Terms & Conditions
This “Terms and Conditions” is mandatory and binding for anyone wishing to access and/or use www.mallofhospitality.com (hereinafter referred to as “Website” or “Portal”) and the services offered therein.
Such persons intending to access and/or use the Website shall be called "You”/“User” or any word refer to the User".
The User must read, understand and accept the Terms and Conditions to access, visit, use and / or register on www.hihoreca.com
Hihoreca may modify and / or revise the Terms and Conditions at any time, without prior notice, making the modified terms public on the Site. All modified terms will become effective immediately upon posting on the site.
In the event that the User is registered on the Website, any user who does not agree with the modifications made by Hihoreca may request the cancellation of the Registry. In case of rejecting the new Terms and Conditions, you must refrain from using the website and / or the services offered there. The use of the Website and / or its services implies acceptance of these Terms and Conditions of use.
Hihoreca provides a virtual space through which it provides Users with access to and use of various services and contents related to the search, purchase and sale of movable products by inserting offers of sale or location provided by Users on the Website.
Hihoreca does not offer its own products nor is it a seller of the products displayed on the site, nor does it participate in the operations carried out among the Users, nor in the process of negotiation and completion of the definitive contract between the Users.
Hihoreca does not assume any obligation regarding the User(s) and is limited only to offer the space to publish on the Site, the data of the Users offering goods that have requested such publication and in the form in which such data have been provided by such Users. Consequently, the contract on the goods is made directly between the User and who is the purchaser of the good by that offered and outside the intervention or participation of Hihoreca.
The Site allows different forms of interaction and access to services, which are described in the following categories:
Limited: This type of interaction will allow the User to access and visit the site without having to register in it. In this case, the User may browse the Site, view published notices, establish contact with the selling users and / or make inquiries about products. In this type of interaction, the relationship between the User and Hihoreca is governed by these Terms and Conditions, Privacy Policies, Publication Policies and other supplementary documents.
Wide: This type of interaction will allow the User to perform all the actions described above for the Limited interaction and, additionally, the User may publish notices offering goods free of charge. To access this service, the User must register on the Site. In this type of interaction, the relationship between the User and Hihoreca.com shall be governed by these Terms and Conditions, Privacy Policies and other supplementary documents.
Online Branch: This type of interaction will allow the User to perform all the actions described above for the Limited and Extensive interaction and additionally, the User will be able to personalize their online sales channel, obtain digital advice, have results reports, access content exclusive digital, among others. In this type of interaction, the relationship between the User and Hihoreca will be governed by these Terms and Conditions, Privacy Policies and other supplementary documents and also by any eventual contract / agreement that binds the parties.
SCOPE OF THE RESPONSIBILITY OF Hihoreca.com
The User accepts that the use of the Website and the services will take place exclusively under its own responsibility. Hihoreca does not guarantee and assumes no responsibility for (i) errors, inaccuracies, content, (ii) personal damage or damage to property, or damage of any nature resulting from Your access (iii) any interruption or cessation of transmission from or to the site (iv) any failure, virus, or similar that may be transmitted from or through the site by a third party, and / or (v) any error, omission or illegality in the content or for any loss or damage of any kind which has been incurred as a result of the use of the content of Website. (vi) the security and privacy in the use of Website and/or its Services.
In no case Hihoreca will be responsible for direct, indirect and / or unforeseen damages. Users are responsible for the proper use of the Site, expressly agreeing to avoid any type of action that may damage systems, equipment or accessible services, directly or indirectly through the Internet.
All the information published and / or offered by the Notices is provided by the User, being the sole responsibility of said information as well as the commercialization thereof. Hihoreca is not responsible for the publication, veracity and accuracy of the information in the notices published on the Website.
Users assume full liability to the Website and third parties for damages that may occur as a result of the actions of their own, their dependents or third parties and those resulting from the non-observance of the laws or regulations of other unlawful acts or misuse is made of the service, Users must indemnify and hold harmless the Website and / or Hihoreca.com before any payment claim that may correspond.
Hihoreca.com will have the right to extend or improve the Service on the Website provided without the need for prior notification, as well as to alter the means or routes used to provide the Service.
The User understands that Hihoreca does not control, and is not responsible for all goods, articles, messages, comments, files, images, photographs, videos, sounds and all other material posted through the Site or obtained from it, and that by using the Site the user may be exposed to objectionable content for various reasons. Hihoreca does not carry out any demonstrations or guarantees regarding:
- The accuracy, reliability or authenticity of the content of the Site.
- Failure to comply with the law, public order, morality and good customs as a result of the transmission, dissemination, storage, availability, reception, obtaining or access to the contents; and in particular the infringement of intellectual and industrial property rights, the rights to honor, privacy and image, property rights and all other rights belonging to a third party as a result of the transmission, dissemination, storage, making available, receiving, obtaining or accessing the contents;
- The performance of acts of unfair competition and illegal advertising.
PURCHASE AND SALE OF GOODS
All the information about the goods offered on the Website is provided by the Users that offer and publish said goods, being therefore their exclusive responsibility.
The Users (Buyers, Sellers and any other User of the Website) are aware that Hihoreca does not get involved in the commercial relationship between the Buyer and Sellers and acts as a mere facilitator.
Hihoreca is not the owner of the items offered and hence does not own or offer them for sale.
In no case shall Hihoreca be liable for lost profits, or for any other personal damage and / or damage, to its property or of any other nature that the User may have suffered, due to the operations carried out or not performed by goods or services published to through the Website.
The goods offered and / or published in the Website are not guaranteed by Hihoreca, assuming those who provide them all the responsibility regarding the quality, the redhibitory or apparent vices, eviction and / or any loss or damage that could be suffered in relation to the formalized contracting of the same among the Hihoreca Users.
Hihoreca will not be responsible for the damages and losses caused, including fortuitous events and force majeure, that may occur to the equipment, facilities or personnel of the Users.
Hihoreca recommends acting with prudence and common sense when carrying out operations with other Users. Hihoreca will not be responsible for the realization of offers and / or operations with other Users based on the trust placed in the system or the Services provided by Hihoreca.
All second hand products are tested by a qualified technician. All goods sold in the portal are ready to be used and in working conditions. In case any specific issue or technical problem may occur , Return and Refund Policy will apply. https://shop.hihoreca.com/service/shipping-returns/
If You do not agree to the Terms, you may refrain from accessing, browsing or using the Website.
Any documents and / or sections incorporated by reference are integral and inseparable from the Terms and Conditions, where policies and / or Terms and Conditions of different services offered on the site are detailed, so that the acceptance of the present Terms and Conditions implies acceptance of said documents and / or sections. They can be viewed by accessing directly corresponding pages on Website.
The existence of the Website and the Services contained therein, in principle, have an indefinite duration. Without prejudice to the foregoing, Hihoreca reserves the right, in its sole discretion, to definitively terminate or suspend the Website and the Services contained therein. Such an action will not generate the right to claim compensation, liquidated damages, penalties, etc. – of any nature whatsoever.
This “Terms and Conditions” does not create any partnership, mandate, franchise, or employment relationship between Hihoreca and the User(s). The Users acknowledge and accept that Hihoreca is not a party to any operation, nor does it have any control over the quality, security or legality of the items advertised, the veracity or accuracy of the advertisements, the ability of Users to sell or purchase items.
Hihoreca cannot guarantee that a User will complete an operation or verify the identity or personal data entered by Users.
Hihoreca does not guarantee veracity of third-party advertising that appears on the Website and will not be responsible for correspondence or contracts entered into by Users with said 3rd parties or other Users.
In the event that one or more Users or any third party initiates any type of claim or legal action against another or other Users, each and every one of the Users involved in such claims or actions exempts and fully indemnifies Hihoreca and its partners, managers, employees from any liability, agents, operators, representatives and attorneys.
To have access to certain services offered on the Site, it is mandatory to perform the following
steps: The User must click on the tab "LOG IN” where You must complete the registration form in all its fields. The fields must be completed with Your personal and / or corporate information in an exact, accurate and true manner.
The User declares under oath that the information provided is true and that it has sufficient powers to perform the operations for which it is registered. Likewise, it undertakes to update the registered information when it is necessary and / or at the request of Hihoreca.
The User guarantees and responds, in all cases, for the veracity, validity and authenticity of the personal and corporate data and information provided, being the sole and exclusive responsible for it. Hihoreca reserves the right to request additional data in the case of Users who make transactions that require additional powers required by law or by the current or future policies of the Site.
Hihoreca reserves the right to request documentation or vouchers at any time to corroborate the accuracy and accuracy of the personal and / or corporate data provided by the User.
Hihoreca reserves the right to reject any application for registration or cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this generating any right to compensation or compensation.
With the registration on the Site the User grants his consent and expressly authorizes Hihoreca to inform any competent authority of the respective information, in case it is requested by the appropriate legal means.
USE OF THE ACCOUNT
The User will access the account by entering their Username and / or email address (email) and password. The password will be chosen by the User and is his exclusive knowledge and is obliged not to disclose it. The account is personal, unique and non-transferable, and it is forbidden for a "User" to have more than one account. Hihoreca reserves the right to cancel, suspend or disable accounts that contain matching or related data.
The User is responsible for all operations performed on his account. The User agrees to notify Hihoreca immediately and reliably of any use or unauthorized entry of their account.
The account is not a property of the User, but a tool that Hihoreca makes available to the User to access the services of the Website. The sale, purchase and transfer of the account and all its attributes (responsibilities, debts, credits, reputation and qualifications) is strictly forbidden under any title.
Hihoreca, in its sole discretion, may terminate Your license to use the Website if You have violated any of the policies and rules set out in this Agreement and for any reason without prior notice to You. You acknowledge and agree that Hihoreca may immediately bar Your further access to the Website. Hihoreca will not be liable to You or any third party for any termination of Your access and/or use of the Website.
Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
United Arab of Emirates is our country of domicile.
Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.
If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
The cardholder must retain a copy of transaction records and Merchant policies and rules.
We accept payments online using Visa and MasterCard credit/debit card in AED (or any other agreed currencies).
You agree that Hihoreca is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by You, other users, or outside parties on Hihoreca. You use the Hihoreca service at Your own risk.
You agree to not create or use scripts or programs outside of the implemented website functionality to automatically login, add or edit products and categories or make other store adjustments.
USE OF THE SITE
The User is any human or legal person who accesses the Site. In this way, whoever accesses, visits, and/or uses the Site and the services offered has the quality of User.
The access and use of the Website do not require the prior subscription or registration of the User. Every User of the Website must be of legal age and have the legal capacity to contract under the laws of the United Arab Emirates. If the User registers as a legal entity, he / she must have the authority to contract and obligate said legal entity the Terms and Conditions of this agreement.
The User agrees to use the Website in accordance with these Terms and Conditions, the law, morality, good customs, public order, and at his sole risk and responsibility. Likewise, it undertakes to make an appropriate use of the Website and not to use it to carry out illicit activities, which attempt against the rights of third parties and / or that infringe the regulation on intellectual and industrial property, or any other norms of the applicable legal system.
By way of mere enunciation, and in no case limiting or excluding, the Users undertake not to:
- enter or disseminate content contrary to honor, privacy or image or propaganda of a racist, xenophobic, pornographic, or apology of crime.
- enter or disseminate on the network data programs likely to cause damage to the computer systems of the access provider, its suppliers or third-party Internet users.
- enter, disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.
- enter or disseminate any false, ambiguous, untimely or inaccurate information and content in a way that misleads the recipients of the information.
- enter, disseminate, transmit or make available to third parties any type of information, element or content that supposes a violation of secrecy of communications and legislation of personal data.
PRICE OF GOODS AND SERVICES
All published prices will be with VAT (in accordance with the relevant laws in UAE) included when applicable and in legal tender. Hihoreca.com does not participate or intervene in the determination of the price of the goods offered by the Seller User, which are freely established by the latter.
In all cases, the Seller User and the Buyer User shall agree on the payment method without participation or intervention by All published prices will be with VAT included when applicable and in legal tender.
All prices must be published with VAT included. Hihoreca.com will not be liable to Users or third parties for breach of this provision.
SUSPENSION OF OPERATIONS
Without prejudice to other measures, Hihoreca.com may temporarily suspend or permanently disable a User's Account or one or more publications, apply a penalty that negatively impacts the reputation of a User, initiate the actions it deems appropriate and / or suspend the provision of Your Services (a) if any law is violated, or any of the stipulations of the Terms and Conditions and other Hihoreca.com policies; (b) if You breach Your commitments as a User; (c) if it is incurred at Hihoreca.com discretion in fraudulent or fraudulent acts or acts; (d) if the User's identity could not be verified or any information provided by the User was erroneous or false; (e) if Hihoreca.com understood that the publications or other actions may be a cause of responsibility for the User who published them, for Hihoreca.com or for Users. In the case of the suspension or disqualification of a User, all the articles that it has published as well as its pending offers will be removed from the system and under no circumstances will the publication charges involved be returned or rewarded.
Users shall not (a) disclose personal data of other Users through any means; (b) Use personal data of Users for fraudulent purposes.
The infringer may be sanctioned with the suspension or cancellation of the Offer and even its registration as a User of "the site" and / or in any other way that it deems pertinent, without prejudice to legal actions that may result from the configuration of crimes or contraventions or the civil damages that it may cause to Hihoreca.com and / or to the offering Users.
POSTING INFORMATION ON Hihoreca.com
You must be a Registered User in order to post information on the Website.
You must provide accurate and verifiable contact information when registering on the Website. You must keep Your account information up to date and accurate at all times.
- All texts must be in English,
- All prices must be in United Arab Emirates Dirham (AED),
- The sellers must be able to ship throughout the United Arab Emirates,
- If paid through PayPal/Direct Credit Card Checkout the sellers must ship within 5 business days after the payment clears. Exemptions from this rule are cases when You ship custom made items or items that require time to be produced,
If You are using PayPal or Direct Transfer or Credit Card Checkout, the accounts associated with these services must be active and normally working.
Rates for Services Provided by Hihoreca.com
The use by the User of some of the services provided by Hihoreca.com implies the payment of the price established in the Tariff. Said price shall be paid by the User and includes charges for publication, commission for sale, if applicable, or any other service provided by Hihoreca.com for which a current rate has been established. Hihoreca.com reserves the right to modify, change, add, or eliminate the current rates, at any time and without prior notice. Likewise, Hihoreca.com may temporarily modify the rates for its services due to promotions.
Do not include promotional or boilerplate text in Your product titles and descriptions. All text should directly describe the product. Texts related to shipping, handling or store policies must not be included,
Do not invite the users to pay through payment methods not supported and integrated by Hihoreca.com,
Do not direct users to go to other sites to complete the transaction,
Do not upload logo images or other generic images such as "image not available" images for Your products,
Shipping must be set-up in the store to all locations that are selected in the shipping zones. It is not allowed to request shipping or additional costs after an order has been placed. The buyer should have the full cost upon checkout,
Listed products must be relevant, clear, accurate, and descriptive of the products offered.
WHAT IS NOT ALLOWED TO POST ON THE WEBSITE
Hihoreca.com prohibits the publication and marketing of personal property, real estate or services that are prohibited by the laws of United Arab Emirates or the place of delivery of the thing and those that are contrary to morality and good customs. Hihoreca.com prohibits the publication of products or services that are not included in the categories enabled for this purpose. In particular, but not limited to the listed items, below are prohibited on the Site:
- Body parts & organs,
- Pirated materials and products,
- Copyrighted or trademark materials (images & texts),
- Counterfeit Designer Items (replicas or imitation of designer products),
- Fake Documents,
- Illegal Goods and Services,
- Personal Information about another individual,
- Prescription drugs and products that require a prescription,
- Supplements, drugs, and items that the FDA has issued a warning or recall,
- Currency Exchanges,
- The same or very similar content several times (even in different categories or related stores),
- Multiple listings of the same item are not allowed. Listing items in lots with a different price per item in lots is not allowed. Each item should be listed only once. The exception for this is that paying merchants are allowed a maximum of 5 lots per item,
- Mis-categorization - all items must be listed in an appropriate category,
- Meaningless title & description,
- Test items unless Your store is put on-hold,
- Free items and items with prices that are not "real",
- Items that are not for sale,
- Pre-order items,
- Firearms & ammunition, stun guns, bb guns, pellet guns, blowguns, dart guns and illegal knives,
- Firearm parts, stun gun parts, bb gun parts, and pellet gun parts,
- Tobacco, cigars for smoking, e-cigarettes, cartridges for e-cigarettes, e-liquid, other smoking-cessation devices, vaporizers and diffusers used for any type of smoking or oral inhalation, any smoking device or smoking related item (unless the item is a collectible item only),
- Live animals,
- Items made from wild or exotic animal skins (even if farm raised) and taxidermy items of wild or exotic animals; including, but not limited to any animal endangered or threatened under any competent Act,
- Items from drop ship service networks,
- Mod chips, mod chips accessories or other devices designed to circumvent copyright protection,
- Illegal drugs and drug accessories,
- Signal jammers or products that descramble cable and satellite signals,
- Coupons and vouchers (unless item is a collectible item),
- Listing for upgrades, to postage, for insurance, for shipping etc.,
- Listings for upgrades to another product,
- Falsified orders to create or generate false feedback. All orders must be placed by the actual buyer only.
- Setting minimum purchase requirements (for minimum quantity or amount),
- Lottery tickets, fast-food game pieces, and codes and coupons for sweepstakes, raffles, or drawings offering chance to win something.
The USER is the sole and exclusive responsible for the publication and / or commercialization of the prohibited goods, reason for which Hihoreca.com will be held harmless from any lawsuit, action or judicial, extrajudicial and / or administrative claim coming from any type of claim originated by the breach of this clause and also the USER is obliged to immediately reimburse Hihoreca.com any amount paid and / or the damages and losses suffered including the fees of the professionals involved in these claims.
INFORMATION WE COLLECT AND STORE
If You are a merchant, when You register, we collect and store Your username, full name, address, city, state/province, zip/postal code, country, phone and email. Only Your username, city and state will be publicly displayed. If You prefer, your product pages to not show Your city, you can enable this option in menu Options.
If You are a buyer, we collect and store Your name, address, phone (if provided) and email address. This information is not publicly available, and it is available only to the merchant You ordered from with the sole purpose of shipping Your order and/or contacting You in regard to Your order.
DISCLOSURE OF YOUR INFORMATION
To use and / or access some of the Services offered by Hihoreca.com, Users must provide information of a personal nature. The User gives his consent so that his personal information is processed and stored in servers or magnetic media that maintain high standards of security and physical and technological protection. For more information about the privacy of the Personal Data and cases in which the personal information will be revealed, you can consult our Privacy Policies. Likewise, the User gives his / her consent so that the human or legal persons that offer products through the Site, send their personal information to their distributors and / or agents.
We do not release Your personal information to third parties. However, Hihoreca.com may disclose the User's identity and contact information, if We suspect that the seller created fraudulent store, or 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 Hihoreca.com shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Hihoreca.com for such disclosure.
RETENTION OF INFORMATION
Hihoreca.com will retain Your information as long as Your account is not deleted. If You no longer want Hihoreca.com to use Your personal information, you may close Your account and contact us at through our contact link located at the bottom of every page. Hihoreca.com will retain and use Your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. In addition, Hihoreca.com sellers may also be required to retain and use Your information in order to comply with their legal obligations. Please note that closing Your account will not free up Your email address and username for reuse on a new account.
GENERAL DATA PROTECTION REGULATION ("GDPR")
We are located in the United Arab Emirates and we transfer Your personal data for processing and storing in United Arab Emirates. Our merchant interface provides You with way to view/change Your personal information (menu Account Info). You may also contact us and request access to Your personal information. Please note that You will be required to submit additional information to show that You are EU citizen.
The contents of the screens relating to the Hihoreca.com services as Well as the programs, databases, networks, files that allow the User to access and use Your Account, are owned by Hihoreca.com and are protected by the laws and international treaties of copyright, trademarks and patents. The improper use and total or partial reproduction of said contents are prohibited, unless expressly authorized in writing by Hihoreca.com.
The Site may contain links to other Websites which does not indicate that they are owned or operated by Hihoreca.com. In virtue that Hihoreca.com has no control over such Sites, it will NOT be responsible for the contents, materials, actions and / or services provided by them, nor for damages or losses caused by the use thereof, whether caused directly or indirectly. The presence of links to other Websites does not imply a partnership, relationship, approval, endorsement of Hihoreca.com to said Sites and their contents.
Hihoreca.com respects and enforces the intellectual property rights of third parties on the Site. To this end, all publications include means to be denounced by those who are owners or beneficiaries of the infringed rights. In addition, Hihoreca.com reserves the right to take all measures deemed appropriate to safeguard the intellectual property rights of third parties on the Site, which may include suspending the publications and / or informing the holders of intellectual property rights or judicial authorities some of the personal data of the Users whose publication has been denounced.
The User accepts that all the elements of the Site and of each of the Services provided through it, including, but not limited to, the enunciation and the design, structure, information, platform and materials contained in it. Site, are legally protected as intellectual and industrial property rights of Hihoreca.com or third parties, which is why the User agrees not to enter, disseminate, transmit, reproduce, transform, modify, rent, lend or make available to third parties any type of information, element, content, etc. that involves a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that correspond to Hihoreca.com or third parties.
Users must use Website and its Services contained therein only for personal use, being obliged not to directly or indirectly commercially exploit the elements and information obtained through the Website.
Design and Content of the Publication
The publications may include descriptive texts, graphics, photographs and other relevant contents and conditions that correspond to the published good, provided they do not violate any provision of this Terms and Conditions or other Hihoreca.com policies.
The product offered by the Seller User must be exactly as described in terms of its relevant conditions and characteristics.
Hihoreca.com reserves the right to modify the design and format used for the publications made by users, as well as reserves the right to retouch and adapt the images according to Hihoreca.com design requirements.
Hihoreca.com may use the images and logos of users contained in the publications for the purposes of displaying the notices as a way to promote such notices and users.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
Your use of the website is at your sole risk. the website is provided on an "as is" and "as available" basis. Hihoreca.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties of title, the implied warranties of merchantability, fitness for a particular purpose and non-infringement as to the information, materials, content, data, products or services on the website or the uninterrupted access provided to or in connection with the website.
LIMITATION OF LIABILITY
You agree that Hihoreca.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use or the inability to use the website.
The user agrees to indemnify and hold harmless Hihoreca.com (including but not limited to its related companies, their respective partners, managers, officers, representatives, agents and employees) for any claim or demand (including reasonable attorneys' fees) made by any user and / or third party for any violation of the terms and conditions of use and other annexes and policies that are understood to be incorporated herein, and / or any law and / or rights of third parties.
To this end, the user authorizes Hihoreca.com to: i) intervene and represent him in said claims or demands, being able to reach agreements without limitation, in his name and representation; ii) retain and debit your existing and / or future funds from your Hihoreca.com account; and / or iii) generate specific charges in your billing.
AMENDMENTS TO THE TERMS AND CONDITIONS AND POLICES
We reserve the right to make changes to our Website, policies, and Terms and Conditions, at any time. You will be subject to the terms and conditions and policies in force at the time that you order products from us, unless any change to those terms and conditions, policies are required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these amendments are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.