Terms of use
WELCOME TO SAMAN!
PLEASE READ THIS IMPORTANT LEGAL INFORMATION THAT GOVERNS YOUR USE OF
THE WELCOME TO SAMAN!
PLEASE READ THIS IMPORTANT LEGAL INFORMATION THAT GOVERNS YOUR USE OF
THE SAMAN.AE WEBSITE AND THE SERVICES.
24th
of September, 2020
By
using http://www.saman.ae or the saman mobile
application of the online platform (collectively, the “ Website ”), you confirm that you have
read, understood and accept these terms of use (“ Terms ”) as the terms which
govern your access to and use of the Website and the Service and you agree to
comply with them. If you do not accept or agree to comply with these Terms, you
must not use this Website. Additionally, when using a portion of the Service,
you agree to conform to any applicable posted guidelines for such Service,
which may change or be updated from time to time at our sole discretion.
These
Terms are made between saman (“ we ” “ us ” “ our ”, the “ Company ”, as applicable) and you (“ you ” or the “ User ”). If you are a company
advertising on our Website, you will be required to enter into additional terms
and conditions set out in our Advertising Agreement, however, please note that
these Terms will still apply and must be read in conjunction with any other
agreement you enter into with the Company.
1. Definitions
The
following capitalised terms shall have the following meaning, except where the
context otherwise requires:
1. “ Advertising Agreement ” – an agreement for the
provision of advertising services or products entered into between the Company
and the Client.
2. “ Ad Services Package ” – the bundle of advertising
product or service which the Company agrees to provide to the Customer, as set
out in the relevant order form provided by the Company and signed by the Client
to order the Ad Services Package pursuant to these Terms and the terms of the
Advertising Agreement.
3. “ Client ” – the client entity that is
party to the Advertising Agreement.
4. “ Customer ” – any customer of the Client.
5. “ saman” - saman Middle East FZ LLC which is the owner of www.saman.ae.
6. “ Effective Date ” – the date set out at the top
of these Terms.
7. “ Intellectual Property Rights ” – all intellectual property, including patents, trade marks,
rights in goodwill, database rights and rights in data, rights in designs,
copyrights and topography rights (whether or not any of these rights are
registered, and including applications and the right to apply for registration
of any such rights) and all inventions, rights in know-how, trade secrets and
confidential information, customer and supplier lists and other proprietary
knowledge and information and all rights under licences and consents in
relation to any such rights and all rights and forms of protection of a similar
nature or having equivalent or similar effect to any of these which may subsist
anywhere in the world for their full term, including any renewals and
extensions.
8. “ Material ” – material and content
published on the Website or otherwise provided by the Company in connection
with the Service.
9. “ Privacy Policy ” – the privacy policy of the
Company from time to time.
10. “ Product ” – an online classifieds
advertising platform provided on the Website and the Ad Services Package.
11. “ Posting Agents ” - a third-party agent,
service or intermediary that offers to post Material to the Service on behalf
of others.
12. “ Registration Details ” - the details a User must
provide upon registering for the Website from time to time (for example: name,
phone numbers, email address, age and/or address).
13. “ Service ” – the provision of the Website
and the Product.
14. “ Unacceptable ” – any material or information
uploaded to or made available on the Website which under the law of any
jurisdiction from which the Website may be accessed may be considered:
1. illegal, illicit, indecent, obscene, racist,
offensive, pornographic, paedophilic, insulting, false, unreliable, misleading,
harmful or potentially harmful to minors, threatening, libellous, alleged to be
or actually defamatory or in infringement of third party rights (of whatever
nature and including, without limitation, any Intellectual Property Rights),
invasive of another’s privacy or other rights, to relate to or encourage money
laundering or illegal gambling;
2. in breach of any applicable regulations,
standards or codes of practice (notwithstanding that compliance may not be
compulsory);
3. in contravention of legislation, including
without limitation, that relating to weapons, animals or alcohol; or
4. harmful to the Company’s reputation.
18. “ User Material ” – material and content posted
on the Website by a User or otherwise provided to the saman Group by a
User in connection with the Website or the Service.
2. General Terms and Conditions Which Apply to
Users
1. In registering for this Website, the User must
provide true, accurate, current and complete Registration Details which the
User must update after any changes (except age) before using the Website for
further services in the future.
2. The User hereby agrees and acknowledges that
the Website may contain adverts placed by advertisers or companies in the
course of business for goods or services (and which the Company takes no
responsibility for). Advertisers or companies using the Website or the Service
to place adverts offering goods or services of a business, commercial or trade
nature must include their full names in the advert and make it clear that they
are selling goods or services in the course of business either by the content, format,
size or place of the advertisement or by including words such as “trade”,
“dealer”, “agent”, “wholesale” or similar in the name of the advert they submit
for publication.
3. The User hereby warrants and represents to the
Company that it is at least eighteen years of age and legally able to enter
into contracts.
4. The Company reserves the discretion to
withdraw any Material or User Material from the Website without prior notice
and to refuse any User Material posted or provided to the Company by a User.
5. The User’s Registration Details and data
relating to its use of the Website will be recorded by the Company but this
information shall not be disclosed to third parties (otherwise than on an
aggregated, anonymous basis, or in accordance with the Privacy Policy or in
accordance with Clause 2.6 below) nor used for any purpose unrelated to the
Website. By agreeing to the terms, you expressly give us permission to verify
the authenticity of your details by calling you on the phone number submitted
to us. The call may be recorded for quality assurance.
6. The User hereby authorises the Company to use
any information which it submits to the Website to inform the User of special
offers, occasional third party offers and for other marketing and related
purposes. Without prejudice to Clause 2.5 above, the Company will not use User
data for any other purposes than as set out in these Terms except that the
Company may disclose this data if compelled to do so by law, or at the request
of a law enforcement agency or governmental authority.
7. If the User does not wish the Company to use
its information as set out in Clause 2.6 above, it should leave the Website
before submitting its personal details.
8. If the User does not want the Company to use
its email address or SMS/mobile number to send information concerning the
Website and related matters, the User should send an email message to legal@saman.ae and insert unsubscribe as the subject heading of such
message.
9. You must keep confidential any user
identification and password details set-up or given to you as part of our
security procedures and must not disclose them to any third party.
10. The Company reserves the right to suspend or
terminate a User’s account where, in its absolute discretion, it deems the User
has breached these terms or deems such suspension or termination is otherwise
appropriate. In the event of such suspension or termination, the Company will
notify the User by email and the User must not seek to re-register on any
Website either directly or indirectly through a related entity. The Company’s
rights under this Clause 2.10 shall not prejudice any other right or remedy the
Company may have in respect of any breach, or any rights, obligations or
liabilities accrued prior to such suspension or termination.
11. For the avoidance of doubt, the Company is
providing a service not goods.
12. <