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Terms & Conditions

Consumer Terms & Conditions

  1. jamelik.com
  2. General Notice

The terms & conditions (the “Terms”), together with the “Return, Exchange and Refund Policy” and the “Privacy Policy” – as may be amended from time to time (the “Policies”) govern all aspects of the use of the online marketplace owned and operated by jamelik.com (“jamelik”) consisting of the website jamelik.com, the corresponding applications and any user accounts (collectively, the “Marketplace”). By accepting these Terms and the Policies, you consent to be bound by and comply with the terms thereof.

jamelik provides a set of products and services through the jamelik website & mobile application. By accessing jamelik’s services, whether, through your use of our website or mobile application, you agree to be bound by these Terms. jamelik offers a wide range of services and accordingly, additional terms may apply. If such additional terms conflict with these Terms, then the Terms shall control.

  • As user of the application, you should be aware that jamelik does not necessarily own the products listed on its website and/or mobile application. Although some of the products listed on the jamelik platform (the “Marketplace”) may be owned by jamelik, such products may also be owned by merchants who offer services or post their own merchandise for sale directly by said merchants to jamelik’ users.
  • Although jamelik takes reasonable measures to ensure the accuracy and reliability of the data and other information that is available on the Marketplace, jamelik makes no warranty or representation in respect thereto. Customers are required to carefully review and make themselves familiar with the features and conditions of use of products or services or services purchased through the Marketplace.
  • The jamelik application and website may be linked to or redirect to third party websites. jamelik doesn’t exercise any control over such third party websites and assumes no liability for any services or goods offered by or through them. While using such third party websites, users acknowledge and agree that they will be governed and bound by the terms, conditions and policies of such third party websites.
  • You shall not use the application or the website for any illegal purposes and in particular agree that you shall not use, copy, send, post or allow any posting which is illegal, threatening, invasive of privacy, defamatory, obscene, lewd, pornographic, abusive or indecent.
  • You agree not to use any third party information without their knowledge and formal consent.
  • You agree not to send any unsolicited promotional or advertising material, spam or similar materials or any volume messages that may interfere with the operation and smooth functioning of the jamelik Marketplace.
  • jamelik application & website is not intended for use under any circumstance by minors below 8 years old;
  • jamelik application & website is not intended for use by minors above 8 years old, except with the involvement and under the direct supervision of a parent or guardian. jamelik will not knowingly collect personal information from or market to minors without confirmation that they have obtained the consent of parent or legal guardian. If your age is below that of 18 years, you can transact on the site under the direct supervision of your parents or legal guardians or your parents or legal guardians can transact on your behalf. We reserve the right to terminate registration and refuse to provide you access to the website and application if you are under the age of 18 years and do not provide confirmation that you have obtained the consent of parent or legal guardian or if you do not use the Marketplace in accordance with the terms outlined above.
  • AS PER THE LEBANESE LAW, YOU MUST BE AT LEAST 18 YEARS OLD TO BE ABLE TO PURCHASE & CONSUME ALCOHOLIC BEVERAGES.
  • You agree not to use any false identity, credentials or email addresses and not to impersonate any physical or moral person or otherwise make any misleading attempts to this effect.
  • IT IS YOUR SOLE RESPONSIBILITY TO (i) ENSURE THAT THE ITEM(S) YOU ARE ABOUT TO PURCHASE IS (ARE) NOT PROHIBITED AT YOUR DESTINATION COUNTRY OR ANY TRANSIT COUNTRIES AND (ii) PAY FOR ANY AND ALL APPLICABLE CHARGES, TAXES AND/OR DUTIES. UNDER NO CIRCUMSTANCE WILL JAMELIK WILL BE HELD LIABLE FOR ANY CHARGES, DUTIES, PENALTY, TAXATION OR FOR ANY TEMPORARY OR PERMANENT SEIZURE, CONFISCATION OR WITHHOLD BY THE LOCAL AUTHORITIES OF THE DESTINATION COUNTRY OR ANY TRANSIT COUNTRIES OF ANY ITEM(S) ORDERED BY YOU.
  • jamelik reserves the right, at any time, and without notice, to enhance, modify, alter, suspend or permanently discontinue all or any part of jamelik’s Marketplace, and to restrict or prohibit access to it.
  • jamelik may modify from time to time any terms, conditions, stipulations, warnings and information contained in these Terms or related to the jamelik Marketplace. All changes become effective immediately when posted.
  • If you are not satisfied with all or part of jamelik Marketplace, or you do not agree with any of these Terms please discontinue using the Marketplace immediately.
  • You acknowledge and agree that, as a user, you may be rated and may be required to rate merchants on the Marketplace. You also acknowledge and agree that, if you receive multiple negative ratings, jamelik may, at its sole discretion, decide to suspend or block your access to the Marketplace, temporarily or permanently.
  • If you are in breach of these terms, jamelik may at its sole discretion, suspend or block your access to the Marketplace. No delay to this effect by jamelik shall constitute or be construed as a waiver.

   2- Limitation of liability

  • jamelik is not responsible for and makes no representation or warranty in respect to any product or service not owned or provided by it, and assumes no liability or responsibility in relation thereto, whether in contract, tort (including negligence) or otherwise, or for claims or damages arising out of it in connection with any third party products listed on jamelik’s Marketplace.
  • jamelik will not be held liable to you (the user) or any third party, for any reason whatsoever, for any direct, special, indirect, or consequential damages, or any other damages of any kind resulting from whatsoever cause and related to the use or inability to use jamelik’s website, mobile application, account, any third party websites linked to them and information and content contained in any of the aforementioned or any other feature of the Marketplace.
  • jamelik will not be held liable to you (the user) or any third party for any false or inaccurate information provided by merchants or any third parties on the Marketplace, or for any third party information or feedback you (the user) provide to such third party or on the Marketplace.
  •  jamelik will not be held liable to you or any third party for your misuse of the information contained in jamelik’s Marketplace or any third party websites or applications linked to it or for any act or omission resulting from your breach of these Terms.

  3- User Representations

By using the Marketplace, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete; you will maintain the accuracy of such information and promptly update such information as necessary;
  2. You have the legal capacity to comply with these Terms;
  3. You are not a minor in the jurisdiction in which you reside, or if a minor, you are above 8 years old and have received express parental permission to use the Marketplace and you will use the Marketplace only under the direct supervision of a parent or legal guardian;
  4. You will not access the Marketplace through automated or non-human means, whether through a bot, script, code or otherwise or any manner that causes disruption or harm to the Marketplace;
  5. You will not use the Marketplace for any illegal or unauthorized purpose or through illegal or unauthorized means;
  6. Your use of the Marketplace does not in any manner violate or contravenes any application laws or regulations (including without limitation any Boycott Laws) and you will not use the Marketplace in any manner which violates or contravenes any applicable law or regulation.

4- Indemnification

You hereby agree to fully indemnify and hold harmless, jamelik, its sister companies, agents and shareholders against any claims, liabilities, costs, losses, damages, judgments, expenses, and fees (including attorney fees) arising out of or relating to your misuses of the Marketplace and/or your breach of these Terms and/or any breach of your representations and warranties set forth in these Terms.

5- Data collection and privacy

  • we collect information you supply when: (i) you ask us, or ask one of our agents, partners or sister companies or others to provide you with any of our services, and/or (ii) you submit in person or online information on application or other forms to us, our agents, partners, and/or sister companies.
  • we collect information about your transactions with us, our agents, partners, sister company, third party merchants or others.
  • we may collect information about you from third party sources including but not limited to our partners, agents, sister company in order to administer and process transactions and maintain the accuracy of your records.
  • we collect information about the domain and host from which you access the internet, your computer’s internet access, the browser and operating system software you use, the date and time you access the Marketplace and the internet address of the site of the site from which you linked to Marketplace, when you visit us. We monitor, in conjunction with third parties, the use of jamelik website by collecting aggregate information. We may automatically collect non-personal information about you such as the type of internet browsers you use, the pages you visit or the website which directed you to jamelik website and account. You cannot be identified from this information and it is used only to assist us in providing an effective service on jamelik website, mobile application and account.
  • we collect information on your online activity as described in the paragraph below titled “cookies and internet technology”.
  • from time to time, we may refer to that information to better understand your needs and how we can improve our services. We may use that information to contact you and send you communications regarding new services and promotions.
  • we will not disclose personal information you provide on the Marketplace to any third party without your consent except when permitted or required by law.

6- Cookies and internet technology

We use internet technologies like cookies and web beacons for a variety of purposes, including, but not limited to, those identified below:

  1. a)to assist us in providing services to you
  2. b)to allow you to change web pages during your visit without having to re-enter your password
  3. c)to temporarily track activity on the Marketplace
  4. d)to determine whether you came to the Marketplace from a banner ad or an affiliate website
  5. e)to deliver information specific to your interests on additional websites
  6. f)to identify you when you visit the Marketplace, to personalize the content of the Marketplace for you and to assist you in carrying our transactions and accessing account information.

Cookies are text files placed on your computer when you use a website to store information related to you and your computer.

The purpose of using cookies is to be able to offer you optimal user guidance as well as to “recognize” you and thus be able to present (as much as possible) diversified internet pages suiting your needs, expectations and new contents during repeated use.

We use the following kinds of cookies:

  • Analytics cookies in order to collect information about how visitors use our site, such as to determine how frequently our internet pages are accessed as well as the number of users, the pages visitors go to most often and where they have come to the site from. This information is collected anonymously and is only used to improve how our website works.
  • Marketing and advertising cookies to deliver advertisements more relevant to the user and his/her interests. Such cookies record  that the user has visited our website, and are also used to limit the number of times you see the same advertisement. This would help measure the effectiveness of advertising campaigns. This information shall not be shared, except on an anonymous basis.
  • Session cookies that are stored exclusively for the duration of your visit to one of our internet pages.
  • Persistent cookies for retaining information about visitors who repeatedly access one of our internet pages. The content of a persistent cookie is limited to an identification number, name, email address and IP address.

7- Terms of use for my jamelik account

  • The account is convenient insofar as it allows you to benefit from the online features of the Marketplace. To register and activate your account on the Marketplace, you need to fill the online registration form made available to you.
  • By creating an account on the Marketplace and providing and saving information, you expressly consent to:
    1. provide jamelik with information that is correct, current and complete.
    2. jamelik contacting you, from time to time, by telephone, email, through the Marketplace or through any other means with news, updates, offers, services, promotions, and other communications concerning jamelik and/or partners, our sister company or others.
  • The information you provide us will be stored and available automatically whenever you log in using your registered username and password.
  • The username and password for your account are confidential and must not be disclosed to any third party. You acknowledge that your account is personal to you and agree not to give any person access to it. You must notify jamelik immediately of any unauthorized access to, or use of your account or any other breach of security.
  • You may at any time modify, amend or update the personal information provided by you, and your selected modes and means of notifications.

8- Intellectual property rights

  • The contents of the jamelik website, application, account, text, graphics, links, buttons and images as well as all other copyrights, trademarks, trade names, service marks, logos, products and service names owned or created by jamelik and made available or used on the Marketplace are the sole property of jamelik. All other intellectual property rights, including but not limited to trademarks, trade names, logos products and images referenced in jamelik’s website, mobile application and account are the property of their respective owners.
  • Any use, copying or reproduction of any intellectual property right contained on jamelik’s Marketplace, without the prior written permission of jamelik or the respective intellectual property right owner, is strictly prohibited.

9- Term and Termination

These Terms, as may be amended from time to time by jamelik, shall remain in full force and effect and shall govern all aspects of your use of the Marketplace. Without limiting any other provision of these Terms, jamelik reserve the right to, in its sole discretion and without notice or liability, deny access to and use of the Marketplace (including blocking specific IP addresses), to any person for any reason, with or without cause, , including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. jamelik may terminate your use of or participation in the Marketplace or delete your account and any content or information that you provided or posted at any time, without warning, in our sole discretion.

If jamelik terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party (whether by impersonation or otherwise), even if you may be acting on behalf of the third party.

10- Modifications and Interruptions

jamelik reserves the right to change, modify, or remove the contents of the Marketplace at any time or for any reason at its sole discretion without notice. jamelik also reserves the right to modify or discontinue all or part of the services or products offered on Marketplace or any features of the Marketplace without notice at any time and without any liability.
jamelik will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of any services, products or features of the Marketplace.
Although jamelik will strive to ensure a seamless experience when using the Marketplace, jamelik does not guarantee that the Marketplace will be available without interruption at all times. The Marketplace may experience hardware, software, or other problems or need to perform scheduled and/or unscheduled maintenance, which may result in downtime, interruptions, failures, delays, discontinuances and/or errors.
You agree that we assume no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Marketplace or any feature thereof during any downtime, interruptions, failures, delays, discontinuances and/or errors.
Nothing in these Terms will be construed to hold jamelik liable in relation to any such downtime, interruptions, failures, delays, discontinuances and/or error.

11- Governing law and competent jurisdictions

  • These Terms and all aspects related to your use of the jamelik website, mobile application and account, and/or any features of the Marketplace, including any downloads therefrom shall be governed by the laws of Lebanon.
  • Any dispute or claim arising out of these Terms will be subject to the exclusive jurisdiction of the courts of Beirut, Lebanon.

12- Disclaimer

The Marketplace and all features thereof are provided on an as-is and as-available basis. You agree that your use of the Marketplace and all features thereof will be at your sole risk. To the fullest extent permitted by law, jamelik disclaims all warranties, express or implied, in connection with the Marketplace and your use thereof, including, without limitation, any implied warranties of merchant ability, fitness for a particular purpose, and non-infringement.
jamelik makes no warranties or representations about the accuracy or completeness of the Marketplace’s content or the content of any websites linked to the Marketplace or about any third party goods and/or services sold and/or made available on the Marketplace. jamelik makes no representations and will assume no liability or responsibility for any:

  1. errors, mistakes, or inaccuracies of content and materials.
  2. personal injury or property damage, of any nature whatsoever, resulting from your access to and/or use of the Marketplace or any features thereof.
  3. unauthorized access to or use of our secure servers and/or any and all personal information and/or information stored therein.
  4. any downtime, interruptions, failures, delays, discontinuances and/or errors or cessation of transmission to or from the Marketplace.
  5. any bugs, viruses, trojan horses, or the like which may be transmitted to, by or through the Marketplace or by any third party, and/or any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Marketplace. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Marketplace, any hyperlinked website, or any website or mobile application featured in any banner or other advertising.

As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

13- Electronic Communications, Transactions, and Signatures

Visiting the Marketplace, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications (such as emails, texts, push notices or other notices or messages), and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.

14- Entire Agreement

The present Terms constitute the sole and entire agreement between you and jamelik with respect to your use of the jamelik website, mobile application and account and/or any features of the Marketplace, and supersede all prior understandings, agreements, representations, and warranties, both written and oral.
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable to any extent, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.
You hereby confirm that, by clicking in approval of these Terms, these Terms, even if not signed “in writing”, shall constitute a binding “electronic document”, as such term is defined pursuant to Law no. 81/2018 governing electronic transactions and personal information. Any claim to the contrary shall, to the highest extent permitted by law, be considered as formally and unconditionally waived by you.

 

  15. ACCEPTANCE OF THE ORDER

  • Our acceptance of your order will take place only when We send You an order number and/or our customer care contacts You to finalize your purchase, whether verbally or electronically. It will help Us if You can tell Us the order number whenever You contact Us about your order.
  • If We are unable to accept your order, our customer care will inform You of this during the completion phase of the order. This might be (i) because the product is out of stock, (ii) because of unexpected limits on our resources which We could not reasonably plan for, (iii) because We have identified an error in the price or description of the product, or (iv) because We are unable to meet a delivery deadline you have specified.

   16. VOLUME LIMITATIONS

Jamelik shall limit the weight of each item for up to 30 Kilograms as set by the Universal Postal Union (UPU).

  17. CUSTOMS DUTIES

  • The products are subject to the applicable customs duties and taxes whether ordered by You on our website or through our mobile application, and said Customs duties shall be immediately settled by You, either on delivery or upon our first demand. (if applicable)
  • Without prejudice to section 8.1 above, in the event, the aforementioned custom duties and taxes were not settled within a period of up to 30 (thirty) days at most upon arrival of the products to Lebanon, the products shall be retained or destroyed by Us and You will not be entitled to any refund of any kind whatsoever.

   18. PROVIDING THE PRODUCTS  

  • The costs of delivery will be as displayed to You on our website or mobile application.
  • During the order process we will let You know when We will provide the products to You. Upon acceptance of the order, We will deliver the products to You as soon as reasonably possible, we will provide You with an estimated delivery date which will be after the day on which the order is picked up from the seller and shipped.
  • The products shall be delivered to You through your chosen logistic provider on the website.
  • If our supply of the products is delayed by an event outside our control then We will contact You as soon as possible to let You know and We will take steps to minimize the effect of the delay.
  • If no one is available at your address to take delivery the product will be returned to Us.
  • If You do not re-arrange delivery We will contact You for further instructions and may charge You for storage costs and any further delivery costs. If, despite our reasonable efforts, We are unable to contact You or re-arrange delivery We may cancel the order.
  • There is no guaranteed dispatch time, and any information about the dispatch time is an estimate only and should not relied upon as such. Therefore, time is not the essence of the Terms and Conditions for purchase and sale of products on or through our website and mobile application.
  • Without prejudice to section 11, a product will be your responsibility from the time We deliver the product to the address You gave Us.
  • Before accepting delivery of any product, You shall reasonably ensure that the product’s packaging is not damaged or tampered.
  • We shall not deliver the product to You before You make the full payment of the price.
  • We may need certain information from You so that We can supply the products to You. If so, this will have been stated in the description of the products on our website or mobile application. We will contact You to ask for this additional information. If You do not give Us such information within a reasonable time of Us asking for it, or if You give Us incomplete or incorrect information, We may either cancel the order or make an additional charge of a reasonable sum to compensate Us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by You not giving Us the information we need within a reasonable time of Us asking for it.
  • We may have to suspend the supply of a product to deal with technical problems or make minor technical changes.

   19. INDEMNIFICATION

You agree to indemnify, defend and hold Us harmless from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or in connection with (i) your breach of these Terms and Conditions; or (ii) any claims made by any third party due to, or arising out of, or in connection with, your use of our website or mobile application.

    20. DATA PROTECTION

Data collected are treated as confidential and in good faith. When registration is made, your data is collected for commercial purposes in the form of personal information such as last name, first name, address, email address and phone number. In addition to data explicitly entered, information is gathered automatically from the log files when You access your Account on the website or mobile application. All data collected will be processed and treated in accordance with the Lebanese laws in force.

    21. COPYRIGHT

We respect the intellectual property rights of others and will respond to valid notices of copyright infringement and reserve the right to terminate any users, at our sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights of others.

   22. THIRD PARTY CONTENT AND LINKS

  • Some of the content available through our website or mobile application may include or link to materials that belong to third parties. Please note that your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources.
  • We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the website or mobile application. We do not screen or investigate third party material before or after including it on our website or mobile application.

   23. TERMINATION

  • At our sole discretion, We may modify or discontinue the service provided on our website or mobile application, or may modify, suspend or terminate your access to our website or mobile application, for any reason, with or without notice to You and without liability to You or any third party.
  • In addition to suspending or terminating your access to our website or mobile application, We reserve our right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use our website or mobile application is terminated, your Account will remain enforceable against You.
  • You may terminate your Account at any time, however, We do not guarantee its termination due to technical availability.
  • All provisions which by their nature should survive to give effect to those provisions shall survive the termination of the Account.

   24. MISCELLANEOUS

  • These Terms and Conditions constitute the entire Terms between You and Us.
  • If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be removed from this Terms and Conditions and the remaining provisions will remain in full force and effect.
  • These Terms and Conditions will be governed by and construed according to the laws of Lebanon. The parties agree to submit to the personal and exclusive jurisdiction of the competent courts of Lebanon.
  • Other than as expressly set forth herein, no person or entity other than You will be a third-party beneficiary of these Terms and Conditions.
  • You may not assign these Terms and Conditions or any interest or rights granted hereunder to any third party without our prior written consent. These Terms and Conditions shall terminate immediately upon the occurrence of any prohibited assignment.