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Marketplace Service Agreement

Marketplace Agreement

These terms and conditions constitute a legally binding agreement between The Baby Garage, a limited liability company established in the Arab Republic of Egypt (hereinafter referred to as “THE BABY GARAGE”, “we”, “our”, or “us”), and the user of the application, website, content, product, or services (collectively the “Application”).

1. Preamble

  • 1.1 These terms and conditions (hereinafter referred to as the “Terms and Conditions”) apply to any user who creates an account or uses THE BABY GARAGE’s application or website including the sellers, buyers, suppliers, partners, end-users, and merchants (hereinafter referred to as “you”) and shall govern your use of the Application and Services.
  • 1.2 By using the Application, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you shall immediately cease using the Application.
  • 1.3 If you use the Application in the course of a business (i.e., as a Seller), then by so doing you:
    • 1.3.1 confirm that you have obtained the necessary authority/license to agree to and be bound by these Terms and Conditions;
    • 1.3.2 bind both yourself and the person, company, or other legal entity that operates that business to these Terms and Conditions; and
    • 1.3.3 agree that "you" in these Terms and Conditions shall reference both the individual user and the relevant person, company, or legal entity unless the context requires otherwise.

2. The Entire Agreement

  • 2.1 These Terms and Conditions, along with the Privacy Policy, hereby sets out the whole agreement and understanding between THE BABY GARAGE and you in relation to the use of this Application.
  • 2.2 Your access and use of the Application constitute your agreement to be bound by these Terms and Conditions, which establishes a contractual relationship between you and THE BABY GARAGE. These Terms and Conditions expressly supersede prior agreements or arrangements with you. THE BABY GARAGE may immediately terminate these Terms and Conditions, or generally cease or deny your access to the Application, at any time and for any reason.

3. Services

THE BABY GARAGE provides an e-commerce platform consisting of a website and mobile application that allows individuals and merchants (hereinafter referred to as the “Suppliers”) to offer their products on the Application to be purchased by the users of the application (the “Service(s)”) when they visit or shop at THE BABY GARAGE’s Application.

We reserve the right to introduce new services and update or withdraw any of our Services, in our sole discretion, and we will not be liable to you for exercising this discretion.

4. Your Account

In order to use the Services, you will need to register and maintain an account on the Application. If you use any of the Services you (i) acknowledge that you are above the legal age to use the Services; (ii) are able to provide an address in the Arab Republic of Egypt for delivery of products; (iii) are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and to the extent permitted by applicable law, you agree to accept responsibility for all activities that occur by using your account. You should take all necessary measures to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.

In order to register for the Application, you will need to provide us with certain information. Your registration to the Application may not be accepted if you do not provide us with the required information. We reserve the right to decline any registration without further explanation. We reserve the right to undertake the checks necessary to verify your identity.

You acknowledge and agree that you will provide true, accurate, current, and complete information about yourself and your use of the Services as required by us.

5. Use of Services

  • 5.1 THE BABY GARAGE allows Suppliers to offer their products on the Application to be purchased by the individual user.
  • 5.2 THE BABY GARAGE shall not be a party to the buying and selling process that takes place between the buyer and the seller.
  • 5.3 The Suppliers are responsible for the sale of the products and for dealing with any of your claims or any other issue arising from or in connection with the agreement between you and the Suppliers.

6. License to Use

6.1 Subject to these Terms and Conditions, THE BABY GARAGE grants you a limited, non-exclusive, revocable, and non-transferable license to access and use the Application solely in connection with the use of the Services and any content, and related information that may be made available through the Application.

6.2 Any rights not expressly granted to you in these Terms and Conditions are reserved to THE BABY GARAGE.

6.3 You shall not use any Service: (i) in any way that causes, or is likely to cause, interruption, damage, or impairment in any way to the Application or Service; or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activities.

6.4 THE BABY GARAGE reserves the right to refuse offering Services, suspend accounts, or remove or edit your content if you breach the applicable laws, these Terms and Conditions, or any other guidelines or policies.

7. Rules of Content

7.1 Your works and materials such as text, graphics, images, information, material, descriptions, and files, comments, reviews, feedback (hereinafter collectively referred to as “Content”) that you submit to us or the Application for storage or publication, processing by, or onward transmission shall be accurate, complete and truthful.

7.2 Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet, and shall not:

  • 7.2.1 be offensive, obscene, indecent, pornographic, lewd, suggestive, or sexually explicit;
  • 7.2.2 depict violence in an explicit, graphic, or gratuitous manner; or
  • 7.2.3 be blasphemous, in breach of racial or religious hatred or discrimination legislation;
  • 7.2.4 be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory, or inflammatory;
  • 7.2.5 cause annoyance, inconvenience, or needless anxiety to any person; or
  • 7.2.6 constitute spam.

8. Indemnification

You hereby indemnify us, and undertake to keep us indemnified, against:

  • 8.1 any and all losses, damages, costs, liabilities and expenses (including without limitation, legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our Application or any breach by you of any provision of these Terms and Conditions or Privacy Policy; and
  • 8.2 any VAT liability or other tax liability that we may incur in relation to any sale, supply, or purchase made through our application, arising out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due.

9. Return Policy

9.1 Returns of products by buyers and acceptance of returned products by sellers shall be managed by us. Acceptance of returns shall be at our discretion, subject to compliance with the applicable laws.

9.2 Our rules on refunds shall be exercised at our discretion, subject to applicable laws of the territory and in consideration of the following:

  • 9.2.1 The product price;
  • 9.2.2 Local and/or international shipping fees;

9.3 Changes to our return policy as soon as they are effective in respect of all purchases on our Application.

9.4 If the product type does not state another returns time frame, our standard 30-day return policy applies.

9.5 For Mistaken Returns, please refer to our Customer Support for reshipping fees and timing.

10. Data Privacy and Confidentiality

10.1 Buyers agree to process their personal data in accordance with the terms of THE BABY GARAGE’s Privacy Policy.

10.2 THE BABY GARAGE shall process all personal data obtained through the Application and Services in accordance with the terms of our Privacy Policy.

10.3 Sellers shall be directly responsible to buyers for any misuse of their personal data and THE BABY GARAGE shall bear no liability to buyers in respect of any misuse by sellers of their personal data.

10.4 THE BABY GARAGE is not responsible for the leakage of any personal data of buyers due to inadequate protection measures of sellers or due to sharing with third parties.

11. Electronic Communications

We will communicate with you electronically in a variety of ways, such as by e-mail, short messages service (SMS), or in-app notification.

12. Intellectual Property Rights

12.1 You acknowledge that THE BABY GARAGE is the exclusive owner of the intellectual property rights in connection with the Application, and your use of the Application does not constitute a waiver of any of the intellectual property rights including the trademarks, content, and icons included in or made available through the Application.

12.2 Nothing in these Terms and Conditions may be construed as granting you any of the intellectual property rights referred to in this clause (12).

12.3 You agree that (i) you have no right to use any of our trademarks without our prior written consent; (ii) all rights not expressly granted to you in these Terms and Conditions are reserved and retained by us.

13. Third-Party Services

THE BABY GARAGE allows third-party suppliers to list and sell their products on the Application. We are not responsible for examining or evaluating these products. THE BABY GARAGE shall not be responsible or liable for the actions, products, and content of these third parties.

14. Limitation of Liability

14.1 We will do our utmost to ensure that the availability of the Services will be uninterrupted. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services.

14.2 THE BABY GARAGE shall not be responsible for (i) any losses that were not caused by any breach from its part, (ii) any commercial loss (including loss of profits, revenue, data), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when these Terms and Conditions were entered.

14.3 We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause, which is beyond our reasonable control.

15. Severance

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable in any way by applicable laws, the validity, legality, and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired.

16. No Waiver

Any delay in exercising or non-exercise by THE BABY GARAGE of any entitled right, power, or remedy under these Terms and Conditions or by law shall not be considered as a waiver of that right, power, or remedy.

17. Assignment

17.1 You shall not assign these Terms and Conditions or your rights and obligations hereunder without obtaining the prior written consent of THE BABY GARAGE.

17.2 THE BABY GARAGE is entitled to assign these Terms and Conditions - in whole or in part - or its rights and obligations hereunder without your prior approval.

18. Applicable Law and Dispute Resolution Mechanism.

These Terms and Conditions are governed by and construed in accordance with the laws of the Arab Republic of Egypt. Any dispute arising out or in connection with these Terms and Conditions shall be settled through the competent courts of the Arab Republic or Egypt.

19. Amendments to the Terms and Conditions

19.1 THE BABY GARAGE reserve the right to amend these Terms and Conditions at any time. Amendments will be effective upon notifying you, regardless of your approval or confirmation of receipt.

19.2 Your continued access or use of the Services after such amendment constitutes your consent to be bound by the amended Terms and Conditions.

20. Notices

We may send notices via in-app notification or e-mails.

You may address THE BABY GARAGE at the following email: [email protected]