Terms of Service

Welcome to www.mepemart.com (“Site”). The owner and operator of the Site is MEP Emart Technologies LLC, a limited liability company registered in Sharjah Media City, Under Government of Sharjah Free Zone Authority, United Arab Emirates (“UAE”) under license number 2111694.01, with its office located at 10, Level 1, Sharjah Media City, Sharjah, UAE (referred as “MEP Emart” “we”, “our” or “us”).

These Terms of Use and all policies and additional terms (if applicable) posted on the site set out the terms on which we offer “user” or “superuser” or “Sub user” or “Vendor” access to and use of our Digital Platform, services and applications.

By accessing, registering and/or continuing to use or access our services, “user” or “superuser” or “Sub user” or “Vendor” is agreeing to be bound by these Terms of Use and the Legal Documents with immediate effect. These Terms of Use and the Legal Documents are subject to change by us at any time. “user” or “superuser” or “Sub user” or “Vendor” continued use of the site following any such change constitutes agreement to these Terms of Use and Legal Documents as so modified.

References in these Terms of Use to ““user” or “superuser” or “Sub user” or “Vendor”” (or similar) are references to “user” or “superuser” or “Sub user” or “Vendor” as legal entities only.

Definitions

MEP Emart or Platform”, “Service's” or “System” shall mean web-based software platform offered to “user” or “superuser” or “Sub user” or “Vendor” by MEP Emart and the underlying servers and software used to provide it hereinafter referred as “MEP Emart” or “Company” or “Product” or “Platform” or “us”

“Account” shall mean an account or Vendor with MEP Emart to use the platform on subscription basis. Referred as “user” or “superuser” or “Sub user” or “Vendor” “or “Account “or “Vendor” or “You” or “Yours”

“Agreement” or “Terms” shall mean these Terms of Service including any annexes thereto which form an integral part thereof and which in their totality govern “user” or “superuser” or “Sub user” or “Vendor” relationship with MEP Emart.

“Sites” refers to each MEP Emart online store or the services offered on those sites in addition to any sub-pages that are integrated within them.

“Data” means product and associated information uploaded by a “user” or “superuser” or “Sub user” or “Vendor” to the User Panel Platform.

“Subscription” means the right to access the system within the subscribed period.

“Subscription Plan” shall mean one of the different subscription packages through which “user” or “superuser” or “Sub user” or “Vendor” can use the services. The fees and objectives for each subscription Plan are set forth on the MEP Emart sites or provided in an order form that may differ from those on the Sites.

“Subscription Fee” means the amount paid as Subscription.

“Subscription Term” means the period for which subscription to the Services shall be made available to “user” or “superuser” or “Sub user” or “Vendor” by MEP Emart.

“Maximum “user” means the maximum number of ‘“user” or “superuser” or “Sub user” or “Vendor”’ permitted as per the Subscription plan.

“user” or “superuser” or “Sub user” or “Vendor” means who accesses the platform, you or your employees, your representatives or your agents who are assigned authorized to login and use your workspace and operate.

“Third-Party Platforms or Provider” means products and professional services provided by third parties which inter-operates with or are used in connection with the Services.

“Deliverable” – means any software, service, documentation, or other materials, expressly required to be delivered to the “user” or “superuser” or “Sub user” or “Vendor” in accordance with the Subscription Plan or order Form.

Terms of Service

This Terms of Services Agreement (this “Agreement”) contains the terms under which MEP Emart provides products to “user” or “superuser” or “Sub user” or “Vendor” and describes how the product may be accessed and used. “user” or “superuser” or “Sub user” or “Vendor” must agree to all terms and conditions contained in this agreement and expressly referenced in this agreement before using the product even in the trial period.

If a “user” or “superuser” or “Sub user” or “Vendor” chooses the MEP Emart platform, on behalf of an entity or other organization, the “user” or “Sub user” or “Vendor” agrees to these Terms on behalf of that entity or organization and the Owner represents such authority. ““user” or “superuser” or “Sub user” or “Vendor”, “Vendor” or and “Owner” or “You” & “Your”, will refer to that entity or organization legally licensed to operate such activity only.

When ““user” or “superuser” or “Sub user” or “Vendor”” subscribes to MEP emart or accesses the Platform, the “user” or “superuser” or “Sub user” or “Vendor” agrees to be bound by these Terms and applicable laws, rules, and regulations. “user” or “superuser” or “Sub user” or “Vendor” may be asked to click “I accept” or sign or “agree” at the appropriate place prior to “user” or “superuser” or “Sub user” or “Vendor” access to our product. At such times, if the “user” or “superuser” or “Sub user” or “Vendor” does not click “I accept”, the “user” or “superuser” or “Sub user” or “Vendor” may not be able to access our platform.

MEP Emart customers are referred as “Vendor” or ““user” or “superuser” or “Sub user” or “Vendor” business entities operating in UAE and it is mandatory as per law, “Vendor” shall have company with appropriate license for the activity and other legal requisites like VAT, NOC for practicing e-activity from TRDA and other registrations as prescribed in UAE law.

All third-party service providers of MEP Emart are not our partners, agents, or employees; their terms and conditions shall directly bind between “user” or “Vendor” and such third-party service providers, and we assume no liability or responsibility on any breach by either party.

“user” or “superuser” or “Sub user” or “Vendor” shall bear provided with adequate privacy to any interactions / communication / negotiations between you and your customers, your purchaser, or your end user, MEP Emart, we in any point of the transactions way do not collaborate or associate with any of our subscribers or / customers/ end user, and we assume no liability or responsibility directly or indirectly.

MEP Emart is a multi-vendor and multi store marketplace in which “Vendor” sell their products or services on their own domain, which has been mapped with vendor specific online store, which has been made using MEP Emart web-based software.

MEP Emart web-based application includes an e-commerce platform that allows “user” or “superuser” or “sub user” or “Vendor” to sell products online on his own domain & integrated with third party services.

MEP emart Web based platform as service provides which help “Vendor” to have a theme based CMS e-commerce website, backend in default design, front end with “ “Vendor” specific logo, color scheme & product customization, banner, brand, CMS page, social media icon, customer dashboard (English language only) and third party extension added like Odoo community ERP, Stripe, Time Express, AWS, Tawk.to, Google Analytics or Tag Manager, SMS global,

However, it is important that Vendor will use some pre-defined settings or third party services like payment gateway (as recommended by MEP Emart).

1. MEP Emart Services are as follows: -

1.1. Backend Section

From the vendor dashboard, “user” or “superuser” or “Sub user” or “Vendor” can view a snapshot of total orders, total sales, total sales country wise, sales statistics (week, month, or year wise) and recent activity on associated products.

1.2. Profile Section

“User” or “superuser” or “Vendor” need to complete all entries into the profile section in order to maintain the KYC, soon access has been granted by MEP Emart,

1.3. “Sub user” or “superuser”

A “super user” who has filled the “vendor registration form” or authorized by your entity or organization to use the MEP Emart platform, who can add, remove access of sub user, A sub user” can be assigned by superuser to manage certain or whole functionality. A super user can create a sub user or activate, deactivate, or delete from the list too. All the functions of the Sub user are authorized by the superuser, and the activity of such Sub user is the “superuser” or organization liability.

1.4. Website Builder

The ‘Website Builder’ has been an added features provided by MEP Emart, which includes as follows :-

1.4.1 Theme Configuration

You can set text font color, text background colour, link colour, link background colour, button colour, button background color, links hover colour, header background colour, footer background colour, page wrapper background colour etc. under the theme settings. Also, “user” or “superuser” or “sub user” or “Vendor” can set/upload logo image, sticky logo image, email logo image and shortcut icons. “user” or “superuser” or “sub user” or “Vendor” can write their own welcome text to be displayed on the top of the website.

1.4.2 Banner Slider

You can display different banner images and titles on the online store homepage.

1.4.3 Brand Slider

You can display brand logo images and titles on online store homepage.

1.4.4 Manage Seller CMS

Seller CMS block gives you the privilege to manage blocks like About Us, Contact Us, Carriers and Projects etc.

1.4.5 Manage Static Blocks

Manage Static Blocks gives “user” or “superuser” or “Sub user” or “Vendor” the privilege to manage/configure already provided footer column products and links like Contact Info, My Account and Main Feature etc.

1.5 Marketplace Builder

1.5.1 Manage Customers

“user” or “superuser” or “Sub user” or “Vendor” can manage their own registered visitor or customer data through Manage Customers feature like Block Visitor to access website, However This is User or Vendor discretion to allow or block the access of any registered visitor or customer,

1.5.2 Manage Products

You can add, edit or delete products as per business need using this feature. “user” or “superuser” or “Sub user” or “Vendor” can sort, filter or search product functionality provided in this feature, MEP Emart own no responsibility in relation with your product like product correct description, correct product image, correct product dimension, product information, product weight and dimension or product pricing, however MEP Emart will support your team to upload the product as and when needed, however final verification and obligation is lies with “user” superuser” or “sub user” or “vendor”.

1.5.3 Shipping Settings

You can manage warehouse address details under the “Shipping Settings” section.

1.6 Shipping Methods

You can manage “Shipping Methods” following below detailed guidelines. However, ‘Third Party Provider approval as well integration is necessary if you are using any third party “ shipping gateway”

1.7 New Category

You can add product categories using this feature for any of the products. “user” or “superuser” or “Sub user” or “Vendor” can edit an already existing product category from the list as well. You can enable or disable any category listed on the page.

1.8 Mass Import Export

“user” or “superuser” or “Sub user” or “Vendor” can perform mass import and export products functionality through this section. Instead of import/export single product, “user” or “superuser” or “Sub user” or “Vendor” can add multiple products using a CSV file and can import them and can be added to the Manage Product list page.

1.9 Import Section

you can perform mass import and export products functionality through this section. Instead of importing a single product, “user” or “superuser” or “Sub user” or “Vendor” can add multiple products using a CSV file and can import them and can see them added to the Manage Product list page.

1.10 Export Section or Data Backup

Same way Product uploaded in store can be exported i.e. in CSV format (Product Name, SKU, Main Category, Subcategory, Model Number, Short Description, Long Description, Weight, Price etc) you can perform mass export products or data backup functionality through the export section or run a report.

1.11 Import Image Section

You can do mass Import images as well to import multiple images at time.

1.12 Add Product

You can add “Simple” and “Configurable” products through this add functionality.

1.12.1 Add Si.mle Product

You add “Simple” products through this add functionality.

1.12.2 Add Configurable Product

You can add “Configurable” products through this add functionality.

1.13 Product Attributes

You can add product attributes to show on the client website. “user” or “superuser” or “Sub user” or “Vendor” can manage Product attributes like add, Edit and delete product attributes.

1.13.1 Manage Attribute You can manage Product attributes like add, Edit and delete product attributes

1.13.2 Manage Attribute Set

You can manage attribute sets using this feature like add, Edit, Delete.

1.14 Product Review and Rating

Ratings and reviews allow customers to share their experience with a product or service and give it an overall star rating. After price, reviews are the second-most important factor to customers making a purchase decision.

1.15 Manage Review

You can manage client product reviews through this feature. “user” or “superuser” or “Sub user” or “Vendor” can Save, Edit, Delete product reviews. “user” or “superuser” or “Sub user” or “Vendor” can change status to Approve, Not Approve, Pending of client review

1.16 Google Analytics & Tag Manager

1.16.1 Google Tag Manager

In this section, You can configure and set up Google Tag Manager, However, Third Party Extension and account approval is necessary before accessing the services for google tag manager,

1.16.2 Google Analytics

This section allows “user” or “superuser” or “Sub user” or “Vendor” to update online store Google Analytics key and settings, However, Third Party Extension and account approval is necessary before accessing the services for google analytics,

1.17 Shipping Instruction

Turn on or off the shipping instruction settings for the customer who orders online from the web store

1.18 Order and Invoicing

1.18.1 Manage Orders

You can verify, manage, edit, process, and fulfill customers' orders from this section, like edit full information on the order, including order number and date, billing and shipping addresses, and payment and shipping methods. In case of customer has provided any partial or incorrect information during the order, please verify before processing the order, Moreover, you can edit the list of ordered items to exclude or include any product from the order, however this is complete between you and your customer, how you would like to fulfill the customer order request using “manage order” as well this is your responsibility to fulfill the order requirement related with delivery, freight, packing, any product damage, ensuring product standards, quality and all product liability remain with you, MEP Emart owns no liability related with you and your customer communication, transactions or order, product delivery, standards,

1.18.2 Manage Invoice

This section will list and display all invoices created; however, this is your responsibility to verify the Invoice templates, please request MEP Emart team or write to support@mepemart.com for any specific changes you may need,

1.18.3 Manage Shipment

This section will list and display all shipping details

1.18.4 Manage Credit Memo

This section will list and display all credit memo created, You may cancel the order and provide Credit Memo to your customer for canceled order, However Credit Memo is just a features, how you would like to handle the cancel order, full refund, releasing credit memo or credit note to your customer, this is your decision and MEP Emart hold no obligation and responsibility,

1.19 Discount Request

The Customer Specific Discount module for the website allows your customer to request for special discount online, You can review, edit or approve or reject the discount request,

1.20 Manage Quotes

This menu lists all the customer discount requests, and “user” or “superuser” or “Sub user” or “Vendor” can approve, reject, or update the discount requests.

1.21 Discount Quota Setting

With this menu, “user” or “superuser” or “Sub user” or “Vendor” can enable or disable the customer discount request option

1.22 Configuration Setting

This menu allows “user” or “superuser” or “Sub user” or “Vendor” to set the quote expiry date and the quote minimum quantity

1.23 Transactions

Transactions feature details with various transaction related functionality like Request Payment and View All transactions for “user” or “superuser” or “Sub user” or “Vendor’s ease of use. “user” or “superuser” or “Sub user” or “Vendor” can manage, view, and filter transactions through Request Payment and View All Transactions features. Features: “user” you can manage, view “Request Payment” through the Request Payment feature. you can manage, view “View All Transactions” through the View All Transactions feature. You can search, filter transactions, and manage View mode and column view mode.

1.23.1. View All Transaction

you can manage, view “View All Transactions” through the View All Transactions feature. “user” or “superuser” or “Sub user” or “Vendor” can search, filter transaction, and manage View mode and column view mode

1.24 Reports

Report feature can be exported and provides details with various functionality related to report, also report export privilege provided to “user” for their ease use. You can manage various e-commerce website features which have a main business area in terms of reporting like Orders Reports, and Product Reports. Features: you can manage, view Order Reports through Order Reports feature. You can manage, view Product Reports through the Product Reports feature. You can search Day, Month and Year wise reports in the Order and Product report feature. Also, you can export Order and Product reports to verify reports in CSV format externally. All The Product uploaded in Store Can be exported in CSV format (Product Name, SKU, Main Category, Subcategory, Model Number, Short Description, Long Description, Weight, Price etc)

1.25 Email Templates

There are over 20 default email templates that have been configured into backend which will be personalized with Vendor logo, Vendor company name and Vendor Contact details. To change any of the email content, please drop email to support@mepemart.com. Vendors must verify and test the email or email content communication flow before going live among customers, MEP Emart holds no obligation or error for any miscommunication between you and your customer. 2

Third Party Provider

2.1. MEP Emart may from time to time recommend, provide “user” or “superuser” or “Sub user” or “Vendor” with access to, or enable third party software, applications (“Apps”), products, services or, website links, Landing page or any other electronic media platform(s) (collectively, “Third Party Services”) for “user” or “Vendor” consideration or use, Such Third Party Services are made available only as a convenience, you can access or use any of such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services provided by Third Party Providers.

2.2 Any use by “user” or “superuser” or “Sub user” or “Vendor” of Third-Party Services offered through the Service, is entirely at “user” or “superuser” or “Sub user” or “Vendor’s own discretion and it is the “user” or “superuser” or “Sub user” or “Vendor’s responsibility to read the terms and conditions and/or privacy policies applicable to such Third-Party Services before using them. In some instances, MEP Emart may receive a revenue share from Third Party Providers that MEP Emart recommends to you or that “user” or “superuser” or “Sub user” or “Vendor” otherwise engage through “user” use of the Services.

2.3. We do not provide any warranties or make representations to you with respect to Third Party Services. you acknowledge that MEP Emart has no control over Third Party Services and will not be responsible or liable to “user” or “superuser” or “Sub user” or “Vendor” or anyone else for such Third-Party Services. The availability of Third-Party Services on MEP Emart’s Software or Marketplace, or the integration or enabling of such Third-Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with MEP Emart. MEP Emart does not guarantee the availability of Third-Party Services and “user” or “superuser” or “Sub user” or “Vendor” acknowledge that MEP Emart may disable access to any Third-Party Services at any time in its sole discretion and without notice. MEP Emart is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third-Party Service. Tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing the correct tax rates, “user” or “superuser” or “Sub user” or “Vendor” should charge to “user” or “superuser” or “Sub user” or “Vendor” customers.

2.4 If “user” or “superuser” or “Sub user” or “Vendor” enable a Third-Party Service for use with the Services, you grant permission to allow the applicable Third-Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third-Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third-Party Provider is solely between “user” or “superuser” or “Sub user” or “Vendor” and such Third-Party Provider. MEP Emart is not responsible for any disclosure, modification, or deletion of “user” or “superuser” or “Sub user” or “Vendor” data or other Materials, or for any corresponding losses or damages you may suffer, because of access by a Third-Party Service or a Third-Party Provider to your data or other Materials.

2.5. The relationship between “user” or “superuser” or “Sub user” or “Vendor” and any Third-Party Provider is strictly between you and such Third-Party Provider, and MEP Emart is not obligated to intervene in any dispute arising between you and a Third-Party Provider. Under no circumstances will MEP Emart be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages whatsoever, that result from any Third-Party Services or “user” or “superuser” or “Sub user” or “Vendor” contractual relationship with any Third-Party Provider.

2.6. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, MEP Emart partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including arising out of “user” or “superuser” or “Sub user” or “Vendor” use of a Third-Party Service your relationship with a Third-Party Provider. Currently Recommended Third party providers are Stripe, Google, Tawk.to, Time Express, SMS Global, Odoo open source for ERP configuration, other third party providers will be added based on product enhancement product plan, you will be notified well in advance with such upgradation.

3.Tawk

Tawk.to is an online chat application, live chat software designed to help businesses communicate with clients and website visitors to deliver customer support. Please read or contact tawk.to directly using the given link, https://www.tawk.to/legal/ As “user” or “superuser” or “Sub user” or “Vendor” may need to create an account and get the code, to enable online chat on your ecommerce store.

4. Shipping

MEP Emart currently offers two shipping methods, the first one is standard shipping. If you provide Standard Shipping to your customers, it means shipping charges are included in the product price, not optional. Second is Express Delivery, Time Express is currently used as a third-party provider for Express Delivery services within UAE. Loading, offloading, material handling and packing are not covered by Time Express, which means you and your customer or service provider is responsible for loading, offloading, material handling and packing, you on behalf of your customer or any of your preferred shipping provider agrees that material will be packed in well mannered and in no circumstances, MEP Emart will hold no responsibility for any product or material damage, and MEP Emart strongly recommend you to hold a third party liability insurance as explained in annexure 9. Before using Time Express Delivery services, please contact Time Express directly or read the terms & conditions at https://www.timexpress.ae/terms-conditions/, Please send company license, passport copy, and VAT number to sshah@timexpress.ae or get in touch with 971-4255-5563. Time Express will be happy to provide an account creation and activation service, as well as discuss payment terms or credit policies or cash on delivery conditions.

Please find below Time Express Shipping Rates for MEP Emart Vendor (within UAE) To calculate the correct pricing, make sure the “user” or “superuser” or “Sub user” or “Vendor” provides the correct weight and dimensions of the product in the “user” or “superuser” or “Sub user” or “Vendor” online store. 0-5Kg – AED 19.89, Additional Per Kg up to 100Kg – AED 2.21/-, 101-500Kg – AED 359.13, 501-2000KG – AED 552.5, 2001-5000KG – AED 828.75,

5. Payment Gateway

For ease of convenience, MEP Emart currently providing Stripe Connect Payment Gateway to all his “Vendor” and “User” Stripe Connect is the fastest and easiest way to integrate payments which enables users of MEP Emart to accept credit card payments, please read stripe connect account agreement at https://stripe.com/en-gb-ae/connect-account/legal, From MEP Emart Payment Gateway Setting, you will be redirected to Stripe Connect page, you need to fill the form and provide required information to stripe to enable your stripe connect account such as your name, company name, company details, your contact details, your company latest trade license, VAT, TRN number as well your passport copy with emirates ID, your company bank account,

How Stripe Connect collect works: -

Stripe Fee or application fee applicable on each transaction, which will be deducted from net purchased account and balance will be released to your account, To Know what is Net Transaction, please look into the offer given by MEP Emart, example if Transaction fee quoted is 2.9%+ AED 1+ VAT, So if customer purchase a AED 100/- from your online store then deducted transaction fee will be AED 4.095 ( AED 2.9 as 2.9% + AED 1 + AED 0.195 as VAT) So net amount released to your account will be AED. 95.90/-. For any pricing or transaction fee related issue, you may contact your account manager or reach to MEP Emart directly however for any issue related with payment, you may contact stripe directly, Stripe will be provide you with stripe connect dashboard, from dashboard you can track, manage all payment and account receivables, generate payment code, Mostly It takes upto 7 days from date of transaction to reflect the amount in your bank account, however for detailed clarification, please reach out to stripe directly, However, you may request any other payment gateway integration, but in such a case payment gateway setting, backend coding, and integration are outside the scope of the contract and considered additional work not included in the quote.

6. SMS Notification

The Services allow “user” or “superuser” or “Sub user” or “Vendor” to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the "SMS Services"). We have made SMS services integration with SMS Global, with unique ID of “METUCSMS” So, your customer will receive SMS notification in case of forget password, verify mobile number, login with SMS password or Order Received Notification,

7.Google Analytics, Tag Manager

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic and Google Tag Manager is a tag management system, and lets you configure and deploy tags on your website from an easy-to-use web-based user interface. you need to have your google tag manager account ready before using this application,

8.AWS Cloud & Security

We use pre hosted separate Instance over AWS, so you may not need to worry about hosting, set up, SSL which will be managed by MEP Emart directly to ensure security,

9. Third Party Liability Insurance

MEP Emart strongly recommends you undertake, agree and obtain third party liability insurances, product liability insurance with the coverage as detailed in the table below.

We reserve the right to introduce new Services and update or withdraw any of the Services including from third parties, in our sole discretion, and we will not be liable to “user” or “superuser” or “Sub user” or “Vendor” for exercising this discretion.

10. Fees and Payments

10.1 Fees for our Subscription or Products.

According to the subscription model and payment mode you choose, you will be charged a monthly or annual subscription fee for the subscription or service you use. Where applicable, you will be billed using the billing method you select. If you have elected to pay the subscription by card, you represent and warrant that the card information you provide is correct and you will promptly notify MEP Emart of any changes to such information. The subscriptions paid are non-refundable.

Type of Fees: -

10.1.1, One Time Setup Fee:-

One time setup fee is based of type of set up quoted or you selected, which include set up hours, to support you to have running online store, to get effective set up, we request you to provide checklist documents, product CSV soon after making the purchase, One time setup fee can be paid in one time or in twelve month, please check your quotation or connect with your account manager to have more detail,

10.1.2 Platform Fee: -

Platform Fee means the fee charged by MEP Emart for access and/or use of MEP Emart services offered as web-based platform as a service to you.

10.1.2 Cloud Charges, Maintenance & Support: -

CSMS charged based on number of User and Total product uploaded, please contact your account manager for more details, MEP Emart sometimes offers special discounts for specific periods, special discounts may vary from time to time, MEP Emart reserves the right to offer, nullify or decline any special promotion or discount rather than the original price.

10.2. Subscriptions.

In subscription of our product or services are billed on a subscription basis (“Subscriptions”) which will include one time set up fees, Platform fee as well cloud charges with maintenance and support, These Charges will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing cycle. Your Subscription will automatically renew at the end of each billing cycle unless you cancel your subscription by contacting us at solution@mepemart.com. While we will never want to lose a customer, you may cancel on your Subscription by giving us 2 months’ notice in advance, If you initially sign up for a trial subscription that includes a free trial subscription period, and “user” or “superuser” or “Sub user” or “Vendor” do not cancel that trial subscription before the stated trial period expires, “user” or “Vendor” will be billed for the full price of the plan starting on the day the trial subscription period ends. If you cancel prior to the processing of your first invoice following the trial subscription period, you will not be charged.

If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, payment needs to be settled within one week else we may suspend or terminate your subscription until applicable changes have occurred.

You may upgrade or downgrade your plan subscription plan like adding more product quote or user quota, you will be provided a quote based on new request and based on successful payment your subscription plan will be upgraded or downgraded.

10.3. Taxes.

“user” or “superuser” or “Sub user” or “Vendor” are responsible for all applicable Taxes like VAT etc.

10.4. Price Changes.

MEP Emart may change the original subscription amount for the services by providing 1 month, provided that for products billed on a subscription basis, the change will become effective after aforesaid notice period only at the end of the then-current billing cycle of your subscription. MEP Emart will provide “user” or “superuser” or “Sub user” or “Vendor” with one month notice for any change in fees and “user” or “superuser” or “Sub user” or “Vendor” may cancel Subscription.

10.5. For the avoidance of doubt,

all sums payable by “user” or “superuser” or “Sub user” or “Vendor” to MEP Emart under these Terms of Service will be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by MEP Emart to “user” or “superuser” or “Sub user” or “Vendor” and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law will be borne by the “user” or “superuser” or “Sub user” or “Vendor” and paid separately to the relevant taxation authority. MEP Emart will be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.

10.6 location

“user” or “superuser” or “Sub user” or “Vendor” must maintain an accurate location in the administrative console of your MEP Emart Store. If a “user” or “superuser” or “Sub user” or “Vendor” changes jurisdictions, the “user” or “superuser” or “Sub user” or “Vendor” must promptly update location in the administrative console.

10.7.Refunds

MEP Emart does not provide refunds

11. Your Product or Goods or Services

11.1.

You shall retain the ownership and responsibility of your product, goods, or services. This means product (you are selling) or services and associated data, you are responsible for your Account, the Materials you upload to the MEP Emart back-end panel, and the operation of your online Store. Product or services you have been offered or selling using MEP Emart, you must have legal ownership to sell the product in UAE, viz., authorized distribution agreement, partnership, retailer agreement or legal evidence confirming users are legally allowed to sell the product within UAE. You represent and warrant to us that: (a) To use its best endeavors to promote and sell the products in UAE according to the highest standards. (b) none of your Product will violate any applicable laws. Users are solely responsible for determining the fees users charge from your customers for use and/or access to your services, website(s), and products. (c) You will not sell any hazardous material on online stores.

11.2.

MEP Emart’s Right to Use Your Name: The MEP Emart shall have the non-exclusive right to use the business names, trademarks, service marks and logos associated with your business to promote MEP Emart Product & Services.

11.3

Non-Exclusive Services. We reserve the right to provide our platform without any discrimination to any entities engaged in MEP, HVAC product or services trading this may include or exclude your competitors and make no promise of exclusivity in any market segment.

11.4

You will be solely responsible for the deployment, operation and maintenance of your ecommerce store, cloud ERP other tools like marketing and integrated gateways including the operation, accepting, processing and fulfilling customer orders generated through your store and handling any customer inquiries, complaints, or disputes arising from orders or sales generated.

11.5

You will be solely responsible for creating, managing, editing, reviewing, deleting, and otherwise controlling the product on yours’s Store, regardless of whether MEP Emart provides any design or customization Services to User under this Agreement, including all descriptions of the products and services user offer to your customers and user-generated product on and related to your Store. As a conduit, MEP Emart will give you complete discretion over your product provided it is compatible and interoperable with the Software and Services provided by MEP Emart under this Agreement.

11.6

User acknowledge that, MEP Emart only providing user with the ability sell your own products or services, MEP Emart has no obligation to user or any third party, and undertakes no responsibility, to review your Store, the products or services listed therein or any other product, Notwithstanding anything to the contrary herein, if MEP Emart believes in its sole discretion (as applicable) that your store or any products, services, or other materials in the store or on MEP Emart servers may create liability, MEP Emart may take necessary actions with respect to the product or materials with associated cost.

12. Privacy

The Company may use your data for the following purposes:

12.1 To provide and maintain our Service,

including monitoring the usage of our Service.

12.2 To manage Your Account:

to manage your registration as a subscriber of the Service. The data provided can give users access to different functionalities of the Service that are available to you as a registered user.

12.3 For the performance of a contract:

the development, compliance and undertaking of the contract for our products, items or services User has subscribed or of any other contract with Us through the Service.

12.4 To contact User:

To contact User by email, telephone calls, SMS, or other equivalent forms of electronic communication, when necessary or reasonable for their implementation.

12.5 To provide User with news

, special offers and general information about other goods, services and events, which we offer those which are similar to the items that user has already purchased or enquired about unless the user has opted not to receive such information.

12.6 To manage Your requests:

To attend and manage your support requests.

12.7 For business transfers:

We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Data held by us about our service users is among the assets transferred.

12.8 For other purposes:

We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing, and your experience.

We may share your information in the following situations:

12.9 With Third party Service Providers:

We may share Your information with Service Providers to monitor and analyze the use of our service, to contact User.

12.10 For business transfers:

We may share or transfer Your information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.

12.11 With Affiliates:

We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy.

12.12 With business partners:

We may share your information with our business partners to offer users certain products, services, or promotions, in such cases, we will require those partners to honor this Privacy Policy.

12.13 With other users:

when users share your information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.

12.14 With Your consent:

We may disclose your information for any other purpose with your consent.

12.15 Retention of Your Data

The Company will retain Your Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of Our Service, or if we are legally obligated to retain this data for longer time periods.

12.16 Your Data

Your information, including company Data, is processed at a third-party server like AWS or equivalent, and in any other places where the third-party parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside UAE, or other governmental jurisdiction where the data protection laws may differ from those from UAE jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

12.17 Disclosure of Your Data

12.17.1 Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Data may be transferred. We will provide notice before your Data is transferred and becomes subject to a different Privacy Policy.

12.17.2 Law enforcement

Under certain circumstances, the Company may be required to disclose your Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

12.17.3 Other legal requirements

The Company may disclose Your Data in the good faith belief that such action is necessary to:

Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the safety of Users of the Service or the public
Protect against legal liability

12.17.4 Security of Your Data

The security of your Data is our highest priority, while we strive to use commercially acceptable means to protect Your Data, we cannot guarantee its absolute security as currently no methods of transmission over the Internet, or method of electronic storage is 100% secure.

12.17.5 Changes to this Privacy Policy We may update Our Privacy Policy from time to time. We will notify users of any changes by posting the new Privacy Policy on this page. Users are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on our platform.

13. MEP Emart’s Intellectual Property

13.1. Software access. Neither the Terms nor your use of the MEP Emart software grants you ownership in the MEP Emart or MEP Emart software offered to you, The Terms also do not grant user any right to use MEP Emart’s trademarks (unless written consent has been taken from MEP Emart). We, MEP Emart own all rights, title, and interest in and to the Product, and all related technology and intellectual property rights. Subject to the Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable access to use the product solely in accordance with the Terms.

13.2. Access Restrictions.

Neither you nor any of your Users will use the Product in any manner or for any purpose other than as expressly permitted by the Terms and given guidelines. Neither user nor any of your End-Users will, or will attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Product; (b) reverse engineer, disassemble, or decompile the Product or apply any other process or procedure to derive the source code of any software included in the Product (except to the extent applicable law doesn’t allow this restriction); (c) access or use the Product in a way intended to avoid incurring fees or exceeding usage limits or quotas.

14. Account Management

14.1. To access and use the Services, users must register for a MEP Emart account (“Account”). To complete your Account registration, the user must provide us with a full legal name, business address, phone number, a valid official email address, and any other information indicated as required. MEP Emart may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.

14.2. Users must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where the user resides and from which user uses the Services to open an Account.

14.3. You confirm that users are receiving any Services provided by MEP Emart for the purposes of carrying on a business activity and not for any personal, household or family purpose.

14.4. You acknowledge that MEP Emart will use the email address user provided on opening an Account or as updated by user from time to time as the primary method for communication with user (“Primary Email Address”). Users must monitor the Primary Email Address user provides to MEP Emart and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with MEP Emart can only be authenticated if they come from your Primary Email Address.

14.5. You are responsible for keeping your password secure. MEP Emart cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

14.6. Technical support in respect of the Services is only provided to MEP Emart Users.

14.7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Product.

14.8. You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble, or otherwise reverse engineer the Services.

14.9. You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.

14.10 You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. “Materials” means Your Trademarks, copyright content, any products or services user sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by user or your affiliates to MEP Emart or its affiliates.

15. Account Activation

15.1 Store Owner

The person signing up for the Service by opening an Account will be the MEP Emart Customer or contracting party (“Store Owner ”) or Vendor of MEP Emart, for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. Users are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.

If a user is signing up for the Services on behalf of your employer, your employer will be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.

16. Sub User or Staff Accounts

Based on MEP Emart pricing plan, users can create one or more sub users (“Sub User”) allowing other people to access the Account. Each Sub user must include a full legal name and a valid email account. With Sub users, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Sub users to specific business information The Store Owner is responsible for: (a) ensuring its employees, agents and subcontractors, including via Sub users, comply with these Terms of Service; and (b) any breach of these Terms of Service by the Store Owner’s employees, agents or subcontractors. The Store Owner acknowledges and agrees that Store Owner will be responsible for the performance of all of its obligations under the Agreement, including but not limited to any affiliates or subsidiaries of Store Owner. The Store Owner and the users under Sub users are each referred to as a “MEP Emart User”.

17. User Requirements & Responsibilities

You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfillment timelines on your online Store.

You acknowledge and agree that any contract of sale made through the Services is directly between you and your customer. you are the seller. You are responsible for the creation and operation of your online Store, your Materials, the goods, and services that users may sell through the online platform, and all aspects of the transactions between you and your customer(s). This includes, but is not limited to, authorizing the charge to the customer in respect of the customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where user offer products or services for sale), or your breach of these Terms of Service. You represent and warrant that your online store, your materials and the goods and services you sell through MEP Emart will be true, accurate, and complete, and will not violate any applicable laws, regulations, or rights of third parties.

You are solely responsible for the goods or services that you may sell through the online store (including description, price, fees, tax that users calculate, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations.

You may not use the MEP Emart Services for any illegal or unauthorized purpose nor may the user, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to users in UAE jurisdiction. User will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your store or that may be held by user) in your use of the Service and your performance of obligations under the Terms of Service. And users hereby warrant that user accounts are validly formed and existing under the laws of UAE jurisdiction of formation, with good standing that users have full power and authority to enter these Terms and Conditions.

Embargoes. Products, services, technology, materials, tools, and technical data delivered by or to MEP Emart may be subject to USA export controls or the trade laws. You agree to comply with all USA export law and will not use or provide Products, services, technology, materials, tools, and technical data, directly or indirectly sell, ship or arrange for transfer of any Products services, into countries subject to trade embargoes. Compliance with Laws. Users must always use the Product in compliance with, and only as permitted by, applicable by respective authority of UAE as well USA.

18. Beta Services

From time to time, MEP Emart may, in its sole discretion, invite users to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services are not part of the Services, and Beta Services may be subject to additional terms and conditions, which MEP Emart will provide to users prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered MEP Emart Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, users agree that users will not make any public statements or otherwise disclose their participation in the Beta Services without MEP Emart’s prior written consent. MEP Emart makes no representations or warranties that the Beta Services will function. MEP Emart may discontinue the Beta Services at any time in its sole discretion. MEP Emart will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. MEP Emart may change or not release a final or commercial version of a Beta Service at our sole discretion.

19. Feedback and Reviews

MEP Emart welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services, or any Third-Party Provider (collectively, “Feedback") to MEP Emart be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to MEP Emart (whether submitted directly to MEP Emart or page or by email), user waive any and all rights in the Feedback and that MEP Emart is free to implement and use the Feedback if desired, as provided by user or as modified by MEP Emart, without obtaining permission or license from user or from any third party. Any reviews of a Third-Party Service or Third-Party Provider that user submit to MEP Emart must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. MEP Emart reserves the right (but not the obligation) to remove or edit Feedback of Third-Party Services or Third-Party Providers.

20. Acceptable Uses

You are responsible for your conduct, Product, and communications with others while using the Product.

When using or accessing the Services, user agree that user will not:

1. Product, list or upload in any manner any information which is blasphemous, defamatory, obscene, libelous, invasive of another's privacy, discriminatory as per UAE law, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.

2. Product, list or upload product or items in inappropriate or prohibited categories or areas on our Platform, including:

3. Product or items that may be considered culturally or religiously offensive in any way.

4. Product or items which may not follow general local law, Islamic law, rules, morals, values, ethics, and traditions.

5. Products or items that may threaten national security.

6. Product or items which may constitute or be considered to promote gambling.

7. Securities, including shares, bonds, debentures, or any other financial instruments or assets of any description.

8. Living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural.

9. Weapons of any description.

10.Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description and medicines.

11.Items that to your knowledge are defective, fake, damaged, false, or misleading or that may through normal use harm another Site user’s interest or health.

12. Non-transferable vouchers; and

13. Post items the user does not have a right to link to or include.

14. Post counterfeit or stolen items.

15. Breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status.

16. Use our Services if users no longer fulfill the eligibility criteria or are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our Services.

17. Fail to deliver items sold by the user (if applicable), unless the user has a valid reason as set out in any of our policies.

18. Use contact information provided to users during a transaction on the Site to solicit additional sales offline or on another website.

19. Interfere with any other user’s listings.

20. Take any action that may undermine the Platform’s feedback and ratings systems.

21. Post false, inaccurate, misleading, deceptive, defamatory, or similar product.

22. Transfer your account to another party without our prior written consent.

23. Distribute or post spam, unsolicited or bulk electronic communications or similar.

24. Distribute viruses or any other technologies that may harm our Services or the interests or property of other users.

25. Infringe:

26. The copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights”) that belong to or are licensed to us; or

27. Any Intellectual Property Rights that belong to third parties.

28.Harvest or otherwise collect information about users without their consent; or circumvent any technical measures we use to provide the Services.

21. Suspension and Termination of Services

21.1. By User.

You can terminate your Subscription at any time by sending email to support@mepemart.com. Such termination and deletion will result in the deactivation or disablement of your account and access to it, and the deletion of product user collected through use of the Product in such occurrence, the subscription shall not be returned or adjusted.

21.2. By MEP Emart.

MEP Emart may terminate your Subscription for any reason at the end of a billing cycle by providing at least 30 days’ prior written notice to the user. MEP Emart may terminate your Subscription for any reason by providing at least 30 days’ written notice to users. MEP Emart may immediately suspend performance or terminate your Subscription for any of the following reasons: (a) user have materially breached these Terms, in our sole discretion, and failed to cure that breach within 30 days after we have notified user in writing of such breach; or (b) user cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days. Additionally, MEP Emart may immediately limit, suspend, or terminate the Product to user: (i) if, in our sole discretion, user fail to comply with these Terms; (ii) if, in our sole discretion, user use the Product in a way that causes legal liability to us or disrupts others’ use of the Product; or (iii) we are investigating suspected misconduct by user. Also, if we limit, suspend, or terminate the Product user receives, depending upon the reason, we will endeavor to give the user advance notice and an opportunity to obtain a copy of your Product from that Service. However, there may be time sensitive situations where MEP Emart may decide that we need to take immediate action without notice. MEP Emart will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action (c) users are in default on a payment and after three consecutive notices can’t clear the payment.

21.3. Further Measures.

If MEP Emart stops providing the Product to user because user repeatedly or egregious breach these Terms, MEP Emart may take measures to prevent your further use of the Product,

22. Changes and Updates

22.1. Changes to Terms.

You acknowledge and agree that MEP Emart may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Product, and to account for new Products or functionality. If an amendment is material, as determined in MEP Emart’s sole discretion, we may notify users by email. Changes will be effective no sooner than the day they are publicly posted on our Platform and apply to all access to and use of the Product thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice before the date the change is posted. If users do not want to agree to any changes made to the Terms, users should stop using the Product and intimate us, because by continuing to use the Product user indicates your agreement to be bound by the updated terms.

22.2. Changes to the Product and Services.

We are continually changing and improving our Product. MEP Emart may add, alter, or remove functionality from a Service it provides to users at any time without prior notice. MEP Emart may also limit, suspend, or discontinue a Service provided to users at our discretion. If we discontinue a Service, we will give users reasonable advance notice to provide users with an opportunity to obtain a copy of your data backup from that Service. MEP Emart may remove your data from the Product it provides to the user at any time at our sole discretion, although we will endeavor to notify the user before we do that if it materially impacts the user and if practicable under the circumstances.

23. Disclaimers

23.1. Disclaimers.

While MEP Emart strives to provide users with a great experience when using the Product, there are certain things we do not promise about our Platform / Product / Services. We try to keep our Product up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT AND ANY INFORMATION, GUIDANCE, OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND MEP EMART DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE PRODUCT.

24. Limitation of Liability & Indemnification.

1. User expressly understand and agree that, to the extent permitted by applicable laws, MEP Emart and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).

2. User agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, MEP Emart partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of

   (a) your breach of these Terms of Service or the documents it incorporates by reference

   (b) or your violation of any law or the rights of a third party; or

   (c) any aspect of the transaction between user and your Customer,

   including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to UAE consumer protection laws), or your breach of the Terms of Service.

3. Users will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.
4. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
5. MEP Emart does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
6. MEP Emart does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
7. MEP Emart is not responsible for any of your tax obligations or liabilities related to the use of MEP Emart’s Services.
8. MEP Emart does not warrant that the quality of any products, services, information, or other materials purchased or obtained by users through the Services will meet your expectations, or that any errors in the Services will be corrected.
9. Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MEP EMART, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND THIRD PARTY PROVIDER OR LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MEP EMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, in entirety, MEP Emart’s liability is limited to the value of the subscription only.
10. Indemnification Users agree that users are solely and exclusively responsible for your website, store or ERP and the entirety of your product, service or Product. To the fullest extent permitted by law, user will indemnify and hold harmless to MEP Emart and its affiliates, officers, agents, licensors, and employees from all liabilities, damages, and costs arising out of a third party claim regarding or in connection with (a) your or your end users’ use of the Product; (b) breach of these Terms or violation of applicable law by user, your users, or your Product, websites, mobile applications, or business; or (c) a dispute between user and your users.

25. Intellectual Property.

Your Materials

1. We do not claim ownership of the Materials user provide to MEP Emart; however, we do require a proof of association or contract or partnership or agreement to those Materials, which says user are the authorized to use those material, User grant MEP Emart a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by user. We may use our rights under this license to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You represent, warrant, and agree that users have all necessary rights in the Materials to grant this license or proof of association. User irrevocably waive all moral rights user may have in the Materials in favor of MEP Emart and agree that this waiver may be invoked by anyone who obtains rights in the materials through MEP Emart, including anyone to whom MEP Emart may transfer or grant any rights in the Materials.
2. If the user owned the Materials before providing them to MEP Emart then, despite uploading them to your MEP Emart Store they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere. Users can remove your MEP Emart Store at any time by requesting to delete your Account. Removing your MEP Emart Store does not terminate any rights or licenses granted to the Materials that MEP Emart requires to exercise any rights or perform any obligations that arose during the Term.
3. You agree that MEP Emart can, at any time, review and delete any or all of the Materials submitted to the Services, although MEP Emart is not obligated to do so.
4. You grant MEP Emart a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Store (“Your Trademarks”) to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. This license will survive any termination of the Terms of Service solely to the extent that MEP Emart requires the license to exercise any rights or perform any obligations that arose during the Term.
5. MEP Emart Intellectual Property User agree that you may not use any trademarks, logos, or service marks of MEP Emart, whether registered or unregistered, including but not limited to the word mark MEP EMART, unless You are authorized to do so by MEP Emart in writing.
6. You acknowledge and agree that the Terms of Service do not give users any right to implement MEP Emart patents.

26. Resolving Disputes.

26.1. Resolving Disputes.

If users have a concern, we want to first try to address it without needing a formal legal case. Before filing a claim against MEP Emart, you agree to try to resolve the dispute informally by contacting solution@mepemart.com, We will try to resolve the dispute informally by contacting you via email.

26.2. Judicial Forum for Disputes.

You and MEP Emart agree that any judicial proceeding to resolve claims relating to these Terms or the Product will be brought in the Sharjah Court – UAE,

27. Other Terms

27.1. Assignment.

Users may not assign these Terms or your rights to use our Product without MEP Emart’s prior written consent, which may be withheld in our sole discretion. MEP Emart may assign these Terms at any time without notice to the user.

27.2. Entire Agreement.

These Terms, and any other policy as per our terms of service, privacy policy constitute the entire agreement between user and MEP Emart, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter.

27.3. Independent Contractors.

The relationship between user and MEP Emart is that of independent contractors, and not legal partners, employees, or agents of each other.

27.4. Interpretation.

The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.

27.5. No Waiver.

A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.

27.6. Severability.

If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed, and the remainder of terms will remain in full effect.

27.7. Third Party Beneficiaries.

There are no third-party beneficiaries to these Terms.

27.8. Survival.

The following sections will survive the termination of these Terms: 10, 20 & 21 ‍27.9. Language. These Terms are prepared and written in English and the English version of these Terms may prevail.

28. TRAINING & HANDING OVER

MEP Emart will provide a detailed training session of the complete platform for 4 hours duration to provide necessary usability to the end users of CMS through online. The session will be recorded; and the recording will be shared with the vendor for future references.

29. SUPPORT & MAINTENANCE

Platform goes for periodic maintenance and upgradation for continuous improvement. There shall be no access during the period. However, a prior notice shall be given to the users. Usually, the maintenance will be schedule on non-business hours For minor issues, users can directly report or create tickets from the backend admin Panel from “Support” Icon, However, for major issues, users will have to drop email to support@mepemart.com or call us directly 600 548 341, MEP Emart will provide all necessary maintenance that are required for the platform.