Seller Agreement


1. Acceptance of Terms

1.1 WELCOME TO DIKANI.COM'S SELLER SERVICE (the "SERVICE"). The following sets forth the terms and conditions of the Seller Membership Agreement (this "Agreement") between you and ("") under which offers you access to the Service through the web site identified by the uniform resource locator www. (the "Site"). Use of the Service indicates that you accept the terms and conditions set forth below. If you do not accept all of the terms and conditions, please do not use the Service. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON", YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY THIS AGREEMENT, DIKANI.COM'S TERMS OF USE AGREEMENT, DIKANI.COM'S PRODUCT LISTING POLICY AND DIKANI.COM'S PRIVACY POLICY WHICH ARE INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY REFERRED TO AS THE "DIKANI.COM TERMS OF USE"). Terms not defined in this Agreement shall bear the same meaning as that contained in the Terms of Use.

1.2 may amend this Agreement at any time by posting the amended and restated Agreement on this Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement was last amended on May 14 2008. Posting by of the amended and restated Agreement and your continued use of the Service shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified except in writing by an authorized officer of

1.3 In this Agreement, any user of this Site who has registered and paid for the Service, and has been vetted by the Authentication and Verification procedure defined below, shall be referred to as a "Member". Any user of this Site who has registered for the Service, but has not paid or has not passed the Authentication and Verification procedure, shall be referred to as an "Applicant".

2. Authentication and Verification

2.1 Upon registration for the Service, each Applicant agrees that it shall be subject to Authentication and Verification procedures

2.2 Each Applicant agrees to provide all necessary information and render all reasonable assistance and cooperation that may require in order to complete the Authentication and Verification procedures.

2.3 In the event that the Authentication and/or Verification procedures are not completed within a period of three (3) calendar months from the date of registration, and such non-completion is due to the Applicant’s own failure to provide the necessary information or to render the reasonable assistance and cooperation, then shall be entitled to, and the Applicant authorizes to, forfeit the entire subscription fee paid by it in accordance with Section 3.8.

2.4 Any changes to information of a Member shall be subject to new Authentication and/or Verification procedures at such Member's expense.

3. The Service

3.1 The Service is offered on a subscription basis for a specified time period set forth in Section 4 of this Agreement.

3.2 The Service has the following core features (which may be added to or modified, or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of and notified to you) ("Seller Benefits") :

  • Seller Profile - allows each Member to display and edit basic information about its business, such as type of products or services, Logo, location map, etc.
  • Product catalogue - allows each Member to display and edit descriptions, specifications and images of its products.
  • Subdomain - Each Member ID or shop name will be a subdomain which can be accessed directly "".

3.3 Subject to paragraph 6.7 below, agrees that the above Seller Benefits provided to a Member shall not be terminated or removed with respect to such Member during its valid subscription period unless otherwise agreed with the Member, except that (a) may make upgrades, limitations and modifications to the Seller Benefits which believes in good faith furthers the purposes of the Service, and (b) has the right to terminate, remove or reduce Seller Benefits with respect to any Member who in's sole determination has violated applicable law or the provisions of this Agreement or the Terms of Use.

3.4 Except as provided in Section 3.7 below, all payments made are non-refundable. reserves the right to modify the Sellers subscription rates and payment conditions for any subsequent renewals terms upon prior written notice to each Member.

3.5 The Service is offered to both individual and business or corporate entities (e.g. corporation, limited liability company, partnership, sole proprietorship, etc.)

3.6 Each Member shall be given a Sellers Account (the "Account") upon receipt of payment by and successful Authentication and Verification. Activation of the Account shall be notified to the Member via email to such email address provided by the Member upon registration for the Service.

3.7 The Service shall not be available to Applicants who have failed the Authentication and Verification process, notwithstanding that the Applicant may have paid for the Service. will notify an Applicant of the outcome of the Authentication and Verification by email as soon as such outcome is available, and in any event within a period of three (3) calendar months from the date of the Applicant’s registration. In the event that the Authentication and/or Verification is unsuccessful due to reasons other than the Applicant’s breach of obligation under clause 2.2, (i.e. the Applicant’s own failure to provide the necessary information or to render reasonable assistance and cooperation as required), will forfeit the entire fee and will not refund the subscription fees.

3.8 shall issue a Member ID and Password (which shall be chosen by the Member during registration) to each Member to access the Service through such Member's Account. Each Member shall be solely responsible for maintaining the confidentiality of its Member ID and Password and for all activities that occur under the Member ID and Password. A set of Member ID and Password is unique to a single Account and no Member shall share, assign or permit the use of its Account, Member ID or Password to another person outside of the Member's business entity. Each Member acknowledges that sharing of its Account with other persons, or allowing multiple users outside of its business entity to use its Account (collectively, "multiple use"), will cause irreparable harm to and each Member shall indemnify against any loss or damages (including but not limited to loss of profits) suffered by as a result of such multiple use of an Account. Each Member hereby undertakes to notify immediately of any unauthorized use of its Account, Member ID or Password or any other breach of security. Each Member hereby agrees that shall not be liable for any loss or damages arising from the Member's failure to comply with this paragraph.

3.9 reserves the right to change, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice. further reserves the right to introduce new features, functionalities or applications to the Service or to future versions of the Service. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by

3.10 Each Member acknowledges that inability to use the Service wholly or partially for whatever reason may have adverse effects on its business. Each Member hereby agrees that in no event shall be liable to the Member or any third parties for any inability to use the Service (whether due to disruption, changes to or termination of the Service or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service.

4. Term of Subscription

4.1 Each Member shall subscribe for the Service for a minimum term of one (1) month from the activation date of the Account and may be renewed by the Member for a subsequent minimum term of one (1) month unless terminated by in accordance with the terms set forth in this Agreement.

4.2 The subscription rates for the Service are exclusive of any taxes, duties or other governmental, banking or transactional and handling charges or levies that each Member shall continue to be liable for as and when the same is imposed or incurred. In the event that does not receive full payment of subscription fees within ten (10) days of automatic renewal of subscription for the Service, such Member's subscription shall be terminated immediately without further notification from Access to the Sellers Benefits shall be denied upon such termination.

4.3 Upon renewal of each subscription period, Authentication and Verification shall be carried. If Authentication and Verification is unsuccessful for any reason, the process set forth in paragraph 3.5 shall apply.

4.4 During the subscription period, if the Member wishes to change any information that had previously been Authenticated and/or Verified. If the Member fails Authenticated and/or Verified, may, in its sole discretion, suspend or revoke the Service and Seller Benefits with respect to such Member.

5. Fees and Payment

5.1 In consideration of's agreement to process the application, each Applicant agrees to pay a subscription fee. The rates for fees chargeable under the Service shall be published on the Site. All fees shall be payable in advance to by wire transfer, credit card, KNET, third-party payment system (including but not limited to PayPal) or such other method acceptable to, in Kuwaiti Dinars or its equivalent in such other currency as permitted by Except as provided in paragraph 3.8 above, all payments made are non-refundable.

5.2 All published fees are exclusive of any taxes, duties or other governmental, banking or transactional and handling charges or levies.

5.3 reserves the right to modify its pricing structure, discounts and payment conditions from time to time at its sole discretion.

5.4 Each Applicant acknowledges that it is a criminal offense under applicable law to make unauthorized use of credit card or bank account information by anyone who is not the lawful owner of such credit card account or bank account. shall not be liable for the provision of any Service which has been paid for via unauthorized use of credit card or bank accounts. Any Applicant who commits an unauthorized use of credit card or bank accounts shall indemnify and save, its employees, agents and representatives harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such unauthorized use.

6. Member Responsibilities

6.1 Each Member hereby represents, warrants and agrees to (a) provide true, accurate, current and complete information about itself and its business references as may be required by and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through multiple tiers) license to to display and use all information provided by such Member in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.

6.2 Each Member hereby represents, warrants and agrees that the use by such Member of the Service and the Site shall not:

  • contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
  • be part of a scheme to defraud other Members or other users of the Site or for any other unlawful purpose;
  • iinfringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy;
  • violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
  • contain information that is obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
  • involve attempts to copy, reproduce, exploit or expropriate's various proprietary directories, databases and listings;
  • involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; and
  • involve any scheme to undermine the integrity of the computer systems or networks used by and/or any user of the Service and no Member shall attempt to gain unauthorized access to such computer systems or networks;
  • link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement or the Terms of Use; or
  • otherwise create any liability for or its affiliates.

6.3 Each Member represents, warrants and agrees that with regards to information about or posted on behalf of any business referee, it has obtained all necessary consents, approvals and waivers from its business partners and associates to (a) act as such Member's business referee; (b) to post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about the Member. Each Member further warrants that all reference letters and comments are true and accurate and hereby waives all requirements for such Member's consent to be obtained before third parties may contact the business referees.

6.4 Member shall not take any action which may undermine the integrity of's feedback system, such as leaving positive feedback for himself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another Member.

6.5 Each Member acknowledges and agrees that shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service. does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.

6.6 Each Member represents, warrants and agrees that it has obtained all necessary third party copyright or trademark licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to or authorizes to display does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.

6.7 If any Member breaches the representations, warranties and covenants of paragraphs 6.1, 6.2, 6.3, 6.4, 6.5 or 6.6 above, or if has reasonable grounds to believe that such Member is in breach of such representations, warranties and covenants, has the right to suspend or terminate the Service and all Seller Benefits with respect to such Member without any compensation, and refuse any and all current or future use of the Service or any other services that may be provided by Further, reserves the right in it sole discretion to remove any material it reasonably believes that is unlawful, could subject to liability, violates this Agreement or the Terms of Use or is otherwise found inappropriate in's opinion. reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and shall not be liable for damages or results thereof and Member agrees not to bring any action or claim against for such disclosure. In connection with any of the foregoing, may suspend or terminate the Account of any Member as deems appropriate in its sole discretion.

6.8 Each Member agrees to indemnify, its employees, agents and representatives and to hold them harmless, from any and all losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from its submissions, posting of information or deletion thereof, from such Member's use of the Service or from such Member's breach of this Agreement or the Terms of Use. Each Member further agrees that is not responsible, and shall have no liability to it or anyone else for any material posted by such Member or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. reserves the right; at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with in asserting any available defenses.

7. Limitation of Liability



7.3 Any material downloaded or otherwise obtained through the use of the Service is done at each Member's sole discretion and risk and each Member is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any Member from or through or from the Service shall create any warranty not expressly stated in this Agreement.

7.4 Under no circumstances shall be held liable for an delay or failure or disruption of the Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

7.5 shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:

  • a) the use or the inability to use the Service;
  • b) any defect in goods, samples, data, information or services purchased or obtained from a Member or a third-party service provider through the Site;
  • c) unauthorized access by third parties to data or private information of any Member;
  • d) statements or conduct of any user of the Site; or
  • e) any other matter relating to the Service however arising, including negligence.

7.6 Notwithstanding any of the foregoing provisions, the aggregate liability of with respect to each Member for all claims arising from the use of the Service or the Site shall be limited to the greater of (a) the amount of fees the Member pays to us in one month prior to the action giving rise to liability, and (b) $100. The preceding sentence shall not preclude the requirement by the Member to prove actual damages. All claims arising from the use of the Service must be filed within one (1) year from the date the cause of action arose.

8. Intellectual Property Rights

8.1 is the sole owner or lawful licensee of all the rights to the Service. The Service embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Service shall remain with or its affiliate. All rights not otherwise claimed under this Agreement or by are hereby reserved.

8.2 "DIKANI", "DIKANI.COM," and related icons and logos are registered trademarks or trademarks or service marks of Dikani Corporation in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

9. General

9.1 This Agreement and the Terms of Use constitutes the entire Agreement between each Member and and governs the use of the Service, superseding any prior written or oral Agreements in relation to the same subject matter herein.

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

9.3 This Agreement shall be governed by the laws of the State of Kuwait without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of State of Kuwait.

9.4 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

9.5 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

9.6's failure to enforce any right or failure to act with respect to any breach by a Member under this Agreement will not waive that right nor waive's right to act with respect with subsequent or similar breaches.

9.7 shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement) to any person or entity (including any affiliates of