Welcome to the www.clasycare.com.sa website (the “Site”).
These Terms of Use and all policies and additional terms (if applicable) posted on the Site set out the terms on which we offer you access to and use of the Site, Services and Applications, including our mobile application (collectively, the “Services”). You can find all policies and additional terms here www.clasycare.com.sa (“Legal Documents”). These Legal Documents are incorporated by reference into these Terms of Use.
By accessing and/or registering and/or continuing to use or access the Services, you agree to be bound by these Terms of Use and the Legal Documents with immediate effect.
These Terms of Use and the Legal Documents are subject to change by us at any time. Your continued use of the Site following the posting of any change constitutes your acceptance of these Terms of Use and the Legal Documents as amended.
This Site is an e-commerce platform that allows business users to display and sell products, and allows businesses and individuals to purchase a variety of products.
We reserve the right to introduce new services and update or withdraw any of the services, at our sole discretion without any liability.
Registration Terms
You are entitled to register as a buyer or seller and benefit from the services if you meet the following eligibility criteria:
For buyers:
i. You must be of legal age to be able to purchase products in your country of residence.
ii. You must be able to provide an address in the United Arab Emirates or in the Kingdom of Saudi Arabia to deliver the products.
For sellers:
i. You must have a registered commercial company according to the laws of your country.
ii. You must have a valid commercial license.
iii. You must be able to provide proof of authorization for individuals who register on or use the site.
iv. Provide proof of identity for the authorized person.
v. Provide supporting bank statements.
vi. You acknowledge and agree that some additional requirements may apply for some categories of products.
To register on the site, we will need to provide some information, and your registration on the site will not be accepted if the necessary information is not provided to us. We have the right to reject any registration without giving reasons. We also have the right to carry out the necessary verifications to verify your identity and registration requirements.
Once you have successfully completed your registration, your registration will continue for an indefinite period subject to possible suspension or cancellation in accordance with Section 6 of these Terms of Use.
Your Obligations
When using or accessing the Services, you agree to the following:
You are responsible for maintaining the privacy of and restricting access to and use of your account and password, and agree to accept responsibility for all activities that occur under your account or password.
You agree to notify us immediately of any unauthorized use of your password or account or any other breach of the Site’s security standards.
You provide complete, true, accurate and current information about yourself and your use of the Services as specified by us.
You will not disclose to any third party (except as required or specified by us) any user information provided to you.
You will cooperate with our requests for additional information regarding your eligibility and use of our Services.
When using or accessing the Services, you agree that you will not:
Post, post or upload any inappropriate or prohibited content or materials on our Site, including:
i. Content or materials that are morally or religiously inappropriate in any way.
ii. Content or materials that do not comply with local law, Islamic law, rules, ethics, values, morals and traditions.
iii. Content or materials that may threaten national security.
iv. Content or materials that may promote or fall within the framework of gambling.
v. Securities, including shares, bonds, instruments or any other securities or any assets.
vi. Live or dead creatures and/or any part of any animal that has been kept or preserved by any artificial or natural means.
vii. Any weapons.
viii. Alcohol, tobacco products, drugs, psychotropic substances, sleeping pills, intoxicants of any kind and medical drugs.
ix. To your knowledge, materials that are defective, counterfeit, damaged, misleading, or that may cause harm when used normally to another user of the Site or to his health.
x. Non-transferable coupons.
xi. Chemicals.
Post materials that you do not have the right to share the link to or include.
Post counterfeit or stolen materials.
Violate or circumvent the law, or violate any third party rights or our rules or policies or violate decisions regarding the status of your account.
Use the Services if you no longer meet the eligibility criteria or are unable to enter into legally binding contracts or your account has been suspended temporarily or indefinitely.
Failure to pay for products you have purchased, unless there is a legal reason that supports this in any of our policies.
Failure to deliver to customers products you have sold (if applicable), unless there is a legal reason that supports your position and is stated in any of our policies.
Use the contact information provided to you during the transaction through the Site to attempt to increase your sales outside the borders of the Site or through other sites.
Manipulate the price of any products.
Interfere with other users’ listings.
Take any action that would reduce the Site’s rating and ranking systems.
Post false, inaccurate, misleading, deceptive, defamatory or similar content.
Transfer your account to another party without our prior written consent.
Post spam or other unsolicited emails or communications.
Disseminate viruses or any other technology that may harm our Services or the interests or property of other users.
Violate:
i. Copyright, trademark, patent, moral, advertising, database laws, and/or any other intellectual property rights (collectively, “Intellectual Property Rights”) that are ours or licensed to us.
ii. Any intellectual property rights of any third party.
Collect information about users without their consent.
Or circumvent any of the technical measures we use to provide the Services.
Trade-in Service
Noon offers a trade-in service in cooperation with any third party, whereby you can trade-in your current eligible device (“Trade-in Device”) when purchasing a new mobile phone (“Trade-in Service”). Accordingly, the trade-in partner will provide you with an estimated value for your current device for trade-in (“Trade-in Value”). The trade-in value will be added to your registered account as a balance in Noon. You can transfer your Noon balance to your bank account. This trade-in service is available on selected brands and devices purchased through the Noon website at www.clasycare.com.sa or the Noon application via the trade-in option.
The trade-in service is subject to the following terms and conditions as set forth herein.
Intellectual Property Rights
Except for the rights expressly granted in accordance with these Terms of Use:
All content contained on the Site is our property or the property of our licensors, including but not limited to text, graphics, logos, images, audio clips, digital downloads and software. We (or our licensors, as the case may be) retain all rights, title and interest in and to the Site and the Services, including, without limitation, all intellectual property rights contained in these Terms of Use.
All rights, title and interest in any information, materials or other content that you provide through your use of the Services, as well as all intellectual property rights contained in these Terms of Use, will become our property.
You agree that you may not use our trademarks without our prior written consent.
All rights not expressly granted to you in these Terms of Use are reserved to us or our licensors.
Warranties, Covenants and Representations
You warrant, represent and represent that:
You will comply fully with and continue to operate in accordance with applicable laws, rules and regulations, including, without limitation, compliance with privacy laws and content regulation legislation.
You have full authority to enter into contracts under these Terms of Use, and that your performance of your obligations under these Terms of Use will not conflict with:
i.Any laws, rules, regulations or governmental guidelines to which you are subject.
ii. Any other agreements to which you are a party or to which you are bound.
If you create or use an account on behalf of a business, you are authorized to act on behalf of that business and to abide by these Terms of Use. Such account is owned and controlled by that business.
You own or are authorized to grant the rights and licenses you have granted to us under these Terms of Use.
Any content you submit as part of your use of the Services and any products you list does not infringe any third party rights anywhere in the world, including without limitation any intellectual property rights (whether registered or not).
Subject to clause 5.1, the Services are provided to you on an “as is” basis without warranties, representations or warranties. We disclaim all warranties, representations, or undertakings of any kind, whether express, implied, or collateral, including, but not limited to, all warranties, representations, or undertakings of merchantability, fitness for a particular or general purpose, non-infringement, or non-infringement of any rights, or that our Services will be secure or error-free, will operate without interruption, or will be provided in a timely or proper manner. Furthermore, while we try to be as accurate as possible, we do not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. In addition, as a purchaser, you agree that we are not responsible for examining or testing the listings or content of the Services provided by us or by third parties, and that you will not attempt to hold us liable for any errors or defects in any listings. As a seller, you are responsible for reviewing the accuracy of the content contained in your listings and you will not attempt to hold us or the content/brochure providers responsible for errors or inaccuracies.
Nothing in these Terms of Use shall limit or exclude either party’s liability for:
fraud, including fraudulent misrepresentation, committed by such party.
death or personal injury resulting from such party’s negligence.
any other liability that cannot be limited or excluded under applicable law.
Subject to Section 5.1, in no event will we, our parent company, subsidiaries, affiliates, and our and their respective directors, officers, agents, employees, suppliers, subcontractors or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or breach of these Terms of Use, for any claim for lost profits, loss of data or information, business interruption, or any other pecuniary loss, or any special, indirect or incidental damages, even if we, our affiliates, directors, officers, agents, employees, licensors, suppliers or subcontractors have been advised of the possibility of such damages.
In addition to the extent permitted by applicable law, we (including our parent, subsidiaries, affiliates, directors, officers, agents, employees, suppliers, subcontractors or licensors) will not be liable, and you agree that you will not hold us liable, for any damage or loss resulting directly or indirectly from:
Content or other information you provide when using the Services.
Your use of or inability to use the Services.
Pricing, shipping, formatting or any instructions provided by us.
Delays or interruptions in the provision of the Services.
Viruses or other malware found through access to the Services.
Errors, malfunctions or inaccuracies in the Services.
Damage to your device through the use of products sold on the Site or through our Services.
Content or the actions or omissions of third parties using our Services.
Suspension or other actions we take in connection with your use of the Services.
The length of time your listings appear in search results or the manner in which they appear.
Your need to modify practices, content or conduct or your loss or inability to do business as a result of changes to these Terms of Use.
Subject to Section 5-1, if Section 5-2 or 5-3 is held to be unenforceable or unenforceable for any reason, our aggregate liability, including that of our parent company, subsidiaries or affiliates and their directors, officers, agents, employees, suppliers, subcontractors or licensors to you, whether arising from any action or claim in contract, negligence, breach of statutory duty or otherwise arising out of or in connection with these Terms of Use, shall be limited to the lesser of:
The price at which the product was sold on the Site and the original shipping charges.
The amount of the disputed fees, not to exceed the total amount of fees paid to us during the twelve (12) month period preceding the action giving rise to the liability.
Three hundred (300) Saudi Riyals.
You agree to indemnify and hold us, our parent company, subsidiaries, affiliates, and their respective directors, officers, agents, employees, suppliers, subcontractors, and licensors, harmless from and against any losses, damages, and expenses (including legal fees and attorneys’ fees) (“Claims”) arising from:
Any claims or demands made by third parties as a result of your use of the Services.
Breach of any of the provisions of these Terms of Use, including without limitation any warranties, representations, and undertakings.
Violation of any applicable laws, including without limitation data protection laws or anti-spam laws.
The manner in which you use our Services, including but not limited to the content you post, the products you list or your trademarks, infringe any intellectual property rights of any third party or your content is defamatory, libelous, obscene or violates any other rights (including privacy rights) of any third party (including other users of the Sites).
Suspension, Termination or Cancellation
Without prejudice to any of our rights or remedies or without any liability to you, we may limit, suspend or withdraw your access to or use of the Services, cancel any order of Products and/or delete Content submitted by you at our sole discretion. For the avoidance of doubt, any amounts paid and received by us in connection with a cancelled order of Products will be refunded.
Reporting a Violation of the Terms of Use:
We are committed to ensuring that the Products and Content contained on the Site comply with these Terms of Use. If the Content contained does not comply with these Terms of Use, please notify us and we will investigate the matter.
Noon Affiliates and Additional Services
Noon Solutions for Electronic Marketing Company, Sole Proprietorship LLC and/or its affiliates (“Noon Affiliates”) provide the Site features and other Products and Services to you when you use or subscribe as a buyer and/or seller on the Site. “Affiliate” means, with respect to a particular person, any company that directly or indirectly controls, is controlled by, or is under common control with such person.
To enhance your experience across the Site and with Noon Affiliates, you hereby agree that we may create additional services and/or functions and/or accounts on your behalf, using the information you provide to us on the Site.
Applicable Law: These Terms of Use and any related non-contractual rights or obligations shall be governed by and construed in accordance with the laws applicable in the Kingdom of Saudi Arabia.
Dispute Resolution: If you have any problems with our services, please contact us. We will endeavour to resolve your problem as soon as possible. Any disputes or disagreements relating to these Terms of Use, including any related non-contractual rights or obligations, shall be settled by the courts of the Kingdom of Saudi Arabia.
Rights of Third Parties: A person who is not a party to these Terms of Use shall have no right to enforce any of its provisions.
Relationship of the Parties: Nothing in these Terms of Use shall be construed or interpreted by the parties or any third party to construe the relationship between us as between partners or agents or to create a joint venture between the parties, but it is understood and clear that all parties to the agreement are independent parties.
Additional Representations: The parties will do or arrange to do such acts, execute such documents, and otherwise do such things as are within their power to enforce and verify the operation of these Terms of Use, including without limitation assisting each party in complying with applicable law.
Assignment: These Terms of Use are to the benefit of the parties and their respective successors and authorized representatives. You agree that you will not assign or transfer the Terms of Use or any of your rights or obligations under these Terms of Use, directly or indirectly, without our prior written consent.
Entire Agreement: These Terms of Use and the documents referred to or incorporated into the Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, negotiations, and representations, whether written or oral, relating to the subject matter hereof. Except as set forth in the Terms of Use and the documents referred to or incorporated into these Terms of Use, there are no conditions, representations, warranties, undertakings or agreements between the parties, whether direct, indirect, collateral, express or implied.
Amendments: These Terms of Use may not be amended, modified, supplemented or otherwise modified. We reserve the right to amend, modify, supplement or otherwise modify these Terms of Use at any time or from time to time. We will post the current version of the Terms of Use on the Site and they will be effective upon posting on the Site or upon the date designated by us as the “Effective Date” (if any). Your continued use of the Services in the event of any such changes constitutes your agreement to be bound by the amended Terms of Use.
Severability: If any provision of these Terms of Use is held by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision of these Terms of Use shall be severed and the remaining terms and conditions shall continue in full force and effect so long as the legal and economic substance of the transactions contemplated hereby survives without adverse effect on the parties.
Force Majeure: Neither party shall be liable for any loss, damage, delay or failure to perform due to acts beyond the control of either party, whether or not such act could reasonably have been foreseen (such as acts of God, legislative, judicial or regulatory actions of any federal, state or local government, judicial authorities, actions of any of our subcontractors or any third party supplier of goods or services to us, labor disturbances, blackouts or economic embargoes).
No Waiver: A waiver of any provision of these Terms of Use shall not constitute a waiver of any other provision (whether similar or not), nor shall any such waiver constitute a continuing waiver of any of the provisions in question, unless expressly stated in writing by us.
Contact. You may contact us by going to the “Account” section and clicking on the “Need Help?” box.
Survival: All provisions that by their nature are intended to survive termination shall survive termination or suspension of your membership on the Site.
