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Merchant Agreement

 
Definitions

The terms “we,” “our” or “us” used in this Merchant Agreement shall denote Enligo.com website while the terms “you” or “your” shall represent the merchants who use our service to list or advertise their products and services.

 
Merchant Agreement

You should acknowledge and consent that accessing our website or using any services offered by Enligo.com to list your products shall be deemed as your explicit consent to accept the whole Merchant Agreement, including the terms and conditions mentioned in this Merchant Agreement, the Privacy Policy, and additional terms of service, if any, for receiving our value-added services. You should carefully read the terms of service before using it, and if you feel that you are not comfortable with any clause of this agreement, you shall have the option to stop using our services.

 

You should acknowledge and consent that we shall be entitled to edit, modify, change or alter the terms and conditions mentioned in this Merchant Agreement at any time with our sole discretion. The modified or changed terms and conditions shall immediately become effective after any such amendment notification. The continuous use of our website after such amendment shall be deemed that you have accepted to abide by the modified or changed terms and conditions.

 

In order to sign this Merchant Agreement and use our services, you should provide your company information and warrant that your company has a valid existence with well-organized structure, and you have the power and authority to represent your company. When you enter an agreement with Enligo.com it shall be deemed that you understand your obligation to provide accurate and complete information, and duly authorized to represent your company, and if you are not, consent to be personally responsible for all obligations that might arise.

 
Electronic Communication

You should acknowledge and consent that all communications shall be carried out through your email address registered on Enligo.com website. The notices may also be posted on our website. You should regularly monitor your email address and revisit our website to remain aware about the changes in our programs and policies. You can contact our support and customer service by filling a contact form or by sending an email to our support at shops@enligo.com .

 
Merchant Account and Password

Account and password shall be assigned to every merchant who signs this agreement to facilitate the use of Enligo.com services. Merchants shall be responsible for protecting their accounts and passwords and held accountable for all activities that take place under their password authentication. Therefore, you should never share your account password with third parties. If you feel that your password is compromised, immediately change it to keep it safe. You should promptly inform us about any breach of security or unauthorized use of your account / password.

 
Product Listing

You can advertise any product on our website, except but not limited to the following products, posts, links or related content:

 

  • Any product or content that has been prohibited by law

  • Illegal, stolen, fraudulent or counterfeit products and related content

  • Products or related contents that are libel or slander or otherwise defamatory

  • Products or related contents that infringe copyright, trademark, intellectual property or other proprietary rights of the rightful owners, including their rights of privacy or publicity

 

For Enligo.com to display merchants’ products merchants are required to provide a frequently updated product data feed for error-free, effective and prompt listing and which eliminates delays, faults, and errors, particularly the display of wrong product information that might occur when consumers click the product.

 

You should refer to the file titled “Product data feed” for learning the details of creating product data feed and product information that is required for effective product listing. Note that technical skills are required to create product data feed.

 
Product listing guidelines
 
 
Accuracy of Product Listing

You should acknowledge and consent that your product listing should be accurate, current and complete without causing any confusion, deception, or misconception among the targeted audiences. For example, if you are listing branded products manufactured by a third party, you cannot claim to sell original or manufacturer products. Similarly, you should refrain from describing used products as new, or describing the products as same when their attributes like material, size, and color, etc. are different.

 
Manually Match Service

Our system tries to match all products automatically but there can be mistakes with matching, for example if your product name differs from commonly used product name. For this reason we have created a manual match feature so that merchants can manually match their products and resolve any inconsistencies in their products’ matching. You should regularly check your product matching to ensure that your products are matched correctly, and if your product has been matched incorrectly, please correct it. We continuously improve our automatic matching to minimize the Merchants manual matching. It is desirable that you would rename your products in cases when the product name is not “well formed” or inadequate, for example “black shoes”, “MD551” or “Samsung phone” – our system cannot automatically match these products correctly. It requires a lot of your time to manual match the products to show your inventory in our website correctly which affects your products visibility.

 

However, you should never do anything that amounts to misuse of our manual matching service, for example matching wrong products or change the matching when your product is correctly matched. We monitor each and every manually matched entry and you acknowledge and consent that we have absolute discretionary powers to prevent you from using part or all of our services if we have reason to suspect that you have misused our manual matching service.

 
Shipping Country

The merchants shall be required to submit accurate and valid information of the country of where their products are shipped from. If you ship from many different countries, you should specify from which country’s warehouse you send and where to. If you change your warehouse to another country you should promptly update your warehouse details in our system.

 

You should acknowledge and consent that Enligo.com holds the right to ask and you have the obligation to answer our inquiries about the order status of your customer like shipment and tracking data and share this information. We only inquire these details when buyer makes a complaint to us.

 
Products Prices / Final Prices

The merchants shall quote the prices in their product listing as the final prices that may exclude only shipping charges. No extra charges in lieu of sales, excise, import and export, or other duties and mandatory fees should be imposed to inflate this final price. In simple words, the final price shall denote the actual price the customer has to pay to get the product. In case the customers are required to bear any of taxes and duties as additional charges, it shall be mandatory for the merchants to include “Taxes and customs may apply” in the merchant's warehouse page (shop administration page) to make it clear that quoted price might not be the final payable price.

 
Shipping Fees and Delivery Time

It shall be mandatory for the merchants to include shipping fees and expected delivery time of products in their listing. If free shipping is applicable you are required to express shipping charges in the product listing as “0”. In case more than one shipping methods are available for a product, the merchants shall be allowed to add the cheapest shipping method. You should acknowledge and consent that your shipping fees and delivery times are valid and realistic.

 
Merchants’ Policies

The Merchants’ define their own policies regarding order processing, warranty, payments, shipping, product returns and refunds. We highly recommend merchants to use generally accepted and common practices to ensure the customers the most convenient purchase experience.

 
 
Illegal Activity

You should acknowledge that we follow a very strict policy with regard to illegal activities on our website. These include, but not limited to, registering under a false name, imitation of another company, the exercise of fraudulent activities, sales frauds, click frauds, fake reviews and feedbacks or other similar activities. We do not tolerate illegal activities and we may report the fraudulent and illegal activities to law enforcement authorities or take any other action to stop illegal activities.

 

You should acknowledge and consent that Enligo.com shall be entitled with absolute discretionary rights to monitor any activity or content, and investigate any reported violations of this Merchant Agreement, the way we deem it appropriate or necessary. Enligo.com shall hold exclusive rights to take action for violation of its policies, what it thinks appropriate, including but not limited to editing, modifying or removing any content or listing from the website, issuing warnings, preventing access to certain features or services or complete denial of access and termination of account.

 

You should acknowledge and consent that we shall have absolute rights to edit, modify, delete or completely remove the contents from our website if we think or become aware that posted contents are objectionable, violates the terms and conditions of our service, or creates hindrance in promoting cordial relationship between the customers and hampers the integrity of our services, operation of business or the system as a whole.

 
Our role in transactions and trading

Enligo.com shall facilitate the business of third party sellers, referred in this agreement as Merchants, by providing a platform to display Merchants’ product inventory. Enligo.com shall not get directly involved in the merchandise activities of the third party merchants, and all transactions shall take place from the merchants' own websites. You should acknowledge and consent that Enligo.com shall not be responsible for any loss of profit or credibility, misuse, fraud or other implications that might arise from transactions between the merchants and customers. The merchants shall directly engage their customers to resolve any disputes, or derogatory activities to manage their reputation and credibility that might be endangered from unsound policies and careless transactions. 

 

You should acknowledge and consent that it shall be your responsibility to determine whether Seller Taxes apply to the transactions, and if it does, it shall be your obligation to collect, report, and remit the Seller Taxes to the appropriate authority. Enligo.com shall not be responsible for determining whether Seller Taxes apply to a product and should have no role in its collection, reporting and filing of tax related documents and does not interfere with such.

 
Enligo.com Rights

You should acknowledge and consent that Enligo.com shall be entitled to absolute discretionary powers in refusing service to any company and / or prevent access to specific features or services, in part or full, at any time and for any reasons, or terminate the merchant account with us. 

 

It shall be our exclusive domain to decide the appearance, design, content, and functionality of our website or the services being offered by us, and the merchants or users of this website shall have no direct role in determining our sole discretion in this matter.

 
Privacy of Merchants

You should acknowledge and consent that we may display your logo, trademarks, product page, and share merchants’ feedbacks and other personally identifiable information with website users as part of the service to list your products and promote your business. Except the information that is shared publicly to promote business, Enligo.com shall never disclose sensitive information like merchant's contact people, previous discussions between Merchant and us, click amounts and other traffic information, invoices and fee amounts, order amounts or other order related details, your customers’ details and information, or any other customers’ details or information related to the use of our services. 

 

You should acknowledge and consent that Enligo.com shall hold absolute discretionary powers to use, publish and share personally identifiable information when it becomes necessary to prevent fraud and illegal activities on our platform or to put an end to continuous infringement of our terms and conditions.

 
Service Warranty

You should acknowledge that the contents or services on our website are being offered ‘as it is’ that should be used only for information purposes. Nothing on our website shall denote or taken to provide explicit or implicit warranty of any kind, including but not limited to:

 
  • Accuracy, suitability, timeliness, reliability and uninterrupted accessibility or availability of secure and error-free information or services;

  • Availability of products and services for sale at the time of listing or warranties of merchantability;

  • Publication of information, materials or products on the website exactly as represented by the merchants;

  • Suitability / appropriateness of products or services for a particular purpose or buyers/merchant requirements;

  • Non-infringement of titles or rights of any kind;

  • And lawful activity of buyers and merchants as mandated and promised in this agreement.

 

You should acknowledge and consent that Enligo.com and its affiliates, channel partners and collaborating service providers shall not be responsible for any claim, rights, liabilities, obligations or remedies in tort arising from your dealing or merchandise activities with the buyers, irrespective of the fact that prompt action from Enligo.com or its affiliates, channel partners and collaborating service providers might have averted the situation or consequences.

 

You should acknowledge that we are not directly involved in your merchandise relationship with the buyers and resulting transactions, and therefore, you should indemnify Enligo.com and its staff members, channel partners and collaborating service providers from all known and unknown, suspected or unsuspected, disclosed and undisclosed claims, demands and damages that might arise in the event of a dispute between you and your customers or between participating merchants.

 
Limitation of Liability

You should acknowledge and consent that Enligo.com, its employees, directors, affiliates, channel partners and collaborating service providers shall not be responsible for any costs, losses, damages, judgments, penalties, interest and expenses, including but not limited to attorneys' fees that might arise from:

 
  • Alleged or actual breach of the merchant’s representations, obligations or warranties mentioned in this Merchant Agreement

  • Advertisement, offers, sales of products and services from merchant's own website or promotional channels and return of any product they sell

  • Alleged or actual infringement of any property or proprietary rights by any products that merchants sell or content they provide

  • Failure to collect or pay sales taxes

 

Nothing in this website and Merchant Agreement shall make Enligo.com and its employees, directors, affiliates, channel partners and collaborating service providers liable for damages of any kind, including but not limited to, direct, indirect, incidental, punitive and consequential damages that might arise from your ability or inability to use or access our website or any services being offered on this website.

 
Termination of Contract

We do not bind Merchants to any long term agreements or contracts. Service contract between Enligo.com and Merchant is valid until one of the parties wants to terminate the contract. The contract can be terminated at any time without any permission or consent from the other party. The service and invoicing stops immediately right after the termination of the contract.

 
Applicable Law

The laws of the United Arab Emirates shall govern this Merchant Agreement and all issues that may arise from the use of this website.

 

Entering into this Merchant Agreement and listing your products on our website shall be deemed that you have granted perpetual, irrevocable, non-exclusive, royalty-free worldwide rights / license to Enligo.com for editing, modifying, reformatting, reproducing, distributing, or commercially, or non-commercially using any or all the contents you submit or publish on our website for displaying or adapting and creating derivative works in any form or manner to promote our business. You should acknowledge and consent that Enligo.com shall be entitled to sublicense the foregoing rights to our affiliates, channel partners and collaborating service providers in promoting business and creating an online presence at any website or landing page through which the Site and/or products or services available thereon are described, advertised, offered, syndicated or merchandised. Subject to the laws that define the maximum permissible use of content without a license from the merchants, nothing on this website or Merchant Agreement shall prevent Enligo.com or impair our right to use any content or materials posted on the website for promoting our business. However, Enligo.com shall refrain from doing anything that modifies or alters the trademark of participating merchants except resizing trademarks to the extent necessary for displaying or presenting their products.

 

You should acknowledge that listing your products or publishing contents on our website shall be taken as a representation and warrant that you own or otherwise control all the rights related to that content, and if you don’t, consent to be personally responsible for all the consequences of infringement or violation of third party rights.

 
Entire Agreement

You should acknowledge and consent that this Merchant Agreement and Privacy Policy shall constitute the entire and final agreement. This final agreement shall supersede prior and contemporaneous agreements, claims, representations, oral or written communications / understandings between the parties in connection with the subject matter hereof.

 

You should acknowledge that Enligo.com shall provide product listing services to independent merchants, and nothing on this website and Merchant Agreement shall denote or taken as creating a partnership, joint venture, sales agency, sales representative, franchise, or employer-employee relationship between the contracting parties. This Merchant Agreement and all the representations, conditions, covenants, provisions, and warranties hereof shall apply for the sole and exclusive benefit of Enligo.com and participating merchants. Nothing in this Merchant Agreement, express or implied, shall empower any person other than the parties to this agreement with any legal or equitable rights, remedies, or claims under or with respect to this Merchant Agreement.

 

 

Enligo is owned by:

 

DesFlow Limited

 

UK Office:
71-75, Shelton Street
London
WC2H 9JQ
United Kingdom
Registration Number: 11606241

 

 

Germany Office:
FAX: +49 33 11 49 00 70 2
Carl-Reuther-Straße 1
68305, Mannheim
Firmen-ID: IC20151789
Handelsregister: Amtsgericht Mannheim-Baden-Württemberg

 

 

Headquarters:
Unit No 1009, Gold Crest Executive
Jumeirah Lake Towers
Dubai
United Arab Emirates
Registration number: IC20151789