TERMS OF SERVICE POLICY
Updated on 15-Nov-2020
INTRODUCTION
We set out the terms of service policy on which products are supplied to you as a buyer on www.Swish.qa or on our mobile application (together defined as the “Site”). The owner and operator of the Site is Arita Solutions WLL limited liability company registered in the State of Qatar, with it’s registered office located at Doha.
Please read all the policy documents in this site carefully before you submit your order via the Site. By placing an order on the Site, you are agreeing to be bound by these Terms and policies with immediate effect. You agree to use Swish.qa website (the "Website") only for purposes that are permitted by these Terms & Policies and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree that you will not access or attempt to access the Website other than through the interface that is provided by Swish.qa, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of Swish.qa
You specifically agree not to access or attempt to access the Website, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers. You agree that you will not engage in any activity that disrupts or otherwise interferes with the Website (or the servers and networks which are connected to the Website). You agree that you will not duplicate, reproduce, copy, sell, trade or resell the Website for any purpose.
You agree that you are solely responsible for any breach of your obligations under this Terms & Policies and for the consequences (including any loss or damage which Swish.qa may suffer) of any such breach.
OVERVIEW
Swish.qa offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to the website following the posting of any changes constitutes your acceptance of those changes.
INTELLECTUAL PROPERTY
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively "Content") is owned or licensed property of Swish.qa or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Swish.qa and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you have attained the age of majority as per the laws in the State of Qatar. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any law (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
LIMITATION OF LIABILITY
In no event shall Swish.qa (each of our Respective Officers, Directors, Employees, Agents, Shareholders, Retail Partners, Licensors, and Logistics) be liable to you for any incidental, special , punitive, consequential, or indirect damages ( including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the services, service interruptions, or for the cost of procurement of substitute services). Arising out of our in connection with the services , or these terms, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages.
We will not be liable for any indirect, special, punitive, incidental, exemplary, and or consequential damages (including, but not limited to physical damages, bodily, injury, death, and or emotional distress and discomfort) Arising out of your use of the services, any services provided by personal shoppers or third party providers, or any products requested by you or delivered to you, even if we or our agents or representatives know or have been advised of the possibility of such damages. This provision applies to the maximum extent permitted by applicable.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that, we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, your email address and contact number(s), so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
ERRORS AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. We reserve the right to change, modify, substitute, suspend or remove without notice any Services, information or listings of Goods on the Swish.qa platform or forming part of the Services from time to time. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose (b) to solicit others to perform or participate in any unlawful acts (c) to violate any international or state regulations, rules, laws, or local ordinances(QATAR) (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability (f) to submit false or misleading information (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet (h) to collect or track the personal information of others (i) to spam, phish, pharm, pretext, spider, crawl, or scrape (j) for any obscene or immoral purpose or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SUSPENSION AND TERMINATION
Suspension: If you use (or anyone other than you, with your permission uses) the Swish.qa in contravention of the Agreement, we may suspend your use of the Services and/or Site (in whole or in part). If we do this, we may refuse to restore the Swish.qa until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of the Agreement, or indeed we may refuse to restore the Services or Sites at all. We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of the Agreement. Our right to terminate the Agreement shall not affect any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities which have come about before termination.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The guarantee and warrantee of the products displayed in our E-commerce website shall be the offer from the seller of each product. We will take every step to provide uninterrupted, timely, secure or error-free e-commerce website service. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall SWISH.QA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless SWISH.QA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensees, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of State of Qatar.
CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
THESE STANDARD TERMS ("TERMS OF SERVICE") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT. THESE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
CONTACT US
If you have questions, or if you would like to know more about the terms and conditions, please contact us by e‑mail at info@Swish.qa