Valid as of March 15, 2016
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, merchants, contributors of content, information and other materials or services on the Site
If you have any questions, please refer to the Contact US section of the Site.
1. VALOPAY is a Venue
VALOPAY acts as a venue to allow users who comply with VALOPAY's policies to offer, sell and buy certain goods within a fixed-price format. VALOPAY is not directly involved in the transaction between buyers and sellers. As a result, VALOPAY has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. VALOPAY does not pre-screen users (except for services that require an application) or the content or information provided by users. VALOPAY cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, VALOPAY does not transfer legal ownership of items from the seller to the buyer.
VALOPAY cannot guarantee the true identity, age, and nationality of a user. VALOPAY encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that VALOPAY is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on VALOPAY. You use the VALOPAY service at your own risk.
2. Membership Eligibility
Age: VALOPAY's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. VALOPAY may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use VALOPAY's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by VALOPAY's policies as stated in the Agreement and the VALOPAY policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by VALOPAY, which may be updated by VALOPAY from time to time without notice to you.
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by VALOPAY from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify VALOPAY of any unauthorized use of your password or any breach of security. You also agree that VALOPAY cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than VALOPAY without VALOPAY's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address and phone number. To sell items on VALOPAY you must provide and maintain accurate payment information such as valid prices information.
Account Transfer: You may not transfer or sell your VALOPAY account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: VALOPAY's services are not available to temporarily or indefinitely suspended VALOPAY members. VALOPAY reserves the right, in VALOPAY's sole discretion, to cancel unconfirmed or inactive accounts. VALOPAY reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Billing
Joining and setting up a shop on VALOPAY shall be according to the [contract between the Seller and Paytabs]. When you list an item you have an opportunity to review and accept the fees that you will be charged. Changes to any applicable fees that VALOPAY may charge for VALOPAY's services are effective after VALOPAY provides you with at least fourteen (14) days' notice by posting the changes on the Site and amendments in [contract between the Seller and Paytabs] in case of a shop/ seller on VALOPAY. However, VALOPAY may choose to temporarily add or change existing fees that may be added to VALOPAY's services for promotional events (for example, free listing days); such changes are effective when VALOPAY posts the temporary promotional event on the Site. VALOPAY may, at VALOPAY's sole discretion, change some or all of VALOPAY's services at any time. In the event VALOPAY introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in BHD (Bahraini Dinars) or as may be agreed upon.
In certain situations, including but not limited to a void or invalid transaction, VALOPAY may issue a credit for the applicable fees to a seller's billing statement in case of an added fees to VALOPAY’s services.
You are responsible for paying all fees mentioned above and applicable taxes associated with using VALOPAY. VALOPAY will send an invoice to the seller’s email address on file detailing the amount due for the prior month’s fees and charges. The seller must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due.
Fees and Termination: If VALOPAY terminates a listing or your account, if you close your account, or if the payment of your VALOPAY fees cannot be completed for any reason, you remain obligated to pay VALOPAY for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact VALOPAY.
4. Listing and Selling
Listing Description: All listings on VALOPAY must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with VALOPAY's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your VALOPAY shop. Your listings may only include products descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
Shop Policies: All sellers are urged to outline shop policies for their VALOPAY shop. These policies may include, for example, delivery, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with VALOPAY's site wide policies. Sellers are responsible for enforcing their own reasonable shop policies. VALOPAY reserves the right to request that a seller modify a shop policy.
Binding Sale: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable handling fees to cover the costs for completion of transaction. Sellers may not charge excessive delivery fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding VALOPAY transaction fees, misrepresent the item's location, or use another user's account without permission.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to VALOPAY and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on VALOPAY.
Restricted Activities: Your Content and your use of VALOPAY shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
- Violate this Agreement, [contract between the Seller and Paytabs], any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, consumer protection, unfair competition or false advertising)
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including VALOPAY staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Interfere with a seller’s business or shop
- Take any action that may undermine online reviews or feedback
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Modify, adapt or hack VALOPAY or modify another website so as to falsely imply that it is associated with VALOPAY;
- Appear to create liability for VALOPAY or cause VALOPAY to lose (in whole or in part) the services of VALOPAY's site and/or application or other suppliers
- Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, Bahraini Law, or other policy documents as posted on VALOPAY.
License: VALOPAY does not claim ownership rights in your Content. You grant VALOPAY a license solely to enable VALOPAY to use any information or Content you supply VALOPAY with, so that VALOPAY is not violating any rights you might have in that Content. You grant VALOPAY a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow VALOPAY to store, translate, or re-format your Content on VALOPAY and display your Content on VALOPAY in any way VALOPAY chooses. VALOPAY will only use personal information in accordance with the Applicable Law.
As part of a transaction, you may obtain personal information, including email address and delivery information, from another VALOPAY user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for VALOPAY-related communications. VALOPAY has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any VALOPAY user to your email or physical mail list. For more information, contact VALOPAY.
Re-Posting Content: By posting Content on VALOPAY, it is possible for an outside website or a third party to re-post that Content. You agree to hold VALOPAY harmless for any dispute concerning this use. If you choose to display your own VALOPAY-hosted image on another website, the image must provide a link back to its listing page on VALOPAY.
Idea Submissions: VALOPAY considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and VALOPAY shall not be liable for the disclosure or use of such Material. If, at VALOPAY's request, any member sends Material to improve the site (for example through the Forums or to customer support), VALOPAY will also consider that Material to be non-confidential and non-proprietary and VALOPAY will not be liable for use or disclosure of the Material. Any communication by you to VALOPAY is subject to this Agreement. You hereby grant and agree to grant VALOPAY, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the License Agreement, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
VALOPAY does not control the Content provided by users that is made available on VALOPAY. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with inaccurate orders and deceptive representation. By using VALOPAY, you agree to accept such risks and that VALOPAY (and VALOPAY's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on VALOPAY. Please use caution, common sense, and practice safe selling when using VALOPAY.
VALOPAY is not responsible for the availability of outside website s or resources linked to or referenced on the Site. VALOPAY does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such website or resources. You agree that VALOPAY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resources.
Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with VALOPAY's policies and acknowledge and agree to comply with the Bahraini Laws. VALOPAY is not involved with user generated groups, the groups' requirements, or the Meetings.
VALOPAY does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that VALOPAY does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on VALOPAY may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. VALOPAY IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO VALOPAY; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY VALOPAY, AND VALOPAY HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT VALOPAY IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, VALOPAY USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
9. Resolution of Disputes and Release
Disputes with VALOPAY: In the event a dispute arises between you and VALOPAY, please contact VALOPAY. Any question, controversy or claim arising under or relating to this Agreement, including without limitation any such matter or for any breach hereof, shall be settled by arbitration in accordance with the rules of the GCC Centre for Arbitration and the provisions of the laws of the Kingdom of Bahrain relating to arbitration, as said rules and laws are in effect on the date of this Agreement. The arbitration shall be conducted in the Kingdom of Bahrain, by and before a single arbitrator, who is experienced in the problem or problems in dispute, to be agreed upon by both parties, or if they are unable to agree upon an arbitrator within ten (10) days after written demand by either party for arbitration, then, at the written request of either party, the arbitrator shall be appointed by the GCC Centre for Arbitration, proceedings to obtain a judgment with respect to any award rendered hereunder shall be undertaken in accordance with the laws of the Kingdom of Bahrain including the conflicts of laws provisions thereof.
Each party shall pay one-half of the arbitrator's fees and expenses. Upon application to the arbitrator, the parties shall be entitled to limited discovery, including only exchange of documents and only depositions on such terms as the arbitrator may allow for purposes of fairness and to reduce the overall time and expense of the arbitration.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, VALOPAY encourages you to contact the user or third party to resolve the dispute amicably.
If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on VALOPAY, they may choose to participate in VALOPAY’s case system in order to resolve the dispute. Cases are escalated for review and resolution by VALOPAY. VALOPAY provides its dispute resolution process for the benefit of users. VALOPAY does so in VALOPAY's sole discretion, and VALOPAY has no obligation to resolve disputes between users or between users and outside parties. To the extent that VALOPAY attempts to resolve a dispute, VALOPAY will do so in good faith based solely on VALOPAY's policies. VALOPAY will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to the local law enforcement, or a certified mediation or arbitration entity, as applicable.
You release VALOPAY (and VALOPAY's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
10. VALOPAY's Intellectual Property
VALOPAY, and other VALOPAY graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of VALOPAY in the Kingdom of Bahrain and/or other countries. VALOPAY's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. Access and Interference
VALOPAY may contain robot exclusion headers that contain internal rules for software usage. Much of the information on VALOPAY is updated on a real-time basis and is proprietary or is licensed to VALOPAY by VALOPAY's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access VALOPAY for any purpose whatsoever, except to the extent expressly permitted by and in compliance with VALOPAY's License Agreement in case of Sellers, or otherwise without VALOPAY's prior express written permission. Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in VALOPAY's sole discretion, an unreasonable or disproportionately large load on VALOPAY's infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in VALOPAY from the Site except to the extent expressly permitted by and in compliance with VALOPAY's License Agreement in case of Sellers, or otherwise without the prior express written permission of VALOPAY and the appropriate third party, as applicable
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass VALOPAY's robot exclusion headers or other measures VALOPAY may use to prevent or restrict access to VALOPAY
Without limiting any other remedies, VALOPAY may, without notice, and without refunding any fees, delay or immediately remove Content, warn VALOPAY's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
VALOPAY suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the [contract between the Seller and Paytabs] or other policy documents and community guidelines incorporated herein; VALOPAY is unable to verify or authenticate any of your personal information or Content; or VALOPAY believes that a user is acting inconsistently with the letter or spirit of VALOPAY's policies, has engaged in improper or fraudulent activity in connection with VALOPAY or the actions may cause legal liability or financial loss to VALOPAY's users or to VALOPAY.
VALOPAY reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on VALOPAY.
Except as provided herein, VALOPAY will not sell or disclose your personal information (as defined in this Agreement) to third parties without your explicit consent. VALOPAY stores and processes content on computers located in the Kingdom of Bahrain that are protected by physical as well as technological security.
14. No Warranty
VALOPAY, VALOPAY'S subsidiaries, officers, directors, employees, and VALOPAY’s suppliers provide VALOPAY’s Web Site and Services “as is” and without any warranty or condition, express, implied or statutory. VALOPAY, VALOPAY’s subsidiaries, officers, directors, employees and VALOPAY’s suppliers specifically disclaims any implied warranties of title, merchant ability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from VALOPAY shall create any warranty.
15. Liability Limit
In no event shall VALOPAY, and (as applicable) VALOPAY’s subsidiaries, officers, directors, employees or VALOPAY’s suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connections with the use of the site, VALOPAY's services, or this agreement, including without limitation, lost profits, bodily injured, food poisoned and health issues, emotionally distress, or any special, incidental or consequential damages.
You agree to indemnify VALOPAY and (as applicable) VALOPAY's subsidiaries, affiliated, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
17. No Guarantee
VALOPAY does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside VALOPAY's control.
18. Legal Compliance; Taxes
You shall comply with all applicable local laws and regulations regarding your use of the Site and any VALOPAY service and, if applicable, your listing, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any sales of items you make on the Site.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
20. No Agency
You and VALOPAY are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. VALOPAY Service
22. Governing Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the Kingdom of Bahrain.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (VALOPAY's Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Governing Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by registered mail to VALOPAY; [Flat 1, Building 505, Road 1319, Block 513, Maqabah, Kingdom of Bahrain or Contact US in this web site or application] (in the case of VALOPAY) or, in your case, to the email address you provide to VALOPAY (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, VALOPAY may give you notice by registered mail to the address provided to VALOPAY. In such case, notice shall be deemed given three days after the date of mail delivery.
For issues with intellectual property, please provide the notice as specified in VALOPAY's [Flat 1, Building 505, Road 1319, Block 513, Maqabah, Kingdom of Bahrain or Contact US in this web site or application]
The services hereunder are offered by VALOPAY [Flat 1, Building 505, Road 1319, Block 513, Maqabah, Kingdom of Bahrain], you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.