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Terms and Conditions

Effective date: 01/12/2023

Who We Are

We are Rouad Al-Najah Company for Electronic Marketing LLC (CR No: 4030529270), hereafter “SWAPZONE,” with headquarters at 7696 Al Madinah Al Munawarah Road, Ar Ruwais District, P.O. Box 23215, Office 306, Jeddah, Saudi Arabia. SWAPZONE can always be reached at support@swapzoneksa.com.

In order to utilize the SwapZone App and SwapZone Services, it is imperative that you adhere to these Terms and Conditions, along with any other written agreement(s) between SwapZone, LLC and yourself.

By utilizing the SwapZone Services in any capacity, such as visiting or browsing the App, you (referred to as the "user" or "you") consent to be legally obligated by this Agreement, which includes any additional terms, conditions, and policies mentioned here or accessible through hyperlinks. This Agreement is applicable to all individuals utilizing SwapZone Services, including users who serve as vendors, customers, merchants, contributors of content, information, and other products or services on the App.

SwapZone, LLC has the authority to modify these Terms and Conditions periodically, with or without prior notification to you. You recognize and consent that it is your obligation to regularly examine the App and these Terms and Conditions. If you continue to use the App and SwapZone Services, as defined in these Terms and Conditions, after such changes have been made, it will be considered as your acknowledgement and acceptance of the new Terms and Conditions.

By utilizing the application and services provided by Swapzone, you acknowledge and accept the obligations and regulations outlined in these terms and conditions. If you do not desire to be legally obligated by these terms and conditions, kindly exit the application and cease utilizing the application and Swapzone services. If you are not satisfied with the app, Swapzone services, products, or offerings available on the app, or these terms and conditions, your only recourse against Swapzone, LLC and its parent companies, subsidiaries, affiliates, officers, directors, agents, and employees is to stop using the app, Swapzone services, and/or those specific products or offerings that you are dissatisfied with. These terms become effective and legally binding upon you as soon as you use the app or any Swapzone services.

You recognize and consent that there are potential hazards linked to using an online marketplace and engaging with other users.

1. SwapZone Terms and Conditions

Please carefully review these terms and conditions before to utilizing the web application and services provided by Swapzone, LLC ("Swapzone"). This agreement establishes the legally enforceable terms and conditions for your utilization of the web application located at https://SwapZoneksa.com (referred to as the "App") and all services rendered by SwapZone, LLC on the App.

SwapZone and its affiliates offer web application features, products, and services to users who visit or shop at https://SwapZoneksa.com, use SwapZone products or services, utilize SwapZone mobile applications, or employ software provided by SwapZone in relation to any of the aforementioned activities (collectively referred to as SwapZone Services). SwapZone offers the SwapZone Services under the specified terms and conditions.

For any inquiries, kindly contact us via email at support@swapzoneksa.com. By utilizing the services of SwapZone and/or the App, you hereby consent to abide by the specified conditions and Terms and Conditions, and acknowledge your agreement to be legally bound by this Agreement.

2. The application serves as a platform or location:

You acknowledge that the App functions as a platform. SwapZone assumes responsibility for all content, including data, text, information, usernames, graphics, photos, photographs, profiles, items, and links, that is uploaded by both you and other users. The App and all other SwapZone

Services are utilized under the authority and oversight of Rouad Al-Najah Co. for E-Marketing LLC, referred to as "SwapZone".

The App serves as a platform for users who adhere to SwapZone's Terms and Conditions and rules to engage in the buying and selling of certain electronic goods using a fixed-price structure. SwapZone plays a direct role in facilitating transactions between buyers and sellers. SwapZone has complete authority over the quality, safety, morality, and legality of all aspects related to the listed things. This includes verifying the truth and authenticity of the listings, ensuring sellers' ability to sell items, and buyers' ability to pay for items.

SwapZone requires all users to authenticate their identity via the "Nafath" system. SwapZone cannot guarantee the fulfillment of a transaction by a buyer or seller. SwapZone does not possess any rights, ownership, or claim over the products or items listed on the App. It does not facilitate the transfer of legal ownership from the seller to the buyer, until the transaction between them is fully executed.

Furthermore, SwapZone does not officially support or conduct investigations on each user of SwapZone. However, SwapZone will make diligent efforts to ensure the accuracy and legitimacy of all information supplied within the App. SwapZone strongly advises all users to exercise prudence and engage in direct communication with possible transaction counterparts using the accessible options on the App.

3. Criteria for Membership

SwapZone Services are exclusively accessible to and intended for those who are at least 18 years old and possess the legal capacity to enter into binding transactions as per the relevant legislation. By utilizing the App or any SwapZone Services, you affirm and guarantee that you are a minimum of 18 years of age and that all the registration details you provide are precise and honest.

SwapZone has the right to deny access to or usage of the App or any SwapZone Services to any individual or organization at its own discretion. Furthermore, SwapZone retains the right to modify its user eligibility conditions at any given moment.

4. Individuals Under 18

Users who are below 18 years old are required to always use the App or any other SwapZone Services under the direct supervision of a parent or legal guardian who is at least 18 years old. The adult is always the user and bears full responsibility for all activity.

5. Compliance

By using the App, you agree to comply with SwapZone's policies as outlined in this Agreement and the relevant SwapZone policy documents listed below (if they apply to your activities on the App). Additionally, you agree to adhere to any other operational rules, policies, and procedures that SwapZone may publish on the App from time to time. These policies are incorporated into this Agreement and may be updated by SwapZone with or without prior notice to you.

1. Adherence to Local Legislation. You are obligated to adhere to any local regulations about online behavior and permissible material.
2. Adherence to VAT Regulations. You are liable for any applicable taxes, if they exist.

6. Password

Ensure the security of your password. You bear complete responsibility for any and all activity, liability, and harm that may arise as a consequence of your failure to uphold the secrecy of your password. It is imperative that you promptly inform SwapZone of any unauthorized access to your password or any violation of security by sending an email to support@swapzoneksa.com. Furthermore, you acknowledge that SwapZone bears no responsibility and will not be held accountable for any loss or harm resulting from your negligence in safeguarding your password. You are prohibited from sharing your username and password with any party other than SwapZone, unless you have obtained SwapZone's explicit written consent.

7. Account Information

You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on the App, you must provide and maintain valid payment information method such as a valid MADA Card.

8. Account Transfer

You may not transfer or sell your SwapZone account and User ID to any other party.

9. Right to Refuse Service

SwapZone reserves the right to deny service to any user, without providing a specific reason, at any given moment. SwapZone has the authority to temporarily or permanently suspend users of the App or other SwapZone Services at its own discretion. SwapZone has the authority to terminate accounts that are unconfirmed or inactive, at its own discretion.

10. Privacy Policy

Please review our Privacy Policy at https://SwapZoneksa.com/privacy.

11. Fees Policy

Joining and creating a listing on the App is free. SwapZone may not charge fees for listing an item for sale. SwapZone only charges a fee for the sale price when the item is sold. When you list an item for sale, you have an opportunity to review and accept the fees that you will be charged. SwapZone's Sale fees is 10% to be added on top of the listing price. Sale Fees is subject to change at any time without notice to you, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for SwapZone's services are effective upon being published on the App. However, SwapZone may choose to temporarily change the Fees Policy and the fees for SwapZone's services for promotional events (e.g., free listing days). Such changes are effective when SwapZone posts the temporary promotional event on the App. SwapZone may, at SwapZone's sole discretion, change some or all of SwapZone's services at any time. In the

event SwapZone introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Saudi Riyal (SAR).

You are responsible for paying all fees and applicable taxes associated with using the App or any other SwapZone Services.

12. Marketplace Operation

Furthermore, you are bound by the protocols and instructions outlined in SwapZone's Market Policies (accessible online at https://SwapZone.com/policies), which are included by reference and constitute an integral part of these Terms and Conditions. Similar to these Terms and Conditions, SwapZone has the ability to modify SwapZone's Market Policies without prior notification to you. These modifications will take effect immediately upon being published, regardless of whether or not you were informed of these changes. It is advisable to consult SwapZone's Market Policies on a frequent basis in order to comprehend the current procedures and guidelines. If there is a disagreement between these Terms and Conditions and SwapZone's Market Policies, SwapZone's Market Policies will take precedence and govern the usage of the App and the Marketplace.

- Product Listings. By listing an item on the App, you guarantee that both you and all parts of the item adhere to SwapZone's declared policies. You further guarantee that you have the legal authority to sell the goods. It is imperative that you provide a precise and detailed description of your item, as well as clearly outline all the conditions and terms of the sale. It is your duty to guarantee the precision of all product listings, encompassing, but not limited to, pricing, model numbers, descriptions, photos, availability, and item condition. Every listing must provide a precise and comprehensive description of the item being sold in that particular listing. Every distinct object should possess its individual listing. It is your duty to determine the listed price of each item, taking into account the delivery expenses, as per SwapZone's Sale Fulfillment standards. SwapZone reserves the right to impose a fee on the listing price for the sale of services.

Only use text descriptions, graphics, images, and anything that is directly related to the sale of the item in your listings. SwapZone has the authority to refuse and delete any written descriptions, images, photos, and other content that a user of the App or other SwapZone Services posts.

- Denial or Elimination of Listings. SwapZone reserves the right to refuse or remove product listings without notifying the Seller.

- SwapZone does not endorse or accept any responsibility for any content uploaded or contributed by users on any section of the App. SwapZone and its agents retain the authority to eliminate any and all posts or listings that SwapZone deems, at its own discretion, to be in violation of these Terms and Conditions and any other regulations regarding user behavior for the App, or that are otherwise detrimental, offensive, or incorrect. You explicitly comprehend and consent that SwapZone bears no responsibility for any delay in the removal of such materials.

-Policies regarding returns. The SwapZone App does not have a return policy. The buyer is eligible for a complete refund only if the received item does not match the description provided by the seller in the ad. In order to qualify for the refund, the buyer must file a dispute within 6 hours of delivery and have the claim accepted by SwapZone.

-Sale Agreement. All sales are legally binding. The seller is required to promptly dispatch the order or otherwise finalize the transaction with the buyer within 2 business days.

- Payment transactions. The Buyer is required to make payments directly to the Seller in accordance with SwapZone's app-wide standards. The Buyer, Seller, and SwapZone can agree to make payment using MADA Card, Apple Pay, or any other third-party payment source. SwapZone bears all responsibility for securing the receipt of appropriate payment from the Buyer, which includes any required taxes and shipping costs, prior to completing the sale. SwapZone charges a fee for its services in facilitating transactions through the App. When the Buyer pays the Seller, the Seller's wallet in the App will be credited with the transaction amount (minus the App Fees). However, this amount will be held until 6 hours after the Buyer has received the item.

-Manage and facilitate the transfer of funds from the wallet to users' designated bank accounts. The user alone possesses all funds that have been deposited into their wallet. SwapZone imposes a fee of SAR 4.00 (Four Riyals) for every bank transfer request made by the user.

- Sale Fulfillment. The Seller is obligated to fulfill the order or otherwise complete the transaction with the Buyer in a prompt manner (within 2 business days).

13. Third-Party Apps and Information

The App has the capability to redirect or link to other online applications on the Internet, or may contain references to information, products, or services provided by unrelated third parties. Although SwapZone strives to collaborate exclusively with reliable and esteemed providers, it is possible that these applications may occasionally include information, content, or policies that certain individuals may deem unsuitable or disagreeable on a personal level. You acknowledge and accept that SwapZone bears no responsibility for the accuracy, comprehensiveness, appropriateness, or legality of content housed by third-party online applications. Furthermore, SwapZone is not liable for any errors or omissions in any references made on those web applications. The provision of a link or reference is solely for the purpose of convenience and does not indicate any sponsorship or relationship with the App or party by SwapZone, nor does it imply any type of warranty, whether explicit or implicit.

- As part of our service, we have the ability to offer links to online applications that are owned and run by third parties. These links may be provided through our app or through emails sent to you. You assume full responsibility and exercise complete caution when accessing and utilizing these third-party web applications.

The user's text is empty. The terms and conditions of use and privacy policy of the specific third-party webapp will apply to your usage of it. The terms and conditions of usage and privacy policy will differ from the SwapZone Terms and Conditions and Privacy Policy.

The user did not provide any text. Any perspectives, beliefs, guidance, or support offered to you by a third party do not reflect the perspectives, beliefs, guidance, or support of SwapZone.

Furthermore, we do not oversee, monitor, evaluate, verify, or promote such offerings. You assume full responsibility for any decision to act or abstain from acting based on the opinions, advice, or assistance of third parties, and you do so at your own risk and discretion.

14. Prohibited, Questionable and Infringing Items and Activities

You bear exclusive responsibility for your behavior and actions on the App, as well as any behavior or actions pertaining to or concerning any SwapZone Services. You bear full responsibility for all the Content you submit, post, and display on the App, including data, text, information, usernames, graphics, pictures, photographs, profiles, audio, video, items, and links.

15. Restricted Activities

Your Content and your use of the App or any other SwapZone Services shall not:

- Be false, inaccurate or misleading;

- Be fraudulent or involve the sale of illegal, counterfeit or stolen items;

- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;

- Violate this Agreement, any app policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including SwapZone staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through, for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;

- Be obscene or contain child pornography;

- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

- Host images not part of a listing;

- Modify, adapt or hack the App or modify another webapp so as to falsely imply that it is associated with SwapZone;

- Appear to create liability for SwapZone or cause SwapZone to lose (in whole or in part) the services of SwapZone's ISPs or other suppliers;

- Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on SwapZone.

Furthermore, you may not list any item on the App (or consummate any transaction that was initiated using SwapZone Services) that, by paying to SwapZone the listing fee or the final value fee, could cause SwapZone to violate any applicable law, statute, ordinance or regulation, or that violates the Terms and Conditions.

16. Content

A. User's Grant of License In Favor of SwapZone. SwapZone does not claim ownership rights in your Content. You grant SwapZone a license to use any information or Content you supply, but you agree that SwapZone is not violating any rights you might have in any information or Content you supply to SwapZone. You grant SwapZone a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow SwapZone to store or re-format your Content on the App and display your Content on the App in any way SwapZone chooses. SwapZone will only use personal information in accordance with SwapZone's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another SwapZone user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for SwapZone-related communications. SwapZone has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any SwapZone user to your email or physical mail list. For more information, see SwapZone's Privacy Policy.

1. B. SwapZone's Grant of License in Favor of User. Subject to your compliance with the Terms and Conditions, this Agreement, and your payment of any applicable fees, SwapZone or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the App. This license does not include any resale or commercial use of any SwapZone Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any SwapZone Service or its contents; any downloading or copying of account information for the benefit of another user, seller, buyer or merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by SwapZone or its licensors, suppliers, publishers, rightsholders, or other content providers. No SwapZone Service, nor any part of any SwapZone Service, may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of SwapZone. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SwapZone without express written consent. You may not use any meta tags or any other "hidden text" utilizing SwapZone's name or trademarks without the express written consent of SwapZone. You may not misuse the App or any SwapZone Services. You may use the App and any other SwapZone Services only as permitted by law. The licenses granted by SwapZone terminate if you do not comply with this Agreement.

1. C. Re-Posting Content. By posting Content on the App, it is possible for an outside webapp or a third party to re-post that Content. You agree to indemnify, defend, and hold SwapZone harmless

for any dispute concerning this use. If you choose to display your own SwapZone-hosted image on another webapp, the image must provide a link back to its listing page on SwapZone. D. Idea Submissions. SwapZone considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the App or otherwise (other than the Content and the tangible items sold on the App by users) (collectively, the "Material") to be non-confidential and non-proprietary, and SwapZone shall not be liable for the disclosure or use of such Material. If, at SwapZone's request, any member sends Material to improve the app (for example through the Forums or to customer support), SwapZone will also consider that Material to be non-confidential and non-proprietary, and SwapZone will not be liable for use or disclosure of the Material. Any communication by you to SwapZone is subject to this Agreement. You agree to grant, and hereby do grant, to SwapZone, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

17. Information Control

SwapZone has full control over the content. SwapZone has complete control over all user-generated content that is made accessible on the platform. SwapZone has the authority to cancel, remove, or reject any content.

Global financial exchanges. SwapZone exclusively works inside the borders of Saudi Arabia.

Additional sources of information. SwapZone bears no responsibility for the accessibility of external web applications or resources that are linked to or mentioned on the App. SwapZone does not support or assume any responsibility or liability for the content, advertising, products, or other items found on or accessible through such web applications or resources. You acknowledge that SwapZone assumes no responsibility or liability, either directly or indirectly, for any harm or loss that may occur or is claimed to have occurred as a result of using or relying on any content, products, or services offered on or via any web applications or resources.

18. Resolution of Disputes and Release

Conflicts with SwapZone. If a disagreement occurs between you and SwapZone, please reach out to SwapZone for resolution. The Court of Commercial Court in Jeddah shall have jurisdiction over any dispute arising from or connected to the subject matter of this Agreement. SwapZone exercises control over the App (excluding any third-party apps) from its offices located in Jeddah. You consent and hereby submit to the sole personal jurisdiction and venue of the Commercial Court in Jeddah regarding any disputes that arise from or pertain to the subject matter of this Agreement and these Terms and Conditions. Conflicts with Users or Third Parties. If a disagreement arises between you and another third party, SwapZone is not obligated to  negotiate or attempt to resolve the problem. You hereby absolve SwapZone, as well as its officers, directors, agents, subsidiaries, joint ventures, and employees, from any and all claims, demands, and damages (both actual and consequential) of any type and origin, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that may arise as a result of or in connection with any disagreement between you and another user or a third party.

SwapZone may endeavor to assist users in resolving conflicts for their own advantage. Nevertheless, SwapZone retains the exclusive authority to make such decisions, and is under no duty to mediate conflicts between users and external entities. If SwapZone makes an effort to settle a disagreement, it will do so sincerely and entirely according to its own policies. SwapZone will refrain from making determinations about legal matters or assertions.

SwapZone is responsible for resolving any disputes that may develop between users within a maximum of 30 working days.

19. SwapZone's Intellectual Property

SwapZone, and other SwapZone graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of SwapZone, LLC in Saudi Arabia and/or other countries. SwapZone's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

20. Access and Interference

SwapZone may contain robot exclusion headers that contain internal rules for software usage. Much of the information on the App is updated on a real-time basis and is proprietary or is licensed to SwapZone by SwapZone's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the App for any purpose whatsoever, except to the extent expressly permitted by and in compliance with SwapZone's API Terms and Conditions or otherwise without SwapZone's prior express written permission. Additionally, you agree that you will not:

1. A. Take any action that imposes, or may impose, in SwapZone's sole discretion, an unreasonable or disproportionately large load on SwapZone's infrastructure;
2. B. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the App except to the extent expressly permitted by and in compliance with SwapZone's API Terms and Conditions or otherwise without the prior express written permission of SwapZone and the appropriate third party, as applicable;
3. C. Interfere or attempt to interfere with the proper working of the App or any activities conducted on the App; or
4. D. Bypass SwapZone's robot exclusion headers or other measures SwapZone may use to prevent or restrict access to the App.

21. Breach

Without limiting any other remedies, SwapZone may, without notice, and without refunding any fees, delay or immediately remove Content, warn SwapZone's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the App, and take technical and legal steps to keep a user off the App and refuse to provide services to a user if any of the following apply:

1. A. SwapZone suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein;
2. B. SwapZone is unable to verify or authenticate any of your personal information or Content; or
3. C. SwapZone believes that a user is acting inconsistently with the letter or spirit of SwapZone's policies, has engaged in improper or fraudulent activity on the App or in connection with SwapZone or the actions may cause legal liability or financial loss to SwapZone's users or to SwapZone.

22. Privacy

Except as provided in SwapZone's Privacy Policy, SwapZone will not sell or disclose your personal information (as defined in the Privacy Policy) whatsoever. SwapZone stores and processes Content on Cloud-Based Server located in Saudi Arabia that are protected by physical as well as technological security.

23. DISCLAIMER OF WARRANTIES

Swapzone, swapzone's subsidiaries, officers, directors, employees, and swapzone's suppliers provide the app and swapzone services "as is" and without any warranty or condition, express, implied or statutory. swapzone, swapzone's subsidiaries, officers, directors, employees and swapzone's suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. The app, swapzone services, and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the app or through swapzone services are provided by swapzone on an "as is" and "as available" basis, unless otherwise specified in writing. swapzone makes no representations or warranties of any kind, express or implied, as to any swapzone services, the operation of the app, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the app or other swapzone services, unless otherwise specified in writing. You expressly agree that your use of the app and/or swapzone services is at your sole risk to the full extent permissible by applicable law, swapzone disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. swapzone does not warrant that the app or swapzone services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the app, swapzone's servers or electronic communications sent from swapzone are free of viruses or other harmful components. swapzone will not be liable for any damages of any kind arising from the use of any swapzone services, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. further, swapzone shall not be liable in any way for third party promises regarding offerings or content on the app or for assistance in conducting commercial transactions with a third party through the app, including without limitation the processing of orders. In addition, no advice or information (oral or written) obtained by you from swapzone shall create any warranty.

24. indemnity

You agree to defend, indemnify and hold swapzone and (as applicable) swapzone's parent companies, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use or misuse of the app or any swapzone services, your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Swapzone reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SwapZone in asserting any available defenses.

25. No Guarantee

SwapZone does not guarantee continuous, uninterrupted access to the App. Operation of the App may be interfered with by numerous factors outside SwapZone's control. You understand and agree that temporary interruptions of the app may occur as normal events that are out of SwapZone's control. You also understand and agree that SwapZone has no control over the third-party networks or service(s) that SwapZone may use to provide the App and/or SwapZone Services to you. You agree that the App and any SwapZone Services are provided “AS IS” and that

SwapZone assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

26. Legal Compliance; VAT:

Your use of the App and any SwapZone Service is subject to all applicable laws and regulations. You shall comply with all applicable domestic laws, statutes, ordinances and regulations regarding your use of the App and any SwapZone Service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all VAT if applicable to any purchases or sales of items you make on the App (excluding any taxes on SwapZone's net income).

27. Confidentiality

Content and Communications With SwapZone Treated as Non-Confidential. All information and communications sent by you to SwapZone will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to SwapZone (including patentable ideas, new content suggestions or business proposals) unless you and SwapZone have mutually agreed in writing otherwise. Idea and information that SwapZone receives unsolicited will be treated as property owned by SwapZone and will not be returned to you.

28. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

29. No Agency

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

30. Modification or Termination of SwapZone Services

SwapZone reserves the right to modify or terminate any SwapZone Service for any reason, without notice to you, at any time. SwapZone reserves the right to alter these Terms and Conditions or other App policies at any time without notice to you, so please review the policies frequently. If SwapZone makes a material change to this Agreement or to its Terms and Conditions, SwapZone will attempt to notify you here, by email, by means of a notice on SwapZone's home page, or other place(s) SwapZone deems appropriate. What constitutes a "material change" will be determined at SwapZone's sole discretion, in good faith, and using common sense and reasonable judgment.

31. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of Saudi Arabia.

32. Entire Agreement

This Agreement contains the entire agreement and understanding of the parties with respect to its subject matter and supersedes any prior or contemporaneous written or oral representations,discussions, proposals, understandings, Terms and Conditions, and the like respecting the subject matter hereof.