Enacted from: July 22, 2019 - V2.0
Welcome to our website www.ya-market.com and mobile applications YA Market / YA Market – Delivery Boy, collectively named as the “Services”.
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the website and mobile application, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by YA Market, acceptance is expressly limited to these terms.
Our Service is designed for a general audience. However, only a person who has the right to enter into certain types of transactions in accordance with personal law is entitled to use our Service. Generally, persons under the age of majority are required by applicable law to obtain the prior consent of their parents or guardians. By using our Service, you warrant that you have the necessary rights under your personal law.
YA Market requires every user to accept these Terms and Conditions in a specified manner before proceeding onto the usage of the Services. Also, the continuous usage of the website or the mobile application shall affirm the acceptance of these Terms and Conditions.
Please read the terms and conditions listed below before you use the services of the website or mobile application. Usage of the Services and other information on the website or mobile application legally signifies that you have accepted these Terms and Conditions.
In case of any clarifications, please feel free to contact us via email at [email protected]
ELIGIBILITY TO USE
This Agreement is between the Customer and YA Market or the Store and YA Market.
YA Market is the website and mobile application to the services wherein the customer is given a portal to order the entire goods/products range of grocery, fresh fruits and vegetables and stuff of daily needs and/or any other products offered by the Stores.
If you use our Service as the Store, you are required to be a registered legal entity or an entrepreneur in accordance with local laws. You must also have all necessary licenses and permits to carry out such activities (selling products/goods).
The User / Store represents that he/she is of legal age to enter into a legal obligation with the Service and has not been restricted access to use the Services.
A minor shall be allowed to use the Services only under the guardian of an adult in accordance with the local laws. If a User/Store does not fall within the ambit of the aforementioned eligibility criteria, he/she will not be allowed to use the Services.
Please note, the Service is available in several countries only that defined on our Website and the time zone in the Service is determined by the location of the Store, not by user location.
CUSTOMER REGISTRATION INFORMATION
During the registration, it is imperative to add all the requisite details in the registration form to proceed to the next step, mobile phone number, location, time zone, name and email. You are liable to provide us with correct information with respect to your age, as it will determine your eligibility to legally contract with us. You should keep all the corrected information and your details of delivery address, contact numbers and other correspondence and communication updated at all times at your own responsibility. YA Market reserves its right to refuse registration at its own discretion.
YA Market shall not be responsible and can neither be alleged to be deficient in services in the following circumstances:
(i) Wrong delivery address provided by the User;
(ii) Any loss to the User/Customer by furnishing incorrect or wrong particulars on the Service of YA Market;
(iii) Any deficit in remittance of payment to YA Market for the products ordered;
(iv) Any wrong information or content published by the user on the website which violates the applicable laws, user shall be prosecuted under the statutory laws for the same; and
(v) For any losses related to the properties of the goods/products, quality of packaging, delivery time and other activities that related to the Store responsibility and are outside the scope of the YA Market and are within the area of responsibility of the Store or other third parties.
PRIVACY AND COOKIES
By using our website and/or mobile application, you consent to YA Market processing and transferring the user data as necessary for us to provide you with the Service and enable you to use the website, mobile application and receive the Services. Such user’s information is used to execute an agreement with you as described in these Terms and Conditions.
RESTRICTED USE OF SERVICES
The User agrees not to use the Services in any unlawful manner.
The User cannot copy, reproduce, republish, post, upload, display, translate, transmit or distribute any part of the website/mobile application or the content provided herein to any other means without taking prior consent from YA Market.
The Stores can use the information provided on YA Market but are strictly prohibited to:
YA Market does not promote any offensive or objectionable content and does not take responsibility of the same. Users are allowed to report any usage of offensive content through the processes mentioned in the following sections of this document.
Users agree that YA Market has the complete authority to modify or delete all or some parts of the website mobile application.
This website and mobile application shall only be used to surf and order products, goods for use by the Customer.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information on this website in any manner which belongs to another person and to which you do not have any right or which:
This website is the sole and exclusive proprietary right of YA Market. All the intellectual property with respect to the products, material, content, concept, photographs are duly protected by the relevant IP laws and are exclusively owned by YA Market or its subsidiaries or associate companies only. The Service is protected under the local copyright laws and also under the international conventions and thus has worldwide protection under copyright laws in the concept, material, pictures and any other data available on this portal exclusively belongs to YA Market.
YA Market’s logos/trademarks/artist works or its service marks/names are trademarks owned by YA Market. The user undertakes not to display/use the same in any manner without the written prior permission of YA Market.
User is advised not to misuse any IP of the website, content or of YA Market in any manner whatsoever. Any misuse by the user shall be construed to be mollified infringement and YA Market shall enforce its IP rights strictly against the user.
Any reference to names, marks, products or services of third parties are merely links solely provided for the purposes of user friendly customer interface as per the requirements of the Customer and is not any form of advertisement. They do not imply any company sponsorship, affiliation or recommendation between YA Market and such third party.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the copyright agent named below:
PRODUCT INFORMATION LIABILITY
The images as exhibited of the products on the website or on the mobile application are only for the purposes of representation and reference. The actual product may differ in its colour, appearance or final packaging. The availability of the products shall be determined only at the time when the actual order is being placed and after confirmation of the delivery locations.
The pictures and the colors of the product as displayed on the website may differ with the actual product delivered.
The products and packaging as exhibited on the website might vary with the details of the product delivered to you with respect to the batch number, date of packing, date of expiry as these would vary so as to ensure quality products being delivered to the customer.
In case the manufacturer, changes the packaging while retaining the quantity and contents, then again the product as delivered shall vary in its look.
Thus, color variation, details of label on the product and packaging of change in bottle or box or container shall not amount to defect or deficiency in service.
The perishable products being goods or products of daily needs have limited shelf life due to its perishability and thus any grievance for those cannot be taken cognizance of by YA Market if the same is not reported within a span of 24 hours from the time the product was delivered to the customer.
The responsibility for the completeness of goods information and its quality lies solely with the Stores. YA Market is not responsible for the description and quality of the goods provided by the Stores. YA Market only provides online services for the convenience of consumers of such products at the Shops.
STORE LIABILITIES AND GUARANTEES
The Store guarantees the quality of the goods/products offered by him/her and their timely delivery to the Users.
The Store guarantees a true and complete description of the goods/products offered on the Service, as well as completeness and reliability of the Information provided.
The Store guarantees to resolve disputable situations and conflicts with Users related to the purchase of the Partner's goods/products and in case of delivery of the goods/products of improper quality to the Users to ensure their re-preparation and delivery at their own expense.
YA Market is not a tax agent, all obligations in respect of taxes the Store and the User carry out independently.
Prices for all products without exception are set by the Stores. YA Market, not take any amount from product prices. The Store may apply taxes direct on goods/products based on local tax laws.
The liability and responsibility of delivery of the goods to the customer is solely of the Stores or delivery companies that you've chosen.
MODIFICATION AND CANCELLATION
Users can modify or cancel the order anytime before they receive a notification that the product or order is ready to be dispatched from the store or out for delivery. In case, the order is modified the balance remittance is to be paid and in case the order is cancelled the Store shall refund the money to the User.
The order cannot be cancelled once it is notified that the same is out for delivery.
REPLACE AND REFUND
You may return the goods to the Store where you purchased the goods in accordance with applicable consumer protection laws.
Keep in mind, that the above will not be applicable on some items as they fall within the ambit of perishable products.
However, the user agrees to keep the product along with the invoice and packaging as it was delivered, at the time of return. User also warrants and agrees that it shall return the products only to the duly authorized representative of the Store and receive the acknowledgment receipt for returned product as well.
CUSTOMER OPINION AND FEEDBACK
YA Market works on the principles of genuine feedback and improvement and thus encourages opinion of customers. YA Market has a policy of reporting all feedback on its website to the senior level officers, who make every effort to improvise on the matters within the ambit of YA Market.
All opinions, reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Website or otherwise disclosed, submitted or offered in connection with use of the Website or the mobile application (collectively, the Comments) shall be and remain the property of YA Market. Such disclosure, submission or offer of any Comments shall constitute an assignment to YA Market of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, YA Market shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use in any manner whatsoever whether commercial or otherwise.
Further, any reliance placed on Comments available on the website from a third party shall be at your sole risk and expense.
If you violate these Terms and Conditions, without limiting any other remedies available, YA Market may without notice to you (a) prohibit you from using the Services, (b) if required by law, or by subpoena or an enforcement body, disclose information about you and your use of the Services for the investigation of any unlawful or harmful activity.
THIRD PARTY LINKS
Where the website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources. YA Market does not endorse the content of any third-party website, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using a link to another website, you agree and understand that you may not make any claim against YA Market for any damages or losses, whatsoever, resulting from your use of the website to link to another website. If you have a problem with a link from the website, please notify us at [email protected] and we will investigate your claim and take any action we deem appropriate in our sole discretion.
YA MARKET DOES NOT PROMISE THAT THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE WEBSITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YA MARKET CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YA MARKET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YA MARKET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES. YA MARKET MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THIS WEBSITE OR USE OF YA MARKET SERVICE. YA MARKET DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD-PARTY USERS, YA MARKET USERS, ADVERTISERS AND/OR SPONSORS ON THE WEBSITE, IN CONNECTION WITH YA MARKET SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE WEBSITE AND/OR YA MARKET SERVICE.
Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers, service and/or product providers referenced on or included in the website to YA Market at [email protected] YA Market may investigate the claim and take appropriate action, in its sole discretion.
LIMITATION ON LIABILITY
IN NO EVENT WILL YA MARKET BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF YA MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold YA Market and its affiliates, and each of YA Market’s and its affiliates’ respective officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the website, including your use of the website to provide a link to another website or to upload content or other information to the website.
GOVERNING LAW AND DISPUTES
These Terms and Conditions shall be governed by the laws of the Hashimate Kingdom of Jordan applicable to agreements made and to be performed therein without regard to conflict of laws principles. You expressly agree that exclusive jurisdiction for any claim or dispute with YA Market or relating in any way to your use of our Service resides in the courts of the Hashimate Kingdom of Jordan, or any state court located in Jordan, and waive any right to resort to any form of class action.
These Terms and Conditions are effective until terminated by YA Market, and YA Market may terminate your agreement and your access to the website at any time without notice. In the event of termination, you are no longer authorized to access the website, but all restrictions imposed on you, licenses granted by you and all disclaimers and limitations of liability set out in these Terms and Conditions will survive.
If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
We rely on your continued observance of these Terms and Conditions. If YA Market suffers any loss or damage or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation then you agree to indemnify YA Market for those losses, damages and costs.
You and we shall be independent parties under these Terms and Conditions, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint ventures or partners for any purpose.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
If you have any questions about these Terms or our Services, please contact us via email [email protected].