TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS
Openmercado provides a collection of online resources, including classified ads, responses, reminders & updates (referred to hereafter as “the Service”) subject to the following terms and conditions (“Terms”). By using the Openmercado in any way, you are agreeing to comply with these Terms. In addition, when using Openmercado.com, you agree to abide by any applicable posted guidelines for all Openmercado.com services, which may change from time to time. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Openmercado.com in any way, your only recourse is to immediately discontinue use of Openmercado.com. You are, however, encouraged to inform/complain to our customer care team who will do their best to address your concern(s).
This Website provides information, data, content, photo, picture, video, audio and other materials and items – tangible or intangible about Openmercado.com, its brands, venues, events & promotions, catering solutions, job opportunities etc [collectively, the “information”]. Whilst we endeavor to ensure that the information contained in this Website is correct, we make no representations, nor do we give any warranties [either express or implied] as to its completeness, accuracy, reliability, fitness or timeliness for any purpose. We do not accept liability for the contents of other websites or anything uploaded on this Website or linked to this Website, including but not limited to any fallacies, errors, omissions, infringements, libel, lies or any other material or omission that is likely to be illegal or gives rise to a claim or complaint.
2. USER CONDUCT
Users of this Website are expressly forbidden to:
2.1 Without prior authorization by Openmercado.com, attempt to access to, or any form of trespass into, or use any other parts of our servers or data areas.
2.2 Restrict or inhibit or attempt to restrict or inhibit any other users from using and enjoying this Website.
2.3 Post or transmit any of the following to the Website
2.3.1 Unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable information of any kind of offence, or that which gives rise to civil liability, or otherwise violate any local, state, national or foreign law, infringe any intellectual property right, proprietary rights or confidentiality obligations of others;
2.3.2 Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming of flooding;
2.3.3 Post or transmit any information or software, which contains a virus, Trojan horse worm or other harmful component;
2.4 Use any of the information obtained through this website for any purpose without prior written permission from Alawooz
2.5 Use this Website to, in any way, infringe the intellectual property rights of any other person or invade the privacy of other users or acquire their identities or any other personal details
3. THIRD PARTY CONTENT, SITES, AND SERVICES
3.1 The Openmercado.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Openmercado.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
3.2 Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
3.3 You agree that Openmercado.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Openmercado.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Openmercado.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
4 DATA COLLECTION STATEMENT
When you register as a member of or use this Website you may have to provide personally-identifiable information [including but not limited to your name, gender, age range, contact details and email address] [“Data”]. You agree to provide such information to Openmercado.com voluntarily. If the information you provided is incomplete or incorrect, Openmercado.com will be unable to register you as a member or provide or continue to provide related services or may not allow you to enter or may discontinue your use of this Website. You assure Openmercado.com that the information you provided is correct, truthful, valid and complete. Openmercado.com has the right, without notice to cancel your registration, delete you from our database, cancel your membership and qualifications and / or refuse to allow you to use this Website or its services now or in the future. Any information submitted by you to this Website may be published, broadcast, uploaded, displayed and used by us, by providing Openmercado.com with such information, you have implicitly played without our domain.
5. MARKETING COMMUNICATION
Openmercado.com communicates with you as a registered member through the email id and/or mobile number that is specified in your account. We shall use this email address and/or mobile number to send you following types of communications:
a) E-mails/SMS related to your account,
b) Introduction of new services on Openmercado.com and/or features in your account,
c) Newsletters that you are subscribed to,
d) Updates about changes in our policies.
Please note that these communications may contain commercial messages of advertisers; however, Openmercado.com does not provide your personal information including email and mobile number to any of the advertisers. You may opt out of the newsletters or promotional announcements anytime at your wish.
6. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to Openmercado.com email addresses or through Openmercado.com computer systems, which is expressly prohibited by these Terms, will use or cause to be used Openmercado.com servers. Any unauthorized use of Openmercado.com computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
7. LIMITATIONS ON SERVICE
You acknowledge that Openmercado.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Openmercado.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Openmercado.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Openmercado.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. ACCESS TO THE SERVICE
8.1 Openmercado.com grants you a limited, revocable, non-exclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Openmercado.com. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in Openmercado.com listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
8.2 Openmercado.com permits you to display on your website (only upon taking permission from Openmercado.com ), or create a hyperlink on your website to, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media).
9 PROMOTIONAL ACTIVITIES
Openmercado.com will periodically carry out promotional activities on this Website. If the promotional activity involves the winning of discounts, prizes or other rewards, Openmercado.com will be the final arbitrator of the total percentage of discount & the total number of vouchers awarded according to its records and you shall not dispute such decision.
10. TERMINATION OF SERVICE
You agree that Openmercado.com , in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Openmercado.com believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Openmercado.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
11. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Openmercado.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Openmercado.com, and agree to abide by all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Although Openmercado.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Openmercado.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Openmercado.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
12. DISCLAIMER OF WARRANTIES
Openmercado.com SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Openmercado.com SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Openmercado.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Openmercado.com SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Openmercado.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Openmercado.com SITE OR THE SITES OR SERVICE OR ACCESSED THROUGH ANY LINKS ON THE Openmercado.com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Openmercado.com DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Openmercado.com SITE OR THE SERVICE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
13. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Openmercado.com BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Openmercado.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Openmercado.com SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Openmercado.com SITE OR THE SERVICE, FROM INABILITY TO USE THE Openmercado.com SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Openmercado.com SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Openmercado.com SITE OR THE SERVICE OR ANY LINKS ON THE Openmercado.com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Openmercado.com SITE OR THE SERVICE OR ANY LINKS ON THE Openmercado.com SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Openmercado.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another
15. GENERAL INFORMATION
The Terms constitute the entire agreement between you and Openmercado.com and govern your use of the Service, superseding any prior agreements between you and Openmercado.com. The Terms and the relationship between you and Openmercado.com shall be governed by the UAE laws without regard to its conflict of law provisions. You and Openmercado.com agree to submit to the personal and exclusive jurisdiction of the courts located within UAE. The failure of Openmercado.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
PLEASE REPORT ANY VIOLATIONS OF THE TERMS, BY FLAGGING THE POSTING(S) FOR REVIEW, OR BY EMAILING TO COMPLAIN AT firstname.lastname@example.org OUR FAILURE TO ACT WITH RESPECT TO A BREACH BY YOU OR OTHERS DOES NOT WAIVE OUR RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES.YOU UNDERSTAND AND AGREE THAT, BECAUSE DAMAGES ARE OFTEN DIFFICULT TO QUANTIFY, IF IT BECOMES NECESSARY FOR Openmercado.com TO PURSUE LEGAL ACTION TO ENFORCE THESE TERMS, YOU WILL BE LIABLE TO PAY Openmercado.com THE FOLLOWING AMOUNTS AS LIQUIDATED DAMAGES, WHICH YOU ACCEPT AS REASONABLE ESTIMATES OF Openmercado.com DAMAGES FOR THE SPECIFIED BREACHES OF THESE TERMS:
16.1 IF YOU POST A MESSAGE THAT:
a) IMPERSONATES ANY PERSON OR ENTITY;
b) FALSELY STATES OR OTHERWISE MISREPRESENTS YOUR AFFILIATION WITH A PERSON OR ENTITY; OR
c)THAT INCLUDES PERSONAL OR IDENTIFYING INFORMATION ABOUT ANOTHER PERSON WITHOUT THAT PERSON’S EXPLICIT CONSENT,
16.2. IF YOU SEND UNSOLICITED EMAIL ADVERTISEMENTS TO ALAWOOZ EMAIL ADDRESSES OR THROUGH Openmercado.com COMPUTER SYSTEMS, YOU AGREE TO PAY FOR EACH SUCH EMAIL AS PER THE UAE LAW
16.4. IF YOU AGGREGATE, DISPLAY, COPY, DUPLICATE, REPRODUCE, OR OTHERWISE EXPLOIT FOR ANY PURPOSE ANY CONTENT (EXCEPT FOR YOUR OWN CONTENT) IN VIOLATION OF THESE TERMS WITHOUT Openmercado.com EXPRESS WRITTEN PERMISSION, YOU AGREE TO PAY Openmercado.com IN SUCH CONDUCT.
Otherwise, you agree to pay Openmercado.com’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Openmercado.com retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
17 NO GUARANTEE BUSINESS
Openmercado.com does not guarantee business from the leads generated. Openmercado.com shall not be responsible or liable at all to the Advertiser if no business or business leads are generated. Accuracy of the information/content provided is the advertiser’s responsibility and Alawooz will not be held responsible for false claims made by the advertiser.
We welcome your questions and comments on this document