1.2 You are not allowed to access or use the Services or Hyke platforms if (a) you are not of legal age to form a binding contract with Hyke, or (b) you are not permitted to do a commercial business in the countries / regions including the country / region in which you are resident or from which you access and use the Services and the Hyke platforms.
1.3 Hyke may amend any Terms at any time by posting the relevant amended and restated Terms on the Hyke platforms. By continuing to access or use the Services and Hyke platforms, you agree that the amended and restated Terms will apply to you.
1.4 If Hyke has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only, and that the English language version will govern your access to and use of the Services or the Hyke platforms.
1.5 You may be required to enter into separate agreement(s), whether online or offline, with Hyke or our affiliates for any Service and Hyke Platforms (or features within the Services, each an Additional Agreement). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service (or feature within the Service) concerned.
2.1 You must register as a User on the Hyke platforms in order to access and use its Services. Further, Hyke reserves the right, without prior notice, to restrict your access or using of certain Services and Hyke platforms (or any features within the Services), upon Hyke sole discretion.
2.2 Services and Hyke platforms (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service and Hyke platforms, or feature or function thereof, or the same type and extent of the Service or features and functions thereof, will be available for Users. Hyke may in its sole discretion limit, deny or create different levels of access to and use of any Services and Hyke platforms (or any features within the Services) with respect to different Users.
2.3 Hyke may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice.
2.4 Some Services and Hyke platforms (or part thereof) may be provided by Hyke affiliates on behalf of Hyke.
2.5 As a condition of your access to and use of the Services and Hyke platforms, you agree that you will comply with all applicable laws and regulations when accessing or using the Services and Hyke platforms.
2.6 You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through Services and Hyke platforms (the Hyke platforms Content), and (b) you will not copy, reproduce, download, compile or otherwise use any Hyke platforms Content for the purposes of operating a business that competes with Hyke, or otherwise commercially exploiting the Hyke platforms Content. Systematic retrieval of Hyke platforms Content from the Services and Hyke platforms to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Hyke is prohibited. Use of any content or materials on the Services and Hyke platforms for any purpose not expressly permitted in the Terms is prohibited.
2.7 Hyke may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' website. You are cautioned to read such website's terms and conditions and/or privacy policies before using the website. You acknowledge that Hyke has no control over such third parties' websites, does not monitor such websites, and shall not be responsible or liable to anyone for such websites, or any content, products or services made available on or through such websites.
2.8 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Hyke and/or any other User, nor to gain unauthorized access to such computer systems or networks.
2.9 You agree not to undertake any action which may undermine the integrity of the Hyke feedback system, such as leaving positive feedback for yourself using secondary User IDs or through third parties or by leaving unsubstantiated negative feedback for another user.
2.10 By posting or displaying any information, content or material (User Content) on the Services and Hyke platforms or providing any User Content to Hyke or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Hyke to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to Hyke. You confirm and warrant to Hyke that you have all the rights, power and authority necessary to grant the above license.
3.1 You as the User must complete the registration and provide Hyke with all required documents and information to allow you to trade through the Services and Hyke platforms, after receiving Hyke approval on your registration application. Except with specific Hyke approval, one User may only register one account on the Services and Hyke platforms. Hyke may cancel or terminate a User’s account if hawse have reasons to suspect that the User has concurrently registered or is in control of two or more accounts. Further, Hyke may reject a User’s application for registration for any reason.
3.2 Upon registration with the Services and Hyke platforms, Hyke shall assign an account and issue a User ID and password (the User ID & password shall be chosen by you during the registration process).
3.3 A set of User ID and password is unique to a single account. Each User shall be solely responsible for maintaining the confidentiality and security of your User ID and password and for all use of and activities that occur under your account (whether such use or activities are authorized or not). The User agrees to notify Hyke immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account. In addition, you should take all necessary steps to ensure that the password is kept confidential and secure.
3.4 The User agrees that all use of the Services and Hyke platforms, and all activities that occur under your account or under any sub account that created by you under your main account, including without limitation, posting any purchase orders, clicking to accept these Terms or any other terms, Additional Agreements or rules, subscribing to or making any payment for any services, sending, receiving emails using the email account or sending and receiving SMS or any other kind of electronic message, creating any subaccount to any third party (all referred to as activities hereinafter) will be deemed to have been authorized by the User, and you will be bound and responsible for such activities.
3.5 The User acknowledges that sharing of your account details with other persons, or allowing multiple users outside of your business entity to use your account (collectively, multiple use), may cause irreparable harm to Hyke or other Users of the Services and Hyke platforms. You shall indemnify Hyke, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered because of the multiple use of your account. You also agree that in case of the multiple use of your account or your failure to maintain the security of your account, Hyke shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate your User account without liability to you.
3.6 You must not use any Service and Hyke platforms: (i) in any way that causes, or is likely to cause, any access to such Services and Hyke platforms to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.
3.7 Hyke reserves the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Terms or any other applicable terms and conditions, guidelines or policies.
3.8 The User has the feature available on the Services and Hyke platforms to create a sub account under your main account, for any third party .If this feature is used by the User, you will be fully responsible for any sub accounts that you create for any third party, including your employees. Specifically, you will be wholly responsible for, and guarantee any transaction that takes place through or under such sub account, and Hyke will not by liable for any damages that may arise to the User because of such sub accounts that you created. The User also agrees that in case of your failure to maintain the security of your account and/or any sub accounts that you have created, Hyke shall not be liable for any loss or damages arising from any such breach and shall have the right to suspend or terminate your User account without liability to you.
4.1 The User represents, warrants and agrees that (a) you the full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) access and use the Services and Hyke platforms will be for business purposes only; and (c) the address and contact information you provide when registering is the principal place and information of your business entity. For purposes of this provision:1. a branch office will not be considered a separate entity, 2- your principal place of business will be deemed to be that of your head office.
4.2 Users will be required to provide the information, documents and the material about your entity and business as part of the registration process on the Services and Hyke platforms for your access to and use of any Services and Hyke platforms. Each User represents warrants and agrees that (a) such information, documents and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Services and Hyke platforms is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
4.4 Each User further represents warrants and agrees that you:
a) Carry on your activities on the Services and Hyke platforms in compliance with any applicable laws and regulations;
b) Conduct your business transactions with other users of the Services and Hyke platforms in a good faith;
c) Carry on your activities in accordance with the Terms and any applicable Additional Agreements;
d) Do Not use the Services and Hyke platforms to defraud any person or entity;
e) Do Not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
f) Do Not engage in spamming or phishing;
g) Do Not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
h) Do Not make or be involved with attempts to copy, reproduce, exploit or expropriate Hyke various proprietary directories, databases and listings;
i) Do Not make or be involved with any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or information;
j) Do Not make or be involved with any scheme to undermine the integrity of the data, systems or networks used by Hyke and/or any user of the Services and Hyke platforms or gain unauthorized access to such data, systems or networks; or
k) Do Not engage in any activities that would otherwise create any liability for Hyke or our affiliates.
4.5 You as the User acknowledge and agree that Hyke reserves the right to, but shall not be required to actively monitor or exercise any editorial control whatsoever over the content of any message or material or information (including User Content) created, obtained or accessible through the Services and Hyke platforms . Hyke does not endorse, verify or otherwise certify the contents of any comments or other material or information (including User Content) created, submitted, posted, displayed or otherwise made by you or any user or suppliers/sellers. You and each user or suppliers/sellers is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information or products.
4.6 You as the User acknowledge and agree that the Services and Hyke platforms may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.
4.7 If any User breaches any Terms, or if Hyke has reasonable grounds to believe that a User is in breach of any Terms, Hyke shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the User’s account and any and all accounts determined to be related to such account by Hyke in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service and Hyke platforms; (iii); imposing other restrictions on the User’s use of any features or functions of any Services and Hyke platforms as Hyke may consider appropriate in its sole discretion; and (iv) any other corrective actions, discipline or penalties as Hyke may deem necessary or appropriate in its sole discretion.
4.8 Without limiting the generality of the provisions of the Terms, a User would be considered as being in breach of the Terms in any of the following circumstances:
a) Hyke has reasonable grounds to suspect that such User has used a false or misleading information in any transaction with a counterparty;
b )Hyke has reasonable grounds to suspect that any information provided by the User is not current or complete or is untrue, inaccurate, or misleading; or
c) Hyke believes that the User’s actions may cause financial loss or legal liability to Hyke or our affiliates or any other users.
4.9 Hyke reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, Hyke may disclose the User's identity, contact information and/or information regarding the User's account(s), transactions or activities carried out on or via the Hyke platforms, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. Hyke shall not be liable for damages or results arising from such disclosure, and the User agrees not to bring any action or claim against Hyke for such disclosure.
4.10 Hyke may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the User’s use of any part of the Services and Hyke platforms without being liable to the User if Hyke has received notice that the User is in breach of any agreement or undertaking with any other users, suppliers/sellers, and Hyke and its affiliates reserve the right to, but shall not be required to, investigate such breach or request confirmation or information from the User.
4.11 You as the User agree to indemnify Hyke, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submissions, postings, orders, access to or use of the Services and Hyke platforms, or from your breach of the Terms or any Additional Agreements.
4.12 Each User further agrees that Hyke is not responsible, and shall have no liability to you or anyone else for any other user and suppliers/sellers content or other material transmitted through the Services and Hyke platforms, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with the User and suppliers/sellers.
5.1 Hyke allows third party sellers to list and sell their products through the Services and Hyke platforms. In each such case, this is indicated on the respective product detail page. While Hyke helps facilitate transactions that are carried out through the Services and Hyke platforms, Hyke is neither the buyer nor the seller of the seller's items. Hyke provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between each respective buyer and seller. Hyke is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. The seller is fully responsible for the sale of the products and for dealing with any buyer claims, payments or any other issue arising out of or in connection with the contract between the buyer and seller. At the same time, in Hyke’s sole decision only, Hyke has the full right and capacity to sue any parties, whether buyer or seller, if Hyke is damaged or otherwise affected in any way from any transaction that has taken place on or through the Services and Hyke platforms, including but not limited to taking legal actions against the sellers or the buyers if any of them breach any part of these Terms, contract or any other legal documents between buyers and sellers and Hyke. Further in this regard, a seller may authorize Hyke to take any legal action for to any reason on behalf of such seller against the buyer, and likewise the buyer may authorize Hyke to take any legal action for to any reason on behalf of such buyer against the seller.
5.2 Hyke does not control and it is not liable or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale through the Services and Hyke platforms, the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
5.3 Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. Hyke uses several techniques to verify the accuracy of certain information when they register on the Services and Hyke platforms. However, because user verification on the Internet is difficult, Hyke cannot and does not confirm each User's purported identity. We encourage you to use various means, as well as common sense of professional man care, to evaluate with whom you are dealing.
5.4 You as the User accessing or using the Services and Hyke platforms shall assume the risks of conducting any purchase and sale transactions in connection with or through the Services and Hyke platforms. You as the User accessing or using the Services and Hyke platforms shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services that are the subject of the transactions through the Services and Hyke platforms. Examples of such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory product quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery, cost mis-calculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed through the Services and Hyke platforms may violate or may be asserted to violate third party rights, and the risk that Users may incur costs of defense or other costs in connection with third parties’ assertion of third party rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to the assertion of rights, demands or claims by claimants of third party rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or other third parties that they have suffered injuries or harm from their use of the products obtained through the Services and Hyke platforms. All of the foregoing risks are referred to as Transaction Risks. Hyke is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
5.5 Buyers and sellers on the Hyke platforms are solely responsible for setting out and performance of the terms and conditions of the transactions conducted on, through or as a result of use of the Services and Hyke platforms, including, without limitation, terms regarding payment, returns, warranties, insurance, fees, taxes, title, licenses, fines, permits.
5.6 User agrees to provide all information and materials as may be reasonably required by Hyke in connection with your transactions conducted on, through or as a result of use of the Services and Hyke platforms. Hyke has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination.
5.7 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Hyke (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.
6.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND HYKE PLATFORMS ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND HYKE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL WARRANTIES, REPRESENTATIONS, CONDITIONS OR UNDERTAKINGS
6.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYKE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SERVICES AND HYKE PLATFORMS; HYKE DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SERVICES AND HYKE PLATFORMS DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND HYKE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SERVICES AND HYKE PLATFORMS.
6.3 Any material downloaded or otherwise obtained through the Services and Hyke platforms is done at each User's sole discretion and risk and each User is solely responsible for any damage to its own system(s) or any loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Hyke or through or from the Services and Hyke platforms shall create any warranty not expressly stated herein.
6.4 The Services and Hyke platforms may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Hyke or our affiliates be held liable for any such services or products.
6.5 Each User hereby agrees to indemnify and save Hyke, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's access to or use of the Services and Hyke platforms (including but not limited to the display of such User's information on the Services and Hyke platforms) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Hyke, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Hyke.
6.6 Each User hereby further agrees that Hyke is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Hyke reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Hyke in asserting any available defenses.
6.7 Hyke shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
a) The use or the inability to use the Services and Hyke platforms;
b) Any defect in goods, products samples, data, information or services purchased or obtained from a User or any other third party through the Services and Hyke platforms;
c) Violation of Third Party Rights or claims or demands that User's manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Services and Hyke platforms may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
d) Unauthorized access by third parties to data or private information of any User;
e) Statements or conduct of any User of the Services and Hyke platforms; or;
f) Any matters relating to the Services and Hyke platforms, however arising, including negligence.
6.8 We will do our utmost to ensure that availability of the Services and Hyke platforms will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Services and Hyke platforms may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Hyke will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Services and Hyke platforms.
We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
6.10 Updates. In order to keep the Services and Hyke platforms up-to-date, we may offer automatic or manual updates at any time and without notice to you
7.1 Seller and Buyer. For the purpose of this section, the term Seller means the registered user who supplies the product(s) or service(s) under an Online Transaction through the Services and Hyke platforms, and the term buyer means the registered User who purchases or acquires the product(s) or service(s) under an Online Transaction (under these terms, you). Online Transaction or orders means the dealings between various Sellers and various buyers, through the Services and Hyke platforms, and all related processes, and created and documented electronically to the extent possible.
7.2 Online Orders. Seller and buyer shall enter into an Online Transaction for products or services by completing, submitting and accepting an order online using the applicable standard process through the Services and Hyke platforms. Seller and buyer shall be responsible for ensuring that you have agreed to, and specified, all the relevant terms and conditions for the products or services in the relevant Hyke online order process, including but not limited to the pricing, quantity, warranty and return policies, specifications, quality standards, inspection, delivery time, considering the following:
A- Hyke may refuse, reject to process or cancel any orders placed from the buyers, on its sole discretion, without liability for any losses or damages arising out of or in connection with such refusal, rejection or cancellation.
B- Transaction between Seller and buyer Only: Each Online Transaction (orders) through the Services and Hyke platforms is made by and between a Seller and a buyer only. However, Hyke makes available the transactions services such as delivery and payments collection, and may conduct formal review(s) of any transaction, Hyke shall not be considered as a party to the Online Transaction between the buyer and the Seller. Hyke does not represent the Seller or the buyer in any Online Transaction. Hyke will not be responsible for the quality, safety, lawfulness or availability of the products or services offered under any Online Transaction or the ability of either Seller or buyer to complete any Online Transaction. You agree that you will not hold Hyke and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from any Online Transactions, including any breach, partial performance or non-performance of the Online Transaction by the other party to the transaction.
C- Payment of Transaction. For any Online Transaction, the buyer agrees to pay the full transaction price listed for Online Transaction to the Seller at the time of delivery or as agreed between the Seller and buyer (for example, in a credit transaction), and the Seller as per his policy has full right to apply any extra fees due to delaying in the payments, or any kind of other fees.
D- Hyke does not guarantee the identity of any User or ensure that a buyer or a Seller will complete a transaction through the Services and Hyke platforms.
E- Hyke and Third Party Vendors. You may engage with Hyke or one or more third party vendors for the purpose of completing and fulfilling an Online Transaction such as the warehousing and logistic service companies, shipping agents, inspection agents, insurance companies, etc. In accordance with your agreements, you agree and accept their service terms and conditions. Notwithstanding the foregoing, for all Hyke and third party vendors, you acknowledge and agree to use such Hyke or third party vendors services at your own discretion and cost, and that you will not hold Hyke and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from the services of such Hyke or third party vendors.
7.3 You represent and warrant that:
(a) You will use the online Transaction Services in good faith and in compliance with all applicable laws and regulations including laws related to anti-money laundering and counter-terrorism financing;
(b) All information and material you provide in connection with the use of the Services and Hyke platforms is true, lawful and accurate, and is not false, misleading or deceptive; and
(c) You will not use the Online Transactions to defraud Hyke, our affiliates, or other users or users of the Services and Hyke platforms or engage in other unlawful activities (including without limitation dealing in products prohibited by law).
7.4 Breaches. If you are, in our opinion, not acting in good faith, abusing the Services and Hyke platforms, or otherwise acting in breach of these Terms, Hyke shall have the full right to either cancel your account or to cancel the specific Online Transaction(s) at any time without any liability for any losses or damages arising out of or in connection with such cancellation. Hyke also reserves the right to impose any penalty, or to temporarily or permanently suspend or terminate your use of the Services and Hyke platforms, temporarily or permanently suspend or terminate or procure the suspension or termination of your account on the Services and Hyke platforms. Hyke also reserves the right to (i) temporarily suspend the any transaction functionalities of your account with Hyke for a prescribed period determined by Hyke, or permanently terminate the use of your Hyke account, in connection with such suspension or termination. Hyke may also publish the findings, penalties and other records regarding the breaches on the Hyke platforms without any liability or damages due to this suspension or/and cancellation .
7.5 Obligations to Pay Taxes: You shall be solely responsible for payment of any taxes (such as VAT), duties or other governmental levies or any charges or fees that may be imposed on any products or services purchased or supplied under or in connection with your Online Transactions.
7.6 Your order is an offer to the sellers you selected through the Services and Hyke platforms to buy the product(s) from them (the online transaction order). When you place an order to purchase a product through the Services and Hyke platforms, we will send you an e-mail/SMS/form of electronic message confirming receipt of your order and containing the details of your order (the "Order Receipt Confirmation E-mail/SMS"). The Order Receipt Confirmation E-mail/SMS is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract between you and the sellers of sale for a product ordered by you, when we ship the product to you and send an e-mail /SMS/ form of electronic message confirmation to you that we have shipped the product to you (the "Shipping Confirmation E-mail/SMS"). If your order is shipped in more than one shipments, you may receive a separate Shipping Confirmation E-mail/SMS for each package, and each Shipping Confirmation E-mail/SMS and corresponding shipment will conclude a separate contract of sale between you and the sellers for the product(s) specified in that Shipping Confirmation E-mail/SMS.
After delivery of the products to you, the delivery confirmation email/SMS/form of electronic message will be sent to you (the "Delivery Confirmation E-mail/SMS"). The Delivery Confirmation E-mail/SMS is an electronic proof that you have received the stock that you ordered and it is in good condition, when you receive the Delivery Confirmation E-mail/SMS it means that your order has been delivered to you.
After delivery of the products to you, the electronic invoice(s) (cash or credit) will be sent to your registered mail (the “Email Invoice”), However neither the Delivery Confirmation E-mail/SMS, nor the Email Invoice represent any evidence that Hyke or the seller received the payments of your orders from you. This will be proved only when the money for payment is physically received and deposited to the Hyke or seller account.
All of the terms and conditions in the electronic agreement referenced in this section will apply on any orders you place through the Services and Hyke platforms, in addition to the contract between you and the Seller. Your contract is with the sellers that you select to deal with them through Hyke, and Hyke is not part of this contract, and Hyke will only generate the invoices on behalf of the seller and under his name, without any liability on Hyke.
7.7 Both, Hyke and sellers only (but not the buyer) can cancel an order for a product at no cost at any time before we send the Shipping Confirmation E-mail relating to that product. Notwithstanding the foregoing, you acknowledge and agree to use the Services and Hyke platforms and engage with any other party at your own discretion, and that you will not hold Hyke and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from using the Services and Hyke platforms.
7.8 You consent to receive sales invoices electronically, and you consent that such electronic invoice has all the relevant legal effects on you. Electronic invoices will send to you on your registered mail (INVOICE E-mail), and be made available in pdf format in the Your Account area of the Services and Hyke platforms. For further information about electronic invoices and instructions on how to receive a paper copy, please refer to our help pages.
8.1 When you order from a Seller, Hyke, based on its contract with such seller may fulfill and ship your order on behalf of the seller, your return request will be sent back directly to the seller and Hyke may facilitate it, but it is not an obligation on Hyke to do this, and the seller may accept or reject your return request. While most sellers offer a returns policy and warranty, some seller returns policies and warranty may vary. You should request or view the return policy and warranty of the seller before you place any order from such party.
8.2 If a seller does not offer a return, refund or warranty option for the product (s) sold by him to you, in such case you acknowledge and agree to not hold Hyke and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from the return policy of the seller that you selected to deal with voluntary, as Hyke is not part of this transaction between you and such seller.
8.3 FMCG products are not returnable to Al-Najm Al-Raqmi. Returns are accepted only if the FMCG products are found damaged or expired before they are handed over to the buyer. No returns can be accepted for any reason after the delivery staff leaves the buyer store, and the buyer has to check the product before receiving.
8.4 Considering the above point,Only the damaged units of FMCG products will be accepted for returns. This means the damaged units shall be separated from the remaining undamaged units in the box, and the remaining undamaged units shall be accepted for delivery by the buyer (unless they are unusable as a result of the damaged units).
8.5 To submit an application for return of damaged units of FMCG products the buyer shall follow the below process
8.6 At all times the buyer must follow the required storage conditions and any restrictions in respect of the FMCG products that are mentioned on the relevant FMCG product’s box, or are otherwise required under the applicable regulations or best practice (in the absence of clear instructions or regulations). And at any case Al-Najm Al-Raqmi will not be liable for any harm caused by the buyer not following the storage requirements noted above.
9.1 Notices: any legal notice or any other notices you want to send to Hyke shall be sent to the Hyke address stated below, notices sent by other ways will not be considered, and such notice shall be deemed received 48 hours after notice received electronically, Alternatively, we will send you any legal notices or any other notices or notifications including the notification stated in Article 7 in these Terms either on the email address registered in your account or by SMS/form of electronic message to your registered mobile number, in which case the notice shall be deemed sent in the same day and time of the e-mail or the SMS/form of electronic message.
Company: Digital Distribution Software (L.L.C)
Address : Dubai, UAE, Silicon Oasis, 626 Nad Hessa, P.O.Box 9266,
Tel: +971 4 310 10 10, Fax: +971 4 310 10 20
10.1 The following terms apply to any transactions made using the credit option on Hyke, if available.
10.2 Hyke allows sellers/suppliers to offer credit facilities to buyers using the Services and Hyke platforms.
10.3 The buyer can buy products from these sellers/suppliers offering credit facilities, and convert the order amount into a credit facilities service, but only if the buyer has been accepted by such seller/supplier into their credit facilities program offered on Hyke and after the buyer has completed the process of subscription of such credit program and has been approved by the seller/supplier.
10.4 Offering credit facilities is an option and not all buyers using the Services and Hyke platforms will be admitted to such credit programs, as this is entirely based on the relevant seller/supplier approval and decision to accept or reject giving credit facilities to any specific buyer, after submission of relevant credit applications to the seller and subsequent approval by the seller as applicable.
10.5 If the seller rejects your credit application, you will continue on a cash basis for payments.
10.6 Credit facilities are offered by relevant sellers/suppliers to qualifying buyers and Hyke has no role to play in the approval, extension, pricing, modification, pre-closure, closure or any matter incidental thereto pertaining to offering of the credit , which is decided at the sole discretion of the seller.
10.7 Credit being offered by the seller to the buyer is governed by the respective terms and conditions of each seller and the buyer has to accept such terms and condition and complete the processing of subscription to the credit facilities program offered by each seller as a separate process directly with such seller/supplier.
10.8 Hyke will not open the credit facilities to any buyer, until receiving written approval from the relevant seller/supplier.
10.9 Hyke may refuse, reject to process or cancel any orders placed from the buyers on credit basis in its sole discretion, without liability for any losses or damages arising out of or in connection with such refusal, rejection or cancellation.
11.1 Depending on the location, we might use our own or third party courier services.
11.2 Delivery Time Frames are determined by the product page when orders are made. All timeframes given are estimated only; neither Hyke nor the seller is liable for any damages caused by delay in delivery or failure to deliver of any order for any reasons.
11.3 Delivery Time Frames are determined on the relevant product page when orders are made. If this is not specified on the product page, then any timeframe will be determined later upon sole discretion of Hyke.
12.1 Pricing: Prices are fixes by the seller. Neither Hyke nor any of our affiliates, licensors, subsidiaries or designees, nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, or licensors will be responsible for any compensation, reimbursement, or damages arising in connection with any matters related to the product prices stated in or on the Services and Hyke platform, as these prices are fixing by the seller. Hyke is not liable for any losses or damages arising out of or in connection with any matters related to problems with the prices of products through or on the Services and Hyke platforms.
12.2 Payments: Hyke offers the following methods of payment through and on the Services and Hyke Platform, and it is the sole discretion of Hyke to choose the relevant method of payment for any given transaction, in accordance with the contract between the seller and Hyke:
12.3 Payment Notifications: The payment notification that you receive on your device is issued automatically, and is not considered confirmation of receipt of payment. Before such confirmation, payment is subject to the verification of its collection by our cashier, regardless the method of the payment that you use. Without our cashier’s acceptance of receiving the amount, the transaction and order will be considered as not paid.
12.4 Statements of Accounts: These will be generated on a monthly basis. The buyer is bound to accept and/or provide Hyke and the seller with corrections of, the statement of account of any outstanding amounts, as sent in the email from Hyke to his registered mail (the Statement Of Account Email). If the buyer doesn’t raise any issues within 3 working days of receiving the Statement Of Account Email with comments or refusal to accept, it will be considered that the amount mentioned n in the statement of account is correct, and Hyke will consider this as acceptance from the buyer of the outstanding amounts stated in the statement of account sent to him as enclosed in the Statement of Account Email.
12.5 Credit Notes: The amount of any credit note issued to you from Hyke or the seller will be permitted only as a deduction from the total amount of your transaction related to the same credit note, or any subsequent transaction, and the amount of this credit note will not be refunded in cash under any circumstances. Hyke and the seller in their sole discretion have the full right to amend or cancel any credit note for any reason without prior notice to you.
13.1 under HFF the buyer agrees, acknowledges and allows the seller’s sales representative to place any given order on the buyer’s behalf. In this regard, if any order is placed under the name of the buyer through seller’s representative, and the buyer receives it in accordance with the process stated in these Terms, then the buyer will be fully responsible for the amount and any other obligations of in respect of such transaction, and these Terms will apply to such transaction.
By using Services and Hyke platforms, you expressly agree that use of the Services and Hyke platforms is at your sole risk. Neither the Hyke, nor its parent company, affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, Associates) warrant that use of the Services and Hyke platforms will be uninterrupted or error-free. Neither Hyke nor its Associates warrant the accuracy, integrity or completeness of the content provided on the Services and Hyke platforms or the products or services offered for sale through the Services and Hyke platforms. No oral or written information given by Hyke or its Associates shall create a warranty.
Under no circumstances shall Hyke or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of, or inability to use, the Services and Hyke platforms including but not limited to reliance by you on any information obtained from the Services and Hyke platforms that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, cancellations of orders, delivery delays, or any failure of performance by Hyke or the Services and Hyke platforms of any kind. This Limitation of Liability shall apply in any action, whether in contract or any other claim, even if an authorized representative of Hyke has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and the Services and Hyke platforms.
15.1 These Terms are governed by and construed in accordance with the laws and regulations of Emirate of Dubai - United Arab Emirates. If any dispute, claim, difference or controversy arising out of, relating to or having any connection with these terms, including as it may relate in any way to your use of any Services and Hyke platforms, or to any products or services sold or distributed through the Services and Hyke platforms, or the existence, validity, interpretation, performance, breach or termination and/or any dispute relating to any non-contractual obligations arising out of or in connection with them (for the purpose of this section, a “Dispute”) Dubai Courts will have an exclusive jurisdiction to settle any such Dispute. For the purposes of this section, you waive any objection on the jurisdiction of Dubai courts.
15.2 DISPUTES BETWEEN BUYER AND SELLER: IN CASE A DISPUTE ARISES BETWEEN BUYER AND SELLER, IF THE DISPUTE IS NOT RESOLVED THROUGH AMICABLE NEGOTIATION IN 15 WORKING DAYS, YOU AGREE TO SUBMIT THE DISPUTE TO HYKE TO TRY TO SOLVE THE DISBUTE, IF HYKE FAILED TO SOLVE IT, EACH PARTY HAS THE RIGHT TO REGISTER A DISPUTE BEFORE THE COMPETENT COURT, ANA AS STATED IN CLAUSE 15.1, HYKE IS NOT PARTY OF ANY DISPUTE ARISING BETWEEN THE BUYER AND SELLER IN REGARD OF ANY TRANSACTION BETWWEN BUER AND SELLER
16.1 Severance: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
16.2 Independent Contractor: No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
16.3 No Waiver: Any failure by Hyke and our affiliates to exercise any of our rights under these Terms shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach. A waiver shall be effective only if made in writing.
16.4 Assignment: Hyke shall have the right to assign this Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in this Agreement) to any of our affiliates, to any successor in interest and to any third party. Hyke may delegate certain of Hyke rights and responsibilities under these Terms to independent contractors or other third parties. You may not assign, in whole or part, these Terms to any person or entity.
16.5 If the agreements addressed under these Terms are terminated or suspended for any reasons stated herein or for any other reasons, then the buyer and the seller shall clear any respective pending amounts or obligations arising up to last date before such termination or suspension.
16.6 The authorized person who registers the business of the buyer on the Services and Hyke platforms, and whose identification document is attached with the registration documents, hereby jointly and/or severally guarantees the full payment of any amounts against any online transaction that has taken place under the account of the company that registered by him or under any sub account created by him under such company account, and its invoices on its due date. Hyke and the seller shall have the right to take all legal proceeding necessary to collect such amounts without any prior notice and with full recourse to such authorized party, the company , and /or the establishments jointly and severally, for all charges, expenses and related court and attorney fees resulting from.
We at Hyke ("we", "us") recognize the importance of privacy and confidentiality of personal and business information.
Hyke is a business-to-business platform (the "Platform") which connects and facilitates sales and purchases of products and/or services between suppliers ("Sellers") and buyers ("Buyers"). The Platform is for business to business transactions and therefore is only made available for use by businesses and not for individual or personal use.
The personal and business information that we may collect about you falls into the following categories:
A.1 Information you provide to us
If you are a representative or employee of any Buyer or Seller (or a sole trader Buyer or Seller):
Information you submit to Hyke may be made publicly available on the Platform and therefore accessible by any internet and platform user.
A.2 Information that we collect automatically
A.3 Information that we receive from third parties
We collect and use your personal and business information for the following purposes:
We may disclose (or provide access to) personal and business information to the following categories of recipients:
1. Other Platform users where necessary in connection with the facilitation of purchases and communications made between you and the other users;
3. To our professional advisers, law enforcement agencies, insurers, government and regulatory and other organizations where we believe it is necessary to comply with applicable laws or to exercise, establish or defend our legal rights or protect your vital interests or those of any other person, we may also disclose and transfer your personal and business information or as otherwise required or permitted by applicable laws;
6. To any other person with your consent to the disclosure.
7. Storage of Your Personal Data: We store and process your personal and business data (if any) on third-party servers (“Hosting Providers”), including email hosting service providers, analytics providers or others. Those third-party servers are protected by physical as well as technological security devices. By using our services, you give us consent to store, process and transfer your personal data (if any) outside of your country of residence to the countries where our Hosting Providers are located.
We may provide aggregated or anonymized data to third parties, but when we do so, the information we share is in a de-identified format that does not personally identify you or your business.
We retain your personal and business information as long as we have an ongoing legitimate business need to do so. When we have no ongoing legitimate business need to process your personal or business information, we will either delete or anonymize it or, if this is not possible (for example, because your personal and business information has been stored in backup archives), then we will securely store your personal and business information and isolate it from any further processing until deletion is possible.
E. COOKIES (for websites users only)
E.1 What are cookies?
A cookie is a small amount of data that we transfer to your browser and store on the hard drive of your computer, tablet, or mobile device to enable our systems to recognize your device and to provide features that are recommended for you, personalized advertisements on other Web sites, and storage of items in your Shopping Cart between visits. If you do not de-activate or erase the cookie, each time you use the same browser or mobile device to access the Platform, our web servers will be notified of your visit to the Platform and in turn we may have knowledge of your visit and the pattern of your usage.
Cookies set by the website or app owner (in this case, Hyke) are called "first party cookies". Cookies set by parties other than the website owner are called "third party cookies". Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognize your device both when it visits the website in question and also when it visits certain other websites.
E.3 What about other tracking technologies, like web beacons?
Cookies are not the only way to recognise or track visitors to our Platform. We may use other, similar technologies from time to time, like web beacons (sometimes called "tracking pixels" or "clear gifs"). These are tiny graphics files that contain a unique identifier that enable us to recognise when someone has visited our Platform or opened an e-mail that we have sent them. This allows us, for example, to monitor the traffic patterns of users from one page within our Platform to another, to deliver or communicate with cookies, to understand whether you have come to our Platform from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of e-mail marketing campaigns. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.
E.4 How can I control cookies?
You have the right to decide whether to accept or reject cookies. If you choose to set your web browser controls to reject cookies, you may still use our website though your access to some functionality and other areas of our Platform may be restricted. Certain features of the Platform depend on cookies. Please be aware that if you choose to block cookies, you may not be able to sign in or use those features, and preferences that are dependent on cookies may be lost.
F. SECURITY MEASURES
We employ commercially reasonable security methods to prevent unauthorized access to the Platform, to maintain data accuracy and to ensure the correct use of the information we hold.
For registered users, some of your information can be viewed and edited through your account, which is protected by a password. We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. If you share a computer or/and devices with others, you should not choose to save your log-in information (e.g., user ID and password) on that shared computer or/and devices. Remember to sign out of your account and close your browser window when you have finished your session.
No data transmission over the internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect the information we hold for you, we cannot guarantee the security of any information you transmit to us and you do so at your own risk.
H. HOW TO CONTACT US
DIGITAL DISTRIBUTION SOFTWARE L.L.C