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Terms & Conditions

1.      Introduction

1.1    These terms and conditions shall govern your use of our website.

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    If you register a seller account with our website, submit any material to our website or use any of our website business services, we will ask you to expressly agree to these terms and conditions.

2.      Copyright notice

2.1    Copyright (c) 2021 Riwaya.

2.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    our website and the material published on it are protected by copyright laws and treaties around the world. All such rights are reserved.

3.      Permission to use website

3.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

(d)    stream audio and video files from our website, where available, using any relevant media player found on our website; and

(e)    use our website services, by means of a web browser,

        subject to the other provisions of these terms and conditions.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3    You may only use our website for your own personal OR business purposes, when registered; you must not use our website for any other purposes.

3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website. You cannot modify the paper or digital copies of any materials you have printed or downloaded in any way. In addition you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

3.5    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

3.6    Notwithstanding Section 3.5, you may redistribute our newsletter or relevant marketing material in both print and electronic form to any person.

3.7    We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during routine server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

3.8    The user is responsible for ensuring that all persons who access the website through the user’s internet connection are aware of the terms of use  and that they comply with them.

3.9    Riwaya maintains the status (and that of any licensors or other identified contributors) as the authors of content on the website and must always be acknowledged by the user.

3.10  If you print off, copy or download any part of our website in breach of these terms, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.      Misuse of website

4.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    hack or otherwise tamper with our website;

(d)    probe, scan or test the vulnerability of our website without our permission;

(e)    circumvent any authentication or security systems or processes on or relating to our website;

(f)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g)    impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h)    decrypt or decipher any communications sent by or to our website without our permission;

(i)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j)    access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k)    use our website except by means of our public interfaces;

(l)     violate the directives set out in the robots.txt file for our website;

(m)   use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n)    do anything that interferes with the normal use of our website.

4.2    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5.      Use on behalf of organisation

5.1    If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a)    yourself; and

(b)    the person, company or other legal entity that operates that business or organisational project,

        to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity.

6.      Buyer registration and accounts

6.1    This Section 6 applies to buyers and prospective buyers.

6.2    You may register for a buyer account with our website by completing and submitting the steps on the account registration form on our website.

7.      Seller registration and accounts

7.1    This Section 7 applies to sellers and prospective sellers.

7.2    You may register for a seller account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

7.3    You must go through the necessary verification checks to complete your account.

7.3    You must keep your seller account information up to date.

8.      User login details

8.1    If you register for an account with our website, you will be asked to choose a user ID and password.

8.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 20; you must not use your account or user ID for or in connection with the impersonation of any person. 

8.3    You must keep your password confidential.

8.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

8.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

9.      Cancellation and suspension of account

9.1    We may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)    edit your account details,

        at any time in our sole discretion without notice or explanation, providing that if we cancel any additional services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology. Refund is referring to any payments to the marketplace in relation to any additional services and is not referring to any fees related to base marketplace commission.

9.2    In the case that you may cancel your account on our website, you may do so by letting us know as soon as you wish to cancel your account. You will be entitled to a refund if you cancel your account and you are part way through a service, in accordance with this Section 9.2. We are entitled to charge reasonable compensation to cover any fees that have incurred in providing the service. Refunds are in reference to the explanation found in Section 9.1.

10.    Distance contracts: cancellation right

10.1  This Section 10 applies if and only if the seller is a trader (a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf) and the buyer is a consumer (an individual acting wholly or mainly outside his or her trade, business, craft or profession).

10.2  The buyer may withdraw an offer to enter into a contract with a seller through our website or cancel a contract entered into with a seller through our website (without giving any reason for the withdrawal or cancellation) at any time within the period:

(a)    beginning upon the submission of the buyer's offer; and

(b)    ending at the end of 14 days after the day on which the goods come into the buyer's physical possession or the physical possession of a person identified by the buyer to take possession of them (or, if the contract is for delivery of multiple goods, lots or pieces of something, 14 days after the day on which the last of those goods, lots or pieces comes into the buyer's physical possession or the physical possession of a period identified by the buyer to take possession of them).

10.3  In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 15, the buyer must inform the seller of the buyer's decision to withdraw or cancel (as the case may be). The buyer may inform the seller by means of any clear statement setting out the decision. In the case of cancellation, the buyer may inform the seller using the cancellation form that we or the seller will make available to the buyer. To meet the cancellation deadline, it is sufficient for the buyer to send the communication concerning the exercise of the right to cancel before the cancellation period has expired.

10.4  If the buyer cancels a contract on the basis described in this Section 10, the buyer must send the products back to the seller (to the address specified by the seller on our website) or hand them over to the seller or a person authorised by the seller to receive them. The buyer must comply with this obligation without undue delay and in any event not later than 14 days after the day on which the buyer informs the seller of the decision to cancel the contract. The buyer must pay the direct cost of returning the products.

10.5  If the buyer cancels an order in accordance with this Section 15, the buyer will receive from the seller a full refund of the amount you paid to the seller in respect of the order including the costs of delivery to the buyer, except:

(a)    if the buyer chose a kind of delivery costing more than the least expensive kind of delivery that the seller offers, the seller reserves the right to retain the difference in cost between the kind of delivery the buyer chose and the least expensive kind of delivery that the seller offer; and

(b)    as otherwise provided in this Section 10.

10.6  If the value of the products returned by the buyer is diminished by any amount as a result of the handling of those products by the buyer beyond what is necessary to establish the nature, characteristics and functioning of the products, the seller may recover that amount from the buyer up to the contract price. The seller may recover that amount by deducting it from any refund due to the buyer or require the buyer to pay that amount direct to the seller. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.

10.7  The seller will refund money using the same method used to make the payment, unless the buyer has expressly agreed otherwise. In any case, the buyer will not incur any fees as a result of the refund.

10.8  Unless the seller has offered to collect the products, the seller will process a refund due to the buyer as a result of a cancellation on the basis described in this Section 15 within the period of 14 days after the day on which the seller receive the returned products or (if earlier) after the day on which the buyer supplies to the seller evidence of having sent the products back. If the seller has not sent the products at the time of withdrawal or cancellation or has offered to collect the products, the seller will process a refund due to the buyer without undue delay and, in any case, within the period of 14 days after the day on which the seller is informed of the withdrawal or cancellation.

10.9  The buyer will not have any right to cancel a contract as described in this Section 15 insofar as the contract relates to:

(a)    the supply of any sealed audio recordings, sealed video recordings or sealed computer software which have been unsealed by the buyer;

(b)    the supply of products the price of which is dependent upon fluctuations in financial markets which the seller cannot control and which may occur during the cancellation period;

(c)    the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;

(d)    the supply of goods which are liable to deteriorate or expire rapidly;

(e)    the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by the buyer, or goods that are clearly personalised;

(f)    the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by the buyer

(g)    the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.; and

10.10  If there is a dispute between a buyer and seller in relation to a purchase, which the parties cannot rectify despite using their reasonable endeavours to do so, the buyer and/or the seller may raise a ticket with us to provide mediation services to assist the buyer and seller with communication and resolution of any issues. If such a ticket is raised and we are asked to provide such services, you agree to comply with the terms of this clause 15.10 and authorise us to make a final decision on any individual case

Actions taken following mediation can include:

Where an issue is resolved in the buyer’s favour or the seller is found to be at fault, the seller may choose or will otherwise be required to reimburse the buyer in full or in part and the buyer may be required to return any items received by the seller, at the seller’s expense.  For this purpose, you, in the capacity of a seller authorise and instruct us to: collect from you, the amount required to reimburse the buyer; or (if we are unable to collect the relevant amount), increase the commission payable by you to cover the cost of reimbursing the buyer.

Where an issue is resolved in the seller’s favour or the buyer is found to be at fault, we may remove or restrict the buyer’s ability to provide feedback on the particular product in question.

We may suspend or otherwise refuse to provide mediation services without notice, if we suspect in our reasonable opinion that any party has provided false, inaccurate or misleading information or is otherwise abusing the service.