SkyhighTEX Terms and Conditions
SKYHIGHTEX, a brand owned by SkyhighTEX for Technology duly incorporated and validly existing under the laws of Kingdom of Bahrain (hereinafter referred to as “SKYHIGHTEX”)
- The merchant must be 18 years of age or older, or have reached the age of majority in accordance with the laws and regulations governing the country from which the service is used
- The merchant must register with SKYHIGHTEX to use the service and take advantage of it by writing the full name as it appears in the official papers, mobile number, correct email and any required information as shown in the registration form and SKYHIGHTEX has the right to reject the request to create any account.
- SKYHIGHTEX has the right to use the email address or registered telephone (fixed or mobile) number as a primary method of communication.
- The merchant is responsible for keeping his / her password secure.
- SKYHIGHTEX is not responsible for any loss or damage that occurs as a result of forgetting and not maintaining the security of the account and password.
- The merchant is responsible for all activities and legal or illegal content such as data, graphics, images and links that are uploaded under his / her account in SKYHIGHTEX’s platform (“Store Content”). Also the merchant shall not and will not allow virus, worms, or any symbols of a destructive nature should be transmitted through his account to SKYHIGHTEX platform or the internet.
- It is the merchant’s responsibility to maintain the adherence to the law and regulations of the government of the country he or she is operating from. Any violation to the law or its regulations, it is solely the merchant’s responsibility.
- By subscribing to SKYHIGHTEX’s platform, the merchant agrees to be fully responsible in front of courts of the Kingdom of Bahrain or any other country where he / she is operating from.
- The subscription to SKYHIGHTEX’s platform will be approved using a valid mobile number registered in the Kingdom of Bahrain or the country the merchant is operating from. The mobile number will be provided by the Merchant through SKYHIGHTEX’s registration page (https;//skyhightex.com).
- The merchant is fully responsible in front of the law and courts of the Kingdom of Bahrain, or the courts of the country he / she is operating from, for the information validity provided through the registration page such as, but not limited to, Merchant Name, CR name, CR number, CPR number, Account details, phone numbers, addresses and all other details.
- SKYHIGHTEX reserves the right to apply charges not previously charged, change its pricing policy, change its packages, hosting locations, programming or any set up without prior notice.
- For the avoidance of doubts and for information the Merchant or any other user, SKYHIGHTEX uses the internet network, a man made application (SKYHIGHTEX Platform), Amazon Hosting Services (AWS) and other technologies to provide the service through its platform; hence service interruption or even loss of service may occur due to many reasons such as but not limited to internet service interruption, applications errors, loss of AWS services or any other reason; accordingly SKYHIGHTEX does not guarantee any kind of service level, and does not guarantee service availability, and does not guarantee service stability and it is at the merchant own discretion and own risk to decide to use SKYHIGHTEX platform; the Merchant or any other user, hence, has no right to claim any monetary or non-monetary damages or compensation from SKYHIGHTEX or SkyhighTEX what-so-ever the reason might be.
- SKYHIGHTEX does not have the right to claim intellectual property rights over the content that you upload to SKYHIGHTEX, and all content you upload is owned by you and does not understand that exemption from compliance with the terms and conditions of SKYHIGHTEX or the lack of accountability when committing a violation.
- Provided that the Merchant has paid all pending installments and is not in breach contract with SKYHIGHTEX, he / she may request to terminate his presence on SKYHIGHTEX’s platform by writing to SKYHIGHTEX’s customer services email. SKYHIGHTEX may take up to 30 days to execute such requests
- When content is uploaded to the store on SKYHIGHTEX’s platform, the merchant agrees to:
- Allow other Internet merchants or users to view and interact with the store’s content.
- Allow SKYHIGHTEX to view and save your store content.
- SKYHIGHTEX has the right to review, delete or block unlawful content from the Merchant’s store, without notice, once it is brought to SKYHIGHTEX n’s team attention.
- It is the merchant responsibility to apply for the necessary permits to open an online store / shop and upload such content. The merchant is solely responsible for the legal implications of any violations to any local laws.
- SKYHIGHTEX will not disclose the merchant’s confidential information to third parties unless this is required during service provision and with prior consent and knowledge of the merchant.
- Confidential information includes any material or information that the merchant provides through SKYHIGHTEX’s platform that is not publicly known. The confidential information does not include the information that: (a) was available in the public domain at the time we received it (b) it entered into the public domain after receiving SKYHIGHTEX without any error from the side of SKYHIGHTEX (c) receiving SKYHIGHTEX from someone other than you without breach Of our or their obligations or confidentiality; or (d) required to be disclosed by law. SKYHIGHTEX has the right to open license to use the names, trademarks, service marks and logos associated with the merchant’s store to promote the service
Terms of Fees and Payment:
- Merchant must keep a valid payment method on a file with SKYHIGHTEX for the payment of all incurred and recurring Fees. SKYHIGHTEX will charge applicable Fees to any valid payment method that is authorized by the merchant (“Authorized Payment Method”), and SKYHIGHTEX will continue to charge through the Authorized Payment Method for applicable Fees until the merchant request to terminate the service, and any and all outstanding Fees have been paid in full. Unless otherwise indicated.
- Subscription Fees are paid in advance and will be billed in 30 day intervals for monthly packages and 365 day intervals for Yearly packages (each such date, a “Billing Date”). SKYHIGHTEX reserves the right to charge a Payment Gateway Facility Fees of 5% as Additional Fees at SKYHIGHTEX’s discretion.
- The Merchant will be charged on each Billing Date for all outstanding Subscription Fees that have not previously been charged or paid. Subscription Fees will appear on Merchant’s invoice issued by SKYHIGHTEX, which will be sent to the Shop Owner via the email address provided. As well, an invoice will appear on the Account page of the Merchant’s Store’s administration console. Users have 14 days to bring up and settle any issues with the billing of Subscription Fees.
- If SKYHIGHTEX becomes unable to process payment of Fees using a Provided or Authorized Payment Method, SKYHIGHTEX shall make a second attempt to process the Fees payment three (3) days later. Should the second attempt fails too, a third (3rd) and final attempt will be made another three (3) days. Should the third payment attempt fails too, SKYHIGHTEX shall suspend the merchant or user account and revoke its access and terminate the Services. Merchant Account will be reactivated upon once payment of any outstanding Fees are settled as well as the Fees of the applicable next billing cycle. Merchant or users will not be able to access his / her Account or online shop during any period of suspension. If the outstanding Fees remain unpaid for a period of sixty (60) days following the date of suspension, SKYHIGHTEX reserves the right to delete the merchant or user Account.
- You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of SKYHIGHTEX’s products and services. To the extent that SKYHIGHTEX charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption. Tax exemption will only apply from and after the date we receive evidence satisfactory to SKYHIGHTEX of your exemption. If you are not charged Taxes by SKYHIGHTEX, you are responsible for determining if SKYHIGHTEX are payable, and if so, self-remitting SKYHIGHTEX to the appropriate tax authorities in your jurisdiction.
- All sums of money or fees that are payable by the Merchant or user to SKYHIGHTEX, shall be paid without any deductions whatsoever. Other than Taxes charged by SKYHIGHTEX to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. SKYHIGHTEX shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
Limitation of Liability:
Merchant and / or user expressly understand and agree that, to the extent permitted by applicable laws, SKYHIGHTEX 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 of or inability to use the Service.
In no event shall SKYHIGHTEX or our suppliers be liable for lost revenue or profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). Merchant or user agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, SKYHIGHTEX partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference or your violation of any law or the rights of a third party.
You expressly understand and agree that you take the responsibility to abide with the rules of the Kingdom of Bahrain issued by the Ministry of Commerce, Central Bank of Bahrain, Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
SKYHIGHTEX does not warrant that the Services will be uninterrupted, timely, secure, or error-free. SKYHIGHTEX does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
SKYHIGHTEX does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
Cancellation of Subscription:
- When either party terminates the services for any reason:
- SKYHIGHTEX will stop providing services to the merchant and will no longer be able to access their account.
- Any balance due to SKYHIGHTEX as a result of your use of the services through the date of this termination will immediately become fully payable and the merchant’s website services will be stopped immediately.
- If the end date of the service comes and there are fees that the merchant has not paid, one final invoice will be sent via email. After paying the bill in full, the merchant will not be charged again.
- Either party has the right to terminate this contract by written letter 30 days in advance.