• Post or submit information about another person or company without the authorization to do so/
• Interfere with any other users' right to privacy by trying to access or collect information about any individual users of this Platform.
• Interfere with the functioning of the Platform or with other users' use of the Platform in any way, including: (a) Posting or transmitting any file or computer code or program (for example, viruses, worms, Trojan horses) that could damage or interfere with the operation of any hardware, software or telecommunications equipment; (b) Interfering with the functioning of the Platform, its servers or networks; (c) Hacking, defacing or modifying any portion of the Platform.
• Copy, republish, sell or use any portion of this Platform in a manner not envisaged in this Agreement, unless you have prior written permission from us. This includes framing or mirroring any part of the Platform, systematically downloading and storing any content, putting the content in a database or republishing it.
• Alter, amend, modify or change any part of the Platform.

If the User does not comply with any of the obligations set out above he/she shall be restricted from using the Platform and shall be liable to pay any adequate penalty/compensation as per the applicable laws. The User understands and agrees that the rights granted to the User under this Agreement are personal in nature. The User shall not allow any third party to access or use the Platform or any contents thereof.

 LINK TO THIRD PARTY WEBSITES

1. References on this Platform to any names, marks, or services of third parties or hypertext links to third party sites or information are provided solely for your convenience and such references do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party information, product or service.
2. The Company is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to visit the link to any such third party websites, you do so entirely at your own risk.

PAYMENT

The Company may allow any payment gateway service providers including but limited to any entity providing/facilitating payment services for between the retailer and the Distributor on the Platform. Any payments made herein using such services shall be governed by their respective terms and conditions and the liability for providing the payment services rests with the payment gateway service providers or entities facilitating payment and not with us.

When the option of the payment gateway is not used, retailer’s credit will be governed by their currently existing payment terms with the respective distributors they are placing orders on. The Company will have no involvement in collection of dues or any payment dispute resolution. 

 REPRESENTATION AND WARRANTIES

 Users represent and warrant that: (a) if it is a business, it is validly existing and in good standing with the applicable laws of UAE; (b) it has the authority to enter into these Platform, and perform the promises/obligations; (c) it will not engage in any unfair trade practices and/or publish misleading information on the Platform. 

 INTELLECTUAL PROPERTY

 The Company shall be the sole owner of the content on the Platform. The intellectual property rights arising from the platform including but not limited to its written content, design, logos, texts, images, marks, databases, structure, as well as the selection and arrangement of their contents shall vest with us. Further any other rights and authorizations related to the Services contracted, as well as any software needed for implementing and rendering the Services, shall vest with us.  We reserve the right to take any legal action against you for violating or infringing any intellectual property rights.  

 LIMITATION OF LIABILITY

The Company shall not be liable for any losses or damages of any kind arising from the access or use of the Platform, and if any liability arises the Company’s liability shall be limited to 100 AED. The Company cannot be made liable for certain facts and circumstances, including but not limited to: (a) for any damages that you suffer as a result of inadequate use or improper setting or due to a virus, (b) for any fails, interruptions of the Services, (c) any defective product supplied by the Distributor, and (d) any errors attributable to the Distributor. Any resemblance of features or functionalities of the Platform are not copied from a third party and hence we shall not be held responsible for any claim in this regard. Further, we shall not be liable for any indirect or consequential loss regardless of the form of recovery.

 DISCLAIMER

The Company shall not be made responsible, in any case, or circumstance, of the following facts, events or situations, or for any damages that might be caused to you in any of the following circumstances:

1. Lack of availability, continuity, access, maintenance and effective operation of the Platform and/or its Services and update, as well as the accuracy, adequacy, completeness, relevance, timeliness, and reliability of its contents, regardless of the cause and difficulties or technical problems or other in which those facts originate.
2. Damages that may arise from the illegal or improper use of this Platform. At the same time, we are exempted from any liability for damages that may arise as a result of accessing, reproduction, acquisition, and transmission of the content and services provided by third parties’ websites.
3. Transmission and/or presence of viruses, other elements or programs harmful for the Users’ computers that may affect them, due to the access, use or test of the Platform, or producing changes in their electronic documents or files.
4. Damages that may arise due to failure of third party to comply with its obligations or warranties, arising or incurred in connection with the Services provided to you through the Platform. As well as for the lack of quality, reliability, suitability to the offer, legality, usefulness and availability of the services provided by third parties and made available to you on the Platform.
5. Distributors suspending supply to the retailer in compliance with their prevalent credit policy and clearance of outstanding payments.

 We are acting as an intermediary between the Distributor and the User and we shall not be held responsible for any damages, losses, injury arising out of any transaction/ interaction between the Distributor and the User. Any dispute resolution between the User and the Distributor shall be resolved by the above mentioned parties themselves and the Company would not be responsible for any dispute resolution between them.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Platform and Services as listed on the Website and Application.

Your use of the Platform is at your sole risk. The Platform is provided on an "as is" and "as available" basis. The Company and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non- infringement.

 THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICES AND THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PLATFORM AND THE SERVICES IS SOLELY AT YOUR OWN RISK.

 The abovementioned list is merely informative and therefore the Company expressly disclaims its responsibility in any other similar situations or events which might be out of our control.

FORCE MAJEURE

The Company shall not be liable for business loss or damage of the products or logistical issues resulting from any cause beyond its reasonable control including, but not limited to, compliance with regulations, orders or instructions of any government authority fires, strikes, facility shutdown or alterations, embargoes, war, riot or act of God etc.

INDEPENDENT PARTIES

Company and the Users are independent contractors, and nothing in this Agreement will create any partnership, joint venture, franchise, sales representative, or employment relationship between the Parties. The User will have no authority to make or accept any offers or representations on our behalf.  Further, the Company owns the database of the retailer and the relationship between the Company and any retailer is independent of the Company’s arrangement with the Distributor. Nothing contained in this Agreement prohibits the Company from independently engaging with any User or retailer in any manner.

NO WAIVER

The failure of either Party to require performance by the other Party of any provision of this Agreement shall in no way affect the full right to require such performance at any time thereafter, or the right of such Party to require the performance of any other part/clause of this Agreement

SEVERABILITY

If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable.

ASSIGNMENT

The Company shall have the right to assign or otherwise transfer its obligations under this Agreement without the User’s prior consent in the event of a corporate reorganization, merger, acquisition, amalgamation, demerger, business sale.  Further the User shall not assign its rights or delegate its obligations under this Agreement either in whole or in part to any third party.  Any attempted assignment or sub-contracting or delegation by the User without such consent will be void.

ENTIRE AGREEMENT

These terms contain the whole agreement between the Parties and supersede all previous agreements between the Parties relating to these contracts, agreements, and transactions. Except as required by applicable law, no terms shall be implied (whether by custom, usage or otherwise) into the Agreement.

INDEMNITY

You agree to indemnify and hold harmless the Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable advocates' fees, made by any third party due to, or arising out of, your use of the Platform.

 GOVERNING LAW AND JURISDICTION

This Agreement shall be governed and interpreted according to the laws of United Arab Emirates and the courts based in Dubai, UAE shall have exclusive jurisdiction in respect of any dispute arising in relation thereto. Any dispute between the Parties shall be referred to arbitration in accordance with rules of the DIFC-LCIA arbitration centre. Dubai would be the place and seat of arbitration and the proceedings shall be carried out in English.

 CHANGES TO THE PLATFORM

The Company can change or remove, either temporarily or permanently, the Platform or any part of it at any time and without prior notice to you. You agree that the Company is not liable to you or to anyone else for any change or discontinuance to the Platform or any content, feature or product offered on the Platform.

 CONTACT:

We can address any questions, comments, and concerns about our practice with regards to the terms of the Agreement to the below mentioned email address.

support@conektr.com