Terms and Conditions

Effective date: 01/12/2023

Who We Are

We are HANDA LLC, hereafter “HANDA,” with headquarters at Office 201, 48 Burj Gate, Sheikh Zayed Road, Dubai, UAE. HANDA can always be reached at info@handawork.com. In order to utilize the HANDA App and HANDA Services, it is imperative that you adhere to these Terms and Conditions, along with any other written agreement(s) between HANDA, LLC and yourself. By utilizing the HANDA Services in any capacity, such as visiting or browsing the App, you (referred to as the "user" or "you") consent to be legally obligated by this Agreement, which includes any additional terms, conditions, and policies mentioned here or accessible through hyperlinks. This Agreement is applicable to all individuals utilizing HANDA Services, including users who serve as vendors, customers, merchants, contributors of content, information, and other products or services on the App. HANDA, LLC has the authority to modify these Terms and Conditions periodically, with or without prior notification to you. You recognize and consent that it is your obligation to regularly examine the App and these Terms and Conditions. If you continue to use the App and HANDA Services, as defined in these Terms and Conditions, after such changes have been made, it will be considered as your acknowledgement and acceptance of the new Terms and Conditions. By utilizing the application and services provided by HANDA, you acknowledge and accept the obligations and regulations outlined in these terms and conditions. If you do not desire to be legally obligated by these terms and conditions, kindly exit the 2 application and cease utilizing the application and HANDA services. If you are not satisfied with the app, HANDA services, products, or offerings available on the app, or these terms and conditions, your only recourse against HANDA, LLC and its parent companies, subsidiaries, affiliates, officers, directors, agents, and employees is to stop using the app, HANDA services, and/or those specific products or offerings that you are dissatisfied with. These terms become effective and legally binding upon you as soon as you use the app or any HANDA services. You recognize and consent that there are potential hazards linked to using an online marketplace and engaging with other users.

1. HANDA Terms and Conditions:

Please carefully review these terms and conditions before to utilizing the web application and services provided by HANDA, LLC ("HANDA"). This agreement establishes the legally enforceable terms and conditions for your utilization of the web application located at https://HANDAWORK.com (referred to as the "App") and all services rendered by HANDA, LLC on the App. HANDA and its affiliates offer web application features, products, and services to users who visit or shop at https://HANDAWORK.com, use HANDA products or services, utilize HANDA mobile applications, or employ software provided by HANDA in relation to any of the aforementioned activities (collectively referred to as HANDA Services). HANDA offers the HANDA Services under the specified terms and conditions. For any inquiries, kindly contact us via email at info@handawork.com. By utilizing the services of HANDA and/or the App, you hereby consent to abide by the specified conditions and Terms and Conditions, and acknowledge your agreement to be legally bound by this Agreement.

The application serves as a platform or location:

You acknowledge that the App functions as a platform. HANDA assumes responsibility for all content, including data, text, information, usernames, graphics, photos, photographs, profiles, items, and links, that is uploaded by both you and other users. The App and all other HANDA Services are utilized under the authority and oversight of HANDA LLC. for E-Marketing LLC, referred to as "HANDA". The App serves as a platform for users who adhere to HANDA's Terms and Conditions and rules to engage in the buying and selling of certain electronic goods using a fixed-price structure. HANDA plays a direct role in facilitating transactions between buyers and sellers. HANDA has complete authority over the quality, safety, morality, and legality of all aspects related to the listed things. This includes verifying the truth and authenticity of the listings, ensuring sellers' ability to sell items, and buyers' ability to pay for items. HANDA requires all users to authenticate their identity via the "Nafath" system. HANDA cannot guarantee the fulfillment of a transaction by a buyer or seller. HANDA does not possess any rights, ownership, or claim over the products or items listed on the App. It does not facilitate the transfer of legal ownership from the seller to the buyer, until the transaction between them is fully executed. Furthermore, HANDA does not officially support or conduct investigations on each user of HANDA. However, HANDA will make diligent efforts to ensure the accuracy and legitimacy of all information supplied within the App. HANDA strongly advises all users to exercise prudence and engage in direct communication with possible transaction counterparts using the accessible options on the App.

3. Criteria for Membership:

HANDA Services are exclusively accessible to and intended for those who are at least 18 years old and possess the legal 4 capacity to enter into binding transactions as per the relevant legislation. By utilizing the App or any HANDA Services, you affirm and guarantee that you are a minimum of 18 years of age and that all the registration details you provide are precise and honest. HANDA has the right to deny access to or usage of the App or any HANDA Services to any individual or organization at its own discretion. Furthermore, HANDA retains the right to modify its user eligibility conditions at any given moment.

4. Individuals Under 18:

Users who are below 18 years old are required to always use the App or any other HANDA Services under the direct supervision of a parent or legal guardian who is at least 18 years old. The adult is always the user and bears full responsibility for all activity.

5. Compliance:

By using the App, you agree to comply with HANDA's policies as outlined in this Agreement and the relevant HANDA policy documents listed below (if they apply to your activities on the App). Additionally, you agree to adhere to any other operational rules, policies, and procedures that HANDA may publish on the App from time to time. These policies are incorporated into this Agreement and may be updated by HANDA with or without prior notice to you. A. Adherence to Local Legislation. You are obligated to adhere to any local regulations about online behavior and permissible material. B. Adherence to VAT Regulations. You are liable for any applicable taxes, if they exist.

6. Password:

Ensure the security of your password. You bear complete responsibility for any and all activity, liability, and harm that may arise as a consequence of your failure to uphold the secrecy of your password. It is imperative that you promptly inform HANDA of any unauthorized access to your password or any violation of security by sending an email to info@handawork.com. Furthermore, you acknowledge that HANDA bears no responsibility and will not be held accountable for any loss or harm resulting from your negligence in safeguarding your password. You are prohibited from sharing your username and password with any party other than HANDA, unless you have obtained HANDA's explicit written consent.

7. Account Information:

You must keep your account information up-to-date and accurate at all times, including a valid email address.

8. Account Transfer:

You may not transfer or sell your HANDA account and User ID to any other party.

9. Right to Refuse Service:

HANDA reserves the right to deny service to any user, without providing a specific reason, at any given moment. HANDA has the authority to temporarily or permanently suspend users of the App or other HANDA Services at its own discretion. HANDA has the authority to terminate accounts that are unconfirmed or inactive, at its own discretion.

10. Privacy Policy:

Please review our Privacy Policy at https://HANDAWORK.com/privacy.

11. Sales Terms and Policy:

1. Transactions: All transactions made through HANDA's mobile app are conducted securely and efficiently. Users must ensure all transactional information is accurate and complete. HANDA reserves the right to review and verify transaction details before processing.

2. Cancellation Terms: Orders can be canceled within a specific timeframe detailed in the individual product or service listing, typically before the dispatch or provision of the product or service. Failure to cancel within this period may result in the transaction proceeding and being non- refundable.

3. Payments: HANDA accepts various forms of payment, including but not limited to credit cards, debit cards, and selected mobile payment solutions. All payment methods are subject to validation checks and authorization by the payment system provider. Users are responsible for providing valid payment details and ensuring sufficient funds for the transactions.

4. Refunds: Refunds are processed in accordance with our refund policy. Users are eligible for refunds under specific conditions, such as receiving defective or incorrect items, or under circumstances where HANDA has determined that a refund is appropriate due to unforeseen issues with the service or product. Refunds will be credited to the original method of payment within a certain number of days, as detailed in the individual service or product terms.

5. Dispute Resolution: In the event of a dispute, users should first contact HANDA customer support to seek resolution. If the dispute cannot be resolved, it may be escalated according to the dispute resolution procedures outlined in the Terms & Conditions.

6. Amendments to Sales Terms: HANDA reserves the right to amend the sales terms and agreements at any time. Users will be notified of any changes, which will become effective upon posting or as otherwise stated in the notification.

13. Third-Party Apps and Information:

The App has the capability to redirect or link to other online applications on the Internet, or may contain references to information, products, or services provided by unrelated third parties. Although HANDA strives to collaborate exclusively with reliable and esteemed providers, it is possible that these applications may occasionally include information, content, or policies that certain individuals may deem unsuitable or disagreeable on a personal level. You acknowledge and accept that HANDA bears no responsibility for the accuracy, comprehensiveness, appropriateness, or legality of content housed by third-party online applications. Furthermore, HANDA is not liable for any errors or omissions in any references made on those web applications. The provision of a link or reference is solely for the purpose of convenience and does not indicate any sponsorship or relationship with the App or party by HANDA, nor does it imply any type of warranty, whether explicit or implicit. - As part of our service, we have the ability to offer links to online applications that are owned and run by third parties. These links may be provided through our app or through emails sent to you. You assume full responsibility and exercise complete caution when accessing and utilizing these third-party web applications. The user's text is empty. The terms and conditions of use and privacy policy of the specific third-party webapp will apply to your usage of it. The terms and conditions of usage and privacy policy will differ from the HANDA Terms and Conditions and Privacy Policy.

The user did not provide any text. Any perspectives, beliefs, guidance, or support offered to you by a third party do not reflect the perspectives, beliefs, guidance, or support of HANDA.

Furthermore, we do not oversee, monitor, evaluate, verify, or promote such offerings. You assume full responsibility for any decision to act or abstain from acting based on the opinions, advice, or assistance of third parties, and you do so at your own risk and discretion.

14. Prohibited, Questionable and Infringing Items and Activities:

You bear exclusive responsibility for your behavior and actions on the App, as well as any behavior or actions pertaining to or concerning any HANDA Services. You bear full responsibility for all the Content you submit, post, and display on the App, including data, text, information, usernames, graphics, pictures, photographs, profiles, audio, video, items, and links.

15. Restricted Activities: Your Content and your use of the App or any other HANDA Services shall not: - Be false, inaccurate or misleading; - Be fraudulent or involve the sale of illegal, counterfeit or stolen items; - Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy; - Violate this Agreement, any app policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); - Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including HANDA staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through, for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device; - Be obscene or contain child pornography; - Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; - Host images not part of a listing; - Modify, adapt or hack the App or modify another webapp so as to falsely imply that it is associated with HANDA; - Appear to create liability for HANDA or cause HANDA to lose (in whole or in part) the services of HANDA's ISPs or other suppliers; - Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on HANDA. Furthermore, you may not list any item on the App (or consummate any transaction that was initiated using HANDA Services) that, by paying to HANDA the listing fee or the final value fee, could cause HANDA to violate any applicable law, statute, ordinance or regulation, or that violates the Terms and Conditions.

16. Content:

A. User's Grant of License In Favor of HANDA. HANDA does not claim ownership rights in your Content. You grant HANDA a license to use any information or Content you supply, but you agree that HANDA is not violating any rights you might have in any information or Content you supply to HANDA. You grant HANDA a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow HANDA to store or re- format your Content on the App and display your Content on the App in any way HANDA chooses. HANDA will only use personal information in accordance with HANDA's Privacy Policy. As part of a transaction, you may obtain personal information, including email address and shipping information, from another HANDA user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for HANDA-related communications. HANDA has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any HANDA user to your email or physical mail list. For more information, see HANDA's Privacy Policy.

B. HANDA's Grant of License in Favor of User. Subject to your compliance with the Terms and Conditions, this Agreement, and your payment of any applicable fees, HANDA or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non- commercial use of the App. This license does not include any resale or commercial use of any HANDA Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any HANDA Service or its contents; any downloading or copying of account information for the benefit of another user, seller, buyer or merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by HANDA or its licensors, suppliers, publishers, rightsholders, or other content providers. No HANDA Service, nor any part of any HANDA Service, may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of HANDA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HANDA without express written consent. You may not use any meta tags or any other "hidden text" utilizing HANDA's name or trademarks without the express written consent of HANDA. You may not misuse the App or any HANDA Services. You may use the App and any other HANDA Services only as permitted by law. The licenses granted by HANDA terminate if you do not comply with this Agreement.

C. Re-Posting Content. By posting Content on the App, it is possible for an outside webapp or a third party to re-post that Content. You agree to indemnify, defend, and hold HANDA harmless for any dispute concerning this use. If you choose to display your own HANDA-hosted image on another webapp, the image must provide a link back to its listing page on HANDA.

D. Idea Submissions. HANDA considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the App or otherwise (other than the Content and the tangible items sold on the App by users) (collectively, the "Material") to be non-confidential and non-proprietary, and HANDA shall not be liable for the disclosure or use of such Material. If, at HANDA's request, any member sends Material to improve the app (for example through the Forums or to customer support), HANDA will also consider that Material to be non-confidential and non-proprietary, and HANDA will not be liable for use or disclosure of the Material. Any communication by you to HANDA is subject to this Agreement. You agree to grant, and hereby do grant, to HANDA, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

17. Information Control

HANDA has full control over the content. HANDA has complete control over all user-generated content that is made accessible on the platform. HANDA has the authority to cancel, remove, or reject any content. Global financial exchanges. HANDA exclusively works inside the borders of Saudi Arabia. Additional sources of information. HANDA bears no responsibility for the accessibility of external web applications or resources that are linked to or mentioned on the App. HANDA does not support or assume any responsibility or liability for the content, advertising, products, or other items found on or accessible through such web applications or resources. You acknowledge that HANDA assumes no responsibility or liability, either directly or indirectly, for any harm or loss that may occur or is claimed to have occurred as a result of using or relying on any content, products, or services offered on or via any web applications or resources.

18. Resolution of Disputes and Release:

Conflicts with HANDA. If a disagreement occurs between you and HANDA, please reach out to HANDA for resolution. The Court of Commercial Court in Dubai shall have jurisdiction over any dispute arising from or connected to the subject matter of this Agreement. HANDA exercises control over the App (excluding any third-party apps) from its offices located in Jeddah. You consent and hereby submit to the sole personal jurisdiction and venue of the Commercial Court in Jeddah regarding any disputes that arise from or pertain to the subject matter of this Agreement and these Terms and Conditions. Conflicts with Users or Third Parties. If a disagreement arises between you and another third party, HANDA is not obligated to negotiate or attempt to resolve the problem. You hereby absolve HANDA, as well as its officers, directors, agents, subsidiaries, joint ventures, and employees, from any and all claims, demands, and damages (both actual and consequential) of any type and origin, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that may arise as a result of or in connection with any disagreement between you and another user or a third party. HANDA may endeavor to assist users in resolving conflicts for their own advantage. Nevertheless, HANDA retains the exclusive authority to make such decisions, and is under no duty to mediate conflicts between users and external entities. If HANDA makes an effort to settle a disagreement, it will do so sincerely and entirely according to its own policies. HANDA will refrain from making determinations about legal matters or assertions. HANDA is responsible for resolving any disputes that may develop between users within a maximum of 30 working days.

19. HANDA's Intellectual Property:

HANDA, and other HANDA graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of HANDA, LLC in Saudi Arabia and/or other countries. HANDA's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

20. Access and Interference:

HANDA may contain robot exclusion headers that contain internal rules for software usage. Much of the information on the App is updated on a real-time basis and is proprietary or is licensed to HANDA by HANDA's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the App for any purpose whatsoever, except to the extent expressly permitted by and in compliance with HANDA's API Terms and Conditions or otherwise without HANDA's prior express written permission. Additionally, you agree that you will not:

A. Take any action that imposes, or may impose, in HANDA's sole discretion, an unreasonable or disproportionately large load on HANDA's infrastructure;
B. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the App except to the extent expressly permitted by and in compliance with HANDA's API Terms and Conditions or otherwise without the prior express written permission of HANDA and the appropriate third party, as applicable;
C. Interfere or attempt to interfere with the proper working of the App or any activities conducted on the App; or D. Bypass HANDA's robot exclusion headers or other measures HANDA may use to prevent or restrict access to the App.
21. Breach Without limiting any other remedies, HANDA may, without notice, and without refunding any fees, delay or immediately remove Content, warn HANDA's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the App, and take technical and legal steps to keep a user off the App and refuse to provide services to a user if any of the following apply: A. HANDA suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein;
B. HANDA is unable to verify or authenticate any of your personal information or Content; or
C. HANDA believes that a user is acting inconsistently with the letter or spirit of HANDA's policies, has engaged in improper or fraudulent activity on the App or in connection with HANDA or the actions may cause legal liability or financial loss to HANDA's users or to HANDA.

22. Privacy:

Except as provided in HANDA's Privacy Policy, HANDA will not sell or disclose your personal information (as defined in the Privacy Policy) whatsoever. HANDA stores and processes Content on Cloud-Based Server located in United Arab Emirates that are protected by physical as well as technological security.

23. DISCLAIMER OF WARRANTIES

HANDA, HANDA's subsidiaries, officers, directors, employees, and HANDA's suppliers provide the app and HANDA services "as is" and without any warranty or condition, express, implied or statutory. HANDA, HANDA's subsidiaries, officers, directors, employees and HANDA's suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. the app, HANDA services, and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the app or through HANDA services are provided by HANDA on an "as is" and "as available" basis, unless otherwise specified in writing. HANDA makes no representations or warranties of any kind, express or implied, as to any HANDA services, the operation of the app, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the app or other HANDA services, unless otherwise specified in writing. You expressly agree that your use of the app and/or HANDA services is at your sole risk to the full extent permissible by applicable law, HANDA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. HANDA does not warrant that the app or HANDA services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the app, HANDA's servers or electronic communications sent from HANDA are free of viruses or other harmful components. HANDA will not be liable for any damages of any kind arising from the use of any HANDA services, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. further, HANDA shall not be liable in any way for third party promises regarding offerings or content on the app or for assistance in conducting commercial transactions with a third party through the app, including without limitation the processing of orders. In addition, no advice or information (oral or written) obtained by you from HANDA shall create any warranty.

24. indemnity:

You agree to defend, indemnify and hold HANDA and (as applicable) HANDA's parent companies, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use or misuse of the app or any HANDA services, your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. HANDA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with HANDA in asserting any available defenses.

25. No Guarantee:

HANDA does not guarantee continuous, uninterrupted access to the App. Operation of the App may be interfered with by numerous factors outside HANDA's control. You understand and agree that temporary interruptions of the app may occur as normal events that are out of HANDA's control. You also understand and agree that HANDA has no control over the third- party networks or service(s) that HANDA may use to provide the App and/or HANDA Services to you. You agree that the App and any HANDA Services are provided “AS IS” and that HANDA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

26. Legal Compliance; VAT:

Your use of the App and any HANDA Service is subject to all applicable laws and regulations. You shall comply with all applicable domestic laws, statutes, ordinances and regulations regarding your use of the App and any HANDA Service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all VAT if applicable to any purchases or sales of items you make on the App (excluding any taxes on HANDA's net income).

27. Confidentiality:

Content and Communications With HANDA Treated as Non- Confidential. All information and communications sent by you to HANDA will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to HANDA (including patentable ideas, new content suggestions or business proposals) unless you and HANDA have mutually agreed in writing otherwise. Idea and information that HANDA receives unsolicited will be treated as property owned by HANDA and will not be returned to you.

28. Severability:

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

29. No Agency:

You and HANDA are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser- franchisee relationship is intended or created by this Agreement.

30. Modification or Termination of HANDA Services:

HANDA reserves the right to modify or terminate any HANDA Service for any reason, without notice to you, at any time. HANDA reserves the right to alter these Terms and Conditions or other App policies at any time without notice to you, so please review the policies frequently. If HANDA makes a material change to this Agreement or to its Terms and Conditions, HANDA will attempt to notify you here, by email, by means of a notice on HANDA's home page, or other place(s) HANDA deems appropriate. What constitutes a "material change" will be determined at HANDA's sole discretion, in good faith, and using common sense and reasonable judgment.

31. Choice of Law:

This Agreement shall in all respects be interpreted and construed with and by the laws of United Arab Emirates.

32. Entire Agreement:

This Agreement contains the entire agreement and understanding of the parties with respect to its subject matter and supersedes any prior or contemporaneous written or oral representations, discussions, proposals, understandings, Terms and Conditions, and the like respecting the subject matter hereof.