Terms and Conditions

1. Privacy

Please review our Privacy Policy and Cookies & Tracking Policy, which also govern your use of the Loha Services, to understand our practices. Loha will collect your personal information including your name, contact details, and payment details (including, without limitation, credit card details). All personal information will be handled, used, maintained, and disclosed by Loha in accordance with all applicable privacy laws and data protection laws as well as our Privacy Policy which applies from time to time. Unless separately agreed between you and another buyer or seller, you must not use their personal information for any other purpose. You warrant to Loha that you will comply with all privacy laws and data protection laws (including, without limitation, Law No. 13 of 2016 regarding Personal Data Privacy Protection) in relation to the storage, use, and transfer of personal information.

2. Electronic Communication

When you use Loha Services or send e-mails, text messages, or other communication from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text or communication via our discussion forum. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

3. Copyright and Other Rights

All content included in or made available by Loha, such as text, graphics, logos, button icons, images, video and audio clips, digital downloads and data compilations is the property of Loha and is protected by Qatari and international copyright and authors' rights laws and (where applicable) database right laws.

Other than to the extent necessary to use the Loha Services for their permitted purposes and in accordance with these Terms, you may not copy, extract and/or re-utilize any content of Loha without our express written consent, including, without limitation, any listings, descriptions, prices and account information. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the Loha Services or their content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of the Loha Services or their content without our express written consent.

4. Trademarks

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Loha Services are trademarks of Loha. Loha's trademarks may not be used in connection with any product or service that is not Loha's Services, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Loha. All other trademarks not owned by Loha that appear in the Loha Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Loha. You may not frame or use framing techniques to enclose any trademark or logo (including images and text) of Loha without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Loha's names or trademarks without our express written consent.

5. Your Account

By registering and creating an account with Loha, you represent and warrant that you are over 18 years of age and you can form legally binding agreements under applicable law. If you are registering an account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity. Unless authorized by Loha in writing, you may have only one account.

You are responsible for maintaining the confidentiality of your account and password. Except to the extent caused by our breach of these Terms, you are responsible for all activities that occur under your account regardless of whether the activities are authorized by you or undertaken by you. Loha is not responsible for unauthorized access to or use of your password or account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorized manner. You must ensure that the details you provide to us are correct and complete and inform us of any changes. You can access and update certain information you have provided to us via your account dashboard.

If we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws or these Terms, we reserve the right to take action on your account in accordance with these Terms, including without limitation by (i) refusing service, (ii) suspending or restricting access to your account, (iii) terminating your account, or (iv) removing or editing content you post using your account. The action we elect to take and any notice you may receive will vary depending on the Loha Services, the circumstances, and our assessment of relevant factors.

6. ID Verification

Any reference to a buyer or seller being "verified" indicates only that the buyer or seller has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Loha about any buyer or seller, including their identity, background or whether they are trustworthy, safe or suitable.

To access or use some of the Loha Services, you may be asked to provide proof of identity or other methods of identity verification. You agree to provide Loha or any third party which provides goods or services to Loha with all identification documents (including but not limited to, copies of passports and/or government-issued driver's license) which Loha requests from you from time to time for the purposes of verifying your identity.

7. Loha's Role

Loha helps facilitate transactions that are carried out on the Website. Loha is neither the buyer nor the seller of the seller's assets.

Loha provides an avenue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of the sale for these third-party assets is solely between the buyer and seller. Loha is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. The seller is responsible for the sale of their assets and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.

Your decision to purchase a listed asset shall be based solely on your own investigation and that of your legal, tax and other advisors. You accept sole responsibility for examining and investigating an asset and all information in a listing. This includes, but is not limited to, associated liabilities, financial statements, tax returns and any other facts or information which may impact your decision to purchase that listed asset and the price you are willing to pay. You understand that Loha may display only a summary description of a listed asset.

8. Credits, Refunds, Return and Replace Policy

If Loha issues you a refund, that refund will be paid to you using the same payment method you used to pay Loha. Loha may refund an amount paid by you if you are entitled to a refund in accordance with these Terms and refund policy applied by the supplier or Loha is required by law or considers that it is required by law to do so. Loha's determination as to whether a refund is required is final and conclusive and may not be challenged by you.

You may earn points or credits for your activity on the Website. These credits are not equivalent to any currency. They may, however, be used to pay for Loha Services in accordance with rules specified by Loha from time to time. You cannot use credits to purchase a listed asset. The balance of any credits held by you may be reduced at any time by Loha for any amount owing by you to Loha on any account whatsoever including in relation to compensating Loha for any loss that it determines (in its sole and absolute discretion) it has suffered as a result of any breach of these Terms. The balance of credits held by you will expire 12 months from the date that you last used any credits. Balances of your credits that are not spent within this 12-month period are lost. You acknowledge and agree that Loha is not liable to you for any unauthorized withdrawals or unauthorized spending of your credits, including where such withdrawal or spend arises from any unauthorized use or access of your account.

Loha may return and replace your purchases if you are entitled to a return or replace in accordance with these Terms and Return and Replace Policy applied by the supplier or Loha is required by law or considers that it is required by law to do so. Loha's determination as to whether a return or replace is required is final and conclusive and may not be challenged by you.

9. Payment Processing

Loha is not an escrow service and does not hold property on behalf of any person. Loha is not a payment provider. For the purposes of facilitating a transaction, any and all payment processing services through or in connection with your use of the Loha Services are provided to you by one or more independent third-party service providers, as appropriate. You hereby consent and authorize Loha to share any information and payment instructions you provide with any third-party service provider(s).

10. Loha Due Diligence

Loha provides due diligence services and you can pay to acquire a due diligence report on a listed asset. While Loha strives to make the information in this report as accurate as possible, we make no claims, promises or guarantees about the accuracy, completeness or adequacy of the contents of this report, and expressly disclaim liability for errors and omissions in its contents. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third-party rights, title, merchantability or fitness for a particular purpose is given with respect to the contents in this report.

Furthermore, any information provided herein with regard to the listed asset is informational in nature. We are not a legal advisory or business advisory service and do not purport to tell or suggest which business decisions to make. You understand and acknowledge that there is a risk involved in the purchase of a website or online business. We assume no responsibility or liability for your investment or business results. Factual statements within this report are made as of the data stated and are subject to change without notice.

All information is provided solely for educational purposes and you are encouraged to seek independent advice from a competent professional person if legal, financial, tax, or other expert assistance is required.

11. Reviews, Comments and Communication

You may post reviews, comments, and other content; send communications; and submit questions or other material, as long as the content is not:

• of a personal or solicitous nature,
• unrelated to a product,
• an attempt to transact outside the Website,
• illegal, obscene, abusive, threatening, defamatory or an invasion of privacy,
• infringing of intellectual property rights, or
• injurious to third parties or objectionable,
• not related to politics or that contravenes religions.

You must not post or send any content that contains software viruses, or that comprises political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such content or communication. We reserve the right (but not the obligation) to remove or edit any content at any time and for any reason in its sole and absolute discretion.

While comments and reviews are visible to others, interactions and exchanges via the discussion forum are private as between individuals and accessible to Loha.

12. Intellectual Property Rights

You are responsible for your content and you represent and warrant that you own or otherwise control all of the rights to the content and material that you post and that, as at the date that the content or material is posted it: (i) is accurate; (ii) complies with these Terms; and (iii) does not breach any applicable laws.

If you post content or submit material, and unless we indicate otherwise, you grant Loha a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, as applicable, you: (i) consent to any infringement of; and (ii) agree to waive any right you have to be identified as the author of such content and any right you have to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Loha, at our request.

You agree to indemnify Loha for all claims brought by a third party against Loha arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to remove the content or material.

13. Third-Party Links

The Website may contain links to third-party websites or resources that we don't own or control (for example, links to Facebook, Twitter, and Pinterest or Google Analytics). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use and privacy policies. Loha is not a party to those agreements — they are solely between you and the third party.

14. Prohibited Activities

You may not use the Loha Services:

• in any way that causes, or is likely to cause, any Loha Service, or any access to it to be interrupted, damaged or impaired in any way,
• in any way that may interfere with or harm any other user of the Loha Services,
• for fraudulent purposes, or in connection with a criminal or other unlawful activity,
• in any manner that is not permitted under these Terms.

15. Disclaimer and Liability

Unless otherwise specified in writing, Loha disclaims, and does not make, any representation or warranty of any kind in respect of the Loha Services including without limitation any representation or warranty:

• that they are free of viruses or other harmful components;
• that your use of the Loha Services will be uninterrupted or error-free; or
• as to the suitability or availability of the Loha Services.

Loha will not be responsible for:

• losses arising from the unavailability of, or your inability to use the Loha Services;
• losses that are not directly caused by any breach on our part;
• any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure;
• any indirect or consequential losses;
• any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any event which is beyond our reasonable control.

For any other loss relating to the Loha Services, we limit our liability to the amount you have paid to us for the relevant Loha Services.

Nothing in these conditions is intended to:

• override any express commitments Loha gives to you with respect to the Loha Services (for example, the provision of a refund in certain circumstances); or
• exclude, restrict or modify any right or remedy you have in statute including under the Consumer Law at Qatar or otherwise to the extent that the right or remedy cannot be excluded, restricted or modified under law. Any disclaimer, exclusion, or limitation in these conditions applies as provided for in these conditions to the full extent permitted by law and subject to any such non-excludable right or remedy.

16. Indemnity

You agree to indemnify and hold Loha and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with:

• your use of the Website, Loha Services or assets obtained as a result;
• your breach or violation of any of these Terms;
• Loha's use of your content;
• your violation of the rights of any third party, including another seller or buyer.

You agree to hold Loha, its principals, officers, directors, brokers, agents, servants, employees and assigns harmless from any misrepresentations made by you.

17. Applicable Law

The laws of the State of Qatar govern these Terms and any dispute of any sort that might arise between the parties. Any dispute relating in any way to these Terms will only be adjudicated in the courts of the State of Qatar. Each party consents to exclusive jurisdiction and venue in these courts. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement.

18. Dispute Resolution

In the event of a dispute between a buyer and seller or buyer and Loha, Loha recommends that the parties engage in mediation via the discussion forum. Loha may help to facilitate the resolution of a dispute between a buyer and seller and reserves the right to cancel a product. If a buyer and seller or buyer and Loha cannot reach an agreement concerning the dispute, Loha recommends that legal advice is sought to resolve the matter.

19. Force Majeure

You agree that Loha will not be liable or responsible for any failure in, or delay to, the provision of the Loha Services or in Loha complying with these Terms, where such failure or delay has arisen or is anticipated to arise as a direct or indirect result of:

• fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, pandemics, sabotage, industrial accident or an industrial strike;
• denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
• a significant demand is placed on Loha Services which is above the usual level of demand and which results in a failure of Loha's software and hardware to function correctly;
• the failure of any third party (including without limitation, any bank or other financial organization) to fulfill any obligations to Loha; or
• any other circumstances or events that are beyond the reasonable control of Loha (as the case may be).

20. Notices

Loha may give notice by means of a general notice on the Website, electronic mail to the email address on your account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by mail or pre-paid post to any address connected with your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Loha, with such notice deemed given when received by Loha, at any time by mail or pre-paid post to our registered agent for service of process.

21. Assignment

Loha may assign its rights and novate or transfer obligations that arise under these Terms. You must not assign, novate or otherwise transfer your rights or obligations under these Terms without the prior written consent of Loha (which may be withheld).

22. Waiver

A provision of or a right created under these Terms may not be waived except in writing signed by the party or parties to be bound by the waiver. No single or partial exercise by any party of any right, power or remedy will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies in these Terms are cumulative with and not exclusive of any rights, powers or remedies provided independently.

23. Entire Agreement

These Terms supersede all prior representations, arrangements, understandings, and agreements between the parties relating to the subject matter and set forth the entire and exclusive agreement and understanding between the parties.

24. Amendments

We reserve the right to make changes to our website, these Terms, our policies, and our listings at any time by posting the changes on our website. Your continued access to or use of the Website and Loha Services will constitute acceptance of the revised Terms.

25. Severability

If any of these Terms are judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other term to the intent that the invalid or unenforceable term will be treated as severed from the Terms.

26. Contact Us

If you have any questions:

Contact Loha Support team at [email protected]

Send an email to Loha for Painting WLL's Data Protection Officer at [email protected]