This Terms and Conditions Agreement explains the terms and conditions under which you are able to use services provided by Qarqish. Please read carefully this Terms and Conditions document, and keep a copy of it for your reference.
By accessing our website, our services or accessing any content that is made available by Qarqish you express your agreement to be legally bound by our Terms and Conditions stated in this document, so please read these terms carefully before using our services as you are entering into a binding contract with Qarqish. If you do not agree with (or cannot comply with) the terms and conditions set forth below, do not use or access our services.
Some parts of our Platform may be subject to additional terms and policies. These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and Qarqish.
1. Definitions
1.1 The following definitions explain some of the terminology and abbreviations used throughout our Terms and Conditions Agreement:
‘Terms/Agreement’ refers to the latest version of this Terms and Conditions Agreement document.
‘We/Us/Qarqish’ refers to Qarqish Trading [add address of the company], our website, application and services.
‘Site’ refers to Quarqish website, available at or any other url which may host Qarqish websites or Services.
‘Services’ refers to the functionality of the Site, and availability of the content provided by Qarqish and User Generated Content.
‘Platform’ refers to Site, and Services collectively.
‘User/You’ refers to any person using our Services or accessing the Site.
‘Merchant’ refers to the User who lists the items for sale through the Platform.
‘Customer’ refers to the User who purchases the items through the Platform.
‘Listing’ refers to the items offered by Merchants through the Platform.
‘Commission Fee’ refers to the fee charged to the Merchant for Qaarqish services.
‘Privacy Policy’ refers to Privacy Policy document governing the rules of collecting, using and storing information provided by Users.
‘Third - Party’ refers to any application, website, natural or legal entity other than Qarqish or their affiliates.
‘Content’ refers to all images, text, audio and video data or any other information located on the Platform.
‘User Generated Content’ refers to the Content provided by the Users.
‘Information’ refers to information about the Users themselves provided for the purpose of using our Services.
2. Scope of the Services
2.1 Qarqish offers a Platform through which Merchants can post items through Listings, while Customers may browse through Listings and make purchases. Qarqish is only a provider of the marketplace for Merchants and Customers, and Qarqish will in no way be considered as the seller, carrier, manager, controller or supplier of the items contained in the Listings. As such items are to be provided by the Merchants and purchased by the Customers. Qarqish does not provide a delivery service, therefore, we are not accountable for the delivery of the items ordered through our Platform. In addition, we require Merchants using this Platform to deliver all their orders, and failure to do so will lead to the deactivation of the Merchant’s account.
2.2 Listings are at the sole responsibility of the Merchants who made them. Making a purchase creates a legally binding relationship between the Merchant and the Customer, subject to any additional terms and conditions agreed in private communication. Qarqish is not a party or a participant in a contractual relationship between Merchants and Customers. Qarqish does not act as an agent or representative of any Merchant or Customer.
2.3 Qarqish does not guarantee or makes any warranties as to the:
quality, safety, suitability or legality of the items provided by the Users;
accuracy and truthfulness of any information on the items, rating, or reviews of the Users;
behavior or conduct of Users.
2.4 Qarqish does not endorse any Merchant, Customer or Listing. We take reasonable measures to ensure all Users behave in accordance with these Terms. However, that does not mean that we guarantee that such confirmation is accurate, current, or complete. You are advised to conduct your own independent and diligent research about the User and the transport of goods before making a decision to purchase or post a Listing.
2.5 Qarqish cannot guarantee or warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Platform or any part thereof may from time to time be down for maintenance or restricted for security reasons. From time to time we may also change and update our Platform, introduce new or discontinue existing Services.
3. Eligibility and Registration
3.1 By registering for the use of the Services, you confirm that you are at least 18 years of age. If you are younger than 18, you are not allowed to register on the Platform. By accessing the Site, or using our Services, you confirm that you will not use the Platform contrary to these Terms or applicable laws.
3.2 We may not control who uses the Platform, so it is upon you to assess whether using the Platform is in compliance with any local laws and regulations. Whenever you are using our Platform you will need to comply with these Terms and any applicable laws, regulations and policies. If any part of the Platform is not in compliance with your local laws, you may not use the Platform. In case your use of the Platform is against local laws or policies, the Platform will be considered as ‘not available in your region’.
3.3 Some of the Services provided are only available to registered Users. You are able to register on the Site either as a Merchant or as a Customer, by completing the appropriate registration forms. During the registration process you will be asked to provide some personal information, the collection, use, and storage of which is regulated by our Privacy Policy document and applicable laws. Users are required to provide true, accurate, current and complete information about themselves as prompted by registration form provided. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to parts of our Services. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete.
3.4 Qarqish has the right but not the obligation to request proof of identity in order to verify User’s account. In addition to verification of the account, in order to increase the safety and prevent fraud, we may, in accordance with appropriate laws, (i) request to see any form of government issued identification document, (ii) run a background check against third party databases or (iii) obtain public records reports on criminal history.
3.5 You may only register one (1) account, unless authorized otherwise by Qarqish in writing. You understand that it is your responsibility to keep your log in information confidential. You are responsible for all activity under your account. If you ever find out or suspect that someone accessed your account without authorization, you are advised to inform us immediately.
4. Payments, Commission Fee, and other fees
4.1 Qarqish may charge fees for the use of the Platform. Registering and posting a Listing is free of charge. However, Qarqish will charge Merchant a certain commission percentage of the sold items total price excluding the delivery fees, as a Commission Fee. Commission Fee is payable once every 2 weeks starting from registration date in accordance with the invoice issued by Qarqish.
4.2 Under special circumstances decided solely by Qarqish, we will offer Merchants lower or higher commission percentage for a duration specified by Qarqish. The Platform calculates our commission on each order and displays it for the Merchants. Merchants are required to pay the Commission Fees once every 2 weeks starting from registration date. Commissions are paid online; as a Merchant you will receive an invoice from Qarqish through which you will be able to make the payment online. If you fail to pay the Commission Fee within a week, you will receive a warning e-mail, and a one-week period to make the payment. If you fail to meet the expected payment date again, Qarqish is authorized to deactivate your account until the payment is made. If this incident is repeated three times, your account will be deactivated permanently on the fourth time.
4.3 Qarqish reserves the right to amend Merchant Fees or to institute new fees at any time without notice and notice period. New or changed fees will be applicable for each Merchant starting from the day in the month following the changes which matches the day of the Merchant’s registration on the Platform.
4.4 Customers can choose one of two payment options for their orders, either Cash on Delivery (COD) or Online payments. Cash on delivery payments are received by the Merchant, whereas online payments are processed by Qarqish through Third-Party payment processor. Customers can freely choose the payment option that suits them. Qarqish can offer or remove payment options without previous notice.
4.5 If you provide your payment information through the Platform, you authorize us to collect and store credit card or additional payment information from you in accordance with our Privacy Policy. Online payments are processed through Third-Party services provided by Fatora. Collection and storage of payment information, as well as payment processing, is done in accordance with payment processor’s respective terms and policies. More information is available in our Privacy Policy.
4.6 By providing your payment information you authorize us, our affiliates, and other Third-Parties hired by us to debit all charges and fees to the payment method you provided. We and our affiliates may utilize all available legal methods in order to collect any outstanding amounts from you. You will be responsible for the costs of utilizing of such methods. We may additionally report information about your account, such as late or missed payments, to credit bureaus which may reflect your credit report.
4.7 Receiving Cash on Delivery payments is the responsibility of the Merchant. Qarqish requires its customers to pay the full price for their COD orders including the delivery fee. However, Qarqish is not responsible to compensate merchants for their Customers’ failure to pay the full price of the purchased items. Nevertheless, disciplinary and/or legal actions may be taken against Customers who fail to adhere to the Terms.
4.8 Although online payments are done through the Platform and processed through the Third-Party service provider; this does not change the relationship between Merchants and Customers.
5. Refund and Cancelation
5.1 Qarqish allows Customers to request a refund for items bought through cash on delivery or online payment if they meet the REFUND CRITERIA, which includes but is not limited to:
- Items arriving to the Customers broken or damaged
- The item received is not the item that has been ordered
5.2 Merchants are expected to resolve refund issues on items bought using cash on delivery payment option. If a dispute ends in a refund settlement, the refund is paid by the Merchant, in addition to any extra costs involved in the refund process (e.g. money delivery charges, compensation, etc.).
5.3 Refunds on items payed for through online payment method will be processed by Qarqish upon Merchants approval. If a dispute ends with a refund settlement, the refund process will take a few days to weeks depending of the speed of the bank.
5.4 Customers may cancel their order only if such option is provided by Merchants. Qarqish does not require cancelation option from the Merchants in order to create a Listing.
6. Contact
6.1 By allowing us access to your e-mail address, you agree that we may contact you using such contact information, for any matters relating to the Services (Service e-mails). These e-mails do not constitute “unsolicited commercial e-mail advertisements” and you are not able to opt-out of receiving them. You may also choose to receive e-mail notifications about content, promotions, special offers and or other topics of interest related to the Qarqish and our affiliates (Promotional e-mails). You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in promotional e-mails.
6.2 If you have any question or suggestion you can contact us at hayyak@Qarqish.com.
7. Acceptable Use Policy
7.1 You agree that you will not misuse our Services. A misuse constitutes any use, access or interference with the Platform contrary to Terms, Privacy Policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Services to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time. During your use of our Services, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do any of the following:
(i) send or otherwise post unauthorized commercial communications (such as spam) through the Platform;
(ii) collect Users' content or information, or otherwise access the Platform using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
(iii) upload viruses or other malicious code;
(iv) bully, intimidate, or harass any other User;
(v) post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties;
(vi) harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Platform;
(vii) take any action creating a disproportionately large usage load on our Platform unless expressly permitted by Qarqish;
(viii) create more than one account or share your account with anyone;
(ix) post or transmit content that is misleading.
(x) communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights;
(xi) encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the Platform;
(xii) post or transmit hyperlinks to other websites that violate these Terms;
(xiii) facilitate or encourage any violation of these Terms.
7.2 Merchants are especially forbidden from posting Listings that include counterfeit items, licensed items without proper authorization from the license holder, items which infringe or facilitate infringement of third-party intellectual property rights, illegal or regulated items, items which trade is restricted or forbidden, items that are illegally imported or exported, items which contain pornographic content or sexually-oriented adult material, or other items which trade may lead to violation of any provision of the law applicable in the Qarqish’s jurisdiction.
7.3 Users are solely responsible for their own content and the consequences of making the content available to Third-Parties.
7.4 You should report to the authorities and Qarqish any User which behaves inappropriately, including without limiting (i) engaging in illegal activities (ii) or engaging in offensive, violent or sexually inappropriate behavior.
7.5 If you find that another User of the Platform behaved contrary to the acceptable use policy you may file a dispute to Qarqish. Disputes are reviewed by the admin of Qarqish. All disputes will be looked at as case by case, and different disputes will be resolved differently based on the reasoning. All decisions are final and no additional review will be provided.
8. Intellectual property rights
8.1 The copyright and all intellectual property rights in the Platform belong to Qarqish or are used with appropriate permissions. It includes design, all database rights, trade marks, text, graphics, code, file and links, service marks, and the selection and set up thereof. All rights are reserved.
8.2 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Platform, and other Content provided by Qarqish. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Platform and their Content; distribute, transfer, sublicense, lease, lend or rent the Platform or their Content to any third party; reverse engineer, decompile or disassemble the Platform; or make the functionality of the Platform available to multiple users through any means.
8.3 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site or the App;
4. Your name, address, telephone number and e-mail address;
5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
8.4 Our copyright agent can be reached as follows at hayyak@Qarqish.com
8.5 If you post content on or through the Platform, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such User Generated Content on the Platform and on any other marketing material we may create. Whenever we might use the User Generated Content we will give appropriate credit to the content provider through their name.
8.6 Users are able to leave reviews and comments regarding their experience with specific Merchants and for specific Listings. We may publish such reviews and comments on the appropriate page for the purpose of informing other Users on previous experiences. We reserve the right to refuse to publish, to remove or amend the reviews and comments from Users, at our sole discretion.
8.7 We aim to provide a safe space for all our Users. However, considering how we do not monitor User Generated Content, you agree to inform us immediately if you come across any illegal activity, activity that is in breach of these Terms, or activity you suspect might be in violation of these Terms or applicable laws or might otherwise be objectionable. Although we expressly prohibit posting of any User Generated Content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties, we do not pre-screen the content, so you hereby agree that you may be exposed to any such content and that you use the Platform at your own risk. We reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasoning for such action. You recognize and concur that Qarqish bears no obligation regarding the risk, harm, damage, or loss that might emerge from content submitted to or distributed on the Platoform. You further understand that by providing your content online, other people will have access to such content and they will be able to copy, share or otherwise interact with such content. If you do not want your content to be used as described the only remedy is to not share your content.
8.8 Some content on the Site, such as advertisement, may be provided by the Third - Parties. We are not responsible for such content, nor do we monitor or control content provided by Third - Parties.
8.9 During the term of this Agreement, Users may be required to provide or volunteer to provide certain Confidential Information to Qarqish and Qarqish may disclose certain Confidential Information to the Users. Regarding such information both parties hereby agree (i) to keep Confidential Information in strict confidence, (ii) to undertake all reasonable measures to protect the confidence of Confidential Information, (iii) not to disclose, or otherwise make available, Confidential Information to any third party without obtaining prior written consent, (iv) to use Confidential Information only for the purposes intended, (v) to return all Confidential Information and any and all copies, extracts or derivative works resulted from Confidential Information upon written request or upon termination of the Agreement, and to destroy or erase all remaining copies of the Confidential Information regardless of the form or media on which the Confidential Information is stored. Confidential obligation from this clause especially includes all personal information provided to the Merchants by Qarqish regarding the Customers.
9. Third - Party Services
9.1 The Services may be made available or accessed in connection with third party services and content (including advertising) that Qarqish does not control. We may also provide you with links leading to the Third - Parties. You acknowledge that different terms and policies may apply to your use of such Third - Party services and content. Qarqish does not endorse such Third - Party services and content and in no event shall Qarqish be responsible or liable for any products or services of such Third - Party providers.
10. Indemnity
10.1 You will indemnify and hold harmless Qarqish, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and our Services, content which you provide, or your violation of these Terms.
11. Limitation of liability
11.1 YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE QARQISH SERVICE IS TO STOP USING THE QARQISH SERVICES.
11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW QARQISH, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNEES OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE QARQISH SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, INCLUDING WITHOUT LIMITATION ANY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE PLATFORM, REGARDLESS OF LEGAL THEORY, EVEN IF QARQISH HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL QARQISH’S AGGREGTATED LIABILTY EXCEED THE AMOUNT YOU PAID QARQISH, IF ANY, IN THE PAST THREE MONTHS FORT THE SERVICES GIVING RISE TO THE CLAIM, WHICH YOU CONSIDER TO BE THE FAIR COMPENSATION.
11.3 Qarqish, it’s employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Platform, or any errors, in or omissions from information on the Platform. Qarqish is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Platform, nor caused by the delay, malfunction of the operation or the availability of the Platform.
11.4 Qarqish does not: (i) guarantee the accuracy, completeness, or usefulness of any User Generated Content on the Platform, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any User that appears on the Platform. Under no circumstances will Qarqish or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted on the Platform or transmitted to or by any User.
12. Changes
12.1 Qarqish may make changes or replace our Terms and Conditions Agreement at any time. We will post such changes, replacements and updates on the Site and such change, replacement and update to our Terms and Conditions Agreement will take effect immediately upon posting. You are consenting to keep yourself up to date with the latest posted Terms and Conditions Agreement and you accept and are bound by such change, replacement and update if you access or use our Service after we have posted updated Terms of Service. The Terms and Conditions Agreement applies regardless from which device or operating system you access our Platform.
13. Governing Laws and Choice of Forum
13.1 This Agreement shall be governed by and construed under the laws of Qatar, without regard to its conflict of law provisions. You agree that if you have any dispute with Qarqish you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the exclusive jurisdiction of the courts residing in Qatar.
14. Final Provisions
14.1 If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.
14.2 The section titles in the Terms are for convenience only and have no legal or contractual effect.
14.3 Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.
14.4 You may not assign or transfer the rights of this Agreement in whole or in part under any circumstances.
14.5 This Agreement is intended to be solely for the benefit of you and us and is not intended to confer any benefits upon, or create any rights in favor of, any person or entity other than you.
14.6 These Terms may be available on multiple languages, however English version will be considered as the authentic and official version.
