These Terms and Conditions constitute a legally binding agreement made between you, (“you”, “users” and “E-Traders”) and the Ministry of Industry, Commerce and Tourism (“we,” “us” or “our”), concerning your access to and use of the Mall.bh website as well as any other media form, linked, or otherwise connected thereto (collectively, the “Website”).
You agree that by accessing the Website, you have read, understood, and agree to be bound by all these Terms. If you do not agree, then you are expressly prohibited from using the Website and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
The “Last updated” date of these Terms will be updated according to any modifications, and you waive any right to receive specific notice of such change.
It is your responsibility to periodically review these Terms to stay informed of updates. You will be deemed to have been made aware of and to have accepted, the changes in the Terms by your continued use of the Website after the date of such modification.
All users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Website.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, website design, audio, text photographs and graphics on the Website (collectively the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Kingdom of Bahrain.
By using the website, you represent and warrant that:
- all registration information you submit will be true, accurate, current, and complete.
- you will maintain the accuracy of such information and promptly update such registration information, as necessary.
- you have the legal capacity and you agree to comply with these Terms.
- you will not use the Website for any illegal or unauthorized purpose.
- your use of the Website will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website.
All users are required to register with the Website and create an account of their own to benefit from the services provided by the Website. You agree to keep your password confidential and will be responsible for all use of your account and password.
You may not access or use the Website for any purpose other than that for the Website’s purpose.
As a user of the Website, you agree not to:
- make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unwanted emails, or under false claims.
- use the Website to advertise or offer to sell goods and services without our prior approval.
- Disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site.
- Trick or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- make improper use of our support services or submit false reports of abuse or misconduct.
- interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
- attempt to impersonate another user or person or use the username of another user.
- use any information obtained from the Website in order to harass, abuse, or harm another person.
- Offer any products or services that do not comply with Islamic law, Arab culture and applicable laws in the Kingdom of Bahrain and all other countries.
- Trade in goods or services that require laboratory test or prior approval from a specific competent authority.
- attempt to bypass any measures of the Website designed to prevent or restrict access to the Website.
- harass, annoy, intimidate, or threaten any of our employees engaged in providing any portion of the Website to you.
- delete the copyright or other proprietary rights notice from any Content.
- use the Website in a manner inconsistent with any applicable laws or regulations.
Every natural or legal person who provides services or goods and is holding a Commercial Registration under the Commercial Register Law of 2015, whether he is the owner of an electronic platform or electronic store and is responsible for:
- all procedures and measures of buying and selling, payments, delivery, return and exchange.
- Stating the data information of the store and its commercial record such as (tradename, data of the commercial registry, address, contact information and the trademark).
- Stating true information of the products and services provided in the store with all transparency and guarantees if any.
- Provide shipping and payment method.
- Provide return and exchange policy of the store.
- Send the invoice of transactions to the user.
GUIDELINES FOR REVIEWS
We may provide you areas on the Website to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- you should have firsthand experience with the person/entity being reviewed.
- your reviews should not contain abusive, racist, offensive, or hate language.
- your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
- your reviews should not contain references to illegal activity.
- you should not be affiliated with competitors if posting negative reviews.
- you may not post any false or misleading statements.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Website may contain links to other websites ("Third-Party Websites").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern.
You should review the applicable terms and policies, of any website to which you navigate from the Website or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation, to:
- monitor the Website for violations of these Terms.
- take appropriate legal measures against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities.
- in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable your use of the Website.
We respect the intellectual property rights of others. If you believe that any material available on or through the Website infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the Website. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Website, to any person for any reason or for no reason, including withing limitation for breach of any of the Terms contained herein. We may terminate your use of participation in the Website or delete your account and any content or information that you posted at anytime without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name or a fake name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal measures.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time.
We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Website.
These Terms and your use of the Website are governed by and construed in accordance with the laws of the Kingdom of Bahrain applicable to agreements made and to be entirely performed within the Kingdom of Bahrain.
For any dispute, controversy, or claim related to these Terms brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least 3 days before initiating arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, any legal action of whatever nature shall be commenced or prosecuted in the courts of the Kingdom of Bahrain.
THE WEBSITE IS PROVIDED ON AN AS-IS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR
(4) ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEANS YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct or indirect damages, including lost profit, lost revenue, off of data or other damages arising from your use of the Website.
You agree to defend, indemnify, and hold us harmless, including our directors and employees from and against any loss, damage, liability, claim, or demand made by any third party due to or arising out of your use of the Website.
We will maintain certain data that you transmit to the Website for the purpose of managing the Website, as well as data relating to your use of the Website. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other and to electronic delivery of notices, policies and records of transactions completed by you on the Website.
These Terms and any policies or operating rules posted by us on the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
There is no partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Website. You agree that these Terms will not be construed against us by virtue of having drafted them.
In order to resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at: