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Terms & Conditions

Introduction

·     Welcome to the store “eMatj.com”

·     Zad Commercial Global Company in Kingdom of Saudi Arabia shall provide a store “eMatj.com” online foe selling men’s, women’s, girls’ and boys’ wear, shoes, jewellery, accessories, underwear, bags and perfumes online via the store.

·     The site shall work as a multi-seller store and the store plays the role of the intermediary between the sellers registered in the store on one hand and the customers on the other side.

Section 1: Definitions

Section 2: Legal Scope of Our Services

Section 3: Legal Nature of Agreement

Section 4: Consent And Capacity

Section 5: Registration of Membership of Customers

Section 6: Digital Signature

Section 7: Acceptable Use Policy (AUP)

Section 8: Seller’s Terms and Conditions

Section 9: Product Policy

Section 10: Customer’s Terms and Conditions

Section 11: Terms and Conditions of Sale and Purchase

Section 12: Payment Policy

Section 13: Fees and Taxes

Section 14: Shipment Policy

Section 15: Return Policy

Section 16: Warranty Policy

Section 17: Evaluations Policy

Section 18: Telecommunications

Section 19: Copyrights

Section 20: Trademarks

Section 21: Assignment of Rights and Obligations

Section 22: Legal Liability

Section 23: Limits of Our Liability

Section 24: Compensations

Section 25: Modifications

Section 26: Cancellation of The Agreement

Section 27: Notices

Section 28: Applicable Law and Competent Courts

Section 29: Language


Section 1: Definitions

In this agreement unless otherwise required by the context, the following terms shall have the meanings referred to.

“eMatj.com”, The “Store”, “We”, “First Person Pronoun” or “Possessive Pronoun” refers to the site: “eMatj.com” and Zad Commercial Global Company in Kingdom of Saudi Arabia.

“User”, “You” or "Your” refers to the person visiting, using or registering membership in the store.

“Seller” refers to each person registering in the store and offering their products for sale via the store.

“Customer” refers to each person, institution or company giving the purchase order of products offered for sale via the store.

“Products” refers to the products offered for sale via the site and they include (men’s, women’s, girls’ and boys’ wear, shoes, jewellery, accessories, underwear, bags and perfumes) and other products available via the store.

“Content” refers to the content of the store which include among other things (photos, texts, movies, information, data, prices, lists of products, description of the services, products, advertisements, all icons, symbols, letters and figures).

“Agreement” shall refer to the conditions, terms, privacy policy, all pages of the store, descriptions of services, all information, the content of services, all instructions and the special agreements made between the store on one hand and any of the store users on the other hand as well as the contracts connected with the terms and conditions.

“Parties to Agreement” shall refer to the store on one hand as (a first party to the contractual relationship) and any person visiting the store, using it, registering an account in the store, providing any of the services of the store or benefiting from our services in any way on the other hand as (a second party to the contractual relation).


Section 2: Legal Scope of Our Services

(1) The store works as an online platform mediating between the sellers and the customers and our role shall be limited to connecting the customer with the seller to get the announced products and we shall not be liable for the communications by customers with the sellers.

(2) Advertisements of products published via the store shall be deemed to be “a call for contracting” and not “a binding offer” and the contract shall be concluded with the customer in case he submits the purchasing order then we accept this order based on the availability of the products that are the object of purchase.

(3) The “eMatj.com” shall not be deemed to be an information content provider. Also, it shall not be treated as a publisher of any content published via the store or via any property available for communication via the store.

(4) You know of and agree on the exemption of “eMatj.com” from any liability arising from the acts of third parties.


Section 3: Legal Nature of Agreement

(1) This agreement shall be deemed to be the entire and final agreement between “eMatj.com” on one hand and any person visiting or using the store or any of its features or advantages on the other hand.

(2) This agreement shall be deemed to be a valid contract satisfying the legal conditions and elements and shall be enforceable against all said parties. Its provisions and obligations shall be binding on all of them and neither party may derogate from it or terminate it since it has resulted in its legal effects.

(3) All parties declare that this agreement forms the entire agreement among them. They declare that they didn’t rely on any emphasis whether oral or written for accepting this agreement other than the provisions stated herein.

(4) The description of the services and the subsequent pages of the store prepared by  “eMatj.com” shall form an integral part of this agreement.

(5) The contracts supplementing this agreement shall form an integral part of the agreement and they shall be governed by the terms and conditions which apply to this agreement. Also, this agreement shall be indivisible.

(6) The amendments of this agreement shall have the same legal provision and effect of this agreement.


Section 4: Consent And Capacity

You declare that you have the legal capacity necessary for concluding and accepting this agreement and that you have the full unrestricted legal authorities according to the following conditions:

(1) Capacity and Consent of Natural Person

1. It is stipulated for the user of “eMatj.com” that he is 18 years old.

2. It is stipulated for the user of “eMatj.com” that he has the legal capacity necessary for concluding contracts and we shall not be responsible for ascertaining the capacity of any of the users of the site.

3. With your use of the services of “eMatj.com” you agree on this agreement and you declare are that you are legally bound by the terms and conditions provided for in this document or its amendments.

(2) Capacity and Consent of The Minor (Those Under 18 Years of Age)

1. If you are under 18, you may use the “eMatj.com” Services only with involvement of a parent or guardian.

2. Without prejudice to any other rights and remedies of “eMatj.com” under this User Agreement or at law, “eMatj.com” reserves the right to limit or withdraw access to the store or the membership of any person if “eMatj.com”  believes that person is under the age of 18 years.

(3) Legal Description and Consent of Business Enterprises

If you are registering as a business enterprise, you represent that you have the authority to bind that enterprise to this User Agreement and that you and the business enterprise will comply with all applicable laws relating to online trading.


Section 5: Registration of Membership of Customers

(1) It shall be stipulated that the natural person registers in the site in his true name and not in an alias, untrue or misleading names. When you register as a natural person, you shall represent yourself only because the account is based on the personal consideration.

(2) It shall be stipulated that the legal person registers in its trade name in the site not unknown, untrue or misleading names and once you register as a legal person, you acknowledge that you are the legal representative of this person.

(3) The user shall provide us with the data of registering the membership that might include among other things (Name, Address, E-mail, Mobile Phone No.).

(4) The user undertakes that he is responsible for maintaining the confidentiality of the information in his account such as the user name and password and that he is responsible for any disclosure to third parties in relation to this information. Also, he is responsible for any use done by any person to whom he disclosed this confidential information.

(5) The user undertakes to report immediately in case of penetrating the account or its theft as well as discovering any illegal use of this account in the store in order for us to be able to take the technical actions necessary for maintaining the account.

(6) you may not use another person’s account at any time without having an express consent from “EMatj.com”.

(7) We reserve the right to cancel the account that haven’t been confirmed yet or are inactive for a long time.


Section 6: Digital Signature

(1) As for services requiring registration: Through your registration to get an account via the store or via clicking for accepting the conditions of the service upon claiming so via the store, you shall be considered to have implemented this agreement and the other conditions of the service online and it shall be legally enforceable for you from the date of registering your account or from the date of clicking for accepting the conditions of the service.

(2) As for services not requiring registration: your use of these services shall be deemed to be an express consent by you to the terms and conditions provided for in this document and all the other policies and you shall be legally bound by them from the date of this use.


Section 7: Acceptable Use Policy (AUP)

(1) The user declares that under this agreement he will not rely on any promises, guarantees or emphasis by or on behalf of “eMatj.com” except what is provided for in this agreement.

(2) through being bound by the conditions of use or any conditions of the service and through paying any applied fees, the store grants you a limited and unexclusive licence that is non-assignable and may not be subleased to have access to the non-commercial use of the “eMatj.com” services.

(3) This licence doesn’t involve the reselling or any commercial use of any of our services or their content. Also, it doesn’t involve any copy of the information available about the account in the favour of third parties or the use of means of getting data as well as any use of the tools of collecting and eliciting the similar data.

(4) You may not reproduce or make typical copy of this store, copy, sell, resell any part of it or use it in a different way for purposes of commercial or non-commercial exploitation of it without having an express written consent by “eMatj.com”.

(5) You may not use any descriptive marks or any other “hidden text” which exploits the name “eMatj.com” or its trademark without an express written consent by the store.

(6) All the information you disclose must be real, updated and correct and express yourself and match with what is required in the registration form we have.

(7) The user undertakes to precisely enter the information required to be entered in the store and he shall be responsible for regularly reviewing this information for the purpose of correcting, modifying or renewing it as long as you have new information regarding this and you are required to keep all the data and documents proving that.

(8) In case you have provided incorrect, unprecise, non-synchronized, or incomplete information or in case we have reasonable reasons to suspect that this information is incorrect, unprecise, non-synchronized, in complete or inconsistent with this agreement of use and without prejudice to any other rights under this agreement or the law, we will suspend or cancel your membership.

(9) You aren’t licenced in any of the forms to publish any link of stores or another applications via the store or through any features available within the store.

(10) You agree not to use “eMatj.com” or any service provided via it in an illegal, deceitful or antisocial way as we determine.

(11) You agree not to send any messages characterized by being racial or containing cursing and defamation or bad names, porn pictures or those characterized in general by being decadent.

(12) The user declares that he is fully entitled to publish the content via the store and this content doesn’t violate any of the rights of the third parties.

(13) The users shall bear all the legal liability in case they violate any personal property rights or intellectual property rights over any content published by them via the store.

(14) The store shall incur no liability in view of the publication of the content and we shall not be liable for the violation by the user of any of the rights of third parties and it shall be the user’s liability only.

(15) The store shall incur no liability in view of the misuse of the content and it shall be the user’s liability who misuses the content and in this case the user shall be deemed to be liable to us for his use of the content contained in the store.

(16) The store at any time shall be entitled to delete the content published by the users via the store in case we see that this content violates the intellectual property rights, trade marks, the rights of privacy, trade rights or other intellectual property rights of third parties.

(17) You shall be liable for the lack of the serious and credible use of the store.

(18) You may use our services in the form only legally permitted and according to the conditions of the agreement.

(19) You may not misuse our services in any of the forms.

(20) The user is bound to notify us in case of discovering any illegal use of the store.

(21) You declare that you will notify us in case of the existence of any publications, materials or transactions that seem to violate this agreement.

(22) The use of “eMatj.com” might be coupled with making available services or content of other bodies that aren’t under our control. Consequently, you declare that other conditions, provisions and policies of privacy apply to your use of the services and content of the bodies not belonging to us.

(23) The services of the store are available in all parts of the world and you declare and agree that you are bound by all the terms and conditions provided for in this agreement regardless of the state to which you belong or through which you enter into the store or on whose territory the services of the store are received.

(24) We shall be entitled at any time to put the name “eMatj.com” on the content provided by you via the store.

(25) All rights not expressly granted to you to these conditions of  or any conditions of another service shall be reserved by “eMatj.com”.

(26) The licences granted by us shall terminate in case you don’t comply with these conditions of use or any conditions of another service.


Section 8: Seller’s Terms and Conditions

In order to have a selling transaction according to law and to maintain the rights of the parties to this agreement as well as promoting confidence in customers, the seller undertakes and warrants what follows:

(1) The seller warrants that it exercises business according to the applicable laws and systems and that it has got all the licences and permits necessary for the exercise of e- business and the entry with the customer into this agreement and the seller undertakes to keep all the documents referring thereto.

(2) The seller warrants that it owns all the legal rights and authorities for selling the products and also it warrants that it has got all the permits necessary for selling the product.

(3) The seller warrants not to publish any false or misleading information about its products and that the display of products has a commercial legality.

(4) The seller warrants that all the information, images and the files of the products provided by the seller are true, precise and legal and are the products of the seller.

(5) The seller warrants that there are no restrictions on the customer for getting the products or disposing of them in any form to third parties.

(6) The seller warrants that there is no right of third parties connected with the products offered for sale via the store and that they are delivered to the customer free from any financial encumbrances and not connected with any personal or real rights.

(7) The seller warrants that the products are delivered to the customer at the delivery date agreed upon between the two parties according to the specifications displayed on the selling page and delivery is done in a professional manner in accordance with the provisions of this agreement.

(8) The seller warrants that it does its best to obtain the warranties from the companies that manufacture the products if any and it assigns hereunder the warranties to the customer within the permitted extent.

(9) The seller warrants that the products are free from apparent and latent defects and the seller doesn’t warrant that the products are free from defects that are permitted by custom.

(10) The seller warrants to keep the contact information of the customer and that it isn’t exploited in a way contrary to the privacy policy of the store.


Section 9: Product Policy

(1) The products shall be legal and authorized to be sold according to the laws in force and the seller shall get the licences for selling them.

(2) All the properties of the products shall be clarified on them as well as the method of using them, their validity, the product name, country of production and the use risks.

(3) The products shall be in a good condition and valid for use as well as being not damaged, free from breaking or the apparent or latent defects.

(4) The products offered for sale via the store shall correspond to the legal stipulations imposed by the consumer protection laws.

(5) It shall be prohibited to offer the imitated or srolen products or those for which the seller isn’t legally authorized to sell or those on which there are financial rights for third parties.

(6) It shall be prohibited to offer the alcoholic materials or drugs or the products which encourage gambling. Also, it shall be prohibited to offer weapons, ammunitions or products whose possession constitutes a criminal offence. In addition, it shall be prohibited to offer medicines or pills of drugs for sale via the store.

(7) It shall be prohibited to offer the products which violate the intellectual property rights, commercial rights or rights of privacy of third parties.

(8) The seller alone shall be liable for the illegality of the products he offers for sale via the store and he alone shall incur all the legal liability in case of the breach by these products of the terms of this policy or the provisions of the laws in force.

(9) The seller alone shall incur the liability for any damages arising from the use of the products without any liability of the store.

(10) The seller alone shall incur liability for the invalidity of the products for use or their unfitness for performing the functions advertised.

(11) The store allows the sellers to make discounts in relation to their products after obtaining the consent of Ministry of Trade.


Section 10: Customer’s Terms and Conditions

(1) In case the customer is a person, he must have the legal capacity necessary for the conclusion of the sale contracts and by the entry by the customer into this sale agreement, he declares that he has the legal capacity necessary for concluding the sale contract of the product.

(2) In case the customer is a company, institution or another entity, the legal representative of this entity or the person authorized to carry out the purchase transaction must carry out the purchase transaction.

(3) The customer may be able to make purchases of products through EMatj.com. Where these products are provided by sellers, you acknowledge that you are purchasing those products under the terms and conditions set by those sellers.

(4) The customer shall be bound to specify the product desired to be bought precisely according to the specifications he wishes and which are available via the store before he submits the purchase order.

(5) In case of submission by the customer of the purchase order, he shall not be entitled to go back on this order or to cancel it except with the consent of the store and the submission of the purchase order shall be deemed to be a final acceptance by the customer of the product.

(6) The customer shall be bound to pay the price of the product displayed by the store through the online methods identified by the store.

(7) The store keeps at any time what proves the validity of the details of the payment process done by the customer before the delivery of the product to him for avoiding deceptions and forgery of credit cards.

(8) The customer shall be bound at any time to disclose his identity, place of residence and banking information.

(9) In case of the refusal by the customer of the receipt of the products at the delivery date, the customer shall be actually and legally considered to have received the products at this delivery date.

(10) The customer undertakes not to dispose of the products with any legal act except after paying the full price of the bought products and he undertakes to complete the payment in case of the partial payment if done by mistake.

(11) In case of the receipt by the customer of the product, he ascertains its conditions and its correspondence to the specifications once he is enabled to do so according to what is conventional and the seller doesn’t warrant a defect that is permitted by custom and the customer must notify the seller of any defect other than that in relation to the product within 7 days from the receipt day and the product is stipulated to be in its condition. In case he doesn’t do so or the product is not in its conditions, his right to warranty shall be extinguished.

(12) The customer shall be subject to all the systems and instructions after the receipt of products in relation to the use of these products and which are set by the seller, the manufacturing company or the warranty as well as the use of the products in an ethical and legal way not to cause wrong to us or to cause any harm or annoyance to any other party.

(13) The customer shall be enabled to carry out evaluations of the sale transaction and the customer undertakes not to abuse this right and that the evaluations are true and expressing the performance of the service.

(14) Content provided on this store is solely for informational purposes. Product representations expressed on this store are those of the seller and are not made by us. Submissions or opinions expressed on this Store are those of the individual posting such content and may not reflect our opinions.

(15) Before the delivery date of the products sold to the customer and in case of the breach by the customer of this sale agreement, the store shall be entitled to cancel this agreement with the immediate effectiveness without any notifications or judicial notices while reserving by the store of the right to suitable compensations.

(16) The customer shall comply with all the policies followed by the store including the policies of payment, shipment, return and the use of products.

(17) The customer shall be bound by the provisions of laws, decrees and systems in force.


Section 11: Terms and Conditions of Sale and Purchase

(1) The sale transaction shall be done online according to the availability of products with the seller. Consequently, the customer exempts the store from any liability in case of the unavailability of products with the seller or the quantity run out of.

(2) Products shall be made available according to the specifications displayed on the selling page-consequently, the seller shall not be bound to make available any additional properties or advantages after the delivery of the product to the customer.

(3) The store doesn’t warrant that the all products satisfy all the expectations of the customer upon their use. Consequently, the customer accepts them in the conditions at the time of purchase.

(4) In case of the performance by the customer of all his obligations connected with payment and the inability by the seller to deliver the products determined to be bought at the delivery date, the customer may give notice to the store of the termination of the sale transaction.

(5) We might ask you at any time in relation to more of identification process including the customer’s full name, e-mail, address in detail, mobile phone No and other information we consider necessary for the completion of the sale transaction.

(6) The store shall reserve the ownership of the content of products, all images and visual files and shall enjoy the rights of publishing them at anytime.

(7) The store shall reserve at anytime the right to refuse or to cancel the purchase orders in case we can’t make sure of the information and address of the customer or in case of suspicion that the order might cause a deceptive danger to credit cards.

(8) The store excludes from its warranties, clauses and conditions any financial losses that might be connected with the customer or the distorted reputation or any damages arising from the your misuse of products or the store and the store shall not incur any liability or claims in such cases.

(9) In case the customer buys quantities of products for the purpose of selling them, the store doesn’t warrant the customer’s ability to market these products or the extent of their marketability as well as getting profits from reselling them.

(10) The store might be unavailable from time to time due to the acts of repair, maintenance or development and you agree that the store shall not be bound to provide the technical support at anytime.

(11) The store doesn’t warrant that technical defects will be repaired or that the store or its servers are free from viruses or anything else that is harmful or destructive and you know that the stores on the internet might be exposed to corrupt data or its unavailability or the delay of its appearance and you accept that.


Section 12: Payment Policy

(1) The price of products shall be paid in Saudi Riyals.

(2) The customer has to have access to the prices of products and to take the final decision in relation to the sale transaction before payment and the customer knows and agrees that these prices are final.

(3) The customer shall be bound to pay the prices of the products he decided to buy via the store with the payment methods approved by us (Visa, PayPal, Mada).

(4) The store doesn’t agree to incur the consequence of any mistake related to the payment process done by the customer. Also, it doesn’t incur the consequence any hacking act or deception connected with credit cards or the bank accounts of the customer.

(5) The amounts paid by the customer to the store shall be final and may not be modified either in increase or decrease and they may not be recovered except with the consent of the store.


Section 13: Fees and Taxes

(1) The store shall not levy fees on the registration of membership. Store “eMatj.com” shall provide free membership to the customers.

(2) The store shall collect the price of products only from the customer and it shall not collect ant other fees or costs except the freight (if any).

(3) The products got by the customer from the store shall be inclusive of all levied governmental taxes. Value added tax shall be added to the invoice in the value of 5% out of the invoice value and it shall be collected by the store from the customer then it shall be paid to tax authorities.

(4) In case of using the electronic payment for the products, the bank might levy as for the payment process fees on the transfer of funds. Therefore, the customer shall incur these fees.


Section 14: Shipment Policy

(1) The customer shall incur the freight of products and shipment shall be done through companies approved by the store and the store sometimes provide a free shipment in relation to some products (Notice will be expressly given on the page of the product).

(2) Shipment shall be done in accordance with the policies approved by the shipping companies that shall determine the freight and the time period in all cases.

(3) The customer undertakes to keep the online payment receipts that might be asked while delivering products to him. Also, he undertakes to sign the product delivery receipt.

(4) The customer shall be bound to pay the price of the products he ordered (in case he didn’t pay with the electronic means) in addition to the freight (if any) once he receives the products upon delivery.

(5) The customer undertakes to examine the products before signing their receipt from the shipping representative and he declares that his signature of the receipt is deemed to be a conclusive evidence that the products are free from any apparent defects such as damage being broken or defects.

(6) The store shall not be liable to the customer for the delay of the product delivery date in case of the occurrence of any emergency beyond control including but not limited to force majeure such as floods, storms, acts of warfare, public events etc.

(7) In case of the delay by the store of delivering the sold products due to force majeure in a way that clarifies that the delivery of the sold products at the determined delivery date isn’t possible, the store shall inform immediately the customer of these circumstances and provide the customer with a new delivery date.

(8) During the delay period, the liability of the customer shall cease in relation to payment until the circumstances of force majeure are treated and thereafter the payment obligations shall be performed by the customer.

(9) The customer undertakes to treat the shipment representative well and to incur all the legal liability for any personal fault done by him against the shipment representative. Also, the store relieves itself of the liability for any personal faults committed by shipment representative against the customer.

(10) In case of the refusal by the customer of receiving the products from the shipping representative in spite of their correspondence to the publicized specifications, here the customer shall be deemed to have received the products constructively and he shall be bound to pay freight amicably or judicially.

(11) The customer shall comply with the shipment policy of the store which might change from time to another.


Section 15: Return Policy

(1) The store entitles the customer to apply for the refundability or exchangeability of products within 7 days from the date of receiving the product from the store.

(2) The store accepts the refundability or exchangeability of products in case of satisfying the following conditions only:

1. The non-use by the customer of products or not opening them or getting any benefit from them.

2. Not damaging the products or causing any defects to them after receiving them from the shipping company.

3. Not damaging the packs or package of products or the loss of the complementary parts of products.

4. The customer keeps the sale invoice and to deliver it to the shipping company or at the place of the seller institution.

(3) The store “eMatj.com” shall not accept the refundability or exchange of the products in the following cases:

1. The refundability or exchange request has been submitted after the elapse of 7 days from the date of receiving the product.

2. The products have been used, installed, damaged or benefited from or in case the products are not in the condition received by the customer.

3. The store shall not accept the refundability of some products such as (underwear, socks and stockings, free clothes, ….etc) and any other products whose return affects the health of customers such as contagions diseases or the spread of infections.

4. The damaged products covered by the warranty of the manufacturing company.

5. Products recklessly dealt with or whose serial numbers have been removed.

6. Products without price labels, stickers or the original cover or the inexistence of their accessories.

7. Fragile products.

8. Any exchange or refundability requests in contravention of the provision of paragraph “2” of this section.

(4) In case of refundability or exchangeability due to a defect of the product, the store examines the product and in case it is proved that the defect is due to the product, the store shall incur the costs of refundability, the shipment exchangeability of the product.

(5) In case of refundability or exchangeability due to the customer and not to a defect of the product, the customer shall incur all the costs of refundability, the shipment exchangeability of the product.

(6) In case of the refusal by the store of the refundability or exchangeability of the product request provided by the customer and the refusal by the customer of receiving the product once more, the store shall be entitled to get rid of these products after the lapse of 15 days from the date of the customer’s refusal.

(7) In case of accepting refundability request, the store shall return the price of the product to the customer within 15 business days from the date of accepting the refundability request and the price of the product shall be returned in the same method in which payment was made.

(8) In case of accepting the exchange request, the difference between the price of the product that is exchanged and the price of the new product shall be observed. In case the price of the new product that is selected by the customer is lower than the price of the product that is exchanged, the store shall return the price difference within 15 business days in the same method of payment. But in case the price of the new product that is selected by the customer in bigger than the product that is exchanged, the customer shall pay the price difference to the store in the methods of payment approved by us.


Section 16: Warranty Policy

The store shall make available the products offered for sale according to the warranties submitted by the manufacturing companies, traders or sellers and the store shall not make available any warranties of the products and the store shall transfer all the warranties of the products to the customers. In case of the availability of a warranty of the product by the manufacturing company or the trader, the store shall deliver the warranty certificate to the customer and it shall include the warranty period and maintenance center. In all cases, the warranty shall include the manufacture defects only and shall not cover all the damages caused to the product as a result of the misuses by the customer.


Section 17: Evaluations Policy

(1) It shall be prohibited to use illegal words or phrases during the evaluation process.

(2) The comments must be true, legal and expressive of the service provided to the customer.

(3) It shall be prohibited to publish any advertisements or to promote goods or services through the service of evaluation of our store.

(4) It shall be prohibited to use logos, names of sites or other applications, famous or unfamous trademarks during the evaluation process.

(5) It shall be prohibited to make comparisons between our services and the services of our competitors in a way that makes a wrong to us or competitors.

(6) It shall be prohibited to make a wrong to the peoples, countries, cultures, society or any human, societal or religious values during the evaluation process.

(7) The store shall be entitled not to publish the comments in case they are illegal or untrue from our point of view.

(8) The store shall be entitled to delete any comments that have been published in case they breach the preceding provisions, any terms and conditions, the sale agreement or the privacy policy.

(9) The store shall reserve its legal right to resort to judiciary in case of making a wrong to us through the service of comments.

(10) The third party to whom a wrong was made through the service of comments shall be entitled to resort to judiciary against the customer who has added the illegal comments without having recourse against us.


Section 18: Telecommunications

(1) You agree on getting telecommunications from us and we will communicate with you via e-mail, mobile phone number or through the other services of “eMatj.com”.

(2) You agree that all agreement, notices, disclosures and other telecommunications done by us online satisfy all the legal conditions as if they were written with all their legal effects.

(3) “eMatj.com” requires your consent during the registration process to sending messages on your e-mail, mobile phone or via the store for promotion purposes to inform you of any changes, advantages or new activities added to your store.

(4) In case you decide at any time that you don’t want to receive promotion messages, you can deactivate the receiving of these messages through correspondence with us. But in this case we don’t ensure that you will enjoy our services fully.


Section 19: Copyrights

(1) The store and ideas expressed within it shall be our intellectual property rights. Any imitation or plagiarism of the store or some of its services (including ideas, texts, symbols and software) shall be deemed to be a violation of our copyrights for which we will take all the legal procedures against the perpetrator of the said violations.

(2) All the contents included or available within the “eMatj.com” services such as (texts, logos, pictures, graphs, voice, recordings, icon buttons, digital contents, materials that are uploaded, software and collection of data) shall be the property of the store and shall be protected by Kingdom of Saudi Arabia laws and the international copyrights laws.

(3) The collection of all data inserted in the service of “eMatj.com” or making it available by any of our services shall be exclusively and privately owned by  “eMatj.com” and protected under the Kingdom of Saudi Arabia laws of copyrights and the international ones and also shall be protected under the international conventions in force such as Bern Convention and TRIPS Agreement.


Section 20: Trademarks

(1) “eMatj”, “eMatj.com” and logos connected with it shall be our trademarks and/or our services marks.

(2) Pictures, logos, headers of pages, icon buttons, texts and services names shall be trademarks and commercial designs of “eMatj.com”.

(3) Reproduction of trademarks or commercial designs of “eMatj.com” in any media or advertising means shall be prohibited without a written permission from us.

(4) Trademarks and commercial designs of “eMatj.com” may not be used for contacting any product or service that doesn’t belong to us not to cause harm to the position and credibility of “eMatj.com” or to cause harm to its customers.


Section 21: Assignment of Rights and Obligations

(1) “eMatj.com” shall be entitled to transfer all the rights mentioned in this agreement to third parties without any objection by the user. All shall be bound to perform all their obligations mentioned in this agreement to the assignee immediately they are notified of the assignment. The assignee shall be entitled to take all the legal procedures against whoever doesn’t perform his obligations under this agreement.

(2) You may not assign your obligations and rights under this agreement or authorize a third party to manage your account in the store except after getting a written consent from us.


Section 22: Legal Liability

(1) You shall be bound by all the laws and regulations in force within the state in which you use the store in relation to your use of the store and shall incur all the liability arising from your breach of the laws and regulations also you shall be bound by all the terms and conditions provided for in this agreement.

(2) In case of the breach by the user of any of the conditions or provisions of this agreement, “eMatj.com” shall be entitled to take an administrative action within the store. This action might be the suspension of membership for a time period or a permanent ban on the user in breach. He shall not be entitled in this case to register in the store once more except with an express consent of “eMatj.com”.

(3) The penalties imposed by “eMatj.com” on the parties to this agreement shall not affect adversely the right of each party to take all the legal procedures he considers appropriate according to his discretion without having recourse against us and without the liability of the store.

(4) The customer shall be liable under this agreement and under the law and shall be bound to compensate us in case he gives ostensible purchase orders, not serious ones or their purpose is to annoy us and to waste our time. Also, he shall be legally liable to the shipping companies in this case.

(5) In case you violated this agreement, “eMatj.com” shall reserve its right to recover any amounts due to us from you as well as any losses or damages caused by you. And the store shall be entitled to take the legal procedures or to resort to competent courts to file civil or criminal actions against you.

(6) “eMatj.com” doesn’t ensure to take actions against all the violations of this agreement. Not taking legal procedures in relation to any of the cases of violation shall not mean a waiver of our right to take these procedures at any time we consider appropriate.


Section 23: Limits of Our Liability

(1) You expressly agree that you are personally liable for the use by you of “eMatj.com”.

(2) We provide our services “as they are available” without any promises or guarantees of any kind whether express or implied through the use of this store, it’s content or services provided by it.

(3) The store doesn’t warrant that technical defects will be repaired or that the store or its servers are free from viruses or anything else that is harmful or destructive and you know that the stores on the internet might be exposed to corrupt data or its unavailability or the delay of its appearance and you accept that.

(4) The store might be unavailable from time to time due to the acts of repair, maintenance or development and you agree that the store shall not be bound to provide the technical support at anytime.

(5) You declare that “eMatj.com” is an internet – based service and in spite of exerting our best to keep information safe, we can’t guarantee that information received or transmitted by the user while using the store is safe at all times.

(6) “eMatj.com” doesn’t provide any guarantee and shall not incur any liability in relation to the modernity, commonness, precision and quality of information received by the user via the store.

(7) The liability of using or depending on the information that is received or reached by the user through the “eMatj.com” services shall completely lie on this user.

(8) “eMatj.com” doesn’t provide any guarantees that this store, its servers or the messages are free from viruses or other harmful components.

(9) “eMatj.com” can’t assure that each user of the store is actually the person he claims to be.

(10) The store shall not be liable in all cases for any direct, indirect or dependent losses, loss of profits or damage to the fame whatsoever as a result of disclosing your user name and/or password.

(11) “eMatj.com” shall not be legally liable for losses or damages whatsoever that might arise from using this store including but limited to the direct and indirect damages.

(12) We might at anytime modify, suspend or interrupt the “eMatj.com” services without sending a notification to you thereof. Also, we might suspend your use of our services in case you violate these conditions and terms or in case you have misused these services from our point of view.

(13) Without prejudice to its other rights, “eMatj.com” shall be entitled to suspend or cancel your membership or your access to the store at any time without notice and for any reason and to cancel this agreement.


Section 24: Compensations

(1) You agree to compensate “eMatj.com” and to acquit its liability as well as defending it against all the actions and claims brought or claimed by third parties as a result of your use of store or due to the violation of these conditions and terms or the breach of the rights of the other users.

(2) The store excludes from its warranties, clauses and conditions any financial losses that might be connected with the customer or the distorted reputation or any damages arising from the your misuse of products or the store and the store shall not incur any liability or claims in such cases.

(3) “eMatj.com”, its officials and employees shall not be legally liable to you or to another party for any direct or indirect loss or any other cost that might arise from, in connection with the performance of this agreement or the provisions of our services.

(4) The user has to protect “eMatj.com” and its employees, defend them and compensate them for any losses resulting from any action or claim connected with the store or from an act or negligence by the user, his representative or agents.

(5) You shall be bound to compensate for any losses or damages caused to the store as a result of any illegal use or not permitted by us.


Section 25: Modifications

(1) The user shall be bound with the changes and modifications done by the store in relation to the applied policies and he has to accept any modifications considered by “eMatj.com” to be necessary.

(2) We may at anytime conduct modifications or improvements we consider appropriate and necessary for increasing the efficiency of the store. The user shall be bound with any directions or instructions provided by the store to him in this regard.

(3) You may not change any terms of this agreement amend or replace them without a written consent from “eMatj.com”.

(4) We may amend or update these terms and conditions of the agreement in relation to the use of the store without notifying you thereof. Thus, you have to have access to this agreement regularly.

(5) You agree to be bound by all the additional conditions and terms that will be made available to you in connection with the use of any of the services available via the store. These additional conditions and terms are attached to this agreement.


Section 26: Cancellation of The Agreement

The agreement shall be deemed to have been automatically rescinded without the need of excuses or taking judicial procedures in any of the following cases:

(1) In case your breach of any paragraph or term of the terms of this agreement above mentioned is proved while reserving all our rights to claim compensation for the damages resulting therefrom.

(2) Assigning or subleasing the account without our consent.

(3) The non-performance by the user of any obligations provided for this agreement without taking serious actions to eliminate this breach while reserving our rights to claim compensations if necessary.

(4) Inability to document any information you provided us with.

(5) In case we decide at anytime that your activities resulted in legal disputes to you or to other users.

(6) The cease of the activity of the store or the cease of the activity of the official of store management.


Section 27: Notices

(1) Any notices you like to send to “eMatj.com” must be sent through the features specified within the store. Any notices sent outside the store shall not be considered.

(2) Any notices “eMatj.com” likes to send to you shall be either by publicizing them via the store or sending them to you via the mobile phone number or e-mail you provided us with during the registration process. You are supposed to have known of the notice as soon as the notice is publicized via the store or with the lapse of 24 hours from the time at which the message was sent to you.


Section 28: Applicable Law and Competent Courts

(1) This agreement shall be governed by the laws in force within Kingdom of Saudi Arabia.

(2) Judiciary within Kingdom of Saudi Arabia shall have jurisdiction over any dispute that might arise from the interpretation or performance of this agreement.

(3) In case any of the provisions of this agreement becomes illegal or unenforceable, the legality and enforceability of the other provisions will not be affected.


Section 29: Language

(1) Arabic text of this agreement shall be the certified text in relation to interpretation and application of its terms and conditions.

(2) In case of conflict between the Arabic text and the translated text of this agreement, the Arabic text shall prevail.