Terms of service

Welcome to www.loyabi.com (“Site”). The owner and operator of the Site is Loyabi SARL (“we”, “our” or “us”).

These Terms of Use and all policies and additional terms (if applicable), as modified by us, posted on the Site from time to time set out the terms according to which we offer you access to and use of our Site, services and applications including our mobile application (collectively, the “Services”). You can find all of our policies and additional terms here: www.loyabi.com (“Legal Documents”). These Legal Documents are incorporated by reference into these Terms of Use.

By accessing, registering and/or continuing to use or access our Services, you are agreeing to be automatically bound by these Terms of Use and the Legal Documents with immediate effect. These Terms of Use and the Legal Documents are subject to change, modification or amendment by us at any time, such changes or modifications or amendments shall take effect immediately when incorporated and uploaded on the Site, after notifying you of such change, modification or amendment. Your continued use of the Site following any such change constitutes your agreement to these Terms of Use and Legal Documents as so modified.

References in these Terms of Use to “you” (or similar) are references to the individual or legal entity as the case may be, that is using this Site, whether as a buyer or seller/ supplier.

For the needs of these Terms of Use, Buyer shall mean any person, individual, entity of any legal form whatsoever, that use this Site or any of its Services to purchase any item or good or product posted on this Site either by Loyabi itself, or by any seller or supplier.

On the other hand, Seller or Supplier shall mean any person, individual, entity of any legal form whatsoever, that use this Site or any of its Services to sell and offer any item or good or product to the public, by posting it, and its details and description on this Site.

I- ABOUT OUR SITE

The Site is a marketplace/e-commerce platform that allows:

(a) from one side, the Seller and Supplier to offer, market and sell their products, goods and items on the Site, with respect to the obligations, laws and regulations to which such products, goods and items might be subject to, if any,

(b) from another side, the Buyer to buy products, items and goods marketed and posted on the Site either by Loyabi itself, or by any Seller or Supplier.

We reserve the right to introduce new Services and update or withdraw any of the Services, in our sole discretion, and we will not be liable to you for exercising this discretion.

II- ELIGIBILITY AND REGISTRATION REQUIREMENTS

1. You are eligible to register as a Buyer or Seller and benefit from the Services if you meet the following eligibility criteria:

For Buyers:

(A) you are above the legal age for purchasing products in your country of residence; and

(B) you are able to provide personal information and an address whether in Lebanon or abroad for the delivery of the products, items and goods you might purchase from the Site.

For Sellers:

(A) you are an individual or legal entity able, according to the laws to which you are subject to, to sell and offer the products, items or goods that you may post on this Site; Your registration number before the register of commerce and the ministry of finances, if any, shall be provided, along with their respective legal documents.

In case you do not have any registration number either before the register of commerce or at the ministry of finances, you will be considered, fiscally, as non-resident. Consequently, we have the obligation to deduct, from your dues, the non-resident tax as it is applicable from time to time, and to declare such transaction to the ministry of finances, without getting your approval.

(B) you have to provide any proof or document related to your authority and capacity to represent the entity (Whether a certificate, a circular, a power of attorney) giving you the powers and authorities to be registering and using the Site;

(D) you acknowledge and agree that for certain product categories, additional requirements, such as, without limitation, proof of licenses, authorizations, etc… might be applicable.

2. In order to register to the Site, you will need to provide us with certain information. Your registration to the Site may not be accepted if you do not provide us with the required information. We reserve the right to decline any registration without further explanation.

3. Once you have successfully completed registration, your registration shall continue for an indefinite period, subject to suspension or termination in accordance with Section VII of these Terms of Use.

III- YOUR OBLIGATIONS

1. When using or accessing the Services, whether as a Buyer or a Seller, you agree that you:

(A) are responsible for maintaining the confidentiality of, and restricting access to and use of your account and password, and accept responsibility for all activities that occur under your account and password;

(B) agree to immediately notify us of any unauthorized use of your password or account or any other breach of security;

(C) will provide true, accurate, current and complete information about yourself and your use of the Services as required by us;

(D) will not disclose to any third party (except as required or requested by us) a user’s information provided to you; and

(E) will cooperate with our requests for additional information with respect to your eligibility and usage of our Services.

2. When using or accessing the Services, you agree that you will not:

(A) post, list or upload in any manner any information which is blasphemous, defamatory, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.

(B) post, list or upload content or items in inappropriate or prohibited categories or areas on our Site, including:

(B/1) content or items that may be considered culturally or religiously offensive in any way;

(B/2) content or items which may not be considered to be in compliance with general local law, rules, morals, values, ethics and traditions;

(B/3) content or items that may threaten national security;

(B/4) content or items which may constitute or be considered to promote gambling;

(B/5) securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;

(B/6) living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural;

(B/7) weapons of any description;

(B/8) drugs, psychotropic substances, narcotics, intoxicants of any description and medicines;

(B/9) items that to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Site user’s interest or health;

(B/10) non-transferable vouchers; and

(B/11) chemicals.

(B/12) post items you do not have a right to distribute, sell, or otherwise dispose

(B/13) post counterfeit or stolen items;

(B/14) breach or circumvent any laws, third party rights or our systems, policies or determinations of your account status;

(B/15) use our Services if you no longer fulfil the eligibility criteria or are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our Services;

(B/16) fail to pay for items purchased by you, knowing that refund and return policies may be applicable on some items.

(B/17) fail to deliver items sold by you (if applicable), unless you have a valid reason as set out in any of our policies;

(B/18) use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website;

(B/19) manipulate the price of any item;

(B/20) interfere with any other user’s listings;

(B/21) take any action that may undermine the Site’s feedback and ratings systems;

(B/22) transfer your account to another party without our prior written consent;

(B/23) distribute or post spam, unsolicited or bulk electronic communications or similar;

(B/24) distribute viruses or any other technologies that may harm our Services or the interests or property of other users;

(B/25) infringe:

(a) the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights" ) that belong to or are licensed to us; or

(b) any Intellectual Property Rights that belong to third parties;

(B/26) harvest or otherwise collect information about users without their consent; or

(B/27) circumvent any technical measures we use to provide the Services.

IV- INTELLECTUAL PROPERTY RIGHTS

1. Except for the rights expressly granted under these Terms of Use:

(A) all content included on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads and software is our property or the property of our licensors. We (or our licensors, as the case may be) retain all right, title and interest in and to the Site and the Services, including, without limitation, all Intellectual Property Rights therein; and

(B) all rights, title and interest in and to any information, materials or other content that you provide in connection with your use of the Services, including all Intellectual Property Rights therein, can be used by us.

2. You agree that you have no right to use any of our trademarks without our prior written consent.

3. All rights not expressly granted to you in these Terms of Use are reserved and retained by us or our licensors.

V- WARRANTIES, REPRESENTATIONS & UNDERTAKINGS

1. You warrant, represent and undertake that:

(A) you shall fully comply and will at all times continue to fully comply to all applicable laws, statutes and regulations, including, without limitation, all privacy laws and content regulation;

(B) you have full power and authority to enter into these Terms of Use and the execution and performance of your obligations under these Terms of Use does not conflict with:

(D) any other agreements to which you are a party to or to which you are otherwise bound by;

(E) if you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such entity and bind the latter to these Terms of Use. Such account is deemed to be owned and controlled by the business entity;

(F) you own or have the authority to sell the Products you post on the Platform, or to buy the posted Products.

(G) any content you submit as part of your use of the Services and any products that you list do not violate the rights of any third party anywhere in the world including, without limitation, any Intellectual Property Rights (whether registered or not).

2. The Services are provided to you on an “as is” basis without representations, warranties or conditions of any kind. We disclaim all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that the Services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all.

3. Furthermore, whilst we attempt to be as accurate as possible, we do not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. Additionally, as a buyer, you agree that we are not responsible for examining or warranting the listings or content provided by Sellers through the Services, and that you will not attempt to hold us liable for any inaccuracies or defects in any of the listings. As a seller, it is your responsibility to review the content of your listings for accuracy and you will not attempt to hold our catalogue/content providers or us responsible for inaccuracies.

VI- LIABILITY & INDEMNITIES

1. Nothing in these Terms of Use shall limit or exclude a party’s liability:

(A) for fraud, including fraudulent misrepresentation, perpetrated by that party;

(B) for death or personal injury caused by the negligence of that party; or

2. In no event will we, our parent company, subsidiaries and affiliates, and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in relation to these Terms of Use for loss of profits, loss of data or information, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.

3. In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:

(A) the content or other information you provide when using the Services;

(B) your use of or your inability to use our Services;

(D) delays or disruptions in our Services;

(E) viruses or other malicious software obtained by accessing or linking to our Services;

(F) bugs, errors or inaccuracies of any kind in our Services;

(G) damage to your hardware device from the use of products sold on the Site or our Services;

(H) the content, actions or inactions of third parties using our Services;

(I) a suspension or other action taken by us with respect to your use of the Services;

(J) the duration or manner in which your listings appear in search results; or

(K) your need to modify practices, content or behavior or your loss of or inability to do business as a result of changes to these Terms of Use.

4. If the above clauses contained in paragraph 5 herein are held to be unenforceable or inapplicable for any reason, then the total liability applicable to us, our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employee, suppliers, subcontractors or licensors, to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms of Use shall be limited to the lower of the price of the item(s) sold for on our Site and its/their original shipping costs;

5. You agree to indemnify and hold us, our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employee, suppliers, subcontractors or licensors harmless from and against any losses, damages and expenses (including legal fees and attorney’s fees) (“Claims”) arising out of or relating to:

(A) any claims or demands made by any third party due to or arising out of your use of the Services;

(B) your violation of any of the provisions of these Terms of Use, including, without limitation, any of the warranties, representations and undertakings;

(D) the manner in which you use our Services, including, without limitation, the content you post, the items you list or your trademarks infringe the Intellectual Property Rights of any third party or that the content of your listings is slanderous, defamatory, obscene or violates any other rights (including privacy rights) of any third party (including other Site users).

6- You agree that you will bear the burdens of the extra cost of delivery for any order placed from any buyer that includes products from your store and other stores registered on Loyabi in proportion to your bill amount not exceeding the amount charged from Logistic company per one order if placed only from your store.

7- You agree that you will bear the burdens of the delivery cost in case Loyabi team works to encourage the customer to place an order from your store in a way to increase your sales.

8- You agree that you will bear the burdens of all delivery cost including the returned delivery cost in case the product sent to the customer didn’t match what is added/mentioned in your store on Loyabi platform or what was agreed between you and the customer in case of customization. (Chats or/and emails between seller and customer must be saved to be submitted in case of claims).

9-You as a Seller agreed that you will bear the burdens of the delivery cost mentioned in the order in case the customer place an order from your store/products and didn’t reply on the logistic company(s) that is responsible to deliver the item(s) to him, which leads to cancel the order and return it to you.

You also agreed that you will pay the delivery charges to Loyabi within 24 hours from receiving the item(s) of the canceled order(s) or you will be losing your account with us.

10-You as a Seller agreed that you will bear the burdens of the delivery cost mentioned in the order or any additional delivery cost in case you didn’t print the airway bill that we issue and send to you to stick on the package.

VII- SUSPENSION, TERMINATION & CANCELLATION

1. We may, at our sole discretion and without prejudice to any of our rights and remedies and without any liability limit, suspend or permanently withdraw your access of our Services, cancel any product(s) order and/or remove hosted content submitted by you for any reason including, without limitation, the following:

(A) if we believe that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use;

(B) If you use our Platform or Services for any unlawful and fraudulent purposes or in connection with a criminal offence or abuse our policy and rules;

(D) Any abuse or fraud used to place the order; or

(E)Any order placed using a technological glitch/loophole.

2. We reserve our right to take appropriate action if you are suspected of acting fraudulently or if you file invalid and/or false claims or provides false, incomplete, or misleading information. You may be considered to be engaging in fraudulent activities if any of the following (without limitation) are met:

(A) you don’t reply to the payment verification mail sent by us;

(B) you fail to produce adequate documents during the payment details verification;

(D) you use invalid address, email and phone number;

(E) you attempt to overuse a voucher code;

(F) You return wrong or damaged product;

(G) you refuse to pay for an order;

(H) for Cash on Delivery (COD) items, you use fake currency banknotes to make the payment;

(I) you abuse or harass the delivery staff;

(J) miscellaneous activities conducted with the sole intention to cause loss to business/revenue to loyabi;

(K) your return, undeliverable rate is very high and often the returned products are missing, fake or damaged; or

(L) Repeated request for monetary compensation.

3. If your access to our Services or our Platform is terminated for any reason, we may delete any content or other materials related to your use of the Service (including any credits earned through loyalty programs or reward points) and we will have no liability towards you or any third party for doing so. However, your transactions details may be preserved by us for purposes of tax or regulatory compliance.

4. For the avoidance of doubt, any amounts paid and received by us in relation to a cancelled product(s) order will be refunded.

VIII- REPORTING VIOLATIONS OF THESE REQUEST TERMS OF USE

We are committed to ensuring that listed items and content on our Site comply with these Terms of Use. If you believe that a listed item or content breaches these Terms of Use, please notify us on the details shown above and we will investigate.

IX- LOYABI AFFILIATES & ADDITIONAL FUNCTIONS

1. Loyabi E marketplace/E Commerce Owned by Loyabi SARL and/or its affiliates ("Loyabi’s Affiliates") provide website features and other products and services when you use or sign-up as a buyer and/or seller on the Site. “Affiliate” means, with respect to a particular person, any entity that directly or indirectly controls, is controlled by, or is under common control with such person.

2. To enhance your experience across the Site and with Loyabi’s Affiliates, you hereby agree that we may set-up additional services, functions and/or accounts on your behalf, by using the information you provide to us on the Site.

TERMS OF PURCHASE

I- INTRODUCTION

These Terms of Purchase set out the terms and conditions that govern the products supplied to you as a buyer on www.loyabi.com or on our mobile application (together defined as the “Site”). The owner and operator of the Site is Loyabi E Marketplace/E Commerce Owned by Loyabi SARL (“we”, “our” or “us”).

Please read these terms carefully before you submit your order via the Site. By placing an order on the Site, you are agreeing to be bound by these Terms of Purchase with immediate effect.

II- ORDER ACCEPTANCE

1. Supplier. Each product in your order is sold either by us or by the local or international seller that is specified on the Site.

2. Order Acceptance. Our acceptance of your order will take place when we notify you of our acceptance in writing (e.g. by email or mobile messaging). If we are unable to accept your order, we will inform you of this in writing or through a call and will not charge you for the product.

3. Payment. By placing an order, you authorize us or our third-party payment processer to process your credit/debit card details for the amount of your order. We accept payment by credit/debit card; via your wallet; or cash on delivery (an amount not exceeding LBP 5,000,000)

In order to authorize credit/debit card payments, we may be required to create an account for you with our third-party payment processors, including accepting their standard terms and conditions and submitting your details to them on your behalf. You hereby authorize us to do so and we shall not be liable to you for any damage or loss you may incur as a result.

We may remove or add cards or other payment methods that we accept at any time without prior notice to you.

4. Cancelling Order. You may cancel your order immediately prior to shipping for any reason. The paid amounts will be subject to clause 4 of the Section IV hereunder.

5. Our Cancellation. We may cancel your order(s) if:

(A) you do not make any payment to us when it is due;

(B) you do not provide us with information that is necessary for us to deliver the products; or

(D) order(s) not being capable of fulfilled due to product(s) not being available.

III- DELIVERY OF YOUR ORDER

1. Delivery Costs. The costs of delivery will be as displayed to you on our Site.

2. Delivery Date. This information will be displayed to you on our Site.

3. Delivery Delays: If our supply of the product is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay;

If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will notify you of how to rearrange delivery or collect the product;

if you do not collect the product from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we preserve the right to cancel your order.

4. ID Requirement Upon Delivery. We may, at our sole discretion, make any inquiry we deem necessary to verify your identity and/or ownership of your financial instruments by requesting that you provide us with further information or documentation, including, but not limited to requesting a form of identification and/or credit card. If we are unable to verify or authenticate any information you provide, we have the right to refuse delivery and cancel the order.

5. Delivery from Overseas. you are required to ensure that your ordered products can be lawfully imported, comply with all laws and regulations and to pay all fees and customs duties relevant to your purchase.

6. Title to Products. A product will be considered owned by you and your responsibility from the time we deliver the product to the delivery address, and you have paid for the product.

7. Invoice. We will issue an electronic invoice for your purchase and send such invoice to the email address you provided to us.

IV- RETURNS

1. The table below sets out our conditions for returns:

Return	Return (Possibility)	Return Condition
You have received a wrong product; You have received a product that is not as described on the Site; or You have received a damaged product.	Yes For refurbished products, you must return the product within seven (7) days of receipt of shipment.	Product is unused, in original unbroken packaging and includes all tags. For electronics, open products will be accepted if different from description or picture displayed.
		Returns are subject to category specific terms and conditions to be found in our Returns Policy.

Return

Return (Possibility)

Return Condition

You have received a wrong product;

You have received a product that is not as described on the Site; or

You have received a damaged product.

Yes

For refurbished products, you must return the product within seven (7) days of receipt of shipment.

Product is unused, in original unbroken packaging and includes all tags.

For electronics, open products will be accepted if different from description or picture displayed.

Returns are subject to category specific terms and conditions to be found in our Returns Policy.

2. Non-returnable Products. You do not have a right to return, replace or exchange products in respect of:

(A) products that are classified as hazardous materials or use flammable liquids or gases;

(B) products that have been used or damaged by you or are not in the same condition as you received them;

(D) products with tampered or missing serial numbers; or

(E) products that fall under specific categories, including food, beverages, household goods, digital books, swimwear, hosiery, underwear, socks, health, contact lenses, hygiene related and personal care products and certain baby products (e.g. tethers, diapers, hygiene tissues, feeding related products) music, video and video games.

3. Contacting Us (arrange a Return). You may contact us through email, social media or live chat on the Site, or by calling our call center on +96170179079.

4. Your Refund:

(A) For delivered products, we will refund to you the product amount (excluding the amount paid for the original shipping fees) in full plus the cost of return:

- if the products are faulty or not as described on our Site; or

- if you reason for return is due to an error on our side, such as an error in pricing or description, a delay in delivery etc.

(B) In all other circumstances, we will refund the product amount (excluding the amount paid for the original shipping fees) and you may pay the costs of return shipping.

5. Refund Procedure. We will issue a refund to you depending on the method you used for payment, as follows:

- if you paid by cash on delivery, we will issue a refund to your wallet; or

- if you paid by credit/debit card, you can choose to have a refund by credit/debit card or to your e-wallet.

6. Refund Timescale. Your refund will be initiated once your product is received back in our customer fulfilment center and inspected by our team, and the final refund will be received by you as follows:

- if the refund is to your credit/debit card, within thirty (30) days from the day on which we receive the product back in our customer fulfilment center;

- if your refund is to your e-wallet, you will receive the refund immediately after your product is received back in our customer fulfilment center and inspected by our team; or

- if you have cancelled your order before shipping, an automated refund will be provided back to you.

V- DEFECT OR DAMAGE TO YOUR PRODUCT

1. Warranty. Loyabi warranty policy helps you stay covered in case of defects in material, design and workmanship after purchase of the product. On selected products a twelve (12) months warranty will be provided for the eligible items purchased for all the buyers within Lebanon. Other items are subject to the respective seller’s warranty. Warranty of the item begins from the product delivery date. Warranty obligations are limited to repair of defective product or replacement of the defective part, or replacement or refund according to paid/sold price of the product itself (such decision at the product seller’s discretion). Not all products are covered by the warranty, always check the product listing to know if it includes warranty benefits.

2. Authorized Service Centers. On selected products, warranty repairs will be carried out by authorized service centers. In instances where products are bought through a seller that is not us, the terms of the respective seller’s warranty will apply. Please refer to our Warranty Policy for more details.

3. Warranty Period. Repair or replacement under the terms of this warranty does not provide the right to extension or renewal of the warranty period. Warranty terms are in accordance with your device manufacturer. For more details about specific terms of the warranty for your device, please visit the support page of your product.

4. Warranty Not Applicable. The warranty does not apply in the following circumstances:

- if a repair has been attempted by any service center not authorized by the product seller; physical damage i.e. product presenting clear signs of damage like broken screens, heavy dents, bent products, that can prevent a product from functioning properly; liquid damage i.e. any situation involving the submersion or splashing of an electronic device in any liquid/or when water indicator (if any inside the device) changes color; original software alteration or modification (e.g. “root” for Android devices or “jailbreak” for Apple devices);

- if there has been use of non-original accessories with your purchased product;

- if the serial number is removed from the product;

- for maintenance and periodic checks of purchased products;

- for replacement of consumables (e.g. batteries, light bulbs, fuses, headphones or printer ink);

- where there has been abuse or misuse of the product e.g. by not using it for its intended purpose or not in accordance with manufacturer’s instructions on usage and maintenance;

- where there has been damage of a product’s battery caused by overcharging, failure to use in accordance with the specific instructions of core outlined in product user manual or where charged by chargers other than those approved by manufacturer; and

- if any of the seals on the battery enclosure or cells are broken or show evidence of tampering.

5. Warranty Claim. You may contact us through email or live chat on the Site, or by calling our call center on +96170179079.

VI- GENERAL

1. Governing Law. These Terms of Use and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of Lebanon.

2. Dispute Resolution. If you have an issue with our Services, please contact us. We will endeavor to resolve your issue as soon as possible. Any disputes or Claims arising out of or in connection with these Terms of Use, including any non-contractual rights or obligations arising out of or in connection with these Terms of Use shall be referred to and finally resolved by the Competent Courts in Beirut.

3. Relationship of the Parties. Nothing contained in these Terms of Use will be deemed or construed by the parties or any third party to create the relationship of partnership, joint venture or agency between the parties, it being understood that the parties will at all times remain independent parties contracting for Services.

4. Further Assurances. The parties will do and execute or arrange for the doing and executing of each necessary act, document and thing reasonably within its power to implement and give effect to these Terms of Use to its full extent, including, without limitation, assisting each other in complying with applicable law.

5. Assignment. These Terms of Use will be binding upon and ensure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Use or any of your rights or obligations under these Terms of Use, whether directly or indirectly, without first obtaining our prior written consent, such consent not to be unreasonably withheld.

6. Entire Agreement. These Terms of Use and the documents referred to or incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Use and the documents referred to or incorporated into these Terms of Use by reference, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied.

7. Amendment. These Terms of Use cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these Terms of Use at any time and from time to time. We will post the current version of these Terms of Use on the Site and each such change will be effective upon posting on the Site or upon the date designated by us as the “effective date” (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and its acceptance of these Terms of Use as so modified.

8. Severability. If any provision of these Terms of Use is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms of Use and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.

9. Force Majeure. Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or Services to us, labor disruptions, blackouts, embargoes).

10. No Waiver. Any waiver by us of any of the provisions of these Terms of Use will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.

11. Communications. You may contact us through email, social media or live chat on the Site, or by calling our call center on +96170179079.

12. Survival. All provisions that either expressly or by their nature survive, will survive suspension or termination of your membership of the Site.

TERMS OF SALE

I- INTRODUCTION

These Terms of Sale set out the terms and conditions that govern the relationship between us and you as a Seller or Supplier in all matters related to the posts you will make in the Site to offer, market and sell your products.

Please read these terms carefully before you post any products for sale on the Site. By posting your product on the Site, you are agreeing to be bound by these Terms of Sale with immediate effect.

II- PRODUCTS’ PLACEMENT

As a Supplier, you agree to be bound, in addition to the Terms of Use, to the following these Terms of Sale:

1. that you are authorized to sell and market the product you post on the Site.

2. that you are fully responsible, towards us and the Buyers, of all the details and products’ description you list on the Site.

3. that you may, at any time, cancel or delete the products you list on the Site, while respecting all the orders already put.

4. that you should always give the Buyers the option to restitute or refund the products they buy, within the following conditions, and subject to our Returns Policy:

(a) if the product sold to the Buyer is wrong or does not meet the description and requirements as listed on the Site,

(b) if the product received by the Buyer is damaged,

However, the above-mentioned products may not to be, at your discretion, subject to refund:

(A) products that are classified as hazardous materials or use flammable liquids or gases;

(B) products that have been used or damaged by the Buyer or are not in the same condition as delivered to them;

(D) products with tampered or missing serial numbers; or

III- PRICES’ SETTLEMENT

Once we receive from a Buyer the prices of the sold product(s) you, as a Supplier post on the Site, we agree to settle to you the prices of the delivered and non-refundable product(s) within a period not exceeding 15 business days after the expiration of the Refund delays, if any, or after the delivery date, if the sold product(s) are not subject to the Refund Policy.

You, as a Supplier also agreed that we will be deducting from the price of the item sold 15% as Transaction and Referral fee starting 1-11-2023.

You, as a Supplier agreed on Marketing and Advertising Policy of Loyabi’s website and mobile App and the charges mentioned in the Marketing and Advertising Policy that will be deducted also from the prices of items sold before price settlement; unless you inform us previously in your no interest in Ads participation.

IV- Delivery

You as a Supplier agree that you will bear the Logistic charge in case the order is canceled by customer after Logistic company pickup the order from you or in case the logistic company couldn’t reach the customer due to wrong address or wrong phone number or customer didn’t answer their call or any other justified reason which leads to cancel the order and return it to the seller.

Unless the customer pays his order in advance and not cash on delivery (COD).

IV- GENERAL

1. Governing Law. These Terms of Sale and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of Lebanon.

2. Dispute Resolution. If you have an issue with our Services, please contact us. We will endeavor to resolve your issue as soon as possible. Any disputes or Claims arising out of or in connection with these Terms of Sale, including any non-contractual rights or obligations arising out of or in connection with these Terms of Use shall be referred to and finally resolved by the Competent Courts in Beirut.

5. Assignment. These Terms of Sale will be binding upon and ensure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Sale or any of your rights or obligations under these Terms of Sale, whether directly or indirectly, without first obtaining our prior written consent, such consent not to be unreasonably withheld.

6. Entire Agreement. These Terms of Sale and the documents referred to or incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Sale and the documents referred to or incorporated into these Terms of Sale by reference, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied.

7. Amendment. These Terms of Sale cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these Terms of Sale at any time and from time to time. We will post the current version of these Terms of Sale on the Site and each such change will be effective upon posting on the Site or upon the date designated by us as the “effective date” (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and its acceptance of these Terms of Sale as so modified.

8. Severability. If any provision of these Terms of Sale is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms of Sale and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.

10. No Waiver. Any waiver by us of any of the provisions of these Terms of Sale will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.

11. Communications. You may contact us through email, social media or live chat on the Site, or by calling our call center on +96170179079.

DIGITAL WALLET OPTION

Loyabi offers to their users the Digital Wallet Option which is an e-payment method that can be used instead of the credit/debit/visa and master cards:

(a) for the buyers, to pay any order that was placed through Loyabi Platform. It can also be used to save and keep the refunded money when the buyer cancels an order, within the terms and conditions set forth by Loyabi.

(b) for the suppliers, to save and deposit the prices of their goods instead of getting them in cash.

Once the buyer and/or supplier signs up to Loyabi Platform, they can automatically benefit from the Digital Wallet Option.

To be able to use the Digital Wallet Option, the buyer shall fund it either by way of transfer through credit/ debit/ visa/ master card, or by way of deposit in Loyabi bank accounts the details of which are to be provided by the latter, or through any of the money transfer companies that deals with Loyabi. The list of the money transfer companies is available through this Link.

All of the amounts that are and will be available in the Digital Wallet are considered to be the full and sole ownership of the end-user that is solely authorized to dispose of them in any way whatsoever. Loyabi is responsible to keep and save such amounts under its custody until the end-user decides either to withdraw them, partially or totally, or to use them in buying goods through the Platform.

Loyabi is entitled, after notifying the end-user, to use the whole or part of the amounts saved in the Digital Wallet, in case the e-account of the end-user is in deficit or has obligations towards Loyabi itself or towards any other seller registered on the platform.

Once activated, the end-user, whether the buyer or the supplier, shall solely bear all the fees of any deposit or withdrawal that will be made into or from the Digital Wallet.

If any end-user has two or more Digital Wallets, Loyabi is entitled, in case such end-user is indebted to use the amounts that are available under any Digital Wallet the end-user has, to settle all of their obligations. Such right granted to Loyabi cannot be exercised unless the end-user refrains from settling their dues and obligations within 48 hours following their receiving of a notification from Loyabi. Such notification can be sent either through registered mails, or text messages via phone, or in any other means whatsoever.

Marketing and Advertising Policy

We believe ads should help sellers grow their businesses and contribute to the overall member experience. Loyabi offers sellers multiple advertising channels to promote their listings and/or shops. This Advertising & Marketing Policy explains your rights and responsibilities when using Loyabi's advertising services.

This policy is a part of our Terms of Use. By using any of Loyabi's advertising services, you're agreeing to this policy and our Terms of Use. This Advertising & Marketing Policy may change over time, per the terms of Loyabi 's Terms of Use. By continuing to use Loyabi 's services you agree to those changes.

1- Loyabi Ads
2- Offsite Ads
3- Shop Specific Promotions
4- Disclamers

1. Loyabi Ads

Sellers can purchase paid advertising on Loyabi through contacting our team on info@loyabi.com or reach out the customer service department. Loyabi Ads display a seller's listings or shops prominently on Loyabi 's websites and mobile apps. Loyabi Ads are displayed in one or more locations, such as users' search results, based on at least four main ranking factors: search relevance, listing quality (including compliance with Loyabi 's policies), the bids (or amount budgeted for bids) to display the listing, and for some listings, likelihood of views or sales. You may choose to promote some or all of your listings or shops as Loyabi Ads.

A. Purchasing Loyabi Ads

Loyabi Ads are based on an auction for ad space on Loyabi’s properties. Loyabi enters "bids" for this ad space on your behalf based on a daily budget you set. Specifically, Loyabi Ads use a sealed bid generalized second-price auction system to determine the cost and placement of ads. In other words, ad inventory is "auctioned off" at varying prices, depending on the competition. For example, if more Loyabi Ads qualify for a particular search query, the auction price may also increase. Therefore, the actual costs you incur will vary depending on the number of participants in the auction and their bid amounts. A bid is the maximum amount of money you will be charged if a buyer clicks on your Loyabi Ad. Loyabi’s calculation of bids is based on information you provide, such as your daily budget or the listings you wish to include for Loyabi Ads. It may also be based on other information collected by Loyabi, such as, for example, search relevance, listing variety, listing quality (including seller compliance with Loyabi 's policies), or likelihood of views or sale.

Loyabi Ads fees are charged on a cost-per-click (or "CPC") basis via a bidding system such as described above, and you are responsible for paying for any clicks your ad receives. This means that you will be charged only when your ad is clicked, not simply when it is displayed. By providing a budget for Loyabi to enter bids on your behalf (or providing bid amounts yourself if available), you agree to pay any amount up to and including the bid amount for a click on your ad. Your daily maximum budget can be set at or above a predetermined minimum determined by Loyabi and you will not be charged more than your maximum budget daily. All bids are made in United States dollars (USD). You may pause an ad campaign at any time, but you will still be responsible for any charges incurred prior to pausing your campaign. Loyabi is not able to grant refunds for any charges related to clicked ads.

Your ad costs will be visible in your digital wallet, typically within 24 hours of when the fee has been incurred, along with other pending fees, such as listing fees. These costs and fees may be charged on a recurring basis.

B. Setting a Loyabi Ads Budget

You can set a budget to limit the amount you're willing to pay for Loyabi Ads to promote your listings or shops on Loyabi. Your daily/monthly budget can be set at or above a predetermined minimum set by Loyabi and you will not be charged more than your maximum budget daily/monthly. Loyabi Ads does not generally permit you to set a cost per click bid amount. In some circumstances, Loyabi may decide to allow the setting of a maximum cost per click bid, subject to minimum bid requirements set by Loyabi, budget limitations, and the other requirements described above.

For each Loyabi Ad, Loyabi 's bid management system will automatically determine your bid selection ("auto-bidding"). Auto-bidding is designed to determine the bid price that will deliver positive return on ad spend for a particular listing within a given budget over a day, where those auto-bids are subject to the auction process described above. You understand and acknowledge that Loyabi’s auto-bidding system means that Loyabi may change your bids at any time, subject to your set budget. If a product permits, you may have the ability to set a maximum cost per click that the auto-bidding system will not surpass.

By default, all your listings will be promoted, including any new listings you create; however, if you are using the Sell on Loyabi App to add new listings, you may be asked whether or not you want that new listing included in Loyabi Ads. You may also exclude one or more listings manually from Loyabi Ads via contacting our team on info@loyabi.com. If you make any edits to your Loyabi listings during your campaign, your ads will be updated automatically to reflect those changes, although those updates may not be instantaneous.

2. Offsite Ads

Loyabi purchases offsite advertising from a network of participating providers, such as social networks and search engines. Loyabi 's network of participating shopping engines may change at any time. Loyabi currently syndicates listings to a variety of channels. Under the Offsite Ads program, Loyabi pays all the upfront costs of advertising on these providers. If such advertising includes your listing, a buyer clicks on it, and then orders from your shop within 30 days of that click, you will be charged an advertising fee on these orders. The fee you will pay is 15% on attributed orders.

A. Participation in Offsite Ads

All Sellers are automatically enrolled in Offsite Ads. Sellers can opt-out of the program; to do so they must reach Loyabi out and inform us in an email to info@loyabi.com, otherwise they will be approving to enrolled in Offsite Ads.

If you opt out of Offsite Ads, it may take up to three business days for your listing to no longer be displayed as part of this program. Loyabi may continue to use your listings, including for analytics and marketing purposes, to improve Offsite Ads even if you opt out of allowing Loyabi to display your listings in this program. Even if you opt out, if a buyer clicked on your offsite ad before your opt out is effective, you will still be charged the advertising fee for any orders placed within 30 days of that buyer’s click.

All your listings or shops may be promoted, including any new listings you create. If you make any edits to your Loyabi listings or shop, your ads will be updated automatically to reflect those changes, although those updates may not be instantaneous.

In addition, certain third-party platforms on which Offsite Ads are promoted may enable offsite checkout functionality for Loyabi listings that are displayed as Offsite Ads (“Partner Checkout”). Specifically, Partner Checkout allows buyers to purchase and complete the checkout process for such Loyabi listings via Loyabi Payments entirely on and through the third-party platform, without a redirect to loyabi.com. In the event of any purchase of your listings through Partner Checkout, the buyer will be made aware that they are purchasing through your shop via Loyabi Payments and will receive links directly to your shop and shop policies. You will continue to be responsible for your listings, including shipping, customer support and dispute resolution, regardless of whether a sale is made through the partner check out flow or directly on Loyabi.com, in accordance with Loyabi’s policies.

In addition, the Indemnification terms that are included in the Terms of Service will be deemed to include any third-party platforms that enable Partner Checkout as intended third-party beneficiaries of such indemnification rights, on the same terms and to the same extent as Loyabi and including with respect to Partner Checkout and any listings promoted or sold through Partner Checkout. If you participate in Offsite Ads, some of your listings may additionally be available for Partner Checkout, and as a result, you will be subject to the related terms and policies described above. You may opt out of Partner Checkout only by opting out of Offsite Ads.

Advertising on third party platforms, including related Partner Checkout, is subject to the terms and policies set forth by each participating platform, which may be different from Loyabi's. You are responsible for complying with the terms and policies of the participating third-party sites, which are linked here and above. By failing to do so, your listing may be removed from Offsite Ads. If your shop, listing, ad or account violates Loyabi’s policies, Partner policies, or Loyabi determines, in its sole discretion, is not appropriate for Offsite Ads, you, your shop, or one or more of your listings may be restricted from appearing in one or more partner’s channels or prohibited from participating in Offsite Ads altogether. As always, you are responsible for following Loyabi's Terms of Service, including requirements about Your Content, your Use of Our Services, and our rights to Termination.

If you opt out of, or are otherwise removed from, Offsite Ads, you will still be charged the advertising fee for any orders placed within 30 days of a buyer’s click on your offsite ad, even if that ad is later no longer displayed as part of Offsite Ads.

3. Shop-Specific Promotions

A. Sales and Coupons

Sellers on Loyabi may choose to offer promotions specifically for their own shops and/or listings. Loyabi currently offers two promotional tools: Sales and Coupons.

A Sale is a promotion that offers free shipping or discounts on your listing price(s) by a percentage. You can run a sale on a single listing or on multiple listings. Sales are public and will be displayed to all buyers, or, if certain seller-selected features are available, to a selected category of buyers. On occasion, Loyabi may aggregate Sales and promote them through our websites, apps, and emails. When you run a Sale, you are obliged to follow not just these Loyabi Terms but all laws (including consumer protection rules) that apply to sales and promotions in your jurisdiction.

A Coupon is a code that may be redeemed for a discount on an item or free shipping. Coupons are not displayed publicly; as a seller, you may create, promote and distribute Coupons at your discretion. Please note, however, that a Coupon code can be used by any buyer who redeems the code and that a buyer can use a Coupon code on multiple listings and on multiple occasions until any expiration date that you set when creating the Coupon.

Sellers are responsible for following Loyabi 's policies and all applicable laws associated with Sales and Coupons. For Sales, it's your responsibility to set the terms and conditions for the promotion in the "Sale details" section. For Coupons, it's your responsibility to communicate any terms or limitations for the promotion to buyers when sharing the Coupon code. Sales and Coupons may not be used for fee avoidance.

B. Targeted Offers

Loyabi 's Targeted Offers is a free marketing tool that allows you to offer a Coupon to specific audiences of buyers who have interacted with your shop by either favoriting one of your listings or adding one of your listings to their cart. As with all Coupons, a coupon sent through the Targeted Offer tool can be used by any buyer that redeems the code. It can also be used on multiple listings and on multiple occasions. Targeted Offers is a free service to you, but please note that you will not be able to limit the number of sends if you opt-in to sending coupons through the Targeted Offer tool. If you wish to discontinue Target Offers, you can manage or turn off your campaigns at any time from your Sales and Coupons dashboard. You also have the option to automatically send a Coupon as a thank you to buyers who have made a purchase from your shop. Loyabi may change or stop this Targeted Offer service at any time upon notice to you.

Please note that Coupons will only be sent to buyers who have opted in to receive Coupons and Promotions via email from Loyabi sellers.

4. Disclaimers

Loyabi reserves the right to change the terms of these advertising programs at any time, including addition of fees, addition or removal of platforms, or end the program (in whole or part) at any time. We will notify you of major changes.

Using advertising and promotional services through Loyabi does not constitute an obligation on Loyabi 's part to display an ad or promote your listings or shops. Loyabi can't guarantee that a displayed ad or promotion will be clicked, and we can't guarantee that if a user clicks that the related listing will be sold.

Loyabi 's advertising services and advertising policies change over time, as do those of Loyabi 's third party channel partners, and neither Loyabi nor its third-party channel partners guarantee any particular program's features, results, or third-party channels. Loyabi reserves the right to change or terminate any campaign, incentive offer, or a program in part or as a whole at any time.

Loyabi may, and you give Loyabi permission to, automate parts or all of an advertising service provided, including combining bids across listings, geographical regions, keywords, ad formats, verticals, and on and off- Loyabi marketing channels and platforms. You give Loyabi permission to do so, with notice from Loyabi, even if those features or options replace the parameters and options you set for the particular advertising service.

In the event Loyabi begins, ends or modifies an advertising service, you give Loyabi permission to transfer your bids, budgets, and campaigns to that new program, to the extent transferable for the defaults and features of the new or modified advertising service. Loyabi will provide notice in the event of any such transfer.

You may be given the opportunity to participate in beta tests of advertising services offered by Loyabi and/or third-party channels. Those beta services are subject to separate terms for a particular program provided to you as part of your participation in that program, as well as this policy and the overall Loyabi Terms.

From time-to-time Loyabi may test or experiment with additional advertising products and the advertising services offered by Loyabi, as well as the look and feel of any type of advertisement, may change as our programs and platforms evolve.

Ads and promotions may not include content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

Please see our Intellectual Property Policy for more information. You are responsible for ensuring that your ads and promotions comply with all applicable laws and regulations.

Loyabi reserves the right to reject or remove any ad or promotion for any reason, in our sole discretion, including marketing that negatively affects our relationships with our members or partners.

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