Use of the website and mobile applications
10.1. In this Section 10, “marketplace” and “website” shall be used interchangeably to refer to the MDRISS STORE website and mobile application.
10.2. possible to:
10.2.1. view our website pages in a web browser.
10.2.2. Download pages from our website to be cached in a web browser.
10.2.3. print pages from our website for your personal, non-commercial use, provided that such printing is not systematic or excessive.
10.2.4. use our website’s media player to stream audio and video files from our website.
10.2.5. The use of our marketplace services using a web browser is subject to the other provisions of these terms and conditions.
10.3. Except as expressly permitted by Section 10.2 or otherwise in these Terms and Conditions, you may not download material from our website or store such material on your computer.
10.4. You may only use our website to sell or buy products on our marketplace for personal and commercial purposes.
10.5. Except as expressly permitted by these terms and conditions, you may not modify or alter in any way any element or material of our website.
10.6. Unless you own or control the real and related rights in the material or relevant content, you may not .
10.6.1. Republish content or materials from our website (including on other websites).
10.6.2. sell, rent or sublicense any content or material on our website.
10.6.3. publicly display any material or content on our website.
10.6.4. use material or content from our website for any commercial purpose.
10.6.5. Redistribute material or content from our website.
10.7. Notwithstanding clause 10.6, you may transfer links to products on our website and redistribute our newsletters and promotional materials to anyone in print and electronic form.
10.8. We reserve the right to suspend or restrict access to our website, certain parts of our website and/or the functionality of our website. For example, we may suspend access to the Website during server maintenance or when updating the Website. You may not circumvent or attempt to circumvent access restrictions on this website.
10.9. You must not:
10.9.1. use our website in any way or take any action that causes or may cause damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website .
10.9.2. use our website in an unethical, illegal, unlawful, fraudulent or harmful manner, or in connection with any illegal, fraudulent or harmful activity or purpose
10.9.3. hack or otherwise alter our website.
10.9.4. probe, scan or test the vulnerability of our website without our permission.
10.9.5. circumvent any authentication or security systems or processes on or in connection with our website.
10.9.6. use our website to copy, store, host, transmit, send, use, publish or distribute any material or content consisting of (or relating to) any spyware, computer virus, Trojan horse, worm, keylogger, rootkit or any other malicious computer software.
10.9.7. impose an unreasonably high load on our website’s resources (including bandwidth, storage capacity and processing capacity).
10.9.8. decipher or decrypt any communication sent by or to our website without our permission.
10.9.9. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent .
10.9.10. access or otherwise interact with our website using any robot, spider or other automated means, except for search engine indexing purposes.
10.9.11. use our website except through our public interfaces
10.9.12. violate the guidelines set out in our website’s robots.txt file.
10.9.13. use data collected from our website for any direct marketing activities (including, without limitation, email marketing, SMS marketing, telemarketing and direct mail).
10.9.14. Do anything that interferes with the normal use of our site
11. Trademarks and Intellectual Property (Copyright)
11.1. In these general conditions, it is clearly stated that:
11.1.1 We, together with our licensors, own and control all copyright and other intellectual property rights in our website and the material and all content on our website
11.1.2. All copyright and other intellectual property rights in our website and the materials and content on our website are reserved.
11.2. The MDRISS STORE logo and our other registered and unregistered marks are our marks; we do not grant any license to use these marks, and such use may constitute an infringement of our rights without proper written permission signed by us.
11.3. The registered and unregistered third-party trademarks or service marks on our website are the property of their respective owners, we do not endorse or are affiliated with any such rights holder, and we cannot grant any license to exercise such rights.
12.1. Buyers agree to the processing of their personal data in accordance with the terms set out in MDRISS STORE’s Privacy and Cookies Notice.
12.3. The seller is directly liable to the buyer for any misuse of his personal data, and MDRISS STORE is not responsible for any misuse of the seller’s personal data.
Audit and due diligence
13.1. We operate anti-fraud and anti-money laundering compliance programs and reserve the right to perform due diligence on all users of our marketplace.
13.2. We undertake to provide us with all the information, documents and access to your business premises that we may need:
13.2.1. To verify your membership and performance of your obligations under these terms and conditions.
13.2.2. For purposes of disclosure pursuant to a valid order of a court or other government agency.
13.2.3. To the extent required by applicable law or regulation.
MDRISS STORE 'Marketplace'
14.1. You acknowledge that:
14.1.1. MDRISS STORE provides a marketplace for third party buyers and sellers or MDRISS STORE, when MDRISS STORE is the seller of a product.
14.1.2. the seller concerned by the sale of the products on the marketplace (whether MDRISS STORE is the seller or whether it is a third-party seller) remains at all times exclusively responsible for the products he sells on the marketplace.
14.1.3. in the event of a problem related to the purchase of a product on the marketplace, the buyer must appeal to the relevant seller of the product by following the process defined in the Dispute Resolution Policy.
14.2. We undertake that MDRISS STORE, or third-party sellers, as applicable, submit information relating to their products on the marketplace, which is complete, accurate and up-to-date in accordance with the following:
14.2.1. the relevant seller warrants and represents the completeness and accuracy of its information published on our marketplace regarding its products.
14.2.2. the seller concerned guarantees and declares that the information published on the marketplace is up to date.
14.2.3. If a buyer has a complaint regarding the accuracy or completeness of product information received from a seller (including where MDRISS STORE is the seller), the buyer may appeal to the relevant seller by following the process set out in the MDRISS STORE Dispute Resolution Policy.
14.3. We do not warrant or represent that the Marketplace will operate without failure; or any service on the marketplace will remain available upon the occurrence of events beyond the control of MDRISS STORE (including but not limited to events of force majeure) which include, but are not limited to: flood, drought, earthquake earth or other natural disasters; hacking, viruses, malware or other malware attacks on the marketplace; terrorist attacks, civil wars, civil unrest or riots; wars, threats of war or preparations for war; epidemics or pandemics; or extra-constitutional events or circumstances that materially and adversely affect the political or macroeconomic stability of the territory as a whole.
14.4. We reserve the right to discontinue or modify any or all of our Marketplace services, and to stop publishing our Marketplace, at any time, in our sole discretion, without notice or explanation; and you will not be entitled to any compensation or other payment in the event of the discontinuance or modification of any service offered on the Marketplace, or if we cease to publish the Marketplace. This is without prejudice to your rights with respect to any unfulfilled order or any other existing liability of MDRISS STORE.
14.5. If we terminate or modify any or all of our marketplaces unrelated to force majeure, we will notify buyers and sellers at least fifteen (15) days in advance with clear instructions on what to do. For current transactions or other existing obligations of the MDRISS STORE.
14.6. We do not guarantee any business results from using the Marketplace.
14.7. To the fullest extent permitted by applicable law and subject to section
15.1 below, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our marketplace and the use thereof.
Disclaimers and Limitations
15.1. Nothing in these terms and conditions shall:
15.1.1. Limit any liability in any manner not permitted by applicable law.
15.1.2 Exclusion of any liability or legal right which cannot be excluded under applicable law.
15.2.1 Nothing in these terms and conditions:
15.2.2. Control all liabilities arising out of or in connection with the subject matter of these terms and conditions, including contract, tort (including negligence) and breach of statutory duty, except as expressly provided otherwise in these terms and conditions.
15.3. We will not be liable to you for any loss or damage to the Services provided to you free of charge.
15.4. Our total liability to you for any contract for the provision of services under these terms and conditions shall not exceed the total amount paid and payable to us under the contract. For the purposes of this Section 15, each separate transaction in the Marketplace constitutes a separate contract.
15.5. Notwithstanding the clause.
15.4 above, we will not be liable to you for any loss or damage, including:
15.5.1.any loss due to interruption or malfunction of the site.
15.5.2. any loss resulting from events or occurrences beyond our reasonable control.
15.5.3. any loss of business, including (but not limited to) loss of or damage to profits, revenue, usage revenue, production revenue, anticipated savings, business, contracts, business opportunities, or goodwill
15.5.4. Any loss or damage to data, databases or software.
15.5.5. Any special, indirect or consequential loss or damage.
15.6. You agree that we have an interest in limiting the personal liability of our officers and employees, and in light of that interest, you acknowledge that we are a limited liability entity; any claims made by our officers or employees (this shall not limit or exclude any limited liability entity’s liability – even and the negligence of our officers and employees).
15.7. Our Marketplace contains hyperlinks to other websites owned and operated by third parties; these hyperlinks are not recommendations. We have no control over third-party websites and their content and are not responsible for them or for any loss or damage that may arise from your use of such websites.