1. Welcome to SOOQISTA
1. SOOQISTA (we, us, our) operates a social marketplace which allows users to buy and sell items using the SOOQISTA application which can be downloaded through th e app store on a mobile device (the “Service”)
2. Your Relationship With SOOQISTA
1. This document and any document(s) refer to within (collectively, “Terms of Service”) set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the Service. If there is anything within them that you do not understand, then contact us at ADMIN@SOOQISTA.com to discuss what this means for you.
2. By selling your products on the SOOQISTA platform you agree to these Terms of Service. If you do not agree to these Terms of Service do not post your products or allow SOOQISTA to post your products.
3. Setting up an Account
1. To access our service you must register with us or allow a SOOQISTA representative to set up an account with a username and password (your “Account”). SOOQISTA is not liable for any misuse of account information and passwords.
2. You must be at least 14 years of age and capable in your country of business operations of entering into a legally binding agreement to use our service.
4. SOOQISTA Marketplace
1. Our service allows SOOQISTA users to buy and sell items in a unique platform.
2. You can sell your products through our Service by publishing images of the items you want to sell.
3. As a buyer, SOOQISTA holds the right to add and remove products at its discretion. All sales must take place within the service. Products must only be purchased using one of SOOQISTA’s approved methods of payment.
4. As a seller, SOOQISTA sends money for any products you sell using Paypal or KNET OR BANK CARDS.
5. To safeguard the interest of our users, you are not permitted to sell or purchase a product by making direct arrangements with the buyer or seller to use a payment method other than the approved methods available through the Service. Please note that selling or purchasing a product in any other way is a breach of our Terms of Service and can result in, among other things suspension or termination of your access to the service.
6. We seek to be a positive experience for our users and we ask that you honor the commitments you make to another user in respect of the sale or purchase of the products.
7. Any purchase you make of a product sold on SOOQISTA is solely between you and the seller. Complaints, questions, and claims should be directed to the seller. Where users cannot resolve issues relating to a transaction between themselves we will attempt to help mediate such disputes but cannot guarantee a resolution.
8. If you are a seller, SOOQISTA may withhold any payment due to you if the buyer raises the dispute within 14 days of the sale transaction. SOOQISTA may vary the length of the holding period at its sole discretion. If any disputes are raised after payment for a transaction has been released to the seller, SOOQISTA may place a hold on any future payment to a seller until a dispute has been resolved.
9. As SOOQISTA is not the seller of any products other than its branded items, we have no control and do not give any commitment related to the existence, quality, safety, genuineness, or legality of products, the truth or accuracy of any picture or description of the product, or any other content made available by the users, the ability of sellers to sell products, the ability of buyers to pay for them or that a buyer or seller will actually complete a transaction or return the product.
10. Fulfilling an order is the responsibility of a seller.
5. Your Right to Use the Service
1. The materials and content comprising the Service either belong to SOOQISTA or we have permission from the owner to use them to provide the Service. We give you permission to use the materials and content comprising the Service for the sole purpose of using the Service in accordance with these Terms of Service.
2. Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift, or transfer your Account to another person. Your right to use this Service does not stop us from giving other people the right to use the Service.
3. Other than as allowed in these Terms of Service you are not given the right to use the “SOOQISTA” name, or any of the “SOOQISTA” trademarks, logos, domain names, and other distinctive brand features.
6. Your Content
1. You confirm that images, sounds, text, or information that you submit or create (“User Content”) while using the Service will meet the Terms of Service.
2. You grant us a worldwide non-exclusive, royalty-free and perpetual license to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license, assign, transfer, and exploit the User Content anywhere and in any form for the purposes of providing our Service or for any purpose in connection with the operation of our business.
3. Our right to use your User Content does not in any effect your privacy rights and we will only use information that identifies you as needed.4. We do not check or moderate any User Content before it is added to the Service by users. We may later check, moderate, reject, refuse, or delete any User Content if we think that it breaks any of the Rules of Acceptable Use, or we believe it is against SOOQISTA's ethics.
7. Rules of Acceptable Use
1. In addition to the other requirements within these Terms of Service this clause describes specific rules that apply to your use of the Service.
2. You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.3. When using the Service you must not:i. Give any false or misleading information in your Account details
ii. Permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorized by you.
iii. Use the Service if we have suspended or banned you from using it.
iv. Send junk, spam, or repetitive messagesv. Engage in any illegal or unlawful conduct including selling, any fake or counterfeit items, or any item that otherwise breaches another person’s rights.
vi. Modify, interfere, intercept, disrupt, or hack the Service.
vii. Collect any data from the Service other than in accordance with these Terms of Service.
viii. Submit or contribute any User Content (including comments and descriptions relating to products) that contains nudity or violence, is abusive, threatening, harassing, obscene, derogatory or uses bad or rude language.
ix. Unfairly or unlawfully interfere or manipulate any rating system or user feedback system.x. Submit or contribute any User Content without the permission of the content owner or otherwise infringe the copyright, trademark, or other rights of third parties.xi. Offer to sell or buy any of the items we list as prohibited items which can be found at: (http://www.souqina-app.com/#!prohibited-items/fjngl) ; or
xii. Purchase or sell a product by making direct arrangements with the buyer or seller to use a payment method other than the approved payment methods available through the Service.xiii. Take any action which is deliberately designed to circumvent, reduce or manipulate, the Commission due to us.xiv. Submit or contribute any information or commentary about another person without that person’s permission.xv. Failure to comply with SOOQISTA’s rules of acceptable use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):
1. Immediate, temporary, or permanent withdrawal of your right to use our Service.
2. Immediate, temporary, or permanent removal of any User Content3. Issuing of a warning to you
4. Legal action against you including proceedings for reimbursement of all costs.5. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
6. Any other action we reasonably deem inappropriate.
9. Notice and Takedown Policy
1. Anyone can contact us by sending us an "Infringement Notice" if any content infringes on their right or fails to comply with our Rules of Accesptable Use. The Infringement Notice should be sent by email to ADMIN@SOOQISTA.COM .
1. The seller of any sale item will pay SOOQISTA a commission of 5% on the amount of the product(s) (including taxes, if any, and shipping costs) in respect of any transaction (the “Commission”).
9. Ending Our Relationship
1. If at any time you do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.2. If you wish to end your use of the Service please contact us at ADMIN@SOOQISTA.COM and ask us to deactivate your Account.
3. We may immediately end your use of the Service if you break the rules of acceptable use or these Terms of Service.
4. We may also withdraw the Service as long as give you reasonable notice that we plan to do this.
10. Our Liability/Responsibility To You
1. You alone decide whether to proceed with a sale or purchase a product. As such, we make no commitments regarding the product including the quality or late delivery of the product or for honoring any erroneous information regarding the price, description, and availability of, or any information relating to, any product promoted or available through the Service.
2. Unfortunately, due to the nature of the internet and technology, the Service is provided on a third party platform which SOOQISTA relies on. This means that we are unable to promise you that your use of the Service will be uninterrupted, without delays, error-free, or meet your expectations and we do not give any commitment related to the performance of the service.
3. To the extent permitted by the law, our total responsibility for any claims relating to a transaction is limited to the Commission payable in connection with the transaction. We do not accept any responsibility whatsoever for any other claims.
11. Changes to the Service
1. We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services.
2. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service or feature relating to the Service. SOOQISTA also holds the right to restrict and amend sellers in terms of amount of products for sale and shipping charges.
12. Changes to the Documents
1. We may revise these Terms of Service from time to time so always check our website for an updated version.
2. Changes will usually occur because of new features being added to the Service, changes in the law, or where we need to clarify our position on something.3. We will try, where possible and reasonable, to contact you to let you know about any significant changes to these Terms of Service.
4. We will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any service.
1. SOOQISTA is based in Kuwait, and governed by the laws of the province of Kuwait which will apply to all disputes and interpretation of these Terms of Service.14. Contact, Feedback and Complaints1. If you need to contact us in regards to these Terms of Service, please email us at admin@SOOQISTA.com . We value hearing from our sellers and users, and are always interested in learning about ways we can improve the Service.