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Terms and conditions

General Terms and Conditions for Use of the Platform

Purpose
These General Terms and Conditions (“Terms and Conditions”) regulate the legal relationship between the Platform and the end user. These Terms apply to the user’s access to or use of the Platform through the website or the mobile application. Access to or use of the Platform shall be deemed as the user’s explicit acceptance and full commitment to be bound by these Terms governing the relationship between the parties.

Definitions

  • Platform: Refers to the electronic platform owned by Next Generation for Electronic Solutions, Services, and General Trading.
  • User: Any person who registers or uses the Platform.
  • Seller: Any third party authorized to display and sell its products or services through the Platform, in accordance with the prescribed Terms and Conditions and in compliance with applicable laws and regulations.
  • Services: All electronic services provided by the Platform, including sales, delivery, support, advertisements, and others.

Registration and Account

  • The User must register on the Platform to benefit from the available Services.
  • The User must provide accurate registration data, including full name, full Iraqi phone number, email address (optional), and address. The User shall bear sole civil and criminal liability in case of entering incorrect, misleading, or falsified data.
  • The User is directly and solely responsible for the confidentiality of their registration data. The Platform assumes no liability if such data is leaked due to misuse by the User.

Personal Data and Privacy

  • The Platform has the right to collect data relating to the User for registration, service provision, communication, and relationship management purposes.
  • The Platform may access, collect, and store data related to searches, views, downloads, purchases, and may collect third-party data from payment, shipping, advertising companies, and merchants within legal limits to enhance services, improve user experience, process and deliver orders, provide support, prepare financial reports, auditing, and ensure compliance with Iraqi laws, Platform policies, and fraud detection.
  • The User consents to the Platform’s use of cookies to enhance the experience, customize ads, and save preferences. The User also agrees to the Platform and its relevant third parties using such files for financial, commercial, operational, auditing, and marketing analyses, and for recommending products or services of potential interest.
  • The Platform may share data with payment, shipping, advertising companies, and others to enable service provision, and share information with authorities pursuant to a lawful subpoena, court order, or government directive.
  • The Platform undertakes to apply the necessary technical and procedural measures to protect user and third-party data and prevent unauthorized access. In case of security breaches, the Platform commits to notify users and third parties.
  • The User has the right at any time to access, amend, object, request deletion of their account, or unsubscribe from marketing communications.

Account Deletion, Suspension, and Termination of Services

  • The User may delete their account at any time through website or app settings, resulting in deletion of their data from Platform servers and removal of order and browsing history, except where retention is required for legal or archiving purposes.
  • The Platform may suspend or terminate services or accounts at its sole discretion and immediately for the following reasons:
  1. Providing false, misleading, or falsified registration data.
  2. Using the Platform or its Services, including listed products or ads, unlawfully or in violation of policies, committing or attempting fraud, or attempting to hack Platform systems or security. The User bears civil and criminal liability.
  3. Serious breach of obligations under these Terms.
  4. Violation of intellectual property rights under Clause 8.

Orders, Payment, and Delivery
All orders, payments, and deliveries are subject to Platform policies and procedures as follows:

  • Orders are placed through the shopping cart on the app or website.
  • Payment is either on delivery or via the Platform’s authorized electronic payment providers only.
  • Orders are delivered within five (5) official business days, except in cases of force majeure under Clause 10.
  • The User is responsible for verifying payment amounts and signing the delivery list.

User Obligations

  • The User shall comply with Iraqi laws, regulations, and Platform policies when using Services.
  • The User shall refrain from:
  1. Using or publishing any abusive or unlawful content or content contrary to Platform policies.
  2. Violating the intellectual property rights of the Platform or its licensed partners.
  3. Attempting unauthorized access to the system.
  • The Platform reserves the right to suspend or terminate services or accounts if the User breaches this clause.

Intellectual Property Rights

  • All trademarks, images, designs, texts, and software are the property of the Platform or its licensed partners. Use, publication, or reproduction without prior written consent is prohibited.
  • For this clause, “Intellectual Property” means all trademarks (registered or unregistered), inventions, patents (registered or unregistered), copyrights, registered or unregistered designs, know-how, and all intellectual property rights owned under law.

Amendments
The Platform may amend its policies, Terms, and Conditions without prior notice at any time. Customers and users will be notified by email or app notifications. Amendments become effective immediately.

Force Majeure

  • The Platform is not liable for delays, failures, or defaults resulting from force majeure.
  • “Force Majeure” means any event beyond the Platform’s reasonable control that could not be foreseen or prevented without unreasonable costs or loss of significant time. Events include, without limitation: natural disasters, fires, floods, extreme weather, accidents, wars, revolutions, riots, sabotage, explosions, strikes, labor disputes, shortages of energy, materials or components, or government orders, laws, or regulations.

Indemnification and Liabilities

  • The User bears full legal, civil, and criminal responsibility for any breach of these Terms or applicable Iraqi laws.
  • The User undertakes to indemnify and hold harmless the Platform, its affiliates, officers, employees, agents, service providers, and Sellers from any claims, actions, losses, damages, costs, or expenses (including attorney’s fees) arising directly or indirectly from:
  1. Unlawful use of the Platform or its Services.
  2. Submission of misleading, incorrect, or falsified data.
  3. Violation of intellectual property or other legal rights of the Platform or third parties.
  4. Breach of obligations under these Terms.
  • The indemnity extends to all claims made by third parties against the Platform relating to the User’s acts or omissions.
  • The indemnity obligation survives suspension or termination of the User’s account.

Limitation of Liability

  • The Platform shall not be liable for any direct or indirect damages from use of the Platform, to the extent permitted by law.
  • The Seller or service provider is solely responsible for the quality of products or services, their conformity with descriptions and recognized standards. The Platform, acting only as an intermediary, assumes no responsibility for such matters.

Governing Law and Jurisdiction

  • These Terms and Conditions are governed by the laws and regulations of the Republic of Iraq.
  • Disputes shall be referred to the competent Iraqi courts in Baghdad.

Communication
Official communication between the User and the Platform shall take place via:

  • Phone: 7576
  • WhatsApp: +9647844447576
  • “Contact Us” page on the website or mobile application.

Acceptance of Terms and Conditions
By registering on the Platform, the User acknowledges, declares, confirms, and undertakes that they have read, fully understood, and explicitly accepted these Terms and Conditions without reservation, and that with full legal capacity they agree to be bound by all provisions herein. The User also undertakes not to misuse the Platform or related Services. The User bears sole civil and criminal liability for any breach of obligations or applicable Iraqi laws, and agrees that breach of obligations entitles the Platform to suspend or terminate services or take legal or administrative action without any liability on the Platform, the company, or the Seller.