Terms & Conditioins
Welcome to Balleh.com. These are the terms and conditions governing your access to and use of the website Balleh.com and its related sub-domains, sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with Cura Company Limited ("we", "us" or "Balleh.com") in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site. Balleh.com is owned & managed by Cura Company Limited.
- Your Account and Registration Obligations
When you register as a customer of the Site you have been or will be required to provide certain information and register a email and password for use on this Site.
On becoming a customer of the Site, you agree:
- You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify Balleh.com of any unauthorized use of your password or account or any other breach of security. In no event will Balleh.com be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your email and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse Balleh.com for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated email and password, whether or not you authorised such access.
- You will provide true, accurate, current and complete information about yourself as prompted by Balleh.com's registration form (the "Registration Data").
- You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Balleh.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of Balleh.com under this User Agreement or at law, Balleh.com has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
Balleh.com may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to Balleh.com upon such requests. You acknowledge and agree that if you do not, Balleh.com without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
- Electronic Communications
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Balleh.com requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
- Amendments to this User Agreement
You acknowledge and agree that Balleh.com shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that Balleh.com at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
- Fees and Services
Balleh.com is not a marketplace, and does not offer auction or banking services. The Site is an online platform allowing for the purchase of items by end-user buyers.
Membership on the Site is free. Balleh.com does not charge any fee for browsing, subscribing and buying listed items on the Site.
- Your Information
- Use of the Site
While using the Site, you will not:
- post Information or content or list items in an inappropriate category or areas on our Site;
- post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libellous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
- post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another's culture or make any other derogatory or inappropriate comments;
- post Information or items which infringe any third party's intellectual property rights, other proprietary rights or right to privacy;
- post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
- post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
- post any Information or content which (in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions;
- post Information or content which may (in our sole discretion) constitute or be considered to promote gambling;
- fail to deliver payment for items purchased by you;
- circumvent or manipulate our fee structure, the billing process, or fees owed to Balleh.com;
- take any action that may undermine the Site's feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to Balleh.com);
- transfer your Balleh.com account (including feedback) and email to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site's users;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- interfere or attempt to interfere with the proper working of the Site;
- attempt to take over another user's account or carry out any hacking or phishing of the Site or user accounts and related features;
- export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
- copy, modify, or distribute any content from the Site or otherwise infringe the Site's copyright material and/or trademarks in any way;
- violate any laws, rules, regulations, guidelines, third party rights or our policies;
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either Balleh.com, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of Balleh.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
"Balleh.com" and related logos, and other words and logos on the Site (including without limitation "Balleh Points" and "Invite & Get 50 SAR") are either unregistered trademarks or registered trademarks of Balleh.com and are protected by Saudi Arabian and international trademark and other intellectual property rights and laws. Balleh.com's trademarks may not be used in connection with any product or service that is not Balleh.com's nor in any manner that disparages or discredits Balleh.com. All other trademarks not owned by Balleh.com that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Balleh.com.
- Abusing Balleh.com
Please report problems of any kind or violations of this User Agreement to Balleh.com. If you believe that your intellectual property rights have been violated, please notify Balleh.com. Without prejudice to any other rights and remedies of Balleh.com under this User Agreement or at law, Balleh.com may limit, suspend or withdraw a user's access to the Site and/or a user's membership of the Site or remove hosted content. Also Balleh.com can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
- Breach of User Agreement
Without prejudice to any other rights and remedies of Balleh.com under this User Agreement or at law or otherwise, Balleh.com may immediately and without liability: limit your activity, remove your purchases, subscriptions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:
- If you breach this User Agreement;
- If Balleh.com is unable to verify or authenticate any information you provide; or
- If Balleh.com believes (in its sole discretion) that your actions may cause legal liability for you, or for Balleh.com.
Balleh.com may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with Balleh.com or use the Site in any manner whatsoever until such time that such user is reinstated by Balleh.com. Notwithstanding the foregoing, if you breach this User Agreement Balleh.com reserves the right to recover any amounts due and owing by you to Balleh.com or any losses and damages caused by you to Balleh.com and to take such steps including legal action and/or the initiation of criminal proceedings against you as Balleh.com in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of Balleh.com's right to take any actions with respect to that, or subsequent or similar breaches. Balleh.com does not guarantee that it will take action against all breaches that there may be of this User Agreement.
- Withdrawal of Access and/or Membership
Without prejudice to any other rights and remedies of Balleh.com under this User Agreement or at law or otherwise, Balleh.com may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
- No Warranty
Balleh.com provides the Site and its products & services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. Balleh.com makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Balleh.com makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that Balleh.com has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.
- Limitation of Liabilities
To the extent permitted by law, Balleh.com, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not Balleh.com has been advised of the possibility of such losses or damages).
If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to Balleh.com and Balleh.com shall treat any such unauthorized use as subject to the terms and conditions of this User Agreement.
You agree to indemnify and hold Balleh.com and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
- Relationship and Notice
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and Balleh.com and you shall have no authority to bind Balleh.com in any manner whatsoever.
Except as explicitly stated otherwise, any notices to Balleh.com from you shall be given by you by email to Balleh.com at [email protected] with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by Balleh.com by return email. Any notices to you from Balleh.com shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.
- Transfer of Rights and Obligations
You hereby grant Balleh.com the right to, and irrevocably acknowledge and agree that Balleh.com may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. Balleh.com agrees to use all reasonable endeavors to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of Balleh.com, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of Balleh.com.
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and Balleh.com with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
- Governing Law
This User Agreement is governed by, and construed in accordance with, Saudi Arabian law. This clause will survive any expiry or cancellation of this User Agreement for any reason.