Vendor Terms and Conditions

Who we are and how to contact us

TijaraHub International LLC. We are based at Sharajh Media City Free Zone, Sharajah, UAE . For information on the best way to contact us, see www.Tijarahub.com/Contacts .

When these terms apply

terms apply to sellers/suppliers on TijaraHub, our online marketplace. For previous versions of these terms (and the policies referred to in them) as well as the dates they applied, see www.Tijarahub.com/vendor-terms-and-conditions www.Tijarahub.com/vendor-terms-and-conditions.

terms cover the following matters:

• Becoming a seller on TijaraHub
• Dealing with customer orders, refunds and complaints
• Fees and commission on your product sales
• Using each other's branding and other intellectual property rights
• Suspension of listings, ending this agreement and disputes
• Limitations of liability and platform availability
• Claims and actions against us in connection with you or your products
• Product recall and product liability insurance
• Compliance with the law and our mandatory policies
• Data protection obligations
• Changes to these terms and our policies
• Other important terms
• Defined terms

Becoming a seller on TijaraHub International LLC

How to apply and our agreement with you

You can apply to become a seller on our online marketplace here www.Tijarahub.com/become-seller

How to apply and our agreement with you

You can apply to become a seller on our online marketplace here www.Tijarahub.com/become-seller

By singing the application form, you and us agreed that our relationship will be governed by these terms as of the date of signing the application form.

The policies which form part of these terms

The policies set out below, which you and we must comply with, form part of these terms and our agreement with you. See 13 (Changes to our terms and policies) for how and when we tell you about changes and how you can end this agreement if you're not happy with a change. The policies are:

• Acceptable use policy. This sets out what you can and can't do when creating your profile and listings and when responding to customer reviews.
• How we treat our suppliers policy. This sets out how we use other sales channels and affiliates to market your products, offer customers goods and services which complement your products, differences between how we sell your products, our own products and others' products and what access we give you to data generated through the use of TijaraHub.com
• Ranking parameters policy. This explains how we rank supplier listings (decide which products are presented in response to customers' searches).
• Prohibited products policy. This lists the type of product you can't sell on TijaraHub.com.
• Delivery policy. This sets out how much stock of your products you must hold and the timescales within which you must deliver to customers.
• Returns and refunds policy. This is the information for customers about how refunds and returns are dealt with, which you must comply with.
• Customer care policy. This sets out how you must deal with customer complaints and questions.
• Commission and fees policy. This sets out what fees we charge you and how we calculate the commission due to you. See also 5 (Fees and commission on your product sales).
• Supplier complaints policy. This sets out the procedure we follow when dealing with your complaints about TijaraHub.com
• Product safety policy. This sets out our respective obligations to maintain records to enable the immediate recall of any of any of your products from the market.

Language

These Terms-page and the Contract are made only in the English language.
If we offer any TijaraHub Website translations of these Terms-page on the, this English version shall always prevail in case of any conflict or inconsistencies between other translated versions and this English version.

Amendments

We may amend any Terms-page at any time by posting the relevant amended and restated Terms-page on TijaraHub Website.
By continuing to access or use the TijaraHub Websites, you agree that the amended and restated Terms-page will apply to you.

Your warranties about the information you give

You represent and warrant that:

• You are, and will remain, established in your country of establishment set out in the application form.
• The information you provide to us in connection with your application to become a seller on TijaraHub is complete and accurate and you'll promptly notify us of any changes to it and keep the supplier profile you create on our supplier interface up to date.
• Any documents you submit to us to support your application or in response to any request from us at any time are either genuine documents or true copies of genuine documents.

Our rights to verify the information you give us and your compliance with these terms

We may at our option at any time require you to promptly provide us with reasonable evidence that any information you've given us is true and up to date and that such information and your actions is in compliance with these terms. Such information includes (but is not limited to) information in connection with your application to become a seller on TijaraHub, in your supplier profile and in the listings for your products. We can suspend or restrict individual listings until you've supplied this evidence and end this agreement if you don't comply with this requirement. See 7 (Suspension of listings, ending of this agreement and disputes).

You permit and instruct us to collect information about you and in connection with your performance of this agreement (including without limitation the products you list on TijaraHub.com) and disclose it to governmental or regulatory authorities if required by law.

Our communications with each other

When we accept your application to become a supplier we'll give you access to our supplier interface. We'll generally use our supplier interface to tell you about customer orders, questions, cancellations and complaints and also other things about our service. We may also contact you via telephone, email or other methods on the contact details provided in the application form.

You should use our supplier interface to get in touch with us wherever possible, but we may also give you other ways of contacting us.

Your communications with customers

You must always use the supplier interface to communicate with customers who have ordered with you through TijaraHub.com or enquired about your products through TijaraHub.com. This helps us to keep a full record of all communications in relation to any transaction, in case there are any disputes.

If a customer contacts you about your products through TijaraHub.com you mustn't in any way ask or encourage the customer to buy those products (or repeat orders for those or similar products) either directly from you or from another source.

Your use of our systems

You may only use our supplier interface and the other computer systems that support, operate and comprise TijaraHub.com (our systems) for listing and selling your products and communicating with us and your customers as envisaged in these terms.

You agree to use all reasonable security practices to prevent unauthorised access or damage to our systems. These practices include but are not limited to:

• Making sure any devices you use to access our systems have up to date anti-virus protection and not introducing any viruses into our systems.
• Ensuring that your log-in details and passwords for our systems:

1. Are only used by your employees, who in each case are required to comply with the rules set out in Your use of our systems;
2. Are not shared between users; and
3. Are changed no less frequently than once a month.
4. Telling us immediately if you think that log-in details or passwords are being or may be used in an unauthorised way or that the security of our systems has been compromised in any other way.

Except as permitted by any applicable law which you and we can't agree to exclude, you mustn't:

• Attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of our systems in any form or media or by any means.
• Attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of our systems
• Access all or any part of our systems to build a product or service which competes with them.
• Use our systems to provide services to third parties or allow or assist third parties to access our systems.
• Create multiple accounts to evade punishment or avoid restrictions.

Creating your supplier profile and listing products on TijaraHub

You must create a supplier profile on TijaraHub. Once you've done this you can create listings to sell your products on TijaraHub through our supplier interface. You represent and warrant that you'll:

• Only create listings for products of the types approved by us in writing and which are not prohibited products (as set out in our prohibited products policy).
• Only list products which comply with all applicable legislation and regulations affecting their manufacture, sale, packaging and labelling and don't infringe third party trademarks or other intellectual property rights.
• Only list products which are safe. You cannot list products that are unsafe, that we reasonably believe to be unsafe or that have been or become the subject of a product safety alert or recall. We may require product safety documentation before permitting you to list certain products.
• Only list products which are manufactured by you or for which you’re the authorised agent or reseller.
• Include in your listings, or where appropriate your supplier profile, all the information about you and your products and how you'll fulfil orders that is needed to comply with consumer protection law, as well as any relevant safety information about your products. Our customer interface will prompt you to provide this information, but you're responsible for making sure you comply with the law.

You must ensure that your supplier profile and the listings for your products:

• Comply with our acceptable use policy, which bans things such as obscenity and defamation.
• Only feature high quality images and descriptions, which you have all the necessary intellectual property and other rights to use in this way on TijaraHub.com and to license to us to use your brand and other intellectual property required for this agreement.
• Are in the language(s) agreed between us and be clear and comprehensible.
• Display real-time information about how many of each product you have in stock, ready to despatch. You must hold enough stock of your products to meet reasonably expected demand within any agreed timescales. You must delist any products that are not in stock, save that you may continue to list products which will be available within one month provided they are marked "out of stock" and the date when they will be in stock is shown.
• Display your valid VAT and tax registration number.
• Don't include anything which would encourage or allow customers to contact you other than through the supplier interface, such as email or social media contact details, website addresses or other links. We reserve the right to remove such information.

You can't list fake, stolen or unauthorised products

You may only list your own products (if you’re a manufacturer) or products that bear another company's authorised brand or logo on TijaraHub, or which embody other third-party intellectual property rights, if those products are being sold by you with the consent of all relevant third-party intellectual property rights-holders. You must maintain adequate processes and procedures to make sure that your products are authentic, authorised for sale, not stolen, and not counterfeit or unauthorised copies. If we ask you to, you must promptly provide us with genuine and conclusive documentary evidence showing that you are authorised to sell specific brands or products on TijaraHub. We can suspend a listing for a product or terminate this agreement under 7 (Suspension of listings, termination of this agreement and disputes) if you fail to comply with any requirement of this clause.

Pricing your products (including VAT and packaging and delivery charges)

How you price your products is entirely up to you and you can change the price for your products at any time using the supplier interface. Please allow a reasonable time for revised prices to be displayed on TijaraHub. We'll charge customers the price shown on TijaraHub at the time they submit their order.

Your prices must be inclusive of the following:

• Supply VAT (if applicable).
• Non-optional packaging and other charges.
• Any import taxes and customs duties, clearance charges, taxes, brokers' fees and other amounts payable in connection with the goods, will be paid and charged to the clients
• Delivery charges, which must be shown separately. Will be charged to the buyer through our logistics providers

How we rank supplier listings

Our ranking parameters policy sets out the parameters we use to rank listings in response to search queries made on Tijarahub.com

What happens when we invite you to join marketplace promotions

We may invite you to participate in promotions on TijaraHub, for example, by paying us for a more visible listing (as explained in our ranking parameters policy) or offering free delivery for your products or discounts. The terms of such promotions will be available through the supplier interface and by submitting any of your products for such a promotion you agree to the relevant terms.

How we use other sales channels and affiliates to market your products

We use additional channels and affiliate programmes to market your products, as sold on our site. For more details see our how we treat our suppliers policy.

How we offer customers goods and services which complement your products

When a customer is ordering your products on TijaraHub we may offer them complementary goods or services being sold by us or on our behalf. See our how we treat our suppliers policy for the types of complementary goods and services we offer in relation to different categories of products. We don't allow you to offer the same complementary goods or services to customers for your products.

Platform availability

We aim to make the supplier interface available to you and TijaraHub available to customers on a 24/7 basis. We reserve the right to take some or all of our systems offline as reasonably required for routine and emergency maintenance or repairs. We'll give you as much notice of such downtime as is reasonably possible. All communications using the internet may be affected by events outside our reasonable control (see Impact of events beyond your or our reasonable control (force majeure)).

Dealing with customer orders, refunds and complaints

What we do when a customer orders

Customers ordering products from TijaraHub must click to accept our standard customer terms, which are linked to from the checkout page.

a customer orders one of your products from TijaraHub, we, acting as your agent in your name and on your behalf, will:

• Send the customer an order acknowledgement email in our standard format.
• Promptly inform you of the customer order via the customer interface
• Unless you tell us that you can't fulfil an order within 48 hours, send the customer an order acceptance email in our standard format and so form a direct contract for you to supply your product to the customer on our standard customer terms. The contract is between you and the customer.
• If you tell us that you can't fulfil an order, send the customer an order rejection email in our standard format.
• Take payment for customer orders for your product [when we confirm acceptance of an order in your name and on your behalf OR when you tell us you're ready to despatch an order to the customer]. The supplier interface will tell you whether or not payment has been received for any order.

Our order acceptance email will serve as the customer's supply VAT and other applicable taxes (if any) receipt issued in your name and on your behalf. Our email will include all the information about the ordered product which you've included in your product listing as well as separately showing the VAT and other applicable taxes (if any) collected as part of the order. You're responsible for ensuring that this information meets legal information requirements and for compliance with all applicable legal, tax and regulatory requirements in connection with any customer receipt issued in your name.

Where a customer is tax registered, we will, where required by applicable law, provide you with the customer’s registration number and details of the relevant supply.

What you must do when we tell you about an order

we tell you about an order you must:

• Using the supplier interface, tell us as soon as possible, and in any event within 48 hours, if you won't be able to supply the product.
• In all other cases, subject to the supplier interface confirming that payment has been received from the customer, supply the product to the customer in the way and within at least the timescale set out in your product listing. You must let us know via the supplier interface when you're ready to despatch a product, as this is the point at which we take payment for the product from the customer.

Dealing with customer questions about orders

You must deal promptly and professionally with any customer questions about orders using the supplier interface. You must liaise with us if the question relates to any part of the process, we're involved in. You and we will co-operate with each other in trying to resolve any such questions.

Dealing with customer cancellations

We'll tell you if a consumer contacts us to cancel an order. When we do so, or when a consumer contacts you directly to cancel an order, the terms of return and refund set out in the Application Form will apply and you must comply with the returns and refunds policy and any further commitments you've made in your product listing or other marketing or advertising. You must promptly tell us of any refunds due to customers who have cancelled and these will be dealt with as described in How customers are refunded.

How you must handle customer complaints

We'll tell you if a customer complains to us about you or one of your products, including any complaints that products have not been delivered or that cancelled orders have not been refunded and provide you with all relevant details about the complaint.

You must deal with complaints we tell you about, and any complaints you receive directly from customers, in a way that complies with applicable law and honour any additional commitments or guarantees you've made in your product listing or other marketing or advertising.

[We offer assistance to suppliers and consumers to help them resolve disputes arising out of the supply or non-supply of products through TijaraHub. You agree to co-operate fully in this process, but you and any customer may at any time opt to refer any dispute separately as seller and purchaser of the products.

All of your communications with customers about complaints should be made through, or where this is not possible, accurately logged with, our supplier interface.

[If, in relation to any dispute with a customer, you don't engage in dispute resolution, as required by these terms and in good faith, then we may refund and/or compensate the customer on your behalf. We can also do this if you don't abide by any commitment you've made during dispute resolution, any settlement reached through mediation or any ruling made by a court or other competent authority. Refunds will be handled as set out in How customers are refunded. You must reimburse us for payments made in compensation, see When you must pay our invoices.

See also 9 (Claims and actions against us in connection with you or your products).

How customer reviews are collected and displayed

We and you agree to use our best efforts to make sure that customer reviews on TijaraHub are from customers who have bought products and tried them and who are not connected with the relevant supplier or in any way encouraged or incentivised to post a favourable review.

We use the supplier interface to invite customers to whom your products have been delivered to review your products and to remind them of this invitation more than once.

Customers submitting a review do so in a prescribed format which may involve a free text box. Our software may block language in customer reviews which is not permitted under our acceptable use policy but we don't guarantee that it will do so. You're responsible for checking reviews for compliance with our acceptable use policy and telling us if you consider that a review breaches it. If we agree, we'll remove the review from the site and inform the customer we've done so.

You may respond to reviews using the customer interface, provided your response complies with our acceptable use policy. We'll publish your response below the review unless we reasonably think that it doesn't comply with our acceptable use policy (we may remove responses on this basis at any time after they have been published).

You mustn't directly or indirectly contact customers (whether through the supplier interface or using any other contact details you have for customers) either to encourage them to submit any review or a favourable review or to change or withdraw a review. You must not encourage customers to submit reviews of products they have purchased on TijaraHub anywhere other than on TijaraHub.

Access to and use of data generated through use of TijaraHub

Subject to applicable data privacy laws, your own and your customers' use of TijaraHub will generate data (including personal data), about orders, customer queries, ratings and reviews for your products, and other matters. Our how we treat our suppliers policy sets out the extent to which and under what conditions we'll access this data ourselves (including the data categories) and give you access to this data and how we'll do this. The policy also sets out the extent to which we allow your third party service providers access to such data and how (and for how long) you can obtain access to such data after this agreement ends. Further information about how we process personal data relating to suppliers is set out in our data protection policy. This also describes your data protection rights including rights to object to certain types of processing activity.

are data generated through your own and our other suppliers' use of TijaraHub with all the suppliers using TijaraHub and third parties. What data we share in this way and how we do this is set out in our how we treat our suppliers policy https://tijarahub.com/return-refund-policy . In particular, you should know that we monetise some of this data in the ways explained in the policy. You may switch off certain aspects of this data sharing in your supplier profile but this will only affect data generated after you've made this choice (and you must allow a reasonable time for us to process this change).

Fees and commission on your product sales

Set-up and other fees

We'll charge you a set-up fee if stated in the Application Form plus VAT. You must pay this fee to us before you can start listing your products and in any event within 30 days of our invoicing you for it. See also When you must pay our invoices. In case you are in the Free setup agreement your account will be setup automatically

We also charge you fees for handling refunds (see How customers are refunded) and [DETAILS OF OTHER FEES], in each case plus VAT, as set out in our commission and fees policy.

What we pay you for products sold on TijaraHub

We'll pay you the sums received by us from customers for your products less:

• Our commission and any VAT applicable to it.
• Any fees (and any VAT applicable to them) or other sums we've invoiced you for and which are unpaid at the time we pay you, whether or not the due date for payment has arrived (see When you must pay our invoices)
• Any sums owed to us in connection with any third party claim under Compensation for claims against us which are unpaid at the time we pay you.

We charge customers in the currency agreed with you and the customer and account to you in the same currency or in your local currency based on the average of the official exchange rate applied on the date of payment.

Our commission is calculated as a percentage of the total price paid by the customer for the product (including for packaging, personalisation and any optional extras but excluding VAT), at the rates agreed in the Application Form.

You must fully comply with your tax obligations in connection with the use of our services and the offer and sale of your products on TijaraHub including the collection, reporting, filing and payment of any and all applicable taxes (such as VAT, plastic packaging taxes and duties) and other governmental assessments.

When we pay you

Within five days of the end of each month we'll send you a statement of the sums due to you and how they have been calculated and credit such sums to the bank account you've notified to us via the supplier interface.

When you must pay our invoices

You must pay any invoices we submit to you within 5 days of receipt, save that set-up fees (see Set-up and other fees) must be paid before you can start listing products.

Interest on late payments

If either of us fails to make a payment due to the other under these terms by the due date, then, without limiting the other party's remedies, the defaulting party shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 7% a year.

How customers are refunded

If you instruct us to refund a customer on your behalf, we'll do so provided we can deduct such sums from money due from us to you. We are not obliged to refund more than the sums collected from the customer at checkout. If we can't deduct such sums from money due from us to you, we may either require you to refund customers directly or choose to refund customers ourselves and you must pay us the sums we refund in this way. See When you must pay our invoices.

Our and your rights of set-off

Save as expressly provided in these terms (see What we pay you for products sold on TijaraHub and How customers are refunded), you and we shall each pay all amounts due under this agreement in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

Using each other's branding and other intellectual property rights

Your use of our branding

You may publicise your listings on TijaraHub outside TijaraHub, for example, on social media. In doing so you must take care not to in any way suggest that you or your listings are endorsed, controlled or created by TijaraHub. You can share the urls for your listings and supplier pages and state that your products can be bought on TijaraHub. However, you can't use the TijaraHub stylised name or logos either on their own or in combination with another word or use the TijaraHub name in your social media profile name or photo. You also can't create content with the same look or feel as that of TijaraHub.

As soon as reasonably possible after this agreement ends, you must remove any content that suggests you sell on TijaraHub from any places you control and use your best efforts to remove such content from any places owned by any third parties.

Our use of your branding and other intellectual property rights

You grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce, display and publish any content, data or information (including trade marks and branding) you provide to us in connection with you and your products (your materials) for the purposes of listing and selling your products on TijaraHub and through the sales channels and affiliates described in How we use other sales channels and affiliates to market your products and operating, improving and marketing TijaraHub in any media.

9 (Claims and actions against us in connection with you or your products) sets out what happens if someone claims that our use of your materials (as set out above) infringes their intellectual property or other rights.

As soon as reasonably possible after this agreement ends, we'll stop all use of your materials on Tijarahub and in the sales channels and affiliates described in How we use other sales channels and affiliates to market your products. However, we reserve the right to continue using your materials for the purposes and period set out in Your obligations after this agreement ends and Our obligations after this agreement ends.

Except as stated above, we won't acquire any rights to your materials and any goodwill generated by our use of your materials on TijaraHub or through our marketing activities will accrue to you.

Suspension of listings, ending this agreement and disputes

When we'll suspend your listings or end this agreement

We can suspend or restrict any individual listing you make on TijaraHub if we become aware, or have reason to believe, that what you've told us about your product or said about your product in the listing for it is not true or up to date or that the product or the listing doesn't comply with these terms, including our policies (see The policies which form part of these terms) or is otherwise unlawful.

We can end this agreement and your rights to use TijaraHub for any of the following reasons:

• You've not complied with these terms, including the policies referred to in them and your non-compliance is more than trivial or is repeated.
• You've not paid one of our invoices by the due date (see When you must pay our invoices).
• You've become insolvent or you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business or your financial position deteriorates to such an extent that we think your ability to fulfil your obligations under this agreement is at risk.
• We reasonably consider that our continuing to provide services to you could expose TijaraHub to disrepute, contempt, scandal or ridicule, or would tend to shock, insult or offend the public or reflect unfavourably on TijaraHub's reputation or the other suppliers selling on TijaraHub.
• We decide to stop providing TijaraHub or to stop selling your type of products on TijaraHub.

We'll give you at least 30 days' notice that we are ending this agreement unless:

• Our legal, tax or regulatory obligations require us to end this agreement without such notice.
• It's imperative for us to end this agreement either immediately or on shorter notice. For example, we may end this agreement with immediate effect if you become insolvent or we discover that your products are unsafe or counterfeit or present a danger to minors or if we reasonably suspect you of fraud or of using TijaraHub to spam others.
• You've repeatedly broken this agreement.

If we're suspending or restricting an individual listing or ending this agreement, we'll normally give you a written statement of the specific facts or circumstances which led to our decision and which of these terms we consider you've broken. If we're acting in response to a notification from someone else, we'll also share the contents of that notification with you. However, we won't give you such a statement if:

• We're subject to a legal, tax or regulatory obligation not to provide the specific facts or circumstances or to set out our reasons.
• We're ending this agreement because you've repeatedly broken it.

How to complain if you're not happy with our services including any decisions we've taken

If you want to complain about our services or the way we've treated you, including because you disagree with us refunding or compensating a customer, restricting or suspending a listing for your products or ending this agreement, please contact us using the supplier interface complaint function www.Tijarahub.com/contact-us

You and we agree to try our best to resolve all complaints by following the steps set out in our supplier complaints policy [LINK TO POLICY]. If we can't resolve your complaint in this way, either of us can request mediation (see You or we can request mediation of disputes). In addition, we are both able to bring legal action at any time (see Governing law and jurisdiction).

How you can end this agreement

You may stop using TijaraHub at any time. This agreement will end when you've informed us, using the supplier interface, that you no longer wish to use TijaraHub and you've removed your product listings.

Your obligations after this agreement ends

After this agreement ends (for whatever reason) you must (unless we tell you otherwise):

• Immediately remove any listings for your products from TijaraHub.
• Leave your customer facing supplier profile (excluding listings for your products) live until 60 days after your fulfilment of the last order you received through TijaraHub, to allow customers to contact you about orders previously submitted. Once this period has expired you must remove your customer facing supplier profile.
• Continue to comply with these terms insofar as they relate to customer orders received through Tijarahub before removal of your product listings. You need only comply with the version of these terms which applied when this agreement ended.

Our obligations after this agreement ends

After this agreement ends (for whatever reason) we:

• May remove all listings for your products from TijaraHub, if you've not already done so, and reject any order received after this agreement ends.
• May remove your customer facing supplier profile from TijaraHub, if you've not already done so, except that we can keep it live until 60 days after your fulfilment of the last order you received through TijaraHub, to allow customers to contact you about orders previously submitted.
• Will continue to comply with these terms insofar as they relate to customer orders received through TijaraHub before removal of your product listings, including by paying sums due to you for such orders. We'll comply with the version of these terms which applied when this agreement ended.
• Will stop giving you access to data (including personal data) generated by your use of TijaraHub.

Limitations on liability and platform availability

Meaning of liability in these terms

When we talk about liability in these terms we mean every kind of liability arising under or in connection with this agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

Liabilities neither you nor we limit or exclude

Nothing in these terms limits any liability (whether yours or ours) which can't legally be limited, including but not limited to liability for:

• Death or personal injury caused by negligence.
• Fraud or fraudulent misrepresentation.

The limitations and exclusions set out in this agreement don't apply in respect of:

• Any liability arising from your or our deliberate default.
• Your liabilities to us under 9 (Claims and actions against us in connection with you or your products).

Types of loss you and we exclude liability for

Except in respect of Liabilities neither you nor we limit or exclude, we won't be liable to you and you'll not be liable to us for:

• Loss of profits.
• Loss of sales or business.
• Loss of agreements or contracts.
• Loss of anticipated savings.
• Any indirect or consequential loss.

Caps on your and our liability to each other

Except in respect of Liabilities neither you nor we limit or exclude (which are uncapped), our total liability to you is capped at USD 20,000.

Payment of uncapped liabilities shall not reduce these caps.

Deadline for us to make claims against each other

Unless either of us notifies the other that they intend to make a claim in respect of an event within the notice period, the other shall have no liability for that event. The notice period for an event starts on the day on which the party claiming became, or ought reasonably to have become, aware of their having grounds to make a claim in respect of the event and expires three months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

Claims and actions against us in connection with you or your products

Dealing with claims against us

We'll pass on to you any complaints we receive about you or one of your products as described in How you must handle customer complaints. However, if anyone, including (but not limited to) a customer, any regulator, authority, couriers or any third party rights holder, makes a claim or takes any kind of action against us in connection with:

• Your products, their supply through TijaraHub, and their importation to customers.
• Content you've uploaded to or otherwise distributed through our systems, including but not limited to your supplier profile, your product listings, your communications with customers, advertising, and any omissions or inaccuracies in such content.
• Things we have or haven't done in reliance on information you've provided (or omitted to provide) to us, including our exercise of rights you've granted to us.
• Things you have or haven't done including but not limited to any breach of these terms and our policies,

(a third party claim), then you must, at our option and as we request, either help us defend or deal with the third party claim or defend or deal with it on our behalf, in each case at your own expense. If we ask you to defend or deal with a claim on our behalf, you must get our prior written agreement before settling or compromising it or attempting to do so.

Compensation for claims against us

You must pay us an amount (calculated on a full indemnity after-tax basis) equivalent to any liabilities, fines, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and any tax liabilities or third party charges such as brokers’ fees) and all interest, penalties and legal costs and all other professional costs and expenses (liabilities) we incur arising out of or in connection with any third party claim. See When you must pay our invoices.

Product recall and product liability insurance

Your and our record-keeping obligations

You and we agree to maintain appropriate, up-to-date and accurate records to enable the immediate recall of any of any of your products from the market. These records shall include details of deliveries to customers (including delivery date, name and address of customer and telephone number and email address if available). You must also keep records of batch numbers, where appropriate.

Responsibility for product recall

You are liable to customers for the product recall of any of your products. We will provide you with information we hold about customers and your products sold to them as reasonably necessary to assist you with your product recall obligations.

If we ask you to, you must give us evidence that you have promptly complied with your product recall obligations. If you don't do this within a reasonable time, we can do what we think appropriate to protect customers, including contacting customers to alert them to safety issues or recalling the product and refunding customers what they paid for it. You must cooperate with us in doing this and reimburse us all liabilities we incur in connection with any recall of your products. 9 (Claims and actions against us in connection with you or your products) applies in relation to any third party claim that your products are unsafe.

We can notify customers and others about unsafe products

We may suspend or restrict listings for unsafe products as set out in When we'll suspend your listings or end this agreement and notify the customers and the public of what we have done and why, by whatever means we consider appropriate. We may also include safety warnings about products as part of your product listings. We may use information from customer complaints about your products and customer reviews when assessing the safety of your products, require further information from you about the issues reported and share such information with regulatory and other governmental authorities.

You must have product liability insurance

You must maintain product liability insurance covering your products for as long as they are listed on TijaraHub and for two years after they stop being listed. Such insurance must provide sufficient cover per annum and be with a reputable insurer. You must provide a copy of the insurance policy and proof of payment of the current premium to us when we ask for it.

Compliance with the law and our mandatory policies

You must comply with the law and our mandatory policies

You must at all times when doing anything in connection with this agreement comply with:

• All applicable laws, statutes, regulations and codes from time to time in force including without limitation the CAP Code.
• Our mandatory policies on www.Tijarahub.com/vendor-terms-and-conditions

Data protection obligations

How we and you treat personal data we share with each other

You and us with deal with personal data in accordance with our data protection policy www.Tijarahub.com/vendor-terms-and-conditions and the applicable data protection laws in relevant territories in which we engage.

Changes to these terms

How we make changes to these terms

We'll let you know via email or another durable medium about any changes we're making to these terms (including the policies referred to in them), unless they're just editorial changes which don't alter the terms' content or meaning.

Normally we'll give you at least 15 days' notice before such changes take effect.

We'll give you more notice if a change we're making impacts on the way you do things, either technically or commercially (a significant change). For example, you might need more notice if we entirely remove a feature from TijaraHub, add a new feature or if you need to adapt your goods or reprogramme your services to continue using TijaraHub.

We won't give you advance notice if we have to make a change with immediate effect, whether for legal or regulatory reasons or to protect TijaraHub, our suppliers or our customers from fraud, malware, spam, data breaches or other cybersecurity risks.

If you list new products on TijaraHub after we've told you about any changes (other than a significant change), you will be deemed to have agreed to those changes and they will take effect immediately.

What you can do if you're unhappy about changes we've made

If you're unhappy with any changes we tell you about, you can normally end this agreement.

Other important terms

Governing law and jurisdiction

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of United Arab Emirates (UAE)

Each of us irrevocably agrees that the courts of UAE shall have [exclusive OR non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement, its subject matter or formation.

Impact of events beyond your or our reasonable control (force majeure)

Neither you nor we (the affected party) shall be in breach of this agreement or otherwise liable for any failure or delay in performing their obligations if such delay or failure results from events, circumstances or causes beyond the affected party's reasonable control. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for right weeks, the party not affected may end this agreement by giving 15 days' written notice to the affected party.

We can transfer our rights and obligations under this agreement

We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with (transfer) any or all of our rights and obligations under this agreement.

What happens if you want to transfer your rights and obligations under this agreement (including by using subcontractors)

You need to get our consent before you can transfer any of your rights and obligations under this agreement, including by using subcontractors. You can ask us for approval using the supplier interface.

How we and you must protect each other's confidential information

Neither you nor we (the recipient) shall at any time during the term of this agreement, and for a period of three years after it ends (for whatever reason) disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other (the discloser) or of any member of the group of companies to which the discloser belongs, except:

• To the recipient's employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the recipient's rights or carrying out its obligations under or in connection with this agreement. The recipient shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the discloser's confidential information comply with this clause (How we and you must protect each other's confidential information).
• As may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

The recipient shall not use the discloser's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.

Neither we nor you are bound by anything said but not included in this agreement

This agreement (comprising these terms and the policies referred to in them) constitutes the entire agreement between you and us in relation to our services.

Both you and we acknowledge that in entering into this agreement neither of us relies on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Both you and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this agreement.

Informal changes to this agreement aren't valid

Except for changes made as described in How we make changes to these terms, no variation of this agreement shall be effective unless it is in writing and signed by you and us.

You and we can only waive our rights under this agreement in writing

A waiver of any right or remedy is only effective if given in writing.

A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

Invalidity of part of this agreement doesn't affect the rest of it

If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

Defined terms

Terms in bold have the following meanings

insolvent

means, in relation to either party that it has taken any step or action in connection with:

• Entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring).
• Applying to court for, or obtaining a moratorium under applicable insolvency laws.
• Being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring).
• Having a receiver appointed to any of its assets.
• Ceasing to carry on business.
• If the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction.

liabilities

means any liabilities, fines, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and any tax liabilities or third party charges such as brokers’ fees) and all interest, penalties and legal costs and all other professional costs and expenses.

our systems

means our supplier interface and the other computer systems that support, operate and comprise TijaraHub.

permitted recipients

means your and our employees and the entities you and we use in connection with this agreement.

third party claim

means a claim or any kind of action against us made by anyone, including (but not limited to) a customer, any regulator, authority, couriers or any third party rights holder, in connection with:

• Your products, their importation and their supply through TijaraHub.
• Content you've uploaded to or otherwise distributed through our systems, including but not limited to your supplier profile, your product listings, your communications with customers, advertising, and any omissions or inaccuracies in such content.
• Things we have or haven't done in reliance on information you've provided (or omitted to provide) to us, including our exercise of rights you've granted to us.
• Things you have or haven't done including but not limited to any breach of these terms and our policies.

Transfer

means assign, novate, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with VAT

means value added tax.

your materials

means any content, data or information (including trade marks and branding) you provide to us in connection with you and your products.

Prohibited products policy

You may not list for sale through TijaraHub any products which:

• Are stolen, replicas, counterfeits or unauthorised copies.
• Violate the intellectual property, confidentiality or privacy rights of others.
• Violate any laws, including those governing export control and consumer protection.
• Contain any material that is obscene or pornographic.
• You don't have authority to sell.