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Terms & Conditions

Term of Services

 

TERMS & CONDITION

 

Terms of Use -  Halal Commerce Mall

 

BACKGROUND:

 

            These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website HalalCommercemall.com ("Our Site”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site AND/OR You will be required to read and accept these Terms of Use when signing up for an Account. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. These Terms of Use do not apply to sales or purchases made on Our Site. Please refer to Our Terms for Sellers or Terms for Buyers for more information.

 

1.               Definitions and Interpretation

1.1            In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

"Account”

means an account required to access and/or use certain areas of Our Site, as detailed in Clause 4;

"Buyer”

means a User who makes a purchase on Our Marketplace;

"Content”

means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

"Marketplace”

means Our platform for Buyers and Sellers on Our Site;

"Seller”

means a User (Vendor) who sells on Our Marketplace;

["Third Party Advertising”

means advertising displayed on Our Site, provided by third parties;

["Third Party Advertiser”

means a party responsible for Third-Party Advertising displayed on Our Site;

"User”

means a user of Our Site;

"User Content”

means any Content added to Our Site by a User;

"We/Us/Our”

Means Halal Commerce Canada is a company - registered in the province of Ontario, Whitby, Canada.

 

2.               Information About Us

Our Site is owned and operated by Halal Commerce Canada, whose main trading and/or doing business as (DBA) internet Brand domain as Halal Commerce Mall (HCM) abbr. (HCM). (www.halalcommercemall.com)

 

3.               Access to Our Site

3.1            Access to Our Site is free of charge.

3.2            It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3            Access to Our Site is provided "as is” and on an "as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms of Use, Our Terms for Buyers, and Our Terms for Sellers, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

4.               Accounts

4.1            Certain parts of Our Site (including the ability to buy and sell through the Marketplace) require an Account in order to use them.

4.2            You may not create an Account if you are under 16 years of age. If you are under 16 years of age, your parent or guardian should create the Account for you and you must only use the Account with their supervision.

4.3            When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.4            We require OR recommend that you choose a strong password for your Account, consisting of "a combination of lowercase and uppercase letters, numbers, and symbols".

4.5            It is your responsibility to keep your password safe. You must not share your Account with anyone else.

4.6            If you believe your Account is being used without your permission, please contact Us immediately at support@halalcommercemall.com. We will not be liable for any unauthorized use of your Account.

4.7            You must not use anyone else’s Account without the express permission of the User to whom the Account belongs

4.8            All personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 15.

4.9            If you wish to close AND/OR [delete] your Account, you may do so at any time by contacting us at support@halalcommercemall.com. If you delete your Account, We will remove your information from Our systems and will remove your User Content from Our Site (where applicable). If we suspend your Account, nothing will be deleted, but you and your User Content will cease to be visible to other Users on Our Site. Deleting your Account will also remove access to any areas of Our Site requiring an Account for access. 

5.               Intellectual Property Rights and Use of Our Site

5.1            With the exception of User Content, all Content included on Our Site and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content, including User Content, is protected by applicable United Kingdom and international intellectual property laws and treaties. The local law of the province of Ontario, Canada.

1.1            Subject to sub-Clause[s] 5.3 [and 5.6], you may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content (including User Content) from Our Site unless given express wrote permission to do so by Us or the relevant User.

1.2            You may:

1.2.1          access, view, and use Our Site in any web browser (including, but not limited to, in-app web browsers);

1.2.2          download Our Site (or any part of it) for caching;

1.2.3          print one ( copy of any pages) from Our Site;

1.2.4          downloads extract from pages on Our Site; and

 

1.2.5          save pages from Our Site for later and/or offline viewing.

1.3            The owner and author of any Content (including User Content) must always be acknowledged when re-using that Content.

1.4            You may not use any Content (including User Content) printed, saved, or downloaded from Our Site for commercial purposes without first obtaining a license from Us (or Our licensors, or the relevant User, as appropriate) to do so. This does not prohibit the normal access, viewing, and use of Our Site for general purposes whether by business users or consumers.

Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyright, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering, in particular, the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody, or pastiche; and the incidental inclusion of copyright material. 

2.               User Content

2.1            User Content on Our Site includes (but is not limited to) creativity, ads, images, post, audio, video, digital content, guest post, content text.

2.2            You agree that you will be solely responsible for your User Content. Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that it will comply with Our Acceptable Usage Policy.

2.3            You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.

2.4            You (or the licensors who own the Content in question, as appropriate) retain the ownership of the User Content that you submit to Our Site and all the intellectual property rights in that User Content. By submitting User Content to Our Site, you grant Us an (irrevocable,) unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide license to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-license your User Content for the purposes of operating (and promoting) Our Site.

2.5            If you wish to remove User Content, you may do so by following the instructions provided https://halalcommerce/home/faq, We will use reasonable efforts to remove the User Content from Our Site. Removing User Content also revokes the license granted to Us to use that User Content under sub-Clause 6.4. Please note that caching or references to your User Content may not be made unavailable immediately (or may not be made unavailable at all where they are outside of Our reasonable control).

2.6            We may reject, reclassify, or remove any User Content from Our Site where in violates Our Acceptable Usage Policy, or if We receive a complaint from a third party about it and determine that it should be removed in response to that complaint. If any of your User Content is removed, you will be informed of the removal and the reasons for the removal in writing.

 

3.               Links to Our Site

3.1            You may link to Our Site provided that:

3.1.1          you do so in a fair and legal way;

3.1.2          you do not do so in a way that suggests any form of association, endorsement, or approval on Our part where none exists;

3.1.3          you do not use any logos or trademarks displayed on Our Site without Our express written permission; and

3.1.4          you do not do so in a way that is intended to damage Our reputation or to take unfair advantage of it.

3.2            You may link to any page on Our Site.( OR ) You may not link to any page other than the homepage of Our Site, https://halalcommerce.ca. Linking to other pages (known as "deep linking”) requires our express written permission. Please contact Us at "Contact us" on the homepage for further information.

3.3            Framing or embedding of Our Site on other websites requires Our express written permission. Please contact Us at the Contact Us form on the homepage for further information..

3.4            You may not link to Our Site from any other site where that site’s main content (i.e. the site’s primary purpose and content, not comments or similar from other users) contains material that:

3.4.1          is sexually explicit;

3.4.2          is obscene, deliberately offensive, hateful, or otherwise inflammatory;

3.4.3          promotes violence;

3.4.4          promotes or assists in any form of unlawful activity;

3.4.5          discriminates against or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

3.4.6          is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

3.4.7          is calculated or is otherwise likely to deceive another person;

3.4.8          is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

3.4.9          misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

3.4.10       implies any form of affiliation with Us where none exists;

3.4.11       infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or

3.4.12       is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence. 

4.               Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them. 

5.               Third Party Advertising

5.1            We may feature Third Party Advertising on Our Site.

5.2            You agree that you will not attempt to remove or hide any Third Party Advertising using HTML/CSS/JavaScript or by any other method.

5.3            We are not responsible for any Third Party Advertising on Our Site. OR Each Third Party Advertiser is responsible for the content of their own Third Party Advertising. We will not be responsible for any Third Party Advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.

6.               Disclaimers and Legal Rights

6.1            Nothing on Our Site constitutes advice on which you should rely. Information and other materials on Our Site are provided for general information purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.

6.2            Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you (if you are a consumer) you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

6.3            We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

6.4            We are not responsible for the content or accuracy of any User Content, nor for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

 

7.               Our Liability

7.1            Please note that the provisions of this Clause 11 are subject to Our Terms for Buyers <> and Terms for Sellers <>.

7.2            To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site, or the content of, use of, or reliance upon any Content (including User Content) included on Our Site.

7.3            To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or to any Content (including User Content) included on Our Site.

7.4            If you are a business (i.e. a User using Our Site in the course of business and/or for commercial reasons), We accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

7.5            We use all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 10.2, however, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial-of service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of Our Site or any other site referred to on Our Site.