Introduction and General Conditions
Welcome to Khodarji & More. These are the terms and conditions governing your access to and use of the website Khodarji & More and its related sub-domains, sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with the IP owner "KHODARJI ENTERPRISES S.P.C" ("we", "us" or "Khodarji & More") in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
Eligibility for Membership
Khodarji & More wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of Khodarji & More under this User Agreement or at law, Khodarji & More reserves the right to immediately withdraw access to the Site or the membership of any person if Khodarji & More believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by Khodarji & More. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading.
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
On becoming a member of the Site, you agree:
You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept full responsibility for all activities that occur under your account and password. You agree to immediately notify Khodarji & More of any unauthorised use of your password or account or any other breach of security. In no event will Khodarji & More be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse Khodarji & More for any improper, unauthorised or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorised such access.
You will provide true, accurate, current and complete information about yourself as prompted by Khodarji & More's registration form (the "Registration Data"). You will not include:
- Any of your contact details, including but not limited to email addresses, telephone numbers or other personal details; or (ii) the word "Khodarji" in your registration user ID.
- Your store name shall not include the word "Khodarji" or its logo.
- You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Khodarji & More has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of Khodarji & More under this User Agreement or at law, Khodarji & More has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
Khodarji & More may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to Khodarji & More upon such requests. You acknowledge and agree that if you do not, Khodarji & More without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Khodarji & More will send you promotional emails to let you know about any new changes, features or promotional activities added to the Site based on your agreement during the registration process to . If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
Amendments to this User Agreement
You acknowledge and agree that Khodarji & More shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment"). You acknowledge and agree that Khodarji & More at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
Your Information and Transactions Details
Use of the Site
While using the Site, you will not:
- Take any action that may undermine the secrecy of the Site's information and data (including but not limited to the display, import or export of information off the Site or use of such information for purposes unrelated to Khodarji & More);
- Transfer your Site account (including feedback) and username to another party without our consent;
- Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- Distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site's users. Who is found responsble for this action will be fully responsibile for any tangible and intangible dagames without any liabilities by Khodarji and More.
- Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Interfere or attempt to interfere with the proper working of the Site;
- Attempt to take over another user's account or carry out any hacking or phishing of the Site or user accounts and related features;
- Export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
- Copy, modify, or distribute any content from the Site or otherwise infringe the Site's copyright material and/or trademarks in any way;
- Violate any laws, rules, regulations, guidelines, third party rights or our policies;
- Abuse Khodarji & More's Shipping Policy, Listing Policy, or any of Khodarji & More's other policies or terms and conditions posted on the Site from time to time;
You undertake, represent and warrant that:
- You are 18 years of age or over the age of 18 years;
- If you are a corporate representative, you have authority to bind the corporate entity;
- You shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Site;
- You will not disclose your contact details including but not limited to phone numbers, addresses, or email addresses in the bidding, buying or listing processes, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature of the Site intended to bypass use of Khodarji & More;
- You will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information;
- You will not disclose or publicise any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws.
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either Khodarji & More, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of Khodarji & More and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
"Khodarji & More" and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of Khodarji & More and are protected by international trademark and other intellectual property rights and laws. Khodarji & More's trademarks may not be used in connection with any product or service that is not Khodarji & More's nor in any manner that disparages or discredits Khodarji & More. All other trademarks not owned by Khodarji & More that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Khodarji & More.
Abusing Khodarji & More
Please report problems of any kind or violations of this User Agreement to Khodarji & More. Without prejudice to any other rights and remedies of Khodarji & More under this User Agreement or at law, Khodarji & More may limit, suspend or withdraw a user's access to the Site and/or a user's membership of the Site or remove hosted content. Also Khodarji & More can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
Breach of User Agreement
Without prejudice to any other rights and remedies of Khodarji & More under this User Agreement or at law or otherwise, Khodarji & More may immediately and without liability temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site, in case of:
- If you breach this User Agreement;
- If Khodarji & More is unable to verify or authenticate any information you provide;
- If Khodarji & More believes (in its sole discretion) that your actions may cause legal liability for you, other users or Khodarji & More;
- Khodarji & More may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with Khodarji & More or use the Site in any manner whatsoever until such time that such user is reinstated by Khodarji & More. Notwithstanding the foregoing, if you breach this User Agreement Khodarji & More reserves the right to recover any amounts due and owing by you to Khodarji & More or any losses and damages caused by you to Khodarji & More and to take such steps including legal action and/or the initiation of criminal proceedings against you before the comptent courts in the Kingdom of Saudi Arabia as Khodarji & More in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others, including breach of the User Agreement, does not constitute a waiver of Khodarji & More's right to take any actions with respect to that, or subsequent or similar breaches.
- You agree not to test the Site with false bids or purchases, nor to use a false name, other false personal information or use an unauthorised or known invalid credit card to bid or purchase. Without prejudice to the rights and remedies available to Khodarji & More under this User Agreement or at law, Khodarji & More may take such steps as it deems appropriate or necessary including taking legal action against users who intentionally enter erroneous, fictitious or fraudulent Bids or Purchases. Please be aware that even if you do not give Khodarji & More your real name, your web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
Khodarji & More encourages buyers on the Site to provide feedback after a transaction has closed. Your feedback will be displayed along with your user ID on the Site. You cannot retract the feedback once you have left it. Khodarji & More will not be responsible or liable in any way for the feedback that you post on the Site. You agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. You further agree not to post feedback in order to solicit sales outside of the Site and not to display contact information of any person within any feedback. If you send negative feedback, without prejudice to any other rights and remedies of Khodarji & More under this User Agreement or at law, Khodarji & More reserves the right to suspend, limit or withdraw your access to the Site and/or your membership of the Site.
Withdrawal of Access and/or Membership
Without prejudice to any other rights and remedies of Khodarji & More under this User Agreement or at law or otherwise, Khodarji & More may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
Limitation of Liabilities
To the extent permitted by law, Khodarji & More, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other tangible and intangible losses and damages of whatsoever arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not Khodarji & More has been advised of the possibility of such losses or damages). If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorised use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to Khodarji & More and Khodarji & More shall treat any such unauthorised use as subject to the terms and conditions of this User Agreement.
You agree to indemnify and hold Khodarji & More and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
Relationship and Notice
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and Khodarji & More and you shall have no authority to bind Khodarji & More in any manner whatsoever. Any notices to Khodarji & More from you shall be given by you by email to Khodarji & More at info.riyadh@Khodarji.com with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt by a return email by Khodarji & More. Any notices to you from Khodarji & More shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.
Governing Laws and Jurisdiction
Transfer of Rights and Obligations
You hereby grant Khodarji & More the right to, and irrevocably acknowledge and agree that Khodarji & More may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates or a third party without requiring your further specific agreement. Khodarji & More agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of Khodarji & More, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of Khodarji & More.