1.1 "hmooz" is the brand name of sarl hmooz.
Each hmooz ("hmooz" or "we") operates an e-commerce platform consisting of a website and mobile application (the "Marketplace") and IT logistics support and payment infrastructure for the sale and purchase of products and services ("Products").
in its designated territory as defined in Schedule 1 (the "Territory").
1.2 These Terms and Conditions apply to buyers and sellers of the Marketplace and govern your use of the Marketplace and related services.
1.3 By using our marketplace, you agree to these terms and conditions and other additional terms and policies in their entirety.if you do not agree to these terms terms or any part of these terms and conditions, you may not use our marketplace
1.4 If you use our marketplace for a business or other organizational project. Then you do the following:
2.1 You may not register on our Marketplace if you are under 18 years of age (using our Marketplace or accepting these Terms terms and conditions, you warrant and represent to us that you are at least 18 years of age).
2.2 If you create an account on our marketplace. Accept
3.1 You acknowledge and agree to the following:
3.2 Subject to these Terms and Conditions, Seller's Terms of Trade govern the contract of sale and purchase between Buyer and Seller. Nevertheless, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:
4.1 Product returns are handled by buyers and sellers accept returned products in accordance with the marketplace returns page, which may be amended from time to time. Acceptance of returns is subject to our discretion to comply with applicable laws in your jurisdiction.
4.2 Refunds for returned products are administered in accordance with the Marketplace Refunds page as may be amended from time to time. Our rules regarding refunds will be exercised at our discretion in accordance with applicable laws in the jurisdiction. We may offer refunds at our discretion:
4.3 Returns are accepted and refunds are issued by hmooz on behalf of or on behalf of the seller.
Refunds for these products for any other reason are subject to the seller's terms and conditions of sale
4.4 Changes to our return page or refund page will apply to all purchases made from the date the modification is published on our website.
5.1 You must make payments due under these Terms and Conditions in accordance with Payment Information and Marketplace Guidelines.
6.1 Store Credits may be earned and administered subject to the Terms and Conditions of the Store, as may be amended from time to time.
hmooz reserves the right to cancel or withdraw hmooz rewards for any reason.
You may review the Rewards Points Balance Terms and Conditions page on our website for your assessment, including whether we suspect fraud or manipulation.
7.1 Promotions and contests run by and/or hmooz and other promoters are run in accordance with the terms and conditions of the promotions.
You can consult the terms and conditions of each promotion on our website
8.1 In these terms and conditions, your content and means
8.2 Your content should be appropriate, courteous, in good taste and conform to generally accepted standards of decency and behavior on the Internet, and should not:
8.3 Your content must not be illegal or unlawful, infringe any person's legal rights, or otherwise give rise to legal action against any person (in each case, in any jurisdiction and under any applicable law). Your content must not infringe or violate:
8.4 You must not interfere with the transaction by
8.5 Your Content and our use of your Content under these Terms and Conditions must be accurate, complete and truthful
8.6 You must not use our marketplace to link to any website or web page consisting of or containing material that would otherwise published on our marketplace in violation of the provisions of these terms and conditions.
8.7 You must not submit to our marketplace any material that is or has ever been the subject of a threat of legal action or other similar complaint.
8.8 You acknowledge that all Marketplace users are solely responsible for their interactions with other users and that you should exercise care and discretion in your communication with users. You cannot send them any personal information, including your credit card details.
8.9 We may periodically review your content and reserve the right to remove any content at our discretion for any reason.
8.10 If you are aware of any illegal material or activity on our Marketplace or any material or activity that violates these Terms general, you can inform us by contacting us as provided in the section
9.1 You grant us an irrevocable, non-exclusive, royalty-free, worldwide license to use the Store to reproduce, publish, translate and distribute Your Content in our marketplace and through our marketing channels and any current or future media.
9.2 You grant us the right to sublicense the rights licensed under Section 9.1
9.3 You grant us the right to bring an action for infringement of the rights licensed under Section 9.1
9.4 You hereby waive all of your moral rights in and to the Content to the fullest extent permitted by applicable law; You warrant and represent that all other moral rights in Your Content have been waived to the fullest extent permitted by applicable law.
9.5 Without prejudice to our other rights under these terms and conditions, if you have breached our content rules in any way or if we reasonably suspect that you have violated our content guidelines. We may remove, unpublish, or edit any or all of your content.
10.1 In this Section 10, the words "marketplace" and website are used interchangeably to refer to the websites and mobile applications of hmooz.
10.2 You could:
10.3 Except as expressly permitted in Section 10.2 or the other provisions of these Terms and Conditions, you must not download any material from our website or app online or save any of This Material on your computer.
10.4 You may only use our website or application for personal and commercial purposes in connection with the sale or purchase of products on the market.
10.5 Except as expressly permitted by these Terms and Conditions, you must not edit or modify any part of our website or app.
10.6 Unless you own or control the relevant rights in the Material, you must not:
10.7 Notwithstanding section 10.6, you may transfer links to products on our website and redistribute our newsletters and promotional materials in printed and electronic form to anyone.
10.8 We reserve the right to suspend or limit access to our website or application to areas of our website or our app and/or the functionality of our website or app. We may, for example, suspend access to the Website or Application during server maintenance or when we update the Website or Application. You must not circumvent, circumvent or attempt to circumvent or circumvent any access restrictions on the Site.
10.9 you must not:
11.1 Subject to the express provisions of these Terms and Conditions:
11.2 the hmooz logos and our other registered and unregistered marks are our trademarks; We do not grant any permission to use these marks and such use may violate our rights.
11.3 Registered and unregistered third-party trademarks or service marks on our site are the property of their respective owners and we do not endorse or are affiliated with one of the owners of any of these rights, and therefore we cannot grant any license to exercise these rights.
12.1 Buyers agree to the processing of their personal data in accordance with the Privacy and Cookies Policy.
12.2 hmooz will process all personal data obtained through the Marketplace and related services in accordance with our Terms and Conditions, Cookies and Privacy Policy.
12.3 Sellers are directly responsible to buyers for any misuse of their personal data and hmooz has no liability to buyers for any misuse by sellers of their personal data.
13.1 We operate an anti-fraud and anti-money laundering compliance program and reserve the right to perform due diligence checks on all market users.
13.2 You agree to provide us with all documentation and access to your premises that we may require:
14.1 You acknowledge that:
14.2 We are committed to ensuring that hmooz sellers or third parties, as applicable, provide information regarding their products to the marketplace that is accurate, fully up-to-date and accordingly:
14.3 We do not warrant or warrant that the marketplace will operate error free; or that the Market or any Market Service will remain available during events beyond hmooz's control ("Force Majeure Events"), including without limitation; earthquake, flood, drought or other acts of God; Viruses, malware or other malicious software attacks enter the Marketplace; terrorist attacks, civil war, civil unrest or riots; threat of war or preparation for war; epidemics or epidemics; or unconstitutional events or conditions that materially and adversely affect the political or macroeconomic stability of the territory as a whole.
14.4 We reserve the right to discontinue or modify any or all of our marketplace services and to stop publishing our marketplace at any time, in our sole discretion and without notice or explanation; You will not be entitled to any compensation or other payment if any of the Marketplace Services are discontinued or modified or if we stop publishing Marketplace. This is without prejudice to your rights in respect of any unfulfilled orders or any other obligations you may have on hmooz.
14.5 If we discontinue or modify all or part of our marketplace in circumstances unrelated to force majeure, we will give buyers and to sellers no less than fifteen (15 days notice. ) days with clear instructions on how to proceed with pending transactions or other current liabilities of hmooz.
14.6 We do not guarantee any commercial results related to the use of the marketplace.
14.7 To the fullest extent permitted by applicable law and subject to Section 15.1 below, we exclude all representations and warranties relating to the subject of these general conditions and the use of our marketplace.
15.1 Nothing in these terms and conditions shall be:
15.2 The limitations and exclusions of liability set out in this Section 15 and elsewhere in these Terms and Conditions:
15.3 In respect of the Services provided to you free of charge, we shall not be liable to you for any loss or damage of any kind .
15.4 Our aggregate liability to you under any contract for the provision of Services under these Terms and Conditions shall not exceed the total amount paid and payable to us under the contract. Each separate market transaction constitutes a separate contract for the purposes of this Section 15.
15.5 Notwithstanding Section 15.4 above, we shall not be liable to you for any loss or damage of any kind whatsoever, including relationship to the following:
15.6 We acknowledge that we have an interest in limiting the personal liability of our officers and employees and with that interest in mind, you acknowledge that we are a limited liability entity; You agree not to bring any personal claim against our officers or employees in respect of losses suffered by you in connection with the Marketplace or these terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
15.7 Our Marketplace contains hyperlinks to other websites owned and operated by third parties; These hyperlinks are not recommendations. We have no control over third party websites and their content and accept no responsibility for them or for any loss or damage that may arise from your use of them.
16.1 You hereby indemnify and agree to indemnify us for:
17.1 If we allow an account to be registered on our marketplace, it will remain open indefinitely in accordance with these Terms and Conditions.
17.2 If you breach these Terms and Conditions or we reasonably suspect that you have breached these Terms and Conditions or any policies or guidelines in any way either, we can:
17.3 When we suspend or block your access to our Marketplace or any part of our Marketplace, you must not take any action to circumvent such suspension, ban or prohibition (including, but not limited to, creating and/or using a different account).
18.1 These Terms and Conditions and our Policies and Guidelines (and, with respect to Sellers, the Seller Terms and Conditions) constitute the entire agreement between you and us in relation to your use of our marketplace and supersede all prior agreements between you and us in relation to your use of our marketplace.
19.1 In the event of any conflict between these Terms and Conditions and Seller's Terms and Conditions and hmooz's Policies and Guidelines, Seller's Terms and Conditions and hmooz's policies and guidelines in the order mentioned herein shall prevail.
20.1 We may revise these Terms and Conditions, the Seller Terms and Conditions, and hmooz's policies and guidelines from time to time.
20.2 The amended terms and conditions apply from the date of publication on the market.
21.1 No waiver of any breach of any provision of these Terms and Conditions shall be construed as a further or continuing waiver of any further breach of that provision. or any breach of any other provision of these Terms and Conditions.
22.1 If any provision of these Terms and Conditions is found to be unlawful and/or unenforceable by a court or other competent authority, the provisions shall continue to remain valid.
22.2 If any unlawful and/or unenforceable provision of these Terms and Conditions would be lawful or enforceable if any part of it were deleted, then it will be This part and the rest of the provision will survive.
23.1 You hereby agree that we may sub-contract or otherwise administer our rights and/or obligations under these Terms and Conditions.
23.2 You may not assign a subcontract of carriage or deal with any of your rights and/or obligations under these terms and conditions without our prior written consent.
24.1 The contract under these terms and conditions is for our and your benefit and is not intended to benefit or be enforceable by any Third party.
24.2 The exercise of the parties' rights under a contract under these Terms and Conditions is not subject to the consent of any Third Party .
25.1 The prices for using the Services are not fixed and may change subject to 30 days prior notification to the User. Such notice may be given at any time by posting the changes on or in the Website/App or through official social media accounts by means of an announcement.
25.2 reserves the right at any time and from time to time to modify or discontinue the Service (or any part thereof ) with or without notice.
25.3 shall not be liable to the User or to any third party for any modification, price change, suspension or discontinuance of the Service.
26.1 In addition to these Terms, User agrees to be bound by additional Terms of Service that apply to Services purchased by or provided by you by partners or other third parties.
26.2 The Company may from time to time promote or provide User with software, applications, products, services or links to websites (or "Third Party Services") through the website/app or apply directly. These Third Party Services are offered solely as a convenience to Customer, and purchase, access or use of any Third Party Services is solely between Customer and the official third party service provider (“Third Party Provider”). Any use of third-party services offered through the Services or the Website/Application is at the user's own risk and it is their responsibility to read the terms and conditions and privacy policies applicable to third-party services before use them.
26.3 There are no guarantees regarding third-party services. User acknowledges that User has no control over such Third Party Services and shall not be liable to anyone associated with such Third Party Services. The provision of third-party services on any website or application, and the integration or activation of services and linking to third-party services does not constitute an endorsement, license, sponsorship or affiliation with the third-party service provider. . It confirms that the user seeks advice from specialists before using or resorting to third-party services to ensure that their needs are met.
26.4 If User installs or activates a third party service for use with the Services, User authorizes the applicable third party to access Data from the User and to take any other action necessary to activate the Third Party Service with the Services and any exchange of data or other interaction between the User and the Third Party is an interaction that remains between them. You are not responsible for any disclosure, modification or deletion of user data and store content and for any loss or damage you may suffer as a result of any third party or supplier accessing it. third-party services to your data or store content.
26.5 In no event shall you be liable for any direct, indirect, incidental, special, consequential, punitive, exceptional, or other damages arising out of any third party services or your contractual relationship with a third-party provider. this limitation shall apply even if advised of the possibility of such damages. the above limitations apply to the fullest extent permitted by applicable law and order.
26.6 You agree to indemnify hmooz, its affiliates, partners, employees, directors, agents and suppliers from and against all claims, including fees attorney-at-law, arising from your use of a third party. Service or user relationship with a third-party provider.
27.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the Territory.
27.2 Any dispute relating to these terms and conditions shall be subject to the exclusive jurisdiction of the provincial courts.
28.1 You can contact us using the contact details set out in Annex 1.
28.2 You may contact our sellers for any after-sales inquiries, including any disputes, by requesting their contact details from hmooz in accordance with the Dispute Resolution Policy. disputes and under hmooz is committed to ensuring that the seller is clearly identifiable.
28.3 You agree to receive electronic notifications from us. We may provide all communications and information relating to your use of the Marketplace in electronic form either by posting it on our website or app or by email to the email address provided in your account. All such communications will be considered written notices and will be duly received and transmitted by you.