Terms & Conditions

ZAKRAN TERMS AND CONDITIONS

Last updated 13.11.2019



ZAKRAN TERMS OF USE

Zakran.com (“Zakran”) provides an innovative and easy to use online marketplace that respects and upholds Sunnah ideals and halal lifestyle but our marketplace is open to all sellers and customers, regardless of religious background. Our marketplace offers you the opportunity to reach out to buyers and sellers across the world and purchase/sell different types of products. To protect our sellers and customers and ensure the safety of our platform, we have outlined below a list of terms governing the use of the site and services. Please take some time to read these Terms.

1. The use of Zakran.com (‘the website’ or ‘Site”’ is regulated by these terms of use (after here, ‘Terms of Use’ or ‘Terms’) and we advise you to read these Terms carefully before buying products on the site or otherwise using, communicating, or transacting through the Site or its mobile application platform. By using or continuing to use the Site and its related software application, you are considered to have unconditionally agreed to be bound by these Terms. If you do agree to be bound by these Terms, you must not use the Site and related Services (as defined below).

· These Terms constitute a binding legal agreement (‘Agreement’) between Zakran-Halal Marketplace (also referred to as ‘Zakran’, ‘us’, ‘our’ or ‘we’) and You, as an end-user, customer or seller, with respect to the use of this website and related web-based or mobile software applications, documentation and information or content provided through such applications or through www.zakran.com and its related blogs, forums or other interactive components (all together referred to as the ‘Services’).

· By using the Site and Services, you also consent to: (i) the collection of information about you, your use of the Services or the device on which services are installed, and (ii) the use, transfer, processing, storage or disclosure of information as described in our Privacy Policy which is incorporated to these Terms by reference.

· This website and related services are provided by Zakran.com, a business entity located in Switzerland and having its principal place of business at Zürich

2. Scope and Definitions: In this Agreement, unless the context implies otherwise, the following terms shall have the following meanings:
Agreement’ means these Terms of Use.
Customer’ means users who purchase products on Zakran-Halal Marketplace.
Orders’ means a formal agreement between a customer and seller following a purchase at Seller’s product page.
Sellers mean users who offer or sale products on Zakran-Halal Marketplace.
Services’ means the products, services, content and documentation and related features, tools or functionalities offered by Zakran-Halal Marketplace.
We’, ‘our’ or ‘us’ refers to the online Zakran Halal Marketplace.
You’ or ‘your’ refers to the end-user of the Zakran services including customer, seller and web visitor.

3. Access and Use of the Services:

· Your Account: You may be required to create a user account (Account) to be able to use certain features of the Services. To create your account, you may be required to provide some personal information including your name, phone number, email. You must also create a personal password. Upon registration, users will also have the ability to opt-in to receive our newsletter or company news and special offers for subscribers. If you create an Account at Zakran, you agree that you will make sure that your account information is current, complete and truthful. You understand that if you submit falsified, incomplete or misleading information, we have the right to suspend or close your account and deny you access to Services.

· Account Security: You also agree that you will take precaution to ensure security of your account. You are solely responsible for all activities taking place under your account including the use of your log in information such as username, passwords and/or security codes. We manage access to your account with the help of your account information. You must not allow other persons or entity to use your account information. You will be responsible for liabilities including criminal, civil, or contractual liability to yourself, us or third-parties, resulting from unauthorised use of your account information. Zakran may in its discretion suspend your use of any or all parts of the Services, or if we suspect or discover any attempt to compromise security or integrity of the Services.

· Access: You are responsible for the software, hardware or other tools needed to access and use the Services. If you access the Services using a smartphone, tablet or mobile device, you are personally responsible for data fees and other costs required for accessing the Services. We do not accept liability for loss, damages or costs resulting from or associated with the incompatibility of our software applications, or updates to such applications, with the device used to access the Services.

· Messages and Notifications: Our services may include the ability to send and receive text messages. If you enable or agree to receive text messages or notifications with respect to a particular service or transaction on the Site, we may send text messages or notifications depending on the nature of service or transaction. You will be responsible for any fees or charges for text messaging service that may be imposed by your telephone service provider

4. Electronic Notifications and Communications:
Registering with Zakran involves using electronic means to send and receive information. By registering and using the Services, you agree to receive necessary notices, emails, documents, disclosures and other communications about the Services by electronic means including through email and phone number provided at the time of registration.

5. Changes to Services:
We do not guarantee that our Services will be available at all times without interruption. Zakran may from time to time implement upgrades, updates, or make services unavailable in other ways. To the extent permitted by applicable law, we reserve the right to change, end, delete, limit, block access to or stop providing all or part of the Services at any time and without prior notice.

6. Eligibility:
You must have attained the age of 18 or more to be eligible to use the Services. By creating a user account on Zakran, you represent and warrant that you have attained the age of 18 or other relevant age required in your jurisdiction to enter into a binding legal contract.

7. Changes to Terms of Use: Zakran may create new features and functions aimed to improve its services and usability of its platform. We may therefore change or supplement these Terms to accommodate any change or development in our services or information collection policies. We reserve the right to amend or supplement these Terms at any time after we have provided notice to you. Changes to these Terms will not be retroactive except where it is legally permitted to do so in order to protect other users of the Services. Please review these Terms periodically because they regulate your rights and obligations regarding the use of the Services. Your continued use of the Services after we make such modifications or supplementary terms indicates that you accept these Terms as amended even if you have not reviewed them. If you, at any time, decide that you don’t agree to be bound by these Terms, you must close your account and stop using the Services.

8. Key Terms:

· Only registered users may sell products at Zakran.com, Registration is free.

· Products are purchased by adding items on the shopping cart, filling in order and payment information and checking-out using any of the available payment processing providers.

· For shipping fees and payments, please see our Shipping Policy https://zakran.com/payment-and-shipping.

· Sellers must ship and deliver products purchased by customers and must not cancel orders without good reason.

· Users must not use or offer to use other payment methods than those provided by Zakran.com.

9. Customers

· Customers may register and create user account by clicking on the ‘Register’ link or button available on the site and filling in required information.

· Customer must not make direct payments to sellers using payment methods outside of Zakran-Halal.

· Customers must not use illegal or unauthorised payment methods to make purchases on the site. You must not use anyone else’s credit card to make purchases without owner’s authorization.

· You agree to enter into a binding agreement to buy products when you proceed to order and buy products on the Site.

· You agree to the payment terms which may apply to the payment method that you use when you buy products.

· You agree to the shipping terms and/or fee that may apply to your preferred shipping and delivery method.

10. Sellers

· User may register as seller by clicking and filling in information on the “Become a Seller Page” [https://zakran.com/index.php?dispatch=companies.apply_for_vendor&return_previous_url=index.php] and create a Seller profile.

· Sellers add products on Zakran to allow users to purchase their products.

· Sellers will have a Seller Admin Panel that provides easy access to their products, customers, vendors, messages and website, if any.

· Seller’s products must contain accurate information including product title or description, product category, and price. To attract sales and boost product visibility, sellers may add tags, images and relevant SEO content to their product descriptions.

· Products must comply with Zakran product guidelines available here: “Product Rules” [https://zakran.com/product-rules].

11. Payments and Fees

· We accept the following payment methods: MasterCard, Visa, PayPal, etc.

· You must provide complete, updated and accurate payment information for any purchase made through the site.

· Customers are responsible for all the fees and charges that may be imposed by payment service providers.

· Customer agrees to pay the purchase price and any sales taxes or shipping fees that may apply to their orders.

· Zakran may charge a service or commission fee for purchases and/or payments made on or through the Site. Service fees are non-refundable.

· In cases of recurring charges, customer agrees to authorise us to charge the specified payment method or recurring basis as applicable subject to these Terms of Use or any additional terms applying to that particular order.

· Zakran-Halal reserves the right, in its discretion, to limit or cancel orders that appear to be placed by resellers, dealers or distributors.

· Refunds for orders are subject to our refund policy which can be accessed here: [https://zakran.com/returns-and-exchanges/]

· Zakran reserves the right to change the rate of service fee or commission for the Services at any time in its discretion.

12. Shipment and Delivery:

· We ship worldwide. Sellers may set up their preferred shipping methods via the Seller Admin Panel.

· Sellers may choose from worldwide free shipping or standard shipping methods available or specific for each country.

· When adding products on the platform, sellers shall specify shipping method and the applicable shipping rates based either on product weight, product cost, order quantity, default rate, or on real-time shipping rates applying to the destination.

· Shipping methods must indicate the estimated delivery time.



13. License to Use the Services and usage restrictions: Subject to these Terms, Zakran grants you a limited personal, non-exclusive and not-transferable license to use, and where relevant download, install and use the Services for personal and non-commercial use on your device owned by you or otherwise controlled by you; provided that you retain the copyright notices or other ownership notices contained in the Services. Please note that this is a grant of usage license and not a grant of title, rights or other ownership interest. The license granted under this section is subject to the following conditions:

· You must not try to circumvent, bypass, exploit or defeat any technical restrictions or access control mechanisms in the Services or use the Services in connection with any device or computer program or technology designed to circumvent or defeat security functions or technical measures used to control access, or rights, to the Services or content, files or other materials.

· You must not deconstruct, decompile, disassemble, or in some other way access the source code used on the Services except and to the extent to which applicable law expressly permits, notwithstanding this limitation.

· You must not download or duplicate Zakran-Halal Mobile App or any other Zakran-Halal Content (as defined above) except as expressly permitted in this section 13 (License to use).

· You must not rent, lease, hire, resell, sublicense, distribute, reproduce, transfer, exploit or in some other way make available the Services or it components or functionalities in the Services to a third party for any reason whatsoever.

· You must not modify or make derivative works of the Services, in whole or in part.

· You must not remove any copyright or ownership notices in the Services.

· You must not use the Services: (i) as a platform for external applications, or (ii) develop applications, services or websites or some other functionalities that exploit or take advantage if Zakran-Halal App or any part thereof.

· You must not use the Services in any way or manner which is prohibited by these Terms or any accompanying documentation.

· You must not use the Services in violation of any applicable laws.

14. Ownership of the Services and Content:

· Except for rights in the User Generated Contributions (as defined below), Zakran-Halal Marketplace and its licensors reserves full and complete rights, title and interest in and to all information and all materials contained or made available through the Services, including all artwork, graphics, text, video or audio, logos, brand names and service or trademarks used in the Services (together referred to as ‘Zakran-Halal Content’).

· The brand name Zakran-Halal and its logo, and other content and marks used in the Service, are the intellectual property of Zakran-Halal, its licensors or subsidiaries, which must not be used in connection with other products or services in any way or manner that is likely to cause confusion. All other trademarks which are not owner by Zakran-Halal and which appear on the Services belong to their respective owners. Except where expressly stated otherwise, nothing in these Terms or the Services shall be regarded as implied authorization, under estoppel, or otherwise, a right or licence, to use any of our trademarks appearing on the Services without our written approval, or the approval of the third-parties who owns those trademarks.
You may download and use the Zakran-Halal App and/or copy or print reasonable copies of the Zakran-Halal Content for personal, non-commercial use.

· Except for content that is publicly available or which otherwise does not require the permission of Zakran-Halal Marketplace, you must not:

o Copy, alter, reproduce, adapt, reconstruct, distribute, republish, upload, display translate, transfer, license or sell Zakran-Halal content in any form or manner;

o Modify or remove any copyright, trademark or intellectual property right which may form part of the Zakran-Halal content; or

o ‘Mirror, ‘frame’ or ‘deep-link’ to any of the Services.

15. User Generated Contributions: Zakran-Halal may from time to time offer areas or sections in the Services where users can submit, upload and share content, materials or information including for example product information (descriptions, images, pricing, etc.), files, links to personal blogs or websites, messages, comments, ideas, suggestions or reviews (collectively referred as ‘User Generated Contributions’) You own and are responsible for your User Generated Contributions.

Appropriate Use of the Service: By submitting or making User Generated Contributions available, you guarantee that:

· They are correct and truthful;

· You own, or in some other way, have obtained appropriate permissions to the Contributions, including copyrights or trademarks which are necessary to ensure compliance with your obligations to Zakran-Halal under these Terms of Use;

· Your User Generated Contributions are not degrading, hateful, harassing, defamatory, indecent, obscene, lascivious, sexually explicit, pornographic or in some other, unlawful or illegal;

· Your User Generated Contributions will not violate any person’s private life, marketing rights, or intellectual property rights.

· Furthermore, you must provide or share any content that contains virus or other malicious program, code or software.

· You will not post or share contributions consisting of unauthorised advertising, promotions or unsolicited electronic communications including but not limited to spam, pyramid schemes, chain letters or mass mailings.

License to Use User-Generated Contributions:

· By submitting User Generated Contributions, You agree and confirm that Zakran-Halal will have the right (but not the obligation) to monitor or review User Generated Contributions and to modify, remove, combine, publicly display, or allow the display, any part of the User Generated Contributions. Zakran-Halal does not offer any guarantee and will not accept any liability for any User Generated Contributions including loss or damages resulting from reliance upon information or other content in the User Generated Contributions.

· By sharing your User Generated Contributions, you grant Zakran-Halal and its affiliates, a perpetual, worldwide, irrevocable, sublicensable, royalty-free license to use, copy, change, create derivative works thereof, distribute, display, publicly perform or in some other way or manner, use or exploit your User Generated Contributions (excluding personal information) in all forms and distribution channels now known or hereafter developed (including third parties’ websites and services) so as to provide, develop, improve or advertise the Services and Zakran-Halal’s products, without further notice or consent from you.

· You agree that under no circumstances will you claim or be entitled to compensation for the use of your User Generated Contributions.

· You will be responsible for the truthfulness, safety, reliability of your User Generated Contributions.

· All personal information collected from or about you in connection with the use of Services (including through the Zakran-Halal mobile app and website), will be protected in line with Zakran-Halal Privacy policy [add link] and applicable laws. Content submitted on the open areas of the site, including for example reviews, testimonials, forum posts, will be regarded as public and non-confidential.

16. User Data:

· All data submitted by users to Zakran-Halal, whether posted by sellers or buyers (‘User Data’), will remain the sole property of the individual users to the full extent provided by law. Users will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness of and copyright permissions for all User Data.

· Zakran will not collect, use, store or share User Data for any purpose other than to provide Services and for statistical reporting purposes in accordance with these Terms and subject to our Privacy Policy. Zakran may aggregate anonymous, de-personalised statistical data regarding use and functioning of its system by its various users. Such aggregated non-personal statistical data will be the sole property of Zakran.

17. Review Guidelines: We encourage our customers to provide feedback and submit reviews and ratings regarding their experience with Zakran-Halal platform. All reviews and ratings must comply with the following guidelines. Reviews must:

· Must be submitted by a user having direct or personal experience with the service, person or entity being reviewed;

· Must not contain any offensive, profane, abusive, racist or hateful language;

· Must not contain discriminatory language on the basis of national, social or ethnic origin, religion, culture, gender, sex or sexual orientation, language, or other status;

· Must not encourage or make reference to unlawful activity;

· Must not fabricated, deceptive or malicious.

· Must not be fraudulently made for the purpose of damaging or undermining other seller’s right of trade or free competition

· Zakran-Halal will have the right (but not the obligation) to review any reviews submitted by users and, in its discretion, to remove any review or rating that violates these Terms of Use. In addition, we will be liable for liability include loss and damages arising out of or related to any review or ratings submitted by users.

18. Customer support:

· Zakran will provide registered users with reasonable customer support regarding use of the services during Zakran's normal hours of support and we will try our best to update the services and resolve any issues, bugs or errors in the Services.

· You are always welcome to contact our customer support service for any issues or disputes that may arise with respect to the use of Services. Users are advised to review these Terms and other documentation provided by us and to resolve disputes between them in a constructive manner. To contact us please write to us via email at info@zakran.com

19. Links to Third party Services and Websites:

· Our website may contain links to third-party websites and services which are not operated by Zakran. Those links are provided for your convenience only and do not indicate any form of recommendation or endorsement from Zakran of those external websites.

· We do not control and we have not reviewed those websites which are linked to the Site and we are not responsible for information or content appearing on any of those websites. If you click on the links to third-party webpages or websites, you do so at your own risk. In addition, third-party websites may have terms of use and privacy polices different from those governing our Site. We therefore recommend that you review them carefully.

20. Social media and personal blogs or website

· Zakran App and website may allow you to log in and authenticate yourself on the platform using your social media accounts such as Facebook, Instagram, Gmail or Twitter. We may also allow you to link your personal blog to the Site.

· You understand that by using social media accounts to authenticate yourself, you may be granting us access to certain personal information about you including your username, general location and other publicly available information. Zakran will not collect or store your password for your social media account and will not access your social media messages or other private information.

· All personal information obtained via social media accounts will be processed in accordance with our Privacy Policy and subject to applicable law.

21. Disclaimer of Warranties:

· Zakran-Halal Marketplace strives to ensure that content appearing on the Services or this website, is accurate and up-to-date. However, Zakran does not offer warranties of any kind, express or implied, that content hereon is accurate or current. We provide our Services, Site and content to you on “as is” and “as available” basis without warranty, representation or guarantee of any kind or form. To the extent that applicable law permits, Zakran-Halal disclaims all liability for any and all inaccuracies or errors in the website content, product descriptions, and/other information or materials featured on the Services.

· Please note that your use of this Site is entirely at your own risk. To the extent that applicable law permits, Zakran disclaims liability for loss, expenses or damages incurred by you with regard to your use or inability to use the Services Site. Those losses, costs, expenses or damages include without limitation, losses, expenses, or damages you have incurred as the result of data loss, loss of profits, business interruption, and damage to equipment or virus infection to your computer or data system.

22. Limitation of Liability:

· You agree that the use and access of the Services is at your own sole risk. In no event shall Zakran-Halal Marketplace or any of its, directors, officers, employees, agents or affiliated parties who have been involved in the creation, development, maintenance, support, performance or delivery of Services or the Site and its contents, bear liability for any form of consequential, incidental, direct, indirect or temporary damages, or damages of exemplary nature, which arise in relation to your use or inability to use the Site and Services. Zakran will not accept responsibility, and shall not be held liable, for damages to, or for computer viruses which may damage, your device, or data or other property, incurred in connection with your use of the Site, or your download of materials from the Site.

23. Indemnity:

· You agree that you will defend, indemnify, and hold us (and our directors, officers, employees and agents) harmless from and against all losses arising out of or in connection with a claim, suit, action, or proceeding by a third party: (i) alleging that the User-Generated Contributions, User Data or other data or information supplied by user infringes the intellectual property rights or other rights of a third party or has caused harm to a third party or (ii) arising out of breach of Sections 15 (Appropriate Use of the Service) or 3 (Access and Use of the Services) above.

· You agree that you will defend, indemnify, and hold Zakran (and its officers, directors, employees and agents) harmless from any expense or cost arising from any third party subpoena or compulsory legal order or process that seeks User Data and/or other user-related information or data, including, without limitation, prompt payment to Zakran of all costs (including attorneys’ fees) incurred by Zakran as a result.

· In case of any claim that is subject to indemnification under these Terms, the party that is indemnified (“Indemnitee”) will provide the indemnifying party (“Indemnitor”) reasonably prompt notice of the relevant claim. Indemnitor will defend and/or settle, at its own expense, any demand, action, or suit on any claim subject to indemnification under these Terms. Each party will cooperate in good faith with the other to facilitate the defense of any such claim and will tender the defense and settlement of any action or proceeding covered by this Section to the Indemnitor upon request. Claims may be settled without the consent of the Indemnitee, unless the settlement includes an admission of wrongdoing, fault or liability.

24. Governing Law and Binding Arbitration: Without regards to conflict of law provisions, this Agreement shall be governed by and construed in accordance with the laws of Switzerland. You and Zakran both agree that any controversy, claim or dispute arising under this Agreement will be subject to arbitration in the city of Zürich, under the arbitration rules of the Swiss Arbitration Law, before a single arbitrator. The parties will share the arbitration fees equally. Any award will be enforceable in any court of competent jurisdiction and will not be inconsistent with the terms of this Agreement. Nothing herein will prevent a party’s application to a court of law for injunctive relief to prevent irreparable harm.

25. General:

· Entire Agreement: These Terms including any policies incorporated herein constitutes the complete agreement between the parties as regards the subject matter hereof and supersedes all negotiations, discussions or understandings between the parties.

· Assignment Only Zakran may assign its rights and obligations under these Terms. You must not assign or transfer your rights or obligations hereunder without Zakran’s express prior written approval.

· Waiver: No waiver of any breach of any term of this Agreement shall be deemed a waiver of any preceding or succeeding breach of the same or any other term. Except when expressly provided to the contrary, the specification or exercise of any remedies shall not preclude the exercise of any rights or remedies in law or in equity that may be available.

· Severability: If any term of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, that term or part thereof shall be deemed as severable from these Terms and all other provisions shall remain in full force and effect.

· Modification: Any modification to these Terms must be in writing.

· No agency: No joint venture, agency or partnership relationship exists between you and Zakran as a result of this Agreement or use of the Services.

· Unforeseeable Events: No party shall be liable for non-performance or delay in performance by reason of events beyond its reasonable control.

26. Contact us:

· For questions and enquiries, please contact us at
Zakran.com
Address: Zürich

Phone: +442035822563

Email: info@zakran.com