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Privacy Policy

  1. Introduction

Welcome to Be A Dealer. These are the terms and conditions governing your access to and use of the website Be A Dealer and its related sites, services, and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with Be A Dealer ("we", "us" or "Be A Dealer") in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with, or use this Site.

 

Before you may become or continue as a member of the Site, you must read, agree with and accept this User Agreement and Be A Dealer's Privacy Policy (the "Privacy Policy"). You should read this User Agreement and the Privacy Policy and access and read all further linked information referred to in this User Agreement, as such information contains further terms and conditions that apply to you as a user of Be A Dealer. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.

 

  1. Your Account and Registration Obligations

When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site. On becoming a member of the Site, you agree:

 

You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify Be A Dealer of any unauthorized use of your password or account or any other breach of security. In no event will Be A Dealer be liable for any direct, indirect, or consequential loss or loss of profits, goodwill, or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse Be A Dealer for any improper, unauthorized, or illegal use of your account by you or by any person obtaining access to the Site, services, or otherwise by using your designated username and password, whether or not you authorized such access.

 

You will provide true, accurate, current, and complete information about yourself as prompted by Be A Dealer's registration form (the "Registration Data").

 

You will not include the word "E-commerce" in your registration user ID.

             

You will maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Be A Dealer has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of Be A Dealer under this User Agreement or at law, Be A Dealer has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.

 

Be A Dealer may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents, and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to Be A Dealer upon such requests. You acknowledge and agree that if you do not, Be A Dealer without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed/unverified accounts or accounts that have been inactive for a long time.

 

  1. Electronic Communications

You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Be A Dealer requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features, or promotional activities added to the Site. If at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

 

  1. Amendments to this User Agreement

You acknowledge and agree that Be A Dealer shall endeavor to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that Be A Dealer at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.

 

  1. Fees and Services

Be A Dealer is not an auction house nor a bank and does not offer auction or banking services. The Site is an online platform allowing for the sale and purchase of items between end-user sellers and buyers.

 

Membership on the Site is free. Be A Dealer does not charge any fee for browsing.

 

Be A Dealer may choose to temporarily change the fees for our services for promotional events (for example, free shipping days) or new services, and such temporary changes are effective in accordance with their terms when we post them on the Site.

 

  1. Your Information

You grant Be A Dealer the right to use any information or material, personal or otherwise, that you provide to us or other users of the Site and/or post on the Site in the registration or selling process, in the feedback area, or through any e-mail or by way of any other feature or use of the Site (the "Information") for the purposes of operating and promoting the Site in accordance with this User Agreement and the Privacy Policy.

 

  1. Use of the Site

By accepting the Terms you confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You agree that in using the Website you will not:

 

  1. Use the Website in any way that causes, or is likely to cause the site or access to the site to be interrupted, damaged, or impaired in any way.

 

  1. Use the Website for criminal, fraudulent, or illegal activity or in any manner which would cause harm or distress to any third party.

 

  1. We reserve the right to suspend, restrict or terminate your access to the Website at any time without notice if we have reasonable grounds to believe that you have breached any of these restrictions or if we suspect fraudulent account activity or behavior. This shall not limit our right to take any other action against you that we consider appropriate.

 

  1. Copyright

All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property and copyright work of either Be A Dealer, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of Be A Dealer and is protected by copyright, trademarks, patents, or other intellectual property rights and laws.

 

  1. Trademarks

"Be A Dealer" and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of Be A Dealer and are protected by international trademark and other intellectual property rights and laws. Be A Dealer's trademarks may not be used in connection with any product or service that is not Be A Dealer's nor in any manner that disparages or discredits Be A Dealer. All other trademarks not owned by Be A Dealer that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Be A Dealer.

 

  1. Abusing Be A Dealer

If you believe that your intellectual property rights have been violated, please notify Be A Dealer. Without prejudice to any other rights and remedies of Be A Dealer under this User Agreement or at law, Be A Dealer may limit, suspend or withdraw a user's access to the Site and/or a user's membership of the Site or remove hosted content. Also Be A Dealer can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties, or who act inconsistently with this User Agreement or our policies.

 

  1. Platform for Communication

In particular:

 

  1. Be A Dealer is not responsible for the unsatisfactory or delayed performance, losses, damages, or delays as a result of items that are unavailable.

 

  1. Be A Dealer does not make any representation or warranty as to the attributes (including but not limited to quality, worth, or marketability) of the items proposed to be sold or purchased on the Site. In particular, Be A Dealer does not implicitly or explicitly support or endorse the sale or purchase of any items on the Site, nor is Be A Dealer a supplier or manufacturer of any items sold by users or purchased by users.

 

Be A Dealer does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.

 

  1. Users shall independently agree upon the manner and terms and conditions of delivery, payment, and insurance as between each other, and Be A Dealer holds no responsibility in respect of such arrangements.

 

  1. Be A Dealer accepts no liability for any errors or omissions on behalf of third parties.

 

  1. Be A Dealer excludes all implied warranties, terms, and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.

 

  1. Privacy

The online shop takes reasonable measures (physical, organizational, and technological) to safeguard against unauthorized access to your personally identifiable information and to safely store your personally identifiable information. However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed. The online shop has no control over the practices of third parties (e.g. website links to this Site or third parties who misrepresent themselves as you or someone else). You agree that The online shop may process your personal information that you provide to it for the purposes of providing the services on The online shop and for sending marketing communications to you and that the Privacy Policy of this Site governs our collection, processing, use, and any transfer of your personally identifiable information.

 

The online shop takes reasonable measures (physical, organizational, and technological) to safeguard against unauthorized access to your personally identifiable information and to safely store your personally identifiable information. However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed. The online shop has no control over the practices of third parties (e.g. website links to this Site or third parties who misrepresent themselves as you or someone else). You agree that The online shop may process your personal information that you provide to it for the purposes of providing the services on The online shop and for sending marketing communications to you and that the Privacy Policy of this Site governs our collection, processing, use, and any transfer of your personally identifiable information.

 

  1. Breach of User Agreement Without prejudice to any other rights and remedies of The online shop under this User Agreement or at law or otherwise, The online shop may immediately and without liability: limit your activity, limit or withdraw your membership, and/or limit or withdraw your access to the Site: If you breach this User Agreement; If The online shop is unable to verify or authenticate any information you provide; or If The online shop believes (in its sole discretion) that your actions may cause legal liability for you, other users or The online shop. The online shop may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with The online shop or use the Site in any manner whatsoever until such time that such user is reinstated by The online shop. Notwithstanding the foregoing, if you breach this User Agreement The online shop reserves the right to recover any amounts due and owing by you to The online shop or any losses and damages caused by you to The online shop and to take such steps including legal action and/or the initiation of criminal proceedings against you as The online shop in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of The online shop's right to take any actions with respect to that or subsequent or similar breaches. The online shop does not guarantee that it will take action against all breaches that there may be of this User Agreement.

 

  1. Withdrawal of Access and/or Membership Without prejudice to any other rights and remedies of The online shop under this User Agreement or at law or otherwise, The online shop may limit, suspend or withdraw your membership and/or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.

 

  1. No Warranty The online shop provides the Site and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy, and non-infringement. The online shop makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links, or communications provided on or through the use of the Site or that the operation of the Site will be error-free and/or uninterrupted. The online shop makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability, and delays. The Site may also be unavailable from time to time due to repairs, maintenance, or development work. You agree that The online shop has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.

 

  1. Limitation of Liabilities To the extent permitted by law, The online shop, its officers, employees, agents, affiliates, and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential, or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not The online shop has been advised of the possibility of such losses or damages).

 

If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to The online shop and The online shop shall treat any such unauthorized use as subject to the terms and conditions of this User Agreement.

 

  1. Indemnity You agree to indemnify and hold The online shop and its affiliates, officers, employees, agents, and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.

 

  1. 18. Relationship and Notice None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and The online shop and you shall have no authority to bind The online shop in any manner whatsoever.

 

  1. 19. Disputes If any dispute, claim, controversy or difference (including in relation to any tortuous or statutory claim) ("Dispute") arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party written notice of the Dispute.

 

  1.  Transfer of Rights and Obligations You hereby grant The online shop the right to, and irrevocably acknowledge and agree that The online shop may at any time, transfer all or any part of its rights, benefits, obligations, or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. The online shop agrees to use all reasonable endeavors to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of The online shop, transfer all or any part of your rights, benefits, obligations, or liabilities (whether express or assumed) under this User Agreement without the prior written consent of The online shop.

 

  1. General If any clause of this User Agreement shall be deemed invalid, void, or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and The online shop with respect to the subject matter hereof.

 

No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.

 

  1. Governing Law This User Agreement is governed by and construed in accordance with, Kuwait law. This clause will survive any expiry or cancellation of this User Agreement for any reason.