Terms and Conditions
These terms and conditions (the “Terms”) govern the provision of Services (defined below) and the use of the website https://retailo.co/ (the “Website”), the Hisaab app, Retailo app or software, other applications or software to be used in conjunction with the Hisaab app, and any ancillary services, applications, or software we may offer for download or use through the Website (the “Application(s)”) offered by Retailo Technologies Holding Limited, a holding company incorporated under the laws of Abu Dhabi Global Market with company number 000004616, acting and operating through its subsidiaries in Pakistan, Saudi Arabia, United Arab Emirates, or wherever geographically you make the use of the Services (hereinafter referred to as “Retailo”, “us”, “our”, “we”, or “Company”) and utilised, accessed, or used by you (hereinafter referred to as “user”, “users”, “you”, or “your”, as the context may permit).
Your access and use of our Website, Application, Services, and/or Products (collectively the “Hisaab Services”) constitutes your agreement to accept and be bound by these Terms. If you do not agree to these Terms, you may not access or use the Hisaab Services. These Terms expressly supersede prior agreements or arrangements with you. Hisaab may immediately terminate these Terms or any of the Hisaab Services with respect to you, or generally cease to offer or deny access to the Hisaab Services or any portion thereof, at any time for any reason whatsoever.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the Services from time to time. Supplemental terms are in addition to, and shall be deemed to be a part of, our Agreement with you. It is being clarified that the Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the Services.
We may amend these Terms related to the Hisaab Services from time to time. Amendments shall be effective upon Hisaab’s posting of such updated Terms on our Website or the amended policies or supplemental terms for the Hisaab Services or part thereof. Your continued access or use of Hisaab Services after such modifications and amendments constitutes your consent and acceptance to be bound by those Terms.
The headings of the clauses, section, schedules etc. herein are for reference only and shall not affect the interpretation.
To get access to Hisaab Services, you will require to register an account (the “Hisaab Account” or “Account”) on Hisaab. The users can download Hisaab directly from Google Play Store. The users’ login credentials for Hisaab shall work across other Company’s applications (e.g. Retailo app); however, the users may be requested additional information. If the user is already signed in the Retailo app, Hisaab will automatically retrieve the login credentials and logs the user in. Our Services for user are directed towards individuals of and above eighteen (18) years of age and we do not intend to provide Services to user below this age. Account registration may require you to submit to us certain personal information, i.e., name, address, contact number, age, government-issued identity card, or photograph, if required. In certain instances, you may be asked to provide proof of identity to access or use our Services, and you agree that you may be denied access to or use of our Services if you refuse to provide proof of identity. Thereafter, you agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the Services or Hisaab’s termination of these Terms with you.
Unless otherwise permitted by us in writing, you may only possess only one Hisaab Account. You can register up to five (5) businesses using one (1) Account, each business may have unlimited entries for the ledger. You are fully responsible for all activities that occur under your Account whether or not such use was authorized by you. You must immediately notify us at firstname.lastname@example.org of any unauthorized use of or access to your Account or any other breaches of security. You acknowledge and agree that Hisaab shall not be held liable for any acts or omissions by you including, without limitation, any damages of any kind incurred as a result of such acts or omissions. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable and prevalent laws when using our Services and you may only use our Services for lawful purposes (e.g., not for sales of illegal or hazardous substances). You shall not, in your use of our Services, cause nuisance, annoyance, inconvenience, property damage etc., whether to the user, user, or any other party.
You may use your Account to upload data, information, material, and documents for verification (the “ Content”). Subject to these Terms, your Content may be used in any manner that has been authorized by you. You acknowledge and agree that Hisaab has no liability of any kind against any individual (whom you had given access to your Account to do so) that modifies, destroys, corrupts, copies, or distributes your Content.
You further agree and acknowledge that Hisaab shall always reserve the right, but not an obligation, to remove the Content that may be unlawful or may violate these Terms at any time, with or without notice.
Hisaab may, in its discretion, permit you from time to time to submit, upload, publish, or otherwise make available to us through our Services content and information including, without limitation, comments and feedback related to our Services, initiation of support requests, and submission. If you submit feedback, opinions, or provide suggestions (the “Feedback”), you acknowledge and agree that: (a) we shall not be under any obligation of confidentiality, whether express or implied, regarding the Feedback; (b) we shall have the right to use or disclose the Feedback for any purpose in any way we deem fit; (c) the Feedback once posted shall become our intellectual property; and (d) any Feedback that you provide with regards to your use of the Services is entirely voluntary and we shall have full freedom to use the Feedback without any obligation to you.
You represent and warrant that: (i) you either are the sole and exclusive owner of all the Content or you have all rights, licenses, consents and releases necessary to grant Retailo the license to the Content as set forth above; and (ii) neither the Content nor your submission, uploading, publishing or otherwise making available of such Content to Hisaab or Hisaab’s further use of the Content as permitted herein; will infringe, misappropriate, or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide the Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as may be determined by Hisaab in its sole discretion, whether or not such material may be protected by law. Hisaab may, but shall not be obligated to, review, monitor, or remove the Content at Hisaab’s sole discretion and at any time and for any reason with or without notice to you.
Your use of our services
Subject to your agreement and compliance with these Terms, we only grant a limited, non-exclusive, non- perpetual, revocable, non-sub-licensable, non-transferable license to (i) access and make use of the Services and Application on your personal device solely in connection with your use of our Services; and (ii) access and use any content, information, and related materials that may be made available through our Services; in each case solely for your personal use. Any rights not expressly granted herein are reserved by Hisaab and/or Retailo.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Application in any way; (ii) modify or make derivative works based on the Application and/or the intellectual property; (iii) create internet “links” to the Application or “frame” or “mirror” the Application on any other server or wireless or internet-based device; (iv) reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the Application, or (c) copy any ideas, features, functions, or graphics of the Application; (v) launch an automated program or script including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application; (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (vii) post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; and (viii) remove any copyright, trademark or other proprietary rights notices contained in the Services.
You may use the Application only for your valid legal business’ use, and shall not use the same to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material including but not limited to, materials harmful to children or in violation of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (v) attempt to gain unauthorized access to the Application or its related systems or networks; and (vi) use the Services in or for any unlawful or fraudulent activities by either impersonation of another person or entity or through misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse or deceive others.
If you violate any of these Terms, your access to our Website and/or Services may be terminated immediately and without notice. Hisaab shall further reserve the right to take any remedial action available under the applicable law including, without limitation, immediate suspension or termination of the Services and access to your Account.
Intellectual property rights
The Website, Application, Hisaab’s logo, and any and all other marks indicated on the Website, or the Application are our intellectual property (whether registered or not). Our graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress and shall not be used in connection with any product that does not belong to us or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks that appear on the Website or Application, if any, are the property of their respective owners. We do not take responsibility for the actions of such respective owners, who are solely responsible therefor at law.
All such intellectual property rights, whether registered or unregistered, and the Website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code, and the Application itself shall always remain our sole property. The entire contents of the Hisaab Services also are protected by copyright as a collective work under applicable copyright laws and international conventions.
Unless otherwise specifically provided herein or authorized by Hisaab in writing, all rights in the Website or the Services not expressly granted herein are reserved by us. You agree not to copy, republish, reproduce, download, distribute, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the intellectual property or create derivative works based on the intellectual property.
Disclaimer of warranties
By accepting these terms or using the Hisaab Services, you agree and acknowledge that:
except as expressly provided herein, the Website, Application, and all components and information forming part of the Hisaab Services are provided on an “as is” and “as available” basis, with all faults and without any warranties of any kind, and Hisaab hereby expressly disclaims all warranties and conditions with respect to the Hisaab Services and anything related thereto, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services.
we do not warrant that the Services shall be uninterrupted, secure, or error-free. The Application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range, switched off, or not otherwise functioning.
you use the Services at your own risk and that the entire risk arising out of your use of the Services or in connection therewith, remains solely with you.
Limitation of liability
In no event, Hisaab shall be liable for any direct, indirect, consequential, punitive, special, or incidental damages including, without limitation, damages for loss of business, contract, revenue data, information, or business interruption, under any theory of liability, resulting from, arising out of, or in connection with the Website, Application, Services, or the Products, even if Hisaab has been advised of the possibility of such damages. Hisaab shall not be liable for any damages, including, but not limited to, (i) the use, or inability to use the Website, Application, and the Services for any reason; (ii) your use or reliance on the Hisaab Services; (iii) for delay or failure in performance resulting from causes beyond Hisaab’s reasonable control; (iv) the statements or actions of any third party on or through the Website or the Services including, without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (v) any unauthorized access to or alteration of your transmission or data; (vi) any failure to store data, any loss of data, loss or damage of files, and the Content available through the Website or the Services; and (vii) any non-performance, delay, error, data loss, or other loss caused by any events or conditions that are beyond the reasonable control of Hisaab. You agree that neither Hisaab nor its affiliates will be liable to you in any way for the termination, suspension, interruption, or delay of any of the Website, Products, or the Services. Notwithstanding anything herein to the contrary, the aggregate liability of Hisaab for damages in connection with these Terms, whether for breach of contract or in tort shall not exceed an aggregate of United States Dollar (US$) one hundred (100). The foregoing shall not apply to the extent prohibited by applicable law.
The limitations and disclaimers in this section or the Terms do not purport to limit liability or alter your rights as a consumer that cannot be excluded under the applicable law.
You agree to indemnify and hold harmless Hisaab and/or the Company, its affiliates, licensors and licenses, its contractors, officers, directors, agents and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgement, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party including the assessment, claim, or demand arising out of or in connection with (i) your use of the Hisaab Services; (ii) your breach or violation of these Terms; or (iii) your violation of the rights of any third party, including the user’.
You may not assign any rights or delegate your obligations under these Terms without our prior written consent. We may, however, assign the rights and obligations under the Terms in its entirety, including all terms and conditions incorporated herein, without your consent.
If any provision of these Terms is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties intentions as reflected in that provision, and the remaining provisions contained herein shall continue in full force and effect.
No waiver of any breach of any provision of these Terms shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of the Terms.
Governing law and arbitration
This Agreement shall be governed by and construed in accordance with the applicable and prevalent laws of England and Wales, without regard to the conflict of law provisions thereof. You irrevocably agree that the courts of Abu Dhabi Global Market have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement including a dispute relating to the existence, validity, or termination of this Agreement or any non- contractual obligation arising out of or in connection with this Agreement, and any proceedings arising out of or in connection with this Agreement shall be brought in such courts.