TERMS & CONDITIONS

Welcome to ostaiq.com ("Site"). The owner and operator of the Site is Osta Trading Company a limited liability company registered in Iraq, with its office located at Osta Building – Al Mowathafeen Area, Shohada Mowathafeen Street, Osta Building, Kerbala, Iraq. ("we", "our" or "us").

These Terms and Conditions and all policies and additional terms (if applicable) posted on the Site set out the terms on 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: ostaiq.com ("Terms & Conditions"). These documents are incorporated by reference into these Terms and Conditions.

By accessing, registering and/or continuing to use or access our Services, you are agreeing to be bound by these Terms and Conditions and the Legal Documents with immediate effect. These Terms and Conditions and the Legal Documents are subject to change by us at any time. Your continued use of the Site following any such change constitutes your agreement to these Terms and Conditions and Legal Documents as so modified.

References in these Terms and Conditions to "you" (or similar) are references to you as an individual or legal entity as the case may be.

ABOUT OUR SITE

The Site is an ecommerce platform that allows users to shop from a wide range of categories and have their orders/shipments delivered to their chosen address within Iraq.

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.

1) ELIGIBILITY AND REGISTRATION REQUIREMENTS

a) You are eligible to register as a user and benefit from the Services if you meet the following eligibility criteria:

i) Have access to an Iraqi mobile number

ii) Have Internet Access

iii) Possess a Smart Phone in order to access the services

b) In order to register to the Site, you will need to provide us with certain information. This information includes your mobile number, full name, and email address (optional). We reserve the right to decline any registration without further explanation. We reserve the right to undertake such checks as are necessary to verify your identity.

c) Once you have successfully verified your mobile number through OTP Authentication, your registration shall continue for an indefinite period, subject to suspension or termination in accordance with clause 6 of these Terms and Conditions.

2) YOUR OBLIGATIONS

a) When using or accessing the Services, you agree that you:

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

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

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

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

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

b) When using or accessing the Services, you agree that you will not:

i) breach or circumvent any laws, third party rights or our systems, policies or determinations of your account status;

ii) 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;

iii) fail to pay for items purchased by you, unless you have a valid reason as set out in any of our policies;

iv) take any action that may undermine the Site's feedback and ratings systems;

v) transfer your account to another party without our prior written consent;

vi) infringe: 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 any Intellectual Property Rights that belong to third parties;

vii) harvest or otherwise collect information about users without their consent; or

viii) circumvent any technical measures we use to provide the Services.

3) INTELLECTUAL PROPERTY RIGHTS

a) Except for the rights expressly granted under these Terms & Conditions: 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 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, will become our property.

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

c) All rights not expressly granted to you in these Terms & Conditions are reserved and retained by us or our licensors.

4) WARRANTIES, REPRESENTATIONS & UNDERTAKINGS

a) You warrant, represent and undertake that:

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

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

(1) any laws, rules, regulations or governmental guidelines to which you are subject to; or

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

iii) 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 business and bind the business to these Terms & Conditions. Such account is deemed to be owned and controlled by the business entity;

iv) you own or have the authority to grant the rights and licenses granted to us by you under these Terms & Conditions; and

b) Subject to clause 5.a., 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.

5) LIABILITY & INDEMNITIES

a) Nothing in these Terms & Conditions shall limit or exclude a party's liability: for fraud, including fraudulent misrepresentation, perpetrated by that party; for death or personal injury caused by the negligence of that party; or for any other liability that cannot be limited or excluded under applicable law.

b) Subject to clause 5.a., 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 & Conditions 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.

c) 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:

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

ii) your use of or your inability to use our Services;

iii) pricing, shipping, format or other guidance provided by us;

iv) delays or disruptions in our Services;

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

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

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

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

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

d) 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:

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

ii) your violation of any of the provisions of these Terms & Conditions, including, without limitation, any of the warranties, representations and undertakings;

iii) your violation of any applicable laws, including, without limitation, data protection or anti-spam laws; or

iv) the manner in which you use our Services, including, without limitation, that 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) SUSPENSION, TERMINATION & CANCELLATION

a) Without prejudice to any of our rights and remedies and without any liability to you, we may limit, suspend or withdraw a user's access to the Services, cancel any order(s) by you at our sole discretion. For the avoidance of doubt, any amounts paid and received by us in relation to a cancelled order(s) will be refunded.

7) REPORTING VIOLATIONS OF THESE TERMS & CONDITIONS

a) We are committed to ensuring that all order(s) on our Site comply with these Terms & Conditions. If you believe that an order(s) breaches these Terms & Conditions, please notify us and we will investigate.

8) OSTAIQ.COM AFFILIATES & ADDITIONAL FUNCTIONS

a) To enhance your experience across the Site and with ostaiq.com 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.

9) GENERAL

a) Governing Law: These Terms & Conditions 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 Iraq.

b) Dispute Resolution: If you have an issue with our Services, please contact us. We will endeavor to resolve your issue as soon as possible within the required time frame. Any disputes or Claims arising out of or in connection with these Terms & Conditions, including any non-contractual rights or obligations arising out of or in connection with these Terms & Conditions shall be referred to and finally resolved by arbitration under the Arbitration Rules of Iraq Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Kerbala Arbitration Centre. The language to be used in the arbitration shall be English or Arabic.

c) Third Party Rights: A person who is not a party to these Terms & Conditions has no right to enforce any of its terms.

d) Relationship of the Parties: Nothing contained in these Terms & Conditions 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.

e) 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 & Conditions to its full extent, including, without limitation, assisting each other in complying with applicable law.

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

g) Entire Agreement: These Terms & Conditions and the documents referred to or incorporated herein by reference contain the entire agreement between the parties relating to the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as set forth in these Terms & Conditions and the documents referred to or incorporated in these Terms & Conditions by reference, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied.

h) Amendment: You may not amend, alter, modify or supplement these Terms & Conditions in any manner. We reserve the right to amend, alter, modify or supplement these Terms & Conditions at any time and from time to time. We will post the current version of these Terms & Conditions on the Site and each amendment will be effective upon posting on the Site or upon the date that we designate as the "effective date" (if any). Your continued use of the Services following any such amendment constitutes your consent to be bound by and acceptance of these Terms & Conditions as so modified.

i) Severability: If any competent court determines that any provision of these Terms & Conditions is invalid, illegal or unenforceable, that provision will be severed from these Terms & Conditions 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 party.

j) 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 reasonable control of that party whether or not such acts could reasonably be foreseen (including acts of God, legislative, judicial or regulatory action of any regional, federal or provincial government, court or regulatory authority, acts of any of our subcontractors or any third party providing goods or services to us, labor disturbance, power failures, embargo).

k) Non-waiver: Any waiver by us of any of the provisions of these Terms & Conditions will not constitute a waiver of any other provision (whether or not similar), nor will any waiver constitute a continuing waiver of that particular provision, unless expressly provided in writing.

l) Communications: You may contact us via email, social media, or live chat on the Site.

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