Terms & Conditions

1. Definitions

1. 1.1. "Platform" refers to the Sooq Althahab and it services, encompassing the Online Marketplace, Showroom, and Gold Cloud System, designed to streamline the digital and physical operations of savers, jewelers/designers, manufacturers, and precious metal and stone sellers.
2. 1.2. "consumer" Consumers are individuals or businesses who purchase jewelry, precious metals, and precious stones or request custom-made designs through the Sooq Althahab platform. They can also use the Gold Cloud system to save precious metals and precious stones for future use in Musharakah or pool agreements.
3. 1.3. "Jeweler/Designer" refers to an individual or legal entity that offers jewelry or jewelry designs under their brand for inclusion in the Platform. This includes entities operating as sole proprietors, partnerships, or corporations.
4. 1.4. "Manufacturer" refers to an individual or legal entity engaged in the production of finished jewelry products using raw materials and designs provided by Jewelers/Designers. Manufacturers must comply with all relevant industry standards and legal certifications.
5. 1.5. "Precious Metal and Stone Seller" refers to an individual or legal entity authorized to supply certified materials, such as gold or gemstones, for use in the manufacturing of jewelry. Sellers must hold all necessary certifications and comply with applicable legal and industry standards.
6. 1.6. "Agreement" refers to these Terms and Conditions and any supplementary agreements entered into between the user and Sooq Althahab, including but not limited to the Wekalah (Power of Attorney) arrangement where applicable.
7. 1.7. “User” refers to any individual or legal entity that registers on or interacts with the Sooq Althahab platform. A User may be a Consumer, Jeweler/Designer, Manufacturer, or Precious Metal and Stone Seller, depending on their activities within the platform. Users agree to abide by these Terms and Conditions and any applicable agreements when using the platform’s services.
8. 1.8. "Wakalah" refers to a contractual agency agreement in which the Consumer authorizes Sooq Althahab to act on their behalf as an agent (Wakil) to purchase jewelry or other items from third-party vendors listed on the Platform. Sooq Althahab does not take ownership of the goods and instead facilitates the transaction as an agent.
9. 1.9. "Taqabuth" refers to the principle of constructive or physical possession as defined under Shariah law. In the context of this platform, ownership of jewelry or precious metals is not transferred to the Consumer until actual or constructive possession is achieved, typically at the point of delivery or confirmed receipt.

2. General Terms of Use

1. 2.1. By registering on the Platform, users agree to be bound by these Terms and Conditions.
2. 2.2. The Platform facilitates interactions between the aforementioned user types and each user is held responsible to their own responsibilities and actions.
3. 2.3. All users must ensure compliance with applicable laws and regulations of Kingdom of Bahrain, including without limitation to anti-money laundering (AML), Personal Data Protection (PDPL), and counter-financing of terrorism (CFT) obligations.
4. 2.4. By confirming any purchase order on the Platform, the User authorizes Sooq Althahab to act as their Wakil under the principles of Wakalah and Taqabuth. This includes the right to identify, verify, and finalize acquisition from vendors, and to facilitate delivery according to Sharia-compliant protocols.

3. Transactions Under Wakalah and Taqabuth

1. 3.1. All purchases of jewelry and similar goods through the Sooq Althahab Platform are executed through a Wakalah agreement, where the Consumer appoints Sooq Althahab as their Wakil (agent) to acquire the product from a vendor on their behalf. Sooq Althahab does not act as the seller or owner of the goods.
2. 3.2. Upon confirming an order, the Consumer expressly consents to the appointment of Sooq Althahab as their Wakil. This authorization includes the right to select, verify, accept, and finalize the purchase of the goods from the respective vendor.
3. 3.3. Sooq Althahab shall only release payment to the vendor once constructive or physical possession (Taqabuth) is confirmed, whether by physical delivery or designated transfer point as agreed. Ownership is not considered transferred to the Consumer until this step is complete.
4. 3.4. Orders placed under Wakalah are irrevocable once Sooq Althahab has initiated the purchase or engaged the vendor. Cancellations will not be accepted past this stage, unless permitted by law or under specific exceptions communicated in writing.
5. 3.5. Sooq Althahab shall not be held liable for product defects or vendor-related misrepresentations unless it fails to act in good faith or breaches its fiduciary duties as an agent.
6. 3.6. By using the Platform and confirming an order, the Consumer agrees to these agency-based transaction terms, and such digital action constitutes binding acceptance of the Wakalah agreement under applicable laws.

4. User Roles and Obligations

1. 4.1. Consumers:
   1. 4.1.1. For Marketplace:
      1. 4.1.1.1. Purchase Jewelry, Precious Metals, & Precious Stones: Consumers can browse and buy jewelry pieces, gold, gemstones, and other certified materials from verified sellers, jewelers, and manufacturers.
      2. 4.1.1.2. Place Custom Orders: Consumers may request customized jewelry designs, including engraving, modifications, and bespoke creations from jewelers/designers.
      3. 4.1.1.3. Order Fulfillment & Delivery:
         1. 4.1.1.3.1. Orders will be processed based on the timeline agreed with the seller.
         2. 4.1.1.3.2. Consumers must review and approve the final design before production begins.
         3. 4.1.1.3.3. Delivery terms, tracking, and insurance options will be clearly stated at checkout.
         4. 4.1.1.3.4. Delivery may be physical or constructive. In cases of constructive possession, Sooq Althahab or its appointed logistics partner may hold the item on behalf of the consumer until handover, as part of the Taqabuth process under the Wakalah agreement.
      4. 4.1.1.4. Consumer Protection & Dispute Resolution:
         1. 4.1.1.4.1. Consumers can file complaints regarding order issues, product quality, or delivery problems via the platform’s dispute resolution system.
         2. 4.1.1.4.2. The platform will mediate disputes, and unresolved cases will proceed to arbitration under Bahraini law.
   2. 4.1.2. For Gold Cloud:
      1. 4.1.2.1. Purchase & Save Precious Metals & Precious Stones: Consumers may buy gold, silver, gemstones, or other precious materials (or provide their own - All provided assets must be certified and comply with the platform’s authenticity verification) and store them securely within the Gold Cloud system under an annual subscription plan.
      2. 4.1.2.2. Musharakah & Pool Agreements: Consumers may use their stored precious metals and stones to enter Musharakah agreements with jewelers/designers or pool agreements with Sooq Althahab or third parties.
      3. 4.1.2.3. Withdrawal & Selling:
         1. 4.1.2.3.1. Consumers may withdraw their stored precious metals and stones or sell them within the platform’s marketplace.
2. 4.2. Jewelers/Designers:
   1. 4.2.1. Use the platform to find and enter Musharakah agreements with Savers to obtain precious metals and stones for jewelry production.
   2. 4.2.2. Use Mosharakah materials solely for the agreed purposes, ensuring transparency and proper documentation of material usage.
   3. 4.2.3. Use the platform to find and contract Manufacturers for jewelry creation while maintaining clear records of designs, material consumption, and production progress.
   4. 4.2.4. Use the marketplace to:
      1. 4.2.5. List and sell original jewelry designs and finished products.
      2. 4.2.5.1. Showcase design concepts for collaboration with potential buyers.
      3. 4.2.5.2. Offer custom jewelry services while ensuring transparency about pricing, materials, and expected delivery timelines.
      4. 4.2.5.3. Accurately describe products, avoiding misleading claims or false advertising.
   5. 4.2.6. Intellectual Property (IP) Compliance:
      1. 4.2.6.1. Originality Requirement: Jewelers/Designers may only upload and sell original designs that they own or have licensed rights to.
      2. 4.2.6.2. No Infringement: Users are strictly prohibited from copying, reproducing, or selling patented, copyrighted, or trademarked designs unless they have obtained proper authorization.
      3. 4.2.6.3. Liability for IP Violations: Any user found infringing on third-party intellectual property assumes full legal responsibility for any resulting claims, damages, or disputes.
      4. 4.2.6.4. Dispute Handling: If a copyright or patent dispute arises, the platform reserves the right to remove the infringing listing and take appropriate action, including account suspension or legal reporting.
   6. 4.2.7. Maintain proper records and documentation of all transactions, designs, and manufacturing processes to ensure compliance with platform rules and industry regulations.
   7. 4.2.8. If selling directly to customers, Jewelers/Designers must comply with customer service, refund, and warranty policies as stipulated by the platform.
   8. 4.2.9. Retain intellectual property rights over their original jewelry designs unless otherwise agreed in writing.
3. 4.3. Manufacturers:
   1. 4.3.1. Manufacturers are responsible for producing finished jewelry using materials and designs provided by Jewelers/Designers.
   2. 4.3.2. Manufacturers receive precious metals, precious stones, and design specifications from Jewelers/Designers and must use them exclusively for the intended production.
   3. 4.3.3. Manufacturers must provide accurate and competitive quotes for production requests and respond to quote inquiries from Jewelers/Designers in a timely manner.
   4. 4.3.4. Once a quote is provided and accepted, manufacturers must honor the original quote unless material costs or production requirements change significantly, in which case they must notify the Jeweler/Designer for re-evaluation.
   5. 4.3.5. All finished products must meet industry quality standards, and manufacturers must ensure compliance with design specifications, material usage, and finishing requirements.
   6. 4.3.6. Manufacturers must adhere to agreed-upon deadlines for each production order and communicate any potential delays in advance.
   7. 4.3.7. Manufacturers must maintain accurate records of materials received, production progress, and final deliveries.
   8. 4.3.8. Any excess precious metals or stones that remain after production must be returned to the Jeweler/Designer, unless otherwise agreed in writing. Manufacturers are prohibited from using, selling, or repurposing excess materials for any other purpose.
   9. 4.3.9. If a defect is found in the final product due to poor craftsmanship or material mismanagement, the Manufacturer must correct or replace the item within the agreed period at their own cost.
   10. 4.3.10. The finished jewelry must be delivered exclusively to the assigned recipient as specified by the platform, with no unauthorized third-party redirection or alternative deliveries.
   11. 4.3.11. Manufacturers must not reproduce or use any designs beyond the scope of their contractual obligations and must maintain confidentiality regarding design details and production methods.
   12. 4.3.12. Manufacturers must comply with industry regulations, safety standards, and legal requirements, ensuring ethical labor conditions and safe manufacturing practices.
4. 4.4. Precious Metal and Stone Sellers:
   1. 4.4.1. Supply certified precious metals and precious stones to Consumers, Jewelers/Designers, and Manufacturers for jewelry production, storage, or resale.
   2. 4.4.2. Sellers must ensure that all materials provided meet the platform's certification and authenticity standards and comply with industry regulations, including anti-money laundering (AML) laws.
   3. 4.4.3. Sellers must respond to requests from Consumers, Jewelers/Designers, and Manufacturers in a timely and transparent manner, providing accurate pricing, quantity availability, and delivery timelines.
   4. 4.4.4. Once a order is accepted, sellers must honor the original price and agreed terms, except in cases where significant time and market fluctuations necessitate renegotiation, in which case prior approval must be obtained from the buyer.
   5. 4.4.5. Sellers must ensure that all transactions and materials comply with legal and industry standards, including sourcing from ethically responsible suppliers.
   6. 4.4.6. Any discrepancy in material quality, weight, or certification must be addressed immediately upon delivery, with sellers bearing full responsibility for rectifying any issues.
   7. 4.4.7. Sellers must provide detailed documentation, including invoices, certifications, and receipt for every transaction.
   8. 4.4.8. Sellers are strictly prohibited from misrepresenting material quality, falsifying certifications, or engaging in deceptive pricing practices.
   9. 4.4.9. Sellers must offer a buyback option, allowing Consumers, Jewelers/Designers, and Manufacturers to resell their precious metals and stones back to the seller at an agreed market rate, subject to quality inspection and verification.
   10. 4.4.10. All deliveries must be made only to the assigned recipient as per the platform's instructions, ensuring that no orders are redirected to unauthorized third parties.
   11. 4.4.11. If a dispute arises regarding the quality, quantity, or authenticity of the materials, the platform will facilitate mediation, and unresolved disputes will be escalated to arbitration under Bahraini law.

5. Intellectual Property Rights

1. 5.1. Ownership of Designs: The ownership of jewelry designs, sketches, and creative concepts remains with the Jeweler/Designer unless explicitly transferred through a separate written agreement.
2. 5.2. License for Use: By listing a design or product on the platform, the Jeweler/Designer grants the platform a limited, non-exclusive license to use images, descriptions, and related content for marketing and promotional purposes.
3. 5.3. Use of Non-Consumer Brand Information for Marketing: The platform reserves the right to use the names, logos, and branding materials of Jewelers, Manufacturers, and Precious Metal & Stone Sellers for the marketing and promotion of Sooq Althahab, provided that such use does not misrepresent their business activities or endorsements.
4. 5.4. Protection of Proprietary Content: Unauthorized reproduction, copying, or modification of any designs, jewelry, trademarks, brand names, proprietary methods, or manufacturing techniques listed on the platform is strictly prohibited. Any user engaging in such unauthorized use may be subject to legal claims and penalties.
5. 5.5. Intellectual Property Violations: If a user believes that their intellectual property rights have been infringed by another user, they may file a complaint with the platform. The platform reserves the right to suspend, remove, or restrict access to content that violates intellectual property laws and to take further action as required.
6. 5.6. Manufacturer Confidentiality: Manufacturers are prohibited from reproducing, copying, or selling jewelry based on a Jeweler/Designer’s designs beyond the scope of their production agreement. They must maintain confidentiality regarding all designs and techniques received for manufacturing.
7. 5.7. Precious Metal and Stone Authenticity: Sellers must ensure that any hallmarks, stamps, or certifications on precious metals and stones are authentic and not misleading or falsified.
8. 5.8. Consumer Protection: Consumers may not replicate, modify, or redistribute purchased designs for commercial purposes without explicit permission from the original designer.
9. 5.9. Platform Intellectual Property: The platform retains full rights over its proprietary algorithms, data analytics, content structure, and transaction facilitation tools, which may not be copied or reverse-engineered.
10. 5.10. Unauthorized Use of Intellectual Property: Unauthorized copying, reproduction, modification, or distribution of designs, manufacturing methods, trademarks, or proprietary techniques listed on the platform is strictly prohibited. Any User found engaging in such violations may be subject to legal action and platform-imposed penalties.

Users who suffer material or non-material damage due to unauthorized use of their intellectual property have the right to seek compensation in accordance with applicable laws. The platform reserves the right to take corrective measures, including removing infringing content, suspending accounts, and cooperating with legal enforcement authorities.

6. Fees, Payments, and Refunds

1. 6.1. Users must pay all applicable subscription fees, transaction fees, and service charges as specified in the platform’s pricing schedule.
2. 6.2. Subscription fees are non-refundable.
3. 6.3. Additional fees may apply for specific services, such as premium listings, expedited processing, or enhanced security features, which will be communicated transparently before purchase.
4. 6.4. Users agree to process all payments through the platform’s designated payment options, ensuring compliance with regulatory and security standards.
5. 6.5. Any dispute over fees or payments must be reported within 14 days of the transaction. The platform reserves the right to review and resolve such disputes at its discretion.
6. 6.6. If a payment is not received or a chargeback is initiated, the platform reserves the right to suspend or terminate the user’s account until the outstanding balance is settled.
7. 6.7. In cases of service disruptions or platform downtime, the platform is not obligated to issue refunds unless the disruption exceeds a specified threshold where then case-by-case basis at the platform’s sole discretion.

Users who subscribe to the platform’s Gold Cloud system must maintain active subscriptions, and failure to renew may result in penalties, storage fees, or limitations on asset withdrawal as per the storage agreement.

7. No Returns Policy

1. 7.1. Scope & Applicability
   1. 7.1.1. This clause applies to all Products (gold, jewelry) and any Sooq Althahab Services (e.g., subscriptions, platform usage, white-label integrations).
   2. 7.1.2. By purchasing any Product or Service, you acknowledge and agree to the terms in Clause 6 of these Terms & Conditions.
2. 7.2. All Sales Final (Gold & Jewelry)
   1. 7.2.1. Once a purchase is confirmed for physical gold or jewelry, the transaction cannot be canceled or reversed.
   2. 7.2.2. Purchases are executed under a Wakalah agreement, where Sooq Althahab acquires the item on behalf of the consumer, and are deemed final once possession (Taqabuth) has been completed.
   3. 7.2.3. We do not accept returns, exchanges, or provide refunds for gold or jewelry unless required by applicable law (e.g., misrepresentation or defective items under certain consumer protection regulations).
   4. 7.2.4. Gold Price Volatility: Your purchase price is locked in at checkout due to global market fluctuations, making refunds impractical.
3. 7.3. Non-Refundable Services (Sooq Althahab)
   1. 7.3.1. Any fees or subscriptions paid for Sooq Althahab Services—including, but not limited to, platform usage and white-label solutions—are strictly non-refundable.
   2. 7.3.2. No partial or prorated refunds will be issued if a subscription or service is terminated before its scheduled end, unless explicitly stated otherwise in a separate written agreement.
4. 7.4. Shipping & Insurance
   1. 7.4.1. Physical gold and jewelry are shipped via secure or insured methods, depending on the shipping option selected.
   2. 7.4.2. If a shipment arrives damaged or tampered with, you must notify us immediately so we can assist in filing a claim with the carrier or insurer.
   3. 7.4.3. Notifying us of damage does not constitute a right to return the item or request a refund.
5. 7.5. Misrepresentation or Vendor Disputes
   1. 7.5.1. If you believe a jewelry item is significantly misrepresented (e.g., incorrect metal purity, missing stones) compared to the listing, please provide documentation (e.g., photos, certificates) to our support team.
   2. 7.5.2. We will attempt to mediate a resolution with the vendor. However, a refund or return is not guaranteed unless legally mandated.
   3. 7.5.3. Vendor-specific warranties (if any) are described in product listings and do not override this no-returns policy.
6. 7.6. Legal Compliance & Exceptions
   1. 7.6.1. We comply with all applicable consumer protection and trade laws. If your jurisdiction mandates specific return or refund rights for defective or misrepresented goods, we will fulfill those legal obligations.
   2. 7.6.2. Outside of those legally mandated exceptions, all sales are final, and no refunds will be offered.
7. 7.7. Acknowledgment & Acceptance
   1. 7.7.1. By purchasing Products or using any Sooq Althahab Services, you acknowledge that you have read, understood, and agree to this No Returns & No Refunds clause.
   2. 7.7.2. It is the customer’s sole responsibility to confirm all order details (including but not limited to product specifications, purity, weight, and any other relevant information) before finalizing the purchase. Once a purchase is completed, no changes, returns, or refunds will be granted unless legally mandated.
8. 7.8. Authorization for Asset Liquidation in Case of Default
   1. 7.8.1. By accepting these Terms and Conditions, the User expressly authorizes Sooq Althahab to, without further notice or judicial approval, take necessary actions in the event of the User’s failure to settle any outstanding fees, obligations, penalties, or debts within the prescribed grace period.
   2. 7.8.2. Sooq Althahab may, without limitation, take the following actions:
      1. 7.8.2.1. Freeze the withdrawal or transfer of the User’s stored precious metals, jewelry, or precious stones pending full settlement of all outstanding amounts.
      2. 7.8.2.2. Sell, liquidate, or otherwise dispose of the User’s stored assets through commercially reasonable means to recover any unpaid amounts, including outstanding fees, penalties, storage charges, and administrative costs.
   3. 7.8.3. Sooq Althahab will make reasonable efforts to secure fair market value for the assets during the liquidation process but does not guarantee any specific sale price or outcome.
   4. 7.8.4. Any net proceeds remaining after deducting all amounts owed and the costs associated with the liquidation shall be returned to the User within a reasonable period.
   5. 7.8.5. The User hereby waives any right to contest or challenge Sooq Althahab’s authority to freeze, liquidate, or otherwise dispose of assets in accordance with this clause, provided that actions are taken in good faith and in compliance with these Terms and Conditions.
   6. 7.8.6. This clause is intended to ensure the protection of the Platform’s financial integrity, compliance with regulatory obligations, and continuation of secure operations for all users.

8. Confidentiality and Data Privacy

1. 8.1. Users agree to maintain the confidentiality of all transaction details, agreements, designs, pricing, proprietary information, and any other sensitive data obtained through the platform.
2. 8.2. The platform is committed to protecting user data and complies with applicable data protection laws, including Bahrain’s Personal Data Protection Law (PDPL) and the General Data Protection Regulation (GDPR), where applicable.
3. 8.3. Users consent to the collection, storage, and processing of their data for purposes related to transaction processing, dispute resolution, compliance with legal and regulatory obligations, and platform improvements.
4. 8.4. The platform does not sell, trade, or share personal or business data with third parties for marketing purposes without explicit user consent.
5. 8.5. Users agree to the following confidentiality obligations:
   1. 8.5.1. Confidential Information: Users acknowledge that confidential information includes but is not limited to business processes, pricing structures, trade secrets, design details, customer data, transaction records, and any non-public platform-related information.
   2. 8.5.2. Non-Disclosure: Users shall not disclose, share, reproduce, or use confidential information outside of its intended purpose or beyond what is permitted by the platform.
   3. 8.5.3. Limited Access: Users shall ensure that confidential information is only accessible to authorized individuals and that reasonable precautions are taken to prevent unauthorized access.
   4. 8.5.4. Duration of Confidentiality: Users agree that confidentiality obligations shall remain in effect during their engagement with the platform and continue beyond account termination for a specified period as determined by the platform.
   5. 8.5.5. Permitted Disclosures: Confidential information may only be disclosed if legally required (e.g., government or court order) or with explicit written consent from the disclosing party.
   6. 8.5.6. Intellectual Property Protection: Users shall not copy, modify, or misuse designs, proprietary methods, trade secrets, or any intellectual property shared within the platform.
   7. 8.5.7. Consequences of Breach: Any unauthorized disclosure or misuse of confidential information may result in account suspension, legal action, financial penalties, and liability for damages.
6. 8.6. If a user is found to have improperly disclosed confidential information, the platform reserves the right to take legal action, suspend the user’s account, and seek compensation for damages.
7. 8.7. The platform employs industry-standard security measures to safeguard user data but cannot guarantee complete protection against cyber threats. Users are encouraged to use strong authentication methods and report any security breaches immediately.
8. 8.8. In the event of a data breach affecting user information, the platform will notify affected users in accordance with applicable legal requirements.

9. Dispute Resolution

1. 9.1. Users agree to first attempt to resolve any disputes through direct negotiation with the involved party before escalating the matter to the platform.
2. 9.2. If direct negotiation fails, users must submit the dispute to the platform for internal mediation, where the platform will facilitate discussions and propose a resolution within 30 days of receiving the dispute request.
3. 9.3. If mediation does not result in a resolution, disputes will be referred to binding arbitration under Bahraini law.
4. 9.4. The arbitration process will be conducted by a neutral arbitrator appointed by the platform or an agreed third-party arbitration service, and the decision will be final and legally binding on all parties.
5. 9.5. Users waive their right to file a lawsuit in any court jurisdiction unless required by law, and they agree that arbitration shall be the exclusive method of resolving disputes related to the platform, services, or agreements.
6. 9.6. The costs of arbitration shall be borne by the losing party, unless otherwise decided by the arbitrator.
7. 9.7. Claims of intellectual property infringement, fraud, or violations of confidentiality may be pursued through legal action without requiring arbitration.
8. 9.8. The platform reserves the right to suspend, restrict, or terminate any user account if a dispute arises regarding compliance with these Terms and Conditions.

10. Regulatory Compliance

1. 10.1. Users must provide accurate and complete information during registration and when conducting transactions on the platform to ensure compliance with legal and regulatory requirements.
2. 10.2. All users must comply with the Kingdom of Bahrain’s laws and regulations, including but not limited to:
   1. 10.2.1. Anti-Money Laundering (AML) and Counter-Financing of Terrorism (CFT) regulations.
   2. 10.2.2. Personal Data Protection Law (PDPL) and other applicable data privacy laws.
   3. 10.2.3. Trade and financial regulations for the sale, purchase, and transfer of precious metals and stones.
3. 10.3. Users may be required to undergo Know Your Customer (KYC) and Know Your Business (KYB) verification, including identity and business validation, prior to transacting on the platform.
4. 10.4. The platform reserves the right to suspend or terminate user accounts that fail to meet regulatory requirements or provide false, misleading, or incomplete information.
5. 10.5. All transactions must comply with local and international trade and financial laws, and users must ensure that their funds and assets do not originate from illegal activities.
6. 10.6. The platform may report suspicious activities to relevant regulatory authorities without prior notice to the user if such activities raise concerns regarding financial crimes or violations of applicable laws.
7. 10.7. Users must ensure that all precious metals and stones sold, purchased, or stored through the platform are properly certified, legally sourced, and in compliance with trade regulations.
8. 10.8. The platform is not liable for legal violations committed by users, and users assume full responsibility for ensuring their compliance with applicable laws.

11. Liability and Indemnification

1. 11.1. The platform provides its services on an "as-is" and "as-available" basis and does not guarantee uninterrupted service, error-free functionality, or specific business outcomes.
2. 11.2. The platform is not liable for:
   1. 11.2.1. Losses arising from user disputes related to transactions, agreements, or services.
   2. 11.2.2. Defective, fraudulent, or misrepresented materials or products supplied by users.
   3. 11.2.3. Delays, disruptions, or failures caused by third parties, service providers, or unforeseen circumstances.
   4. 11.2.4. Financial losses, reputational damage, or indirect damages resulting from errors, omissions, or misuse of the platform.
3. 11.3. Users agree to indemnify and hold the platform harmless from any claims, damages, losses, legal fees, or liabilities resulting from:
   1. 11.3.1. Non-compliance with these Terms and Conditions or applicable laws.
   2. 11.3.2. Violations of intellectual property rights, privacy laws, or confidentiality agreements.
   3. 11.3.3. Fraudulent transactions, misrepresentation, or disputes with other users.
   4. 11.3.4. Any legal actions taken against the platform due to the user’s actions or omissions.
4. 11.4. In cases where legal or regulatory action is taken against the platform due to a user's violation of the law, the platform reserves the right to recover financial damages, legal costs, and additional penalties from the responsible user.
5. 11.5. The platform's total liability, if any, shall be limited to the amount of fees paid by the user in the last three (3) months prior to the claim, except in cases of fraud or intentional misconduct by the platform.
6. 11.6. The Platform’s role as an agent under Wakalah is limited to the fulfillment of the Consumer’s order under the agreed terms. Sooq Althahab is not responsible for the merchantability or quality of the products provided by third-party vendors, unless it acts negligently or contrary to its duty as a Wakil.

12. Termination and Account Suspension

1. 12.1. The platform reserves the right to suspend or terminate any user account at its sole discretion if a user violates these Terms and Conditions, regulatory requirements, or engages in fraudulent or illegal activities.
2. 12.2. Users will be notified of the reason for suspension or termination and may submit an appeal within 14 days of receiving the notification.
3. 12.3. A user’s account may be suspended or terminated for reasons including, but not limited to:
   1. 12.3.1. Failure to comply with regulatory requirements such as AML, CFT, KYC, and KYB verification.
   2. 12.3.2. Misrepresentation or fraud in transactions, pricing, or product descriptions.
   3. 12.3.3. Breach of confidentiality, intellectual property rights, or privacy laws.
   4. 12.3.4. Failure to pay outstanding fees, penalties, or charges owed to the platform.
   5. 12.3.5. Repeated disputes or unresolved claims filed by other users.
   6. 12.3.6. Engaging in unethical, deceptive, or harmful business practices.
4. 12.4. Users remain responsible for any outstanding financial obligations incurred before the termination or suspension of their account.
5. 12.5. If an account is terminated, the platform may:
   1. 12.5.1. Restrict access to stored data, ongoing transactions, or financial records.
   2. 12.5.2. Withhold pending payments until disputes or outstanding charges are resolved.
   3. 12.5.3. Take legal action against users found to have engaged in serious violations.
6. 12.6. The platform reserves the right to retain user data for a reasonable period as required by law, even after account termination.
7. 12.7. Users may request voluntary account termination, but they must settle any active agreements, pending transactions, or financial obligations before the request is processed.

13. Force Majeure

1. 13.1. No party shall be liable or deemed to have defaulted under or breached this Agreement for any failure or delay in fulfilling or performing any obligation (except for payment obligations) when such failure or delay is caused by events beyond the impacted party’s (“Impacted Party”) reasonable control, including but not limited to the following Force Majeure Events:
   1. 13.1.1. Acts of God;
   2. 13.1.2. Natural disasters including fires, explosions, earthquakes, hurricanes, flooding, storms, infestations, fog, or extreme weather conditions;
   3. 13.1.3. Epidemics or pandemics;
   4. 13.1.4. War, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, or other civil unrest;
   5. 13.1.5. Government orders, laws, or regulations;
   6. 13.1.6. Embargoes, blockades, or trade restrictions in effect on or after the date of this Agreement;
   7. 13.1.7. Actions by any governmental authority that directly impact the performance of obligations;
   8. 13.1.8. National or regional emergencies;
   9. 13.1.9. Strikes, labor stoppages, slowdowns, or other industrial disturbances;
   10. 13.1.10. Loss or malfunction of utilities, transportation, or critical infrastructure, including power outages, internet failures, or cyberattacks;
   11. 13.1.11. Illegal acts by individuals or crowds that disrupt operations or the execution of contractual obligations;
   12. 13.1.12. IT and hardware outages affecting the platform's operations, including failures in cloud infrastructure, data center malfunctions, cybersecurity breaches, or disruptions in third-party IT service providers.
2. 13.2. The Impacted Party shall provide written notice to the other party within one (1) day of the Force Majeure Event, specifying the expected duration, its impact, and any mitigating actions being taken.
3. 13.3. The Impacted Party shall make reasonable efforts to reduce the effects of the Force Majeure Event and resume the performance of its obligations as soon as reasonably possible after the event is resolved.
4. 13.4. If the Force Majeure Event continues for more than 30 consecutive days, either party may terminate the affected agreement(s) without penalty.
5. 13.5. The platform reserves the right to suspend or modify its services in response to a Force Majeure Event if necessary to ensure security, compliance, or operational stability.

14. Amendments

1. 14.1. The platform reserves the right to modify, update, or amend these Terms and Conditions at any time, provided that users are given prior notice of any material changes.
2. 14.2. Users will be notified of amendments through email, platform notifications, or an official announcement on the platform’s website at least 30 days before the changes take effect.
3. 14.3. Continued use of the platform after the effective date of any amendments constitutes acceptance of the revised Terms and Conditions.
4. 14.4. If a user does not agree with the proposed amendments, they may terminate their account or request a review within the notice period.
5. 14.5. Any amendments required by law, regulation, or security policies may take effect immediately, without prior notice.
6. 14.6. The platform is not responsible for a user’s failure to review amended terms, and it is the user’s responsibility to stay updated on the latest Terms and Conditions.

15. Governing Law

1. 15.1. These Terms and Conditions, along with any disputes arising from or related to the platform, shall be governed by and construed in accordance with the laws of the Kingdom of Bahrain.
2. 15.2. Any disputes that cannot be resolved through negotiation or arbitration shall be subject to the exclusive jurisdiction of the courts of the Kingdom of Bahrain.
3. 15.3. Users agree to waive any objections to jurisdiction, venue, or inconvenient forum with respect to legal proceedings initiated in Bahrain.
4. 15.4. If any provision of these Terms and Conditions is found to be unenforceable or invalid under Bahraini law, the remaining provisions shall continue to be fully enforceable.
5. 15.5. The platform reserves the right to comply with local, regional, and international laws and regulations, including those related to financial transactions, data protection, and consumer rights.