a. SHOPSPOT: A listing platform for the business ecosystem that enables people to use its facilities and services to connect with the vendors. Items and services can be listed by the vendors on ShopSpot and prospective customers can directly connect with the vendor and agree to the selling and purchasing of their products or services.
b. User: Any type of person accessing the SHOPSPOT service, be a vendor or a consumer. SHOPSPOT’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.
c. Applicable Laws: Refers to any laws, resolutions, rules, or judicial principles now in effect in the Kingdom of Bahrain. When required, international law will be followed.
d. Goods: To indicate tangible things given by the Vendor or intangible products such as software, technology transfer, licenses, patents or other intellectual property offered for sale on SHOPSPOT in accordance with the definitions of the applied laws in Bahrain.
e. Services: The services sold or given by the vendor, such as IT professional services, maintenance services, temporary workforce services, security services, transport services, etc. The term ‘Service’ includes the supply of commodities that are incidental or consequential.
f. Buyer/Consumer/Customer: Any individual or company that utilises the services through the lead generated by SHOPSPOT Platform.
g. Vendor/Service Provider: Any legal entity, whether it is an individual establishment, a company, a broker, an agency or an individual who has a legal right to the goods or services offered by him/her on the SHOPSPOT Platform.
h. User ID and Password: During the registration procedure on SHOPSPOT, all Vendors, must generate a User ID and a Password. The Vendor is responsible for the security and confidentiality of their User ID and Password. SHOPSPOT shall not be held liable for any unauthorized intrusion made on the Vendor account registered in its Platform by any third party using that Vendor’s user id and password, and the Vendor shall be solely responsible for them.
i. Order: Refers to the buyer’s electronic purchase order on SHOPSPOT for the supply of products and services.
2.1. When the User agrees to these terms and conditions, an agreement is formed. Please take the time to go over them thoroughly.
2.2. SHOPSPOT provides a wide range of services, and additional terms may be applicable. (See “Additional Terms”)
3.1. ShopSpot serves as a go-between for Vendors and purchasers, facilitating transactions between them. SHOPSPOT is not a party to any agreements the users have with one another and does not have control over their legal actions. Any arrangement the users have with one another is not part of any agreement with SHOPSPOT.
3.2. ShopSpot can also serve as a vendor and will be bound by the terms and conditions that apply to vendors unless specifically indicated otherwise by ShopSpot.
If you use or download anything from the SHOPSPOT website or service, you are agreeing to the terms and conditions set forth in this document, including the use of any intellectual property (IP) of SHOPSPOT or any of its content providers.
However, you must:
(1) Retain all copyright, trademark or other proprietary markings present on all IP;
(2) Not modify or alter the IP in any manner; and
(3) not provide or make the IP available to any third party.
SHOPSPOT provides users with a safe and user-friendly platform.
5.1 ACCESS TO YOUR ACCOUNT
5.1.1 To utilise certain SHOPSPOT services, you may be needed to have a SHOPSPOT account of your own, as well as a legitimate payment method linked with it. You’re in charge of safeguarding the secrecy of your account and password, as well as limiting who has access to your computer. In addition, you agree to assume responsibility for all activities that occur under your user name or password.
5.1.2 The user is in charge of examining the policies while registering with SHOPSPOT and prior to confirmation. You acknowledge that you have read the Terms and Conditions by clicking the proceed button.
5.1.3 The moment you’ve completed the registration process
E-COMMUNICATIONS AND TRANSACTIONS ACCEPTANCE
5.2. By using or accessing SHOPSPOT, you agree to abide by Bahrain’s E-transactions Laws and all related decisions and changes in all of its regions.
It’s possible that you’re connecting with us electronically when you utilise SHOPSPOT’s services, send e-mails, or send text messages from your desktop or mobile device. Because of this, you agree to receive communications from us electronically, such as e-mails, texts, mobile push notifications, or alerts and messages on our site or through other SHOPSPOT services, and you can keep copies of these communications for your records.
5.4 Permission to contact you, recording calls, and analysing message content
5.4.1 You authorise SHOPSPOT to contact you at any telephone number you supply by autodialed or pre-recorded calls, email, or text message in order to:
5.6 UNLAWFUL OR PROHIBITED USES
5.6.1 Other than the restrictions listed above and below, the service may only be used for legal reasons in line with the licence granted in these Terms & Conditions or Bahraini laws and regulations in effect at the time of usage. For this service, you agree to these terms and conditions, and warrant to SHOPSPOT that you will not use the service for any illegal or prohibited purpose. With respect to yourself or any third person, you may not do the following without SHOPSPOT’s express prior written consent:
126.96.36.199 You may not make any commercial use of the service or its content, including gathering and using information about products (including descriptions, pricing and photos) for the advantage of another merchant.
188.8.131.52 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 SHOPSPOT endorse any statement you make;
184.108.40.206 Commit fraud; violate or circumvent any laws, third-party rights or SHOPSPOT systems, policies or decisions on your account status; engage in fraudulent activities
220.127.116.11 The security of the service has been breached or attempted to be breached in the following ways: I accessing data not intended for you or signing on to a server or an account that you are not permitted to access; (ii) trying to change the functioning of the service; and/or “crashing” or “flooding” the service; “spamming”; “mailbombing”; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting malware to the service; overloading; “flooding;”
18.104.22.168 To send an unlawful or unsolicited email on behalf of SHOPSPOT, including marketing and/or advertising of products or services is prohibited.
22.214.171.124 Abuse, threaten or otherwise violate other people’s legal rights by using the service; including other people’s right to privacy or right of publicity;
126.96.36.199 Collect or harvest personally identifying information about other service users;
188.8.131.52 Restrict or prevent anyone else from using the service (including, but not limited to, by hacking or defacing any part of the service);
184.108.40.206 Inappropriately list or submit content or goods on SHOPSPOT sites and apps;
220.127.116.11 For those who have been temporarily or permanently barred from accessing SHOPSPOT’s sites, services, applications, or tools and cannot make legally binding contracts: use the SHOPSPOT service.
18.104.22.168 Not paying for products you bought, unless you have an acceptable cause as described in the SHOPSPOT policy, such as the Vendor changing the item’s description after you placed your order, or there is a clear typographical error or you are unable to contact the Vendor;
22.214.171.124 Unless you have a valid cause as outlined in SHOPSPOT’s policy, such as the buyer failing to comply with the terms listed in your ad or you are unable to reach the buyer, neglect to deliver things you have sold.
126.96.36.199 Interruption in the listings of other users or manipulation of the pricing of any item
188.8.131.52 Take any action that could put the feedback or rating systems at risk of being undermined;
184.108.40.206 Transfer your SHOPSPOT account (including feedback) and user ID to a third party without SHOPSPOT’s permission;
220.127.116.11 Interfering with the operation of SHOPSPOT’s services or placing an unreasonable or disproportionately high burden on SHOPSPOT’s infrastructure
18.104.22.168 Infringe on SHOPSPOT’s copyright, trademark, patent, publicity, moral, database and/or other intellectual property rights (collectively, “Intellectual Property Rights”). Infringement can be defined as any of the following actions: reproducing or performing or showing or distributing or copying content owned by SHOPSPOT or someone else; preparing derivative works from that content; reverse engineering; decompiling; disassembling
22.214.171.124 Post content that isn’t yours or violate the intellectual property rights of anyone else by using the services;
126.96.36.199 Overcome any technical obstacles that SHOPSPOT has put in place to supply the services.
5.6.2 Customers expect Vendors to satisfy SHOPSPOT’s high standards. If you don’t meet these requirements, SHOPSPOT has the right to restrict, suspend, or downgrade your Vendor account.
5.6.3 Your user account(s) and access to SHOPSPOT’s services may be temporarily or permanently restricted, suspended, or terminated at the sole discretion of SHOPSPOT if it believes you are abusing SHOPSPOT in any way.
5.6.4 In the event that SHOPSPOT has reason to believe that your buying or selling habits are endangering her interests, you may be subject to a variety of measures, including restrictions on your buying and selling privileges, restrictions on listings, suspension of your account, and the application of fees and the recovery of expenses. If you’re a Vendor, you’re responsible for transaction costs associated with all sales conducted using SHOPSPOT’s services, even if the terms of the sale are finalised or payment is made outside of SHOPSPOT.
5.6.5 SHOPSPOT reserves the right to suspend or change its services, including the ability to cancel unconfirmed accounts or accounts that have been dormant for an extended period of time. The right to refuse or cancel all or part of SHOPSPOT’s services to anybody is reserved by SHOPSPOT. SHOPSPOT reserves this right alone.
6.1. ITEM AND SERVICE LISTING TERMS AND CONDITIONS
6.1.1 A listing, sale or use of unlicensed or counterfeit materials without the permission of the original owner of these rights is forbidden by SHOPSPOT, and such allegations will be addressed seriously and in compliance with Bahrain’s intellectual property legislation. .
6.1.2 Any breach will result in the suspension of the Vendor’s account, which will be followed by an investigation, which could lead to termination.
6.1.3 Any breach will result in the suspension of the Vendor’s account, which will be followed by an investigation, which could lead to termination.
188.8.131.52 The item or service mentioned must be lawful and owned or provided by the Vendor, or the Vendor has a legal reason to sell the stated things or services.
184.108.40.206 A product or service can’t be sold if it’s illegal in your area.
220.127.116.11 Items on SHOPSPOT’s Prohibited Item and Service List are not permitted to be used.
18.104.22.168 The Vendor must disclose any rights or obligations on the listed items or service at time of purchase.
22.214.171.124 In addition, the Vendor is required to make clear any information, clarification, warnings or other restrictions mandated by the Consumer Protection Law or any other legislation in Bahrain.
126.96.36.199 Items that have been previously owned but are in good condition and are being sold at a discount are OK as long as the vendor makes this explicit in the product description.
188.8.131.52 Provide an item description that includes the following information for maximum sales:
184.108.40.206 The vendor is responsible for providing any legitimacy, certificates, availability, and other criteria necessary for the provision of services.
6.1.4 Vendors are in charge of assuring the listing is accurate and up to date, as well as determining the minimum payment amount or minimum purchase quantity.
6.1.5 There are no restrictions on the terms and conditions that Vendors can put in place with regard to the return policy and any pricing or promotion terms that apply to the items, products, or services sold through SHOPSPOT. However, this freedom must not conflict with the Terms and Conditions and agreement between Vendors and SHOPSPOT, as well as the laws in effect in the Kingdom of Bahrain and in particular the Customer Protection Law.
6.1.6 The duration of each ShopSpot subscription and/or the feature on the Order ShopSpot directory, is 12 consecutive calendar months (1 year) starting from the “signup” date (i.e. date of launch of website) or the payment date, whichever is earlier.
All subsequent 12-month renewals of the ShopSpot subscription fees will be subject to a maximum increase in fees of 5%, unless otherwise agreed in writing.
There will be no grace period for delays in payment of any subsequent term’s renewal fees, whereby delays will warrant immediate suspension of the Client’s Order ShopSpot directory membership / subscription, ShopSpot subscription and/or eCommerce web store or any other services provided by ShopSpot Technology Services, and will be subject to an activation fee of BD 25 exclusive of any applicable taxes/VAT, in addition to the standard renewal rates at the time, unless otherwise agreed in writing.
Renewal will not require a new agreement, rather confirmation by electronic communication to info@ShopSpotsystems.com, along with successful payment of renewal and other, if applicable, fees, whereby all terms of this agreement remain in force.
6.1.7 Unless SHOPSPOT is the Vendor offering the product/service, it is the Vendor’s responsibility to keep the product/availability service’s (the stock) up to date.
6.1.8 SHOPSPOT aims to offer a platform where purchasers can find what they’re looking for. As a result, postings’ visibility in search and browse results will be determined by a number of variables, including, but not limited to:
220.127.116.11 Buyer’s location, search term, and browsing history ;
18.104.22.168 The item’s location, listing format, price, shipping cost, terms of service, end time, history, and relevance to the user query;
22.214.171.124 Vendor’s history, including listing practices, detailed Vendor ratings, SHOPSPOT’s policy compliance, feedback, and defect rate; and
126.96.36.199 Listings matching the buyer’s search criteria, in number .
188.8.131.52 Because we want to provide the best possible user experience, a listing may be omitted from some search and browse results, no matter what the buyer’s sort order is.
184.108.40.206 The duplicate listing of SHOPSPOT may also influence whether or not your listing appears in search results.
220.127.116.11 Optional recommendations from SHOPSPOT can help you improve your listings. In certain cases, suggestions are based on averaged sales and performance histories of similar sold and current properties; individual results will differ. You agree to allow SHOPSPOT to show other Vendors the sales and performance history of your particular listings in order to improve the recommendations experience.
6.2 THOSE THINGS OR SERVICES THAT ARE BANNED
SHOPSPOT prohibits the listing and sale of different goods to maintain the safety of the SHOPSPOT Platform for SHOPSPOT users. This list of Prohibited Items/Services is by no means complete.
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 must be legally approved or licenced before they can be sold
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:
6.2.14 Items like food, handmade food, food supplements, vitamins, diet goods, muscle enhancers, home cures, and homemade cosmetics were regulated by the Ministry of Health and the National Health Regulatory Authority (NHRA). Anything prohibited by the Ministry of Industry, Commerce, and Tourism or a similar formal body is also taken into account .
6.2.15 Products that are counterfeit or infringe upon the intellectual property rights of a third party, such as:
6.2.16 Devices that enable the unlawful use of copyright materials by evading copyright protection systems or otherwise making it easier to circumvent them (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 SHOPSPOT
6.2.20 Any item that the Shipping Agent restricts to ship (Refer to the shipping conditions of the courier)
6.3. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
6.3.1. You agree that any user content you provide will be truthful and not misleading, and that you alone are responsible for any user content you upload. SHOPSPOT assumes no responsibility for any user content you contribute.
6.3.2. SHOPSPOT cannot monitor every content, but you acknowledge that SHOPSPOT has the right, but not the obligation, to monitor the content on the SHOPSPOT sites to determine compliance with these Terms and Conditions and any other operating standards that SHOPSPOT may set from time to time.
6.3.3. This licence shall automatically terminate if you violate any of these terms and conditions. SHOPSPOT reserves the right to refuse posting any content you submit to or post on the SHOPSPOT sites. If you submit content, you agree to indemnify and hold SHOPSPOT and its affiliates harmless from any claims originating from the content you provide.
6.3.4. If the content you post does not violate any of these terms, 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 does not violate any of these terms, including the right to privacy, infringing on the intellectual property rights of third parties, or otherwise being objectionable and does not consist of or contain any of the following: it is not illegal; racist; disseminating or False e-mail addresses are not permitted.
6.3.5. If you post content or submit material, SHOPSPOT may use, reproduce, edit, adapt, publish, perform, translate, create derivative works from, distribute and display such content only to the degree permitted to meet the objective of the Agreement. You represent and warrant that the content you submit is yours or that you otherwise hold all of the rights to the content. You agree that your user content will be treated as non-confidential and non-proprietary by us – regardless of whether you mark it as “confidential,” “proprietary,” or the like – and will not be returned.
6.3.6. If a customer has a query about something, the Vendor is liable for any responses made by him or on his behalf.
7.1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
7.1.1. Your use of SHOPSPOT’s services is solely at your own risk, as agreed by you while using SHOPSPOT. Unless otherwise specified in writing, all information, content, materials, goods (including software), and other services featured on or otherwise made available to you through SHOPSPOT’s services are provided “as is” and “as available” by SHOPSPOT. SHOPSPOT makes no express or implied representations or warranties, unless otherwise specified in writing, as to the operation of the SHOPSPOT services or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the SHOPSPOT services.
7.1.2. Because of this, SHOPSPOT will not be held liable for any claims arising out of or related to the use or misuse of the information provided on this website.
7.1.3. There are no warranties given by SHOPSPOT, including that the SHOPSPOT services are free of viruses or other harmful components, or that the SHOPSPOT servers or electronic communications sent from SHOPSPOT will be error-free, uninterrupted, or free from unauthorised access (including attacks by third-party hackers or denial-of-service attacks).
7.1.4. No liability is accepted by SHOPSPOT, to the fullest extent permitted by law. Except as otherwise specified in writing, SHOPSPOT will not be liable for any damages of any kind caused by the use of any SHOPSPOT service, or by any information, content, materials, products (including software), and other services included on or otherwise made available to you through any SHOPSPOT service, including without limitation direct, indirect, incidental, punitive and consequential damages.
7.1.5. SHOPSPOT disclaims all responsibility for any injury to you or your health that may arise from using or consuming the acquired goods and services.
7.1.6. Despite the preceding, this section does not apply to and does not limit the liability of any express, written product warranty or related disclaimers provided by Vendors, manufacturers, specific third parties or suppliers with regard to a physical product sold on SHOPSPOT’s website or any warranty on a physical product to the extent required by applicable law; Vendors’, suppliers’, specific third parties or manufactures’ liabilities for personal injury to the third party.
7.1.7. Third-party names, brands, products, ads, services, pop-up texts or links to third-party applications can appear on the service. This means that, to the fullest extent permitted by applicable law, SHOPSPOT will not be responsible to anyone for any damage or loss resulting from or related to the use of the service or any advertisement displayed on the service or to any products, services, or other materials related to such advertisements or to any third-party services or links contained in a third-party service. If you elect to use a third-party programme, you do so at your own risk.
You agree to hold us (including SHOPSPOT affiliates and subsidiaries, as well as SHOPSPOT and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, due to or arising out of your breach of these Terms and Conditions, your gross negligence in complying with material Terms and Conditions, your improper use of SHOPSPOT’s services, or your violation of any law or third-party rights or your breach of these Terms and Conditions.
8.1. APPLICABLE LAW
It is your agreement that by using any SHOPSPOT service, you will submit to the jurisdiction of the courts located in Bahrain in all disputes that occur between you and SHOPSPOT.
8.2.1. Dispute between SHOPSPOT and Vendor/Buyer:
If there is a disagreement between SHOPSPOT and a Vendor or buyer, it will be settled amicably, and if that fails, the matter will be decided by the courts of the Kingdom of Bahrain.
8.2.2. Dispute between Vendor and Buyer:
Vendor and buyer must first attempt to resolve the dispute amicably, and if that fails they can take their issue up with SHOPSPOT, who will investigate the situation and assist in reaching an amicable resolution. If such gestures fail, then consumers can take their issue up with any relevant authority using legal tools available to them.
If any of these Terms and Conditions are found to be invalid, void, or otherwise unenforceable, that condition will be deemed severable and will not impact the validity and enforceability of any remaining provision.
10.1 In addition to email, normal mail, and postings on the site, SHOPSPOT may contact you by any other reasonable means to give alerts and communications. Except as expressly specified herein,
10.2 SHOPSPOT must be notified via email, fax, or by posting a letter to SHOPSPOT’s attention.
10.3 You can visit us at www.shopspot.app
11.1 There are no other agreements between you and SHOPSPOT with respect to the service other than these Terms and Conditions, including any applicable additional terms, policies, proposals, and any enforceable contract/agreement. This agreement supersedes all prior or contemporaneous communications understandings (whether oral or written) with respect to the service. No term of these Terms & Conditions may be waived except by a written instrument signed by the party against whom the waiver is sought. The most recent and most relevant document indicating the exact meaning of intents between SHOPSPOT and you will prevail in the event of any discrepancy between these Terms and Conditions and any other key document.
11.2 SHOPSPOT may transfer or assign its rights and responsibilities under these Terms and any other applicable terms to any party at any time without notice. SHOPSPOT will not be held liable for any obligations that cannot be met due to reasons beyond SHOPSPOT’s control. SHOPSPOT retains the right to investigate and bring legal action against anyone found in violation of these Terms & Conditions or the service. SHOPSPOT may be required to make any information available to comply with the law, regulation, legal process, or governmental request.
12.1 It will not be considered a waiver of SHOPSPOT’s rights or obligations under these Terms and Conditions if the company fails to exercise or enforce any provision of them. Only a written and signed waiver by SHOPSPOT, indicating your agreement to waive any term of these Terms & Conditions, will be valid.
12.2 Section headings are there for the reader’s convenience only; they have no bearing on the content of the body of the section.
12.3 You or others breaching this agreement without SHOPSPOT acting does not give SHOPSPOT the right to ignore future breaches of this agreement. SHOPSPOT cannot promise that it will take action in response to any violation of these Terms and Conditions.
12.4 You acknowledge and agree that SHOPSPOT will not be liable to you or any third party in the event of any suspension or termination of your access to the service by SHOPSPOT without notice. Upon termination, all provisions of these Terms & Conditions that, by their nature, are meant to survive termination, including all representations and warranties, all limitations of liability, and all indemnities, will survive the termination.
12.5 This agreement binds you to these terms and conditions on behalf of the entity for whom your account was created or for which you are using it. A company-owned and-controlled account is one like this.
12.6 This agreement does not constitute any kind of employee-employer or franchisor-franchisee relationship, whether express or implied.