HOMIEZ
Terms & Conditions
1. DEFINITIONS
a. HOMIEZ:
A Platform of e-commerce ecosystem that enables users, through user’s accounts
or as guests, to use the facilities and services it provides in order to enjoy
online commerce. The facilities include but are not limited to listing of items
or services, buying, selling, pricing and shipping governed by engaging
contract of selling and buying between the seller and buyer directly.
b. User:
Any type of person accessing the HOMIEZ service, be a seller, buyer, store
admin, vendor, consumer or any interacting representing these users of the
system's facilities. HOMIEZ’s Platform include any software, content, services,
technology, data and other digital materials included in or made available
through an application that the user can access or deploy via the Platform.
This also includes any updates, upgrades and other changes thereto and versions
thereof that you later can access or deploy via the Platform.
c. Applicable
Laws: Refers to any laws, resolutions, regulations or courts’ principles in
force in the Kingdom of Bahrain. The international law shall also be respected
when deemed necessary.
d. Goods:
Shall mean tangible products provided by the seller or intangible products,
such as software, technology transfer, licenses, patents or other intellectual
properties being offered for sale on HOMIEZ as per the definitions of the
applied laws in the Kingdom of Bahrain. The term ‘Goods’ shall also include works
and services, which are incidental or consequential to the supply of such
goods, such as, transportation, insurance, installation, commissioning,
training and guarantee/warrantee… etc.
e. Services:
Shall mean the services offered or provided by the seller such as IT
professional services, maintenance services, temporary manpower services,
security services, transport services, etc. The term ‘Service’ shall also
include supply of goods, which are incidental or consequential.
f. Service
Level Agreement (SLA): Refers to the
contractual commitment that prevails between the buyer and HOMIEZ with regards
to the type of service to be provided, deliverables, desired performance level,
reliability and responsiveness, monitoring process and service level reporting,
response and issue resolution time-frame.
g. Buyer/Consumer/Customer:
Any individual or corporate person who avails themselves from the services
provided through their accounts in HOMIEZ’s Platform.
h. Seller/Vendor/Service
Provider: Any legal entity, whether it be an individual establishment,
companies, brokers, agents or any individual who has a legal right on the goods
or services listed by him/her through HOMIEZ’s Platform. Separate Seller
Agreement shall be signed by the seller.
i. User
ID and Password: All users, including buyers and sellers, must create a User ID
and Password on HOMIEZ during the registration process in order to create an
account. It is the responsibility of the user to keep their User ID and
Password secure and confidential. The individual user shall be solely and
completely responsible for all transactions taking place on HOMIEZ’s portal
using his/her account and HOMIEZ shall not be held responsible in any manner.
j. Order:
Refers to the purchase order created/issued by the buyer on HOMIEZ for supply
of goods / services in an electronic form.
2. TERMS & CONDITIONS
2.1. These Terms & Conditions will form an agreement when
accepted by the User. Please read them carefully.
2.2. HOMIEZ offers a wide range of services and sometimes
additional terms may apply. (“Additional Terms”).
3. HOMIEZ’s ROLE
3.1. HOMIEZ acts as a facilitator between sellers and buyers.
HOMIEZ is not a party to any agreement the users have with each other and does
not have control over their legal actions. Any agreement the users have with
each other does not form a part of any agreement with HOMIEZ.
3.2. HOMIEZ can also act as a vendor and in such situation, will
be subject to abide by these Terms and Conditions imposed on vendors, unless
stated otherwise.
4. INTELLECTUAL PROPERTY, COPYRIGHT, TRADE MARK &
SOFTWARE
4.1 All
content included in or made available through any HOMIEZ service, such as text,
graphics, logos, page headers, button icons, images, scripts, audio clips,
digital downloads, and software are the intellectual property (IP) of HOMIEZ or
its content suppliers and are protected by Bahrain and international copyright
laws.
4.2 You
may access, view, download and print the IP and all other materials displayed
on the HOMIEZ sites for your personal, non-commercial use only provided
however, that you:
(1) Retain all copyright, trademark
or other proprietary designations contained on all IP;
(2) Do not modify or alter the IP
in any way; and
(3) Do not provide or make the IP
available to any third party in a commercial manner.
No license, right, title or
interest in any materials or software is transferred to you as a result of your
use of HOMIEZ sites or your accessing, viewing, downloading, or printing of the
IP.
4.3 You
may not reproduce (except as noted above), publish, transmit, distribute,
display, modify, create derivative works from, sell or participate in any sale
of or exploit in any way, in whole or in part, any of the IP, HOMIEZ sites or
any related software.
4.4 HOMIEZ’s
IPs may not be used in connection with any product or service that is not
HOMIEZ’s, in any manner that is likely to cause confusion among customers or
disparages or discredits HOMIEZ. All other trademarks not owned by HOMIEZ that
appear in any HOMIEZ service are the property of their respective owners, who
may or may not be affiliated with, connected to, or sponsored by HOMIEZ.
4.5 HOMIEZ
is granted a royalty-free, non-exclusive, perpetual right to exercise all
rights of publicity over any content submitted by the seller on Homiez.me.
4.6 HOMIEZ
respects the intellectual property rights of others. If you believe that your
work has been copied in a way that constitutes copyright infringement, please
contact our Support Services.
5. USING HOMIEZ;
HOMIEZ offers a secure and friendly
platform for users.
5.1 YOUR
ACCOUNT
5.1.1 You may need your own HOMIEZ account to use certain HOMIEZ
services and you may be required to log into the account and have a valid
payment method associated with it. You are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer. You also agree to accept responsibility for all activities that occur
under your account.
5.1.2 While registering with HOMIEZ and before confirmation, the user
will be responsible for reviewing the policies. By clicking continue, you are
acknowledging that you read and agree to the Terms and Conditions.
5.1.3 After registration, users will receive an e-mail confirmation
to verify the e-mail address associated with the account.
5.1.4 The user is responsible for updating their personal information
on HOMIEZ when required.
5.1.5 You will immediately notify us of any unauthorized use of your
account, username or password or any other breach of security; and you will not
sell, transfer or assign your account or any account rights.
5.1.6 HOMIEZ reserves the right to refuse service, terminate accounts,
terminate your rights to use HOMIEZ services, remove or edit content or cancel
orders in its sole discretion.
5.1.7 HOMIEZ sell products for children’s use however, these products
are intended for selling to adults. If
you are under the age of maturity in your jurisdiction, you may use the HOMIEZ
sites only with parental or guardian supervision.
5.1.8 Individuals may use the HOMIEZ sites to create gift or wish
lists for individuals, including children under the age of 18 by making product
selections for the child; additional personally identifiable information about
the child should not be provided.
5.2 ACCEPTANCE
OF ELECTRONIC TRANSACTIONS & COMMUNICATIONS
5.2.1 By using or accessing HOMIEZ websites or applications, you
abide by the in-force E-transactions Laws of Bahrain and all its associated
resolutions and amendments in all its areas.
5.2.2 When you use HOMIEZ services, send e-mails and text messages or
utilise any other viable means of communications from your desktop or mobile
device to us, you may be communicating with us electronically. Therefore, you
consent to receive communications from us electronically, such as e-mails,
texts, mobile push notices or notices and messages on this site or through the
other HOMIEZ services, and you can retain copies of these communications for
your own records. You agree that all agreements, notices, disclosures and other
communications that HOMIEZ provide to you electronically satisfy any legal
requirement that such communications be in writing.
5.3 PRIVACY
Please review HOMIEZ Privacy
Policy, which also governs your use of HOMIEZ services, and is considered an
integral part of these terms & conditions.
5.4 AUTHORIZATION
TO CONTACT YOU; RECORDING CALLS; ANALYSING MESSAGE CONTENT
5.4.1 HOMIEZ may contact you using autodialled or pre-recorded calls,
e-mails and/or text messages, at any telephone number provided by you to:
• Notify
you regarding your account;
• Troubleshoot
problems with your account;
• Resolve
a dispute;
• Collect
a debt;
• Poll
your opinions through surveys or questionnaires; or
• As
otherwise necessary to service your account or enforce these terms &
conditions, HOMIEZ policies, applicable law or any other agreement HOMIEZ may
have with you.
5.4.2 HOMIEZ may also contact you using autodialled or pre-recorded
calls, e-mails and/or text messages for marketing purposes (e.g., offers and
promotions), if you consent to such communications. As described in HOMIEZ
Privacy Policy, HOMIEZ may collect other telephone numbers for you and may place
manual non-marketing calls to any of those numbers and autodialled
non-marketing calls to any landline.
Please note that HOMIEZ reserves
the right to send you certain communications relating to your account or use of
HOMIEZ’s services and any amendments or modifications to HOMIEZ’s Terms and
Conditions or any related policies or new provisions, this may also include
administrative and service announcements. These transactional account messages
may be unaffected if you choose to opt-out from receiving HOMIEZ’s marketing
communications
5.4.3 HOMIEZ may share your communications data with its authorized
sellers or related service providers. They may contact you using autodialled or
pre-recorded calls, e-mails, and/or text messages, only as authorized by HOMIEZ
to carry out the purposes HOMIEZ has identified.
5.4.4 HOMIEZ may monitor and/or record telephone conversations you or
anyone acting on your behalf has with HOMIEZ or its agents for the purpose of
protecting the interests of both parties. HOMIEZ will notify the caller if such
actions are to be taken.
5.4.5 Users’ information provided on HOMIEZ shall only be used for
the purposes agreed upon. You may not
disclose, sell, rent or distribute a user's information to a third party for
purposes unrelated to the services. Additionally, you may not use information
for marketing purposes, via electronic or other means, unless you obtain the
consent of the specific user to do so.
5.5 WIRELESS,
MESSAGING AND LOCATION-BASED FEATURES
5.5.1 The service may offer certain features and services that are
available to you via your mobile device. These features and services may
include the ability to access the service’s features and upload content to the
service, receive messages from the service and download applications to your
mobile device (collectively, “Wireless Features”). You agree that as to the
mobile features for which you are registered or otherwise use, HOMIEZ may send
communications via such features or apps to your mobile device regarding us or
other parties. Furthermore, HOMIEZ may collect information related to your use
of the wireless features as permitted by our privacy policy.
5.5.2 If you have enabled GPS or use other location-based features on
the service, you acknowledge that your device location may be tracked
consistent with HOMIEZ Privacy Policy. You can change device location tracking
through the settings of the device itself.
5.6 UNLAWFUL
OR PROHIBITED USES
5.6.1 In addition to the above and below provisions and restrictions,
the service may only be used for lawful purposes in accordance with the terms
of the license granted in these Terms & Conditions or the applied laws and
regulations in the Kingdom of Bahrain. As a condition of your use of this
service, you warrant to HOMIEZ that you will not use the service for any
purpose that is unlawful or prohibited by these Terms & Conditions. Whether
on behalf of yourself or on behalf of any third party, unless you have the
express prior written consent of HOMIEZ, YOU MAY NOT:
5.6.1.1 Make any commercial use of the service or its content, including
making any collection or use of any product listings, descriptions, prices, or
images; download, copy or transmit any content for the benefit of any other
merchant;
5.6.1.2 Misrepresent the identity of a user, impersonate any person or
entity, falsely state or otherwise misrepresent your affiliation with any
person or entity in connection with the service or express or imply that HOMIEZ
endorse any statement you make;
5.6.1.3 Conduct fraudulent activities on the service; breach or circumvent
any laws, third-party rights or HOMIEZ systems, policies, or determinations of
your account status;
5.6.1.4 Violate or attempt to violate the security of the service,
including, without limitation,: (i) accessing data not intended for you or
logging onto a server or an account that you are not authorized to access; (ii)
trying to change the functionality of the service; (iii) attempting to probe,
scan or test the vulnerability of a system or network or to breach security or
authentication measures; (iv) attempting to interfere with service to any user,
host or network, including, without limitation, via means of submitting malware
to the service, overloading, “flooding,” “spamming,” “mailbombing” or
“crashing”; (v) forging any header or any part of the header information in any
e-mail or posting; or (vi) forging communications on behalf of the service
(impersonating the service) or to the service (impersonating another user);
5.6.1.5 Send unsolicited or unauthorized email on behalf of HOMIEZ,
including promotions and/or advertising of products or services;
5.6.1.6 Use the service to defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights of others, including others' privacy rights
or rights of publicity;
5.6.1.7 Harvest or collect personally identifiable information about other
users of the service;
5.6.1.8 Restrict or inhibit any other person from using the service
(including, without limitation, by hacking or defacing any portion of the
service);
5.6.1.9 Post, list or upload content or items in inappropriate categories
or areas on HOMIEZ sites or/ and app;
5.6.1.10 Use HOMIEZ services if you are not able to form
legally binding contracts or are temporarily or indefinitely suspended from
using HOMIEZ sites, services, applications or tools;
5.6.1.11 Fail to pay for items purchased by you, unless you
have a valid reason as set out in HOMIEZ’s policy, for example, the seller has
materially changed the item's description after the order has been placed, a
clear typographical error is made or you cannot contact the seller;
5.6.1.12 Fail to deliver items sold by you, unless you have a
valid reason as set out in HOMIEZ’s policy, for example, the buyer fails to
comply with the posted terms in your listing or you cannot contact the buyer;
5.6.1.13 Manipulate the price of any item or interfere with
any other user's listings;
5.6.1.14 Take any action that may undermine the feedback or
ratings systems;
5.6.1.15 Transfer your HOMIEZ account (including feedback)
and user ID to another party without HOMIEZ’s consent;
5.6.1.16 Interfere with the working of HOMIEZ’s services or
impose an unreasonable or disproportionately large load on HOMIEZ’s
infrastructure;
5.6.1.17 Infringe the copyright, trademark, patent,
publicity, moral, database and/or other intellectual property rights
(collectively, "Intellectual Property Rights") that belong to or are
licensed to HOMIEZ. Some, but not all, actions that may constitute infringement
are reproducing, performing, displaying, distributing, copying, reverse
engineering, decompiling, disassembling or preparing derivative works from
content that belongs to HOMIEZ or someone else;
5.6.1.18 Infringe any Intellectual Property Rights that
belong to third parties affected by your use of the services or post content
that does not belongs to you;
5.6.1.19 Circumvent any technical measures HOMIEZ use to
provide the services.
5.6.2 Sellers must meet HOMIEZ’s standards. Failure to meet these
standards may result in HOMIEZ limiting, restricting, suspending or downgrading
your seller account.
5.6.3 If HOMIEZ believe you are abusing HOMIEZ in any way, HOMIEZ
may, in its sole discretion and without limiting other remedies, limit, suspend
or terminate your user account(s) and access to HOMIEZ’s services.
5.6.4 If HOMIEZ believes your buying or selling conduct jeopardizes
her interests, you may be subject to a range of actions, including limits on
your buying and selling privileges, restrictions on listings and account
features, suspension of your account, application of fees and recovery of
expenses. If you are a seller, you are liable for transaction fees arising out
of all sales made using some or all HOMIEZ’s services, even if sale terms are
finalized or payment is made outside of HOMIEZ.
5.6.5 HOMIEZ may cancel unconfirmed accounts or accounts that have
been inactive for a long time or modify or discontinue HOMIEZ’s services.
Additionally, HOMIEZ reserves the right to refuse or terminate all or part of
HOMIEZ’s services to anyone for any reason at HOMIEZ’s discretion.
6. SELLING AND PURCHASING CONDITIONS
6.1 CONDITIONS
FOR LISTING OF ITEMS AND SERVICIES
6.1.1 Listing, selling or using unlicensed, counterfeit, trademarked
or copyrighted materials without the consent of the original owner of these
rights is prohibited by HOMIEZ and such claims will be taken seriously and in
accordance with Bahrain’s law concerning intellectual property.
6.1.2 Any infringement will result in the suspension of the seller’s
account followed by an investigation, which might result in termination.
6.1.3 When listing an item or service, sellers agree to comply with the
following provisions:
6.1.3.1 Listing must be a legal item or service owned or provided by the
seller or the seller has the legal cause to sell the listed items or services
6.1.3.2 Selling of an item or service must not violate any local laws or
regulations
6.1.3.3 The item must not be on HOMIEZ’s Prohibited Items and Service List
6.1.3.4 The seller must disclose any rights or obligations on the listed
items or service at time of purchase.
6.1.3.5 The seller shall also clarify any information, clarification,
cautions or any other conditions stipulated by the law of Consumer Protection
or any laws in Bahrain.
6.1.3.6 Old or refurbished items are accepted provided that the seller
indicates so clearly in the description of the goods and guarantees its good
condition and discounted price.
6.1.3.7 For optimal sales, provide a detailed item description including:
• Size
• For
food or groceries: flavour, type, quantity, weight, ingredients, nutrition
details, dietary concern and allergy...etc.
• Brand
• Material
• Condition
• Proof
of authenticity
• Provide
clear photos taken by the seller - must be actual, not stock, photos of the
item.
6.1.3.1 In relation to services, any required authenticity, certificates,
availability and any other required conditions shall be provided by the seller
6.1.4 Sellers are responsible for the accuracy and content of the
listing, item/service offered and the minimum amount to be paid or minimum
quantity to be purchased.
6.1.5 Sellers are free to put their own terms and conditions relevant
to the return, cancellation, exchange and refund policy and any pricing,
promotions’ terms and conditions specific to the items, products or services
provided via HOMIEZ, ensuring that this freedom shall not conflict with the
Terms and Conditions and the agreement between the sellers and HOMIEZ in
addition to the laws in force in the Kingdom of Bahrain and particularly the
Customer Protection Law.
6.1.6 HOMIEZ can't guarantee exact listing durations, unless HOMIEZ
is the seller
6.1.7 The seller is responsible for updating the availability (the
stock) of the products or services and HOMIEZ cannot assure such availability
to the buyer, unless HOMIEZ is the seller offering the product/service
6.1.8 HOMIEZ strives to create a Platform where buyers find what they
are looking for. Therefore, the appearance or placement of listings in search
and browse results will depend on a variety of factors , including, but not
limited to:
6.1.8.1 Buyer's location, search query, browsing site and history;
6.1.8.2 Item's location, listing format, price, shipping cost, terms of
service, end time, history and relevance to the user query;
6.1.8.3 Seller's history, including listing practices, detailed seller
ratings, HOMIEZ’s policy compliance, feedback, and defect rate; and
6.1.8.4 Number of listings matching the buyer's query.
6.1.8.5 To drive a positive user experience, a listing may not appear in
some search and browse results regardless of the sort order chosen by the
buyer.
6.1.8.6 HOMIEZ’s duplicate listing may also affect whether your listing
appears in search results.
6.1.8.7 HOMIEZ may provide you with optional recommendations to consider
when creating your listings. Such recommendations may be based on the
aggregated sales and performance history of similar sold and current listings;
results will vary for individual listings. To drive the recommendations
experience, you agree that HOMIEZ may display the sales and performance history
of your individual listings to other sellers.
6.1.8.8 HOMIEZ shall collect, protect, use and disclose the above
information in compliance with its Privacy Policy.
6.2 THE
PROHIBITED ITEMS AND/OR SERVICES
In order to keep HOMIEZ’s Platform
safe for HOMIEZ users, HOMIEZ has prohibited the listing and sale of various
items. The Prohibited Items/Services include but are not limited to:
6.2.1 Illegal items/services
6.2.2 Counterfeit items
6.2.3 Stolen goods
6.2.4 Explicit items
6.2.5 Weapons and explosives as organized by the Penal Code.
6.2.6 Sex toys and fetish items
6.2.7 Items that are a safety hazard
6.2.8 Products or services that require legal approval or licenses to
be sold
6.2.9 Alcohol
6.2.10 Prescription or behind-the-counter medicines
6.2.11 Current banknotes
6.2.12 Human body parts, organs, cells, blood and similar objects
6.2.13 Drugs include:
a) Products,
tools or services specifically offered or intended to be used to create drugs
b) Ingredients
for growing drugs, example: seeds for cannabis plants
c) Prescription
medicines, pharmaceuticals or behind the counter drugs
6.2.14 Ministry of Health and National Health Regulatory Authority
(NHRA) restricted items, such as food, homemade food, food supplements,
vitamins, diet products, muscle enhancers, home remedies, and homemade
cosmetics. Any restricted item by the Ministry of Industry, Commerce and
Tourism or any other related formal bodies are also considered.
6.2.15 Counterfeit goods or goods infringing on a third party's
intellectual property rights such as:
a) Listings
of non-brand, non-genuine, imitation, fake or replica
b) Items
in violation of a copyright, including handmade or other items with copyrighted
characters, brand logos, etc.
6.2.16 Products designed to circumvent copyright protection techniques
or otherwise facilitate the unlicensed use of copyright materials (Example:
"mod chips" to break the encryption on game computers to allow the
playing of unlicensed game copies)
6.2.17 Age restricted products
6.2.18 Gambling or sweepstakes, including using this service for raffles
and mystery purchases
6.2.19 Items deemed unsuitable by HOMIEZ
6.2.20 Any item that the Shipping Agent restricts to ship (Refer to the
shipping conditions of the courier)
6.3 PRICING
6.3.1 All prices shall be in Bahraini Dinars and all other deductions
if payment done using currencies will be as outlined by the payment agent based
on the latter’s terms and conditions and the date of ratings.
6.3.2 The seller is responsible to put the prices based on his/her
sole discretion. HOMIEZ does not intervene in the price of any item or service
offered whether it be discount or promotion seasons or relating to subsidised
items, provided that the seller shall be obliged to provide the same price in
his/her store or in other sites as to the listing price in HOMIEZ. It will
always be preferable to provide a lower price on HOMIEZ.
6.3.3 Any price comparison provided by HOMIEZ is based on the
information available and may not be accurate due to missing information or
data of the items, products or services.
6.3.4 The buyer will bear any additional charge relating to delivery.
6.3.5 The seller is responsible to add any taxes or fees applied on
the item, product or service if the laws and regulations enforce such matter on
the seller.
6.3.6 If any item or service is intended to be listed through auction
or tender, then a reference shall be made to the special policy that governs
such method of listing.
6.4 Value
Added Tax (VAT)
6.4.1 The Value Added Tax Decree-Law No. (48) of 2018 promulgated the
enactment of VAT in the Kingdom of Bahrain. In compliance with the VAT
policies, certain products, services and charges may be subject to a standard
rate of 10%.
6.4.2 Where applicable, HOMIEZ’s subscription fees/commission and any
other additional service charges may be subject to VAT. The supply shall
increase by a sum of equal to the VAT rate applicable, which is to be payable
by the seller.
6.4.3 Any decrease in fee or service charges, HOMIEZ will
recover/claim the difference from the seller.
6.4.4 Sellers are responsible for notifying HOMIEZ of their VAT
registration and for the correct enforcement of tax on their prices.
6.4.5 The seller shall raise the valid tax invoice directly in the
name of the customer and the invoice must abide by all requirements as
prescribed in the VAT legislation.
6.4.6 HOMIEZ will have the authority to collect the total invoice
value for goods/services supplied by the seller, inclusive of VAT, from consumers.
HOMIEZ shall repay the amount collected as per the agreed terms to the sellers
since they are responsible for settling the VAT with the National Bureau for
Revenue (NBR). Therefore, the seller is responsible for any VAT report produced
and presented to the NBR.
6.4.7 VAT shall be governed by and construed in accordance with the
VAT legislation of Kingdom of Bahrain.
6.5 PURCHASE
CONDITIONS
6.5.1 When buying an item or service, you, as a buyer, agree to the
following provisions:
• Do
not buy prohibited items or services
• Gather
information concerning the condition of the item or service prior to purchase
• Ask
about defects such as rips, tears, dents, stains, odours or damages
• Inspect
the item upon delivery.
• Once
order is placed and confirmed usually through an email and/or text message or
any other confirmation facilities used by HOMIEZ along with the invoice, you
are considered as entering into a legally binding contract to purchase between
you, the buyer, and the seller based on the conditions specified by him/her,
unless the purchased item or service, in its nature or by the law, require
further procedures, registrations, disclosures or any other formal or
contractual procedures with the sellers or with formal bodies.
6.5.2 HOMIEZ does not transfer legal ownership of items from the
seller to the buyer and HOMIEZ is not a party to any contractual relationship
between the seller and the buyer and does not bear any further responsibility.
7. PAYMENT AND POST PAYMENT
7.1 PAYMENT
7.1.1 The payment methods will be as follows:
i. Cash
on Delivery: This is subject to the seller’s services’ terms and conditions.
HOMIEZ, as a vendor, accepts Cash on Delivery and the total charge will be
explicitly stated at the time of purchasing. The total value of cash on
delivery accepted is at the discretion and risk of the vendor.
ii. Credit/Debit
Card: Through a payment agent, whether online or upon delivery as per the
seller in his/her services’ terms and conditions. The buyer shall ensure that
he/she is the holder of the card or is authorized to use it. HOMIEZ, as a
vendor, provides the option of paying by card online and upon delivery. No
sufficient funds in the payment card will result in the transaction being
denied.
iii. By any other payment methods provided by the HOMIEZ
Platform and accepted by the vendor.
7.2 DELIVERY
7.2.1 If the seller offered free delivery for the items/services or
will add costs on the buyer for such delivery, the terms shall be clarified to
the buyer at the time of the purchase. The seller’s terms of delivery will
apply. The seller shall take all precautions and follow standard procedures for
proper packaging and delivering of the item based on its nature. He/She is also
liable for informing the driver of any special care/conditions required when
delivering.
7.2.2 HOMIEZ offers consumers several options for delivery
facilitated by HOMIEZ and accepted by the vendor. All such manners of delivery
will be dealt with through special delivery policy and any provisions
associated with it, especially the provisions of damage of products in transit
or after delivery.
7.2.3 HOMIEZ will endeavour to make deliveries in the specified time,
unless circumstances beyond its control occur. It is to be noted that HOMIEZ
has an agreement with a delivery agent and hence, the delivery agent’s terms of
delivery will apply and the buyer will bear the specified costs of delivery,
which will be deducted once payment is made.
7.2.4 If the delivery will be facilitated through HOMIEZ, it will be
made to the delivery address associated with your order. The buyer shall assure
accuracy of address and if the address is invalid or incorrect, then he/she
will bear the costs of delivery.
7.2.5 You, or someone on your behalf are responsible for receiving
the delivery at the specified time of delivery. If the item/service was
delivered but no one was there to receive it or you refused to take it, then
the item/ service will be returned back to the seller if the seller’s terms of
service accept such return, and a further charge may become payable by you, the
buyer, because the product/service has already been dispatched.
7.2.6 For delivery outside the Kingdom of Bahrain, it will only be
applicable in the GCC region therefore, the buyer and seller shall ensure the
acceptance of transiting the product/item to the country of destination in
terms of formal regulations and procedures of customs and hence, they shall
bear the costs of such customs if required.
7.3 CANCELLATIONS,
EXCHANGE, RETURNS & REFUNDS
7.3.1 Cancellation:
7.3.1.1 HOMIEZ, as a vendor, permits cancellation prior to the shipping
process and/or the commencement of processing the order and the consumer shall
receive full refund. However, if the consumer cancels the order after the
product/service has been shipped or the processing of the order has been
initiated, he/she shall be liable to pay cancellation charge, which includes
shipping and process fees, provided that cancellation is not due to an error
from HOMIEZ. If consumer cancels the order after HOMIEZ commenced working on
the order due to reasons other than HOMIEZ’s fault, HOMIEZ will deduct the
costs reasonably incurred from the refund.
7.3.1.2 Vendors selling on HOMIEZ have the right to impose their own
policy concerning cancellation once work has commenced on the order or it has
been shipped and/or delivered.
7.3.1.3 Sellers can request a cancellation for orders that cannot be
fulfilled
7.3.1.4 Buyers can cancel their order and receive full refund while the
seller bears the responsibility in the following cases:
i. Item/service
isn’t delivered within the promised time-frame
ii. Prior
to the processing and/or shipping of the order or within the time-frame
specified in the invoice
iii. Seller has materially changed the item’s description
after the order has been placed or if a clear typographical error has been made
7.3.2 Return:
7.3.2.1 HOMIEZ, as a vendor, permits return between 7 to 14 days depending
on the nature and type of product/service and for reasons specified in the
following provisions, provided that the item is in good condition and unused
along with its packaging, original tags and certificates/documents in addition
to it not being classified as a non-returnable item. Therefore, the consumer
must refer to the specific return conditions for each item before purchase. If return
is due to reasons not caused by HOMIEZ’s error, the consumer shall bear the
shipping charges for both delivery and return. If return is due to HOMIEZ’s
error, HOMIEZ shall bear the costs of returning, delivering, repairing and all
costs incurred in recovering the product/service, otherwise the consumer will
be refunded.
7.3.2.2 Wrong item/service delivered: Buyer must contact the vendor
immediately upon the receipt of the item to request a return and redelivery or
refund. The seller shall bear the costs of returning the wrong item/service and
redelivering it.
7.3.2.3 Damaged/Defective/Counterfeit/ Discrepancy Item:
i. Defective
items: The consumer shall notify the seller within 15 days from date of
delivery unless the seller’s policy provides otherwise.
ii. Damaged/Counterfeit/Discrepancy
items: The consumer shall notify the seller immediately upon delivery, unless
the seller’s policy or terms of services provide otherwise.
iii. Once notified, the seller shall replace the product,
repair the defect or return the item with a full refund to the consumer after
the defect/damage has been inspected, unless the seller’s policy or terms of
services provide otherwise.
7.3.2.4 Change of Mind/Dissatisfaction:
If you are not satisfied with your
order for reasons different than the above, the seller’s terms of return will
apply. Sellers can create rules for replacements, returns and refunds under
certain circumstances or conditions. HOMIEZ’s return policy, as a vendor, in
this situation might vary between 7 to 14 days from the date of delivery,
depending on the nature of the product and whether its returnable (Refer to the
list of non-returnable items). Therefore, it is advised that the consumer is
aware of the specific return conditions for each item and/or category before
purchase.
7.3.2.5 HOMIEZ’s List of Non-Returnable Items:
HOMIEZ’s policy on the return of
products/services is subject to its type and nature and therefore, the consumer
must check the return conditions before purchase.
A general list of non-returnable
items includes, but is not limited to:
• Clearance
items marked as non-returnable
• Grocery
products
• Flowers
and plants
• Consumable
items
• Health,
personal and hygiene care items
• Some
beauty products
• Some
jewellery
• Products
missing the serial number or UPC
• Products
with their retail packaging, seals or boxes opened or missing any tags or
labels
• Products
not in the same condition as received, whether used or damaged
• Certain
product types
• Services,
goods and products that are created, designed or prepared specifically for the
buyer at his/her request, as well as goods to which elements of preferences and
wishes are added.
7.3.3. Refund:
In order to refund the buyer,
HOMIEZ is automatically authorised to request the payment agent to remove the
specified amount from the seller’s account.
The method and process of refund
depends on the payment method used for purchase:
i. Credit/Debit
Card: Payment will be refunded back to the same card within 5-20 business days
subject to the payment gateway policy and process or be processed as credit
note by either HOMIEZ or the vendor depending on the status of the order.
ii. Cash
on Delivery: Refund will be issued as credit note. If the reason of
cancellation/return is not due to vendor’s fault, shipping and COD charges will
be deducted from the payment, unless waived by the vendor.
7.3.4. Exchange:
The process of exchange is subject
to the seller’s policy and to the nature of the product and thus, the customer
should be aware of the exchange policy before purchase.
HOMIEZ, as a vendor, permits
exchange and its policy is subject to the nature and type of product and is
usually between 7 to 14 days from the date of delivery. Consumer must refer to
the return and exchange condition of each item before purchase.
7.3.5. Service Dissatisfaction:
Consumer can file a complaint to
the vendor first and if the issue is not resolved, the consumer can contact
HOMIEZ who will investigate the situation and help reach a resolution and if
such gesture fails, then the consumer has the right to refer to any concerned
authority with the available legal tools. If the consumer is not satisfied with
a service offered by HOMIEZ itself, he/she shall contact HOMIEZ’s Support
Services.
7.4. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
7.4.1. You agree that any user content that you submit will be
accurate, not false or misleading, you are solely responsible for the user
content you submit and HOMIEZ assumes no liability for any user content submitted
by you.
7.4.2. Although HOMIEZ cannot monitor all content, you understand that
HOMIEZ shall have the right but not the obligation, to monitor the content on
the HOMIEZ sites to determine compliance with these Terms and Conditions and
any other operating rules that may be established by HOMIEZ from time to time.
7.4.3. HOMIEZ shall have the right, in its sole discretion, to edit,
move, delete or refuse to post any content submitted to or posted on the HOMIEZ
sites for any reason, including violation of these Terms and Conditions,
whether for legal or other reasons.
Notwithstanding this right of ours, you are solely responsible for any
content you submit and you agree to indemnify HOMIEZ and its affiliates for all
claims resulting from any content you submit.
7.4.4. You may post reviews, comments, photos, videos and other
content; send e-cards and other communications; and submit suggestions, ideas,
comments, questions or other information, so long as the content is not
illegal, racist, disseminating or incitement of hatred, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights
(including publicity rights) or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, advertisement, chain letters, mass
mailings or any form of "spam" or unsolicited commercial electronic
messages. You may not use a false e-mail address, impersonate any person or
entity or otherwise mislead as to the origin of a card or other content. HOMIEZ
does not regularly review posted content but reserves the right (but not the
obligation) to remove or edit such content.
7.4.5. If you do post content or submit material, HOMIEZ may use,
reproduce, modify, adapt, publish, perform, translate, create derivative works
from, distribute and display such content only to the extent permitted to
achieve the purpose of the Agreement. You represent and warrant that you own or
otherwise control all of the rights to the content that you post. You agree
that your user content will be treated as non-confidential and non-proprietary
by us – regardless of whether you mark it “confidential,” “proprietary,” or the
like – and will not be returned.
7.4.6. Each time you submit any user content, you represent and warrant
that you are at least the age of eighteen (18) years old. Otherwise, you either
represent and warrant that you are the parent/legal guardian of a minor, or are
a minor that has all proper consent from the parent/ legal guardian when
depicting in or contributing to any user content submitted.
7.4.7. Content is also provided by third party visitors to the service.
Please note that visitors to the service may post content that is inaccurate,
misleading or deceptive. HOMIEZ neither endorses nor is responsible for any
opinion, advice, information, ratings or statements made by third parties.
HOMIEZ will not be liable for any loss or damage caused by your reliance on
such information or materials. The opinions expressed by third parties reflect
solely the opinions of the parties who submitted such opinions and may not
reflect the opinions of HOMIEZ.
7.4.8. For frequently asked questions about each item or service, the
seller is responsible for the answers provided by him/her or on behalf of
him/her.
7.5. AFTER SALE SERVICES
Any after sales services provided
by the vendors, such as repair, warranties, guarantees, any formal procedures,
fixing and any further complaints, shall be subject to the relationship between
the buyer and the seller. HOMIEZ will not represent a party in such issues.
8. LIMITATION
OF LIABILITY
8.1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
8.1.1. You expressly agree that your use of HOMIEZ’s services is at
your sole risk. HOMIEZ’s services and all information, content, materials,
products (including software) and other services included on or otherwise made
available to you through HOMIEZ’s services are provided by HOMIEZ on an
"as is" and "as available" basis, unless otherwise
specified in writing. HOMIEZ makes no representations or warranties of any
kind, express or implied, as to the operation of the HOMIEZ services or the
information, content, materials, products (including software) or other
services included on or otherwise made available to you through HOMIEZ’s
services, unless otherwise specified in writing.
8.1.2. To the full extent permissible by law, HOMIEZ disclaims all
warranties, express or implied, including, but not limited to availability,
accuracy or content of information, products or services.
8.1.3. HOMIEZ does not warrant that the HOMIEZ services, information,
content, materials, products (including software) or other services included on
or otherwise made available to you through the HOMIEZ services, HOMIEZ’s
servers or electronic communications sent from HOMIEZ, is free of viruses or
other harmful components nor that the service or its server will be error-free,
uninterrupted, free from unauthorized access (including third party hackers or
denial of service attacks) or otherwise meet your requirements.
8.1.4. To the full extent permissible by law, HOMIEZ will not be liable
for any damages of any kind arising from the use of any HOMIEZ service or from
any information, content, materials, products (including software) or other
services included on or otherwise made available to you through any HOMIEZ
service, including, but not limited to direct, indirect, incidental, punitive
and consequential damages, unless otherwise specified in writing.
8.1.5. HOMIEZ is not liable for any personal harm and/or health
complications resulting from the use and/or consumption of the purchased
products/services.
8.1.6. Notwithstanding the foregoing, this section does not apply on
and does not limit the liability of (i) Any express, written product warranty
or related disclaimers that are provided by sellers, manufacturers, specific
third parties or suppliers with regard to a physical product sold in HOMIEZ’s
website or any warranty on a physical product to the extent required by
applicable law; (ii) Sellers, suppliers, specific third parties or
manufactures' liabilities for personal injury to the users of items or services
provided by them through HOMIEZ to the extent not waived under applicable law;
or (iii) Any cause of action the user may have against sellers, suppliers or
manufacturers that is not waived under applicable law. All such presentations
or warranties are solely provided by sellers, manufacturers, specific third
parties or suppliers and not by HOMIEZ.
8.1.7. Third party names, marks, products, advertisements, services,
pop-up texts or links to third party applications may appear on the service. As
permitted by applicable law, in no event will HOMIEZ be liable, directly or
indirectly, to anyone for any damage or loss arising from or relating to any
use, continued use or reliance on any advertisement displayed on the service,
any products, services or other materials relating to any such advertisement,
any third-party services or any link contained in a third-party service. If you
decide to link to any such third-party application, you do so entirely at your
own risk.
8.2. INDEMNITY
You will indemnify and hold us
(including HOMIEZ affiliates and subsidiaries, as well as HOMIEZ and their
respective officers, directors, employees, agents) unaccountable to any claim
or demand, including reasonable legal fees, due to or arising out of your
breach of these Terms and Conditions, your gross negligence to comply with
material Terms and Conditions, your improper use of HOMIEZ’s services or your
breach of any law or the rights of a third party.
9. APPLICABLE
LAW & DISPUTES
9.1. APPLICABLE LAW
By using any HOMIEZ service, you
agree that the Law of the Kingdom of Bahrain will govern these Conditions of
Use and any dispute of any sort that might arise between you and HOMIEZ.
9.2. DISPUTE
9.2.1. Dispute between HOMIEZ and Seller/Buyer:
Any dispute/claim relating to
HOMIEZ’s role in marketplace will be resolved by amicable settlement means and
if all such amicable settlements fail, the matter shall be resolved by the
courts of the Kingdom of Bahrain.
9.2.2. Dispute between Vendor and Buyer:
The vendor and buyer shall try to
resolve the dispute amongst themselves first and if that fails, they can refer
their issue to HOMIEZ, who will investigate the situation and help reach a
resolution through amicable means, and if such gestures fail, then the consumer
has the right to refer to any concerned authority with the available legal
tools.
10. TERMS
& CONDITIONS’ MODIFICATION
10.1 MODIFICATION
HOMIEZ reserves the right, at its
sole discretion, to modify or replace any of the terms of use, policies, apps
or change, suspend and/or discontinue the service (including, without
limitation, the availability of any feature, database or content) at any time
by posting a notice on the sites or by sending an email. HOMIEZ may also impose
limits on certain features and services or restrict your access to parts or all
of the service without notice or liability. It is your responsibility to check
the terms of use periodically for changes and make any objection and order
withdrawal of your account within ten days (10) of receiving the
amendment/modification notice. Your continued use of the service following the
posting of any changes to the terms of use and without any objection duly
communicated to HOMIEZ constitutes acceptance of those changes.
10.2 SEVERABILITY
If any of these Terms and
Conditions shall be deemed invalid, void or for any reason unenforceable, that
condition shall be deemed severable and shall not affect the validity and
enforceability of any remaining condition.
11.
NOTICE AND HOW TO REACH HOMIEZ
11.1 HOMIEZ may provide you with notices and communications by
email, regular mail, postings on the site or by any other reasonable means.
Except as otherwise set forth herein.
11.2 Notice to HOMIEZ must be sent by email, fax or through a
posted letter to HOMIEZ
11.3 You can visit us at https://www.homiez.me.
12. MISCELLANEOUS
12.1 These Terms & Conditions, including any applicable
additional terms and other associated policies, proposals and any enforceable
contract/agreement constitute the entire agreement between you and HOMIEZ with
respect to the service and it supersedes all prior or contemporaneous
communications understandings (whether oral or written) with respect to the
service. No provision of these Terms & Conditions shall be waived except
pursuant to a writing executed by the party against whom the waiver is sought.
In case any conflict arises between these Terms and Conditions and any other
important document, the up-to-date and most relevant document revealing the
exact meaning of intentions between HOMIEZ and the user will prevail, unless
agreed otherwise. No failure to exercise, partial exercise of or delay in
exercising any right or remedy under these Terms & Conditions shall operate
as a waiver or estoppel of any right, remedy or condition. You may not assign,
transfer or sublicense any of your rights or obligations under these Terms
& Conditions without HOMIEZ’s express prior written consent.
12.2 HOMIEZ may assign its rights and obligations under these
Terms and any applicable additional terms, in whole or in part, to any party at
any time without any notice. HOMIEZ will not be responsible for failure to
fulfil any obligation due to causes beyond HOMIEZ’s control. HOMIEZ reserves
the right to prosecute any suspected breaches of these Terms & Conditions
or the service. HOMIEZ may disclose any information as necessary to satisfy any
law, regulation, legal process or governmental request.
13. GENERAL
PROVISIONS
13.1 The failure of HOMIEZ to exercise or enforce any right or
provision of this Terms & Conditions will not constitute a waiver of such
right or provision. Any waiver of any provision of these Terms & Conditions
will be effective only if in writing and signed by HOMIEZ.
13.2 Headings are for reference purposes only and do not limit the
scope or extent of such section.
13.3 HOMIEZ’s failure to act with respect to a breach by you or
others does not waive HOMIEZ’s right to act with respect to subsequent or similar
breaches. HOMIEZ does not guarantee that it will take action against all
breaches of these Terms & Conditions.
13.4 You agree that HOMIEZ shall not be liable to you or any third
party for any suspension or termination of your access to the service. Upon
termination, all provisions of these Terms & Conditions which are by their
nature intended to survive termination, all representations and warranties, all
limitations of liability and all indemnities shall survive such termination.
13.5 If you create or use an account on behalf of a business
entity, you represent that you are authorized to act on behalf of such business
and bind the business to these Terms & Conditions. Such account is owned
and controlled by the business entity.
13.6 No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by these Terms &
Conditions.
Last modified on: 08/01/2020