Welcome to the ZAISH-UAE channel partnership, which offers a range of optional services for
channel partners, like Partnering with ZAISH, Onboarding Service Providers, Services offered
on ZAISH and Transaction Processing.
THIS ZAISH-CHANNEL PARTNER AGREEMENT (THE "AGREEMENT") IS AN AGREEMENT
BETWEEN YOU (YOU OR THE BUSINESS YOU REPRESENT) AND ZAISH AND CONTAINS
THE TERMS AND CONDITIONS THAT RULE YOUR ACCESS TO AND USE OF THE
SERVICES. YOU (FOR YOURSELF OR THE BUSINESS YOU REPRESENT) REGISTERING
FOR OR USING THE SERVICES MEANS AGREEING TO BE BOUND BY ZAISH TERMS AND
CONDITIONS, AS WELL AS THE SERVICE TERMS AND PROGRAM POLICIES THAT ARE
APPLICABLE IN THE UNITED ARAB EMIRATES FOR EACH SERVICE YOU ARE
REGISTERING FOR OR ELECTING TO USE.
According to this Agreement, "we", "us", and "ZAISH" refers to ZAISH LLC, the applicable
ZAISH Contracting Party and any of its relevant Affiliates, and "you", "Service Provider", and
"Channel Partner" refers to the applicants (if registering as an individual for or using a Service),
or the company using the applicant (if registering as a business for or using a Service) and any
of its Affiliates. The meaning of the Capitalised terms is given in this Agreement. For any
conflicts between these General Terms and the relevant Service Terms and Program Policies,
the General Terms will rule, and the relevant Service Terms will take precedence over the
You must finish the registration procedure for one or more of the Services before you can start
with the enrollment process. Only parties who can legally enter into and form contracts under
applicable Law are permitted to Use the Services (for example, a competent authority must
issue your business license, and child labour is strictly not allowed). You must provide your (or
your business's) legal name, address, contact number, email address, and any other necessary
information that we may require as a part of your application. We will manage any personal
information you give us under ZAISH'S Privacy Notice.
- Service Fee Payments; Receipt of Sales Proceeds
All information related to fees is available in the relevant Service Terms and Program Policies.
You are accountable for all costs associated with this Agreement. To use any of our Services,
you must provide us with accurate bank account details for a bank account or accounts that are
acceptable by ZAISH ( where you give ZAISH the authority to modify or discontinue the
conditions for acceptance at any time and without prior notice) ("Your Bank Account"). You can
use a name only when it is authorised to use in connection with the Service, and you'll make
any required updates to the information you give us in connection with the Services to keep it
consistently accurate, complete and valid. You permit us (and will submit any paperwork that
acts as evidence for your permission upon our request) to cross-check your information (
including any updated information), to periodically obtain credit reports about you, to request
credit authorisation from your Credit Card issuer, and to bill your Credit Card or debit any owed
amount from Your Bank Account (in reimbursement or otherwise). All payments made to you will
be sent to Your Bank Account through a banking network or other methods as specified by us.
In our sole discretion, we retain the authority to withhold any payments made to you if we
believe that your actions or performance could put ZAISH or third parties at risk of returns,
chargebacks, claims, conflicts, violations of our terms or policies, or other problems. For any
sum that we calculate you owe us, we reserve the right to (a) charge Your Credit Card or some
other payment methods you provide to us; (b) deduct any amounts you owe us (whether in
reimbursement or otherwise) from any payments we may remit to you or amounts we may owe
you; ( c) send you an invoice for any sums you owe us, and you will pay the invoiced sums on
receiving the receipt; (d) cancel any credits to Your Bank Account (and you give us the explicit
consent to do so); or (e) seek payments or reimbursement from you through any other legal
means. Any payments to you may be permanently withheld if we discover that your account has
been used to commit a dishonest, fraudulent, or illegal activity or repeatedly violate our Program
Policies. All amounts contemplated by this Agreement will be expressed and presented in the
Local Currency (AED), and all payments in regard to this Agreement will be made in the Local
Currency unless otherwise specified (AED).
We may, though not required to, impose transaction limits, on some or all customers and service
providers, as a security measure relating to any of the transaction values or disbursement, the
accumulative value of every transaction or disbursement during a specific timeframe, or the
number of transactions per day or a different timeframe. We will not be liable to you if we (i)
refuse to carry out a transaction or disbursement which is exceeding any limit set by us for a
security purpose or (ii) allow a customer to terminate a transaction because the ZAISH Platform
or a Service is unavailable after a transaction has commenced.
- Term and Termination.
These Agreement terms shall commence on the date when you successfully
register to use a
Service and shall continue until canceled by either you or us as provided below. You are free to
stop using any Service anytime by giving us notice through Channel Partner Central, email, the
Contact Us form, or other channels. With the 30 days prior notice, we have the authority to
terminate your use of any Service or end this Agreement. We hold the right to suspend or
terminate your Service usage immediately if we determine that.
You have materially violated the Agreement and have not cured the violation within
seven days of receiving a cure notice unless your offense puts us at risk of liability to a
third party when we are entitled to reduce or waive the seven days cure period at our
reasonable discretion; or
- Your account has been used for dishonest, fraudulent or unlawful
activity, or our controls
detect that it might be used for such action; or
- Your use of Services has affected, or our controls determined it may
help the legitimate
interests of other channel partners, clients or ZAISH. We will notify you about any such
suspension or termination through email or other similar channels, like Channel Partner
Central, specifying the cause and any option to appeal, except the situations where we
have the reason to believe that disclosing this information will obstruct the investigation
or prevention of dishonest, fraudulent, or unlawful activity, or will allow you to circumvent
our security measures. Upon termination of this Agreement, all related rights and
obligations under the Agreement will be instantly terminated, except that.
- You will still be held in charge of performing all your commitments
related to transactions
made before termination as well as any liabilities that accrued prior to or as a result of
- A few sections, including Sections 2, 3, 4, 5, 6, 7, 8, 12, 13, 14, and
17 of these General
Terms, will continue to apply.
You provide us with a royalty-free, non-exclusive, worldwide right and licence to use a single or
all of Your Materials for the Services or other ZAISH Services, as well as the right to sublicense
the aforementioned rights to our Affiliates and owners of ZAISH Associated Properties. We
agree not to modify any of Your Trademarks from their original state as provided by you (except
for re-sizing trademarks to an extent necessary for presentation so that the relative propositions
of such trademarks remain the same), and we will adhere to your removal requests as to
specific uses of Your Materials (provided you are unable to do so with standard functionality that
is made available for you through the applicable ZAISH platforms); provided further, however,
nothing in this Agreement with restrict or hinder our authority to use Your Materials without your
permission to the extent that doing so is prohibited by relevant Law without a license from you
or your Affiliates. (For example, fair use under copyright law, referential use under trademark
law, valid license from a third-party or service details and description you had provided).
Each party represents and warrants that:
- If it is a business, it must be legally formed, validly operating, and
in good standing under
the country or territory's Laws where the company is registered, and it must possess and
maintain all necessary registrations and other authorisations required to operate in that
country or region, and you must not be subject to any restrictions that would prevent you
from doing so;
- it possesses all necessary rights, powers, and authorisations to enter
Agreement, carry out its obligations under it, and grant the rights, licenses and approvals
outlined in it;
- Any information given or made accessible by one party to the other or
its Affiliates is
always authentic and complete;
- It is not subjected to sanctions or included on any prohibited or
restricted party list or
owned or governed by such a party, including but not restricted to the list regulated by
the UNSC (United Nations Security Council), the US Government (for example, the
Entity List maintained by the US Department of Commerce, the Specially Designated
Nationals list maintained by the US Department of Treasury, and the Foreign Sanctions
Evaders list), the EU (European Union) or its member states, or other applicable
- It will abide by all relevant Laws in performing its duties and
asserting its rights under this
- Your indemnification obligations
You agree to defend, hold harmless, and indemnify ZAISH, as well as our
workers, and agents, from any third-party claim, loss, settlement, damage, cost, expenditure, or
other liability (like, without limitation, attorneys fees) (each, a "Claim") resulting from or
- Your failure to abide by relevant laws;
- Your Sales Channels other than that of ZAISH Sites and ZAISH
Your Services, including the sale, offer, refund, fulfillment, cancellation, return, or
adjustments thereof, Your Materials, any museum or suspected violations of any
Intellectual Property Rights by any of the aforementioned, and any personal injury, death
(to the extent ZAISH is not responsible for the injury or death), or property damage
related to that;
- Your Taxes and duties or the collection, payment, or failure to
do so (collecting and
paying Your Taxes or duties), as well as any failure to comply with tax registration
requirements or duties; or
- Breaching of any representations you have made, whether accurate
- ZAISH's indemnification obligations
We will defend, indemnify, and hold harmless you and your officers,
directors, workers and
agents against any third-party claim arising from or related to:
- ZAISH's non-compliance with relevant Laws; or
- Allegations that the operation of a ZAISH site violates or harms
that third party's
intellectual property rights
If any indemnified Claim might seriously affect us, we may
voluntarily interfere in the
proceedings at our expense to the scope allowed by relevant Law. No party may allow the entry
of any judgment or enter into any settlement of an indemnified Claim without the other party's
prior written consent, which may not be unreasonably withheld; however, a party may settle any
claim that is solely directed at and exclusively affects that party.
- Disclaimer & General Release
- THE ZAISH SITES AND SERVICES, INCLUDING CONTENT, SOFTWARE, FUNCTIONS,
MATERIALS, AND INFORMATION THAT ARE MADE AVAILABLE ON OR ARE OFFERED IN
CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." AS A USER OF OUR
SERVICES, YOU USE THE ZAISH, THE SERVICES, AND CHANNEL PARTNER CENTRAL
AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY RELEVANT LAW, WE
AND OUR AFFILIATES DISCLAIM THE FOLLOWING:
- ANY REPRESENTATIONS OR WARRANTIES RELATED TO THIS AGREEMENT, THE
SERVICES OR THE TRANSACTIONS CONSIDERED BY THIS AGREEMENT, INCLUDING
ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR REASON, OR
- IMPLIED WARRANTIES ARISING DUE TO COURSE OF PRACTICE, COURSE OF
EXECUTION OR TRADE CONDUCT; AND
- ANY RESPONSIBILITY, LIABILITY, AUTHORITY, CLAIM OR REMEDIES IN TORT, NO
MATTER WHETHER THEY ARE ARISING FROM OUR NEGLIGENCE. WE DO NOT
WARRANT THAT THE FUNCTIONS PRESENT IN THE ZAISH SITES AND THE SERVICES
WILL MEET YOUR NEEDS OR WILL BE AVAILABLE TIMELY, SECURELY, UNINTERRUPTED
OR ERROR-FREE, AND WE WILL NOT BE ACCOUNTABLE FOR ANY SERVICE
INTERRUPTIONS, INCLUDING BUT NOT RESTRICTED TO SYSTEM CRASH OR OTHER
OBTRUSIONS THAT MAY DISRUPT THE RECEIPT, PROCESSING, ACCEPTANCE,
COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS.
- Limitation of Liability
WE WILL NOT BE HELD RESPONSIBLE ( WHETHER IN CONTRACT, WARRANTY, TORT (
INCLUDING NEGLIGENCE, SERVICE LIABILITY, ANY CIVIL RESPONSIBILITY, OR OTHER
THEORY), OR OTHERWISE) DO YOU OR ANY OTHER INDIVIDUAL FOR INDIRECT
DAMAGES LIKE COST OF COVER, RECOVERY, RECUPERATE ANY INVESTMENT MEAN
BY YOU ALL YOUR AFFILIATES IN RELATION WITH THIS AGREEMENT, OR FOR ANY
LOSS OF PROFIT MADE, REVENUE, BUSINESS OR DATA OR PUNITIVE OR
CONSEQUENTIAL DAMAGES ARISING DUE TO OR RELATED TO THIS AGREEMENT,
EVEN IF ZAISH HAS BEEN WARNED OF THE POSSIBILITY OF THOSE EXPENSES OR
DAMAGES. FURTHERMORE, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN
RELATION TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED WILL NOT
GO BEYOND AT ANY TIME THE TOTAL AMOUNTS DURING THE PREVIOUS 6-MONTH
PERIOD PAID BY YOU TO ZAISH CONCERNING THE SPECIFIC SERVICE GIVING RISE TO
- Tax Matters
As between the parties, you will be accountable for collecting, reporting and
paying one and all
of Your Taxes unless otherwise stated
- According to the relevant Law, ZAISH automatically calculate, collect
or pay taxes on your
- ZAISH explicitly consents to receive taxes or other transaction-based
payments on your
behalf concerning tax calculation services made available by us and used by you. You consent
to and will abide by the Tax Policies. You will abide by any relevant tax laws and fulfil all your
responsibilities to the tax authorities promptly and completely. All charges and payments
payable by you to ZAISH under this Agreement or the relevant Service Terms are confined to
any relevant taxes, deductions or withholding (including but not restricted to cross-border
withholding taxes), and you will be liable for paying ZAISH any of Your Taxes levied on such
charges and any deduction or withholding required on any payment
- Confidentiality and Personal Data
During the period of your use of the Services, you might get Confidential
Information, and you
consent to that for the term of the Agreement and five years after Agreement termination:
- All Confidential Information, except for customer personal data owned by
customers, will remain ZAISH's exclusive property;
- You will get access to Confidential Information only when it is
necessary for you to
participate in the Services;
- You can never disclose Confidential Information to any other individual
unless it is
required to abide by the relevant Law;
- You will apply all practical approaches to protect the Confidential
Information against any
usage or disclosure that is not expressly allowed in this Agreement; and
- You will retain Confidential Information only for a period when its
usage is necessary for
participation in the Services or the fulfilment of your legal obligations like tax, and in all
cases, you must permanently delete such information on termination or immediately
when it is no longer required for the fulfilment of legal obligations. The preceding clause
does not restrict your ability to share Confidential Information with a government entity
that has the authority over you, provided that you disclose only the part that is absolutely
necessary and make it clear to the government entity that the information shared is
confidential. You are not allowed to make any public announcements or press releases
about the Services, use our company's identity, trademarks, or logo (including in
advertising materials), or misrepresent or mislead the public about our collaboration with
you in any way. However, you may use the ZAISH Mark following the Trademark Usage
Guidelines, which are made available in Channel Partner Central. Without our prior
written consent, you are not allowed to use our name, trademarks, or logos in any
manner, including in promotional materials, that is not permitted by the Trademark
Usage Guidelines. Although you may use the customers' personal data as necessary to
fulfil Service requests but may not use any such customer information, including contact
information, or for some other purposes rather than fulfilling Service requests or
providing customer service related to a Service. In general, you may not use such data
in any manner inconsistent with relevant Law. You must always keep customer personal
information confidential at all times (the above-mentioned five years time limit is not
applicable for customer personal data).
- Force Majeure
Any delays or failures in carrying out our obligations under this Agreement
due to specific
reasons, incidents, or other matters outside of our reasonable control will not be the
responsibility of ZAISH.
- Relationship of Parties
According to the Transaction Processing Service Terms, you and we are
contractors, and practically nothing in this Agreement will give rise to a partnership, franchise,
joint venture, agency, sales representative, or employment relationship between us. You will
hold no rights in making or accepting any offers or representations on our behalf. This
Agreement will never create an exclusive connection between you and us. Nothing in this
Agreement, expressed, mentioned, or implied, is meant to grant anyone other than the parties in
connection with this Agreement any statutory or judicial right, solution, or claim under or in
relation to this Agreement. This Agreement is meant to be and is for the sole and exclusive
benefit of ZAISH, you, and your customers. It also includes all representations, warranties,
clauses, conditions, and provisions. In our relationship with you, you will be solely responsible
for every obligation to use any third-party service or feature you authorise us to use on your
site or somewhere else that would result in a conflict with anything in this section.
- Suggestions and Other Information
If you or either of your Affiliates chooses to provide or make available
improvements, suggestions, or any other feedback or material to us in relation to or related to
the ZAISH Site or Service (including any related Technology), we will be free to use, disclose,
modify, replicate, license, transfer, and otherwise share and exploit any of the aforementioned
information or materials in any way. We may access and disclose any information, including but
not confined to the user contact information, IP addresses and traffic data, usage history, and
posted content, in order to comply with legal requests, to safeguard our systems and customers,
or to ensure the integrity and proper operation of our business and systems. If we give any
advice regarding the use of Services, you are accountable for any actions you perform
depending on our advice.
- When making changes to the Agreement, we will
notify you at least 15 days in advance to
comply with Section 17
- However, we reserve the right to immediately alter
or amend the Agreement at any
- for legal, regulatory, prevention of fraud, and abuse, or other
- to modify current features or include new features in the
Services (to the extent where
this has no significant negative impact on your use of the Services);
- to prohibit products or actions we believe are unsafe,
offensive, or inappropriate.
According to Section 17, we will notify you about any modifications or adjustments.
- Any modification to this Agreement made in
accordance with this Section 14 shall be
deemed accepted upon your continued use of the Services following the effective date of the
modification. You may agree to cease using the Services and terminate the Agreement in
accordance with Section 3 if any change is unacceptable to you.
- Password Security
Any password we provide you is only valid for the duration of the Term to
Partner Central (or other tools, as applicable) to use the Services, accept Your Transactions
electronically, and review your completed transactions. Maintaining the confidentiality of your
password is your sole responsibility. Your password must only be shared with people you have
permitted to use your account in compliance with this Agreement and not disclose to any third
party other than that. You are also solely responsible for any use of or action performed under
your password. If the password has been compromised, you need to immediately update your
You will never provide any service, software or technology directly or
indirectly to any country,
corporation, individual, organisation or other entity in which providing such service is restricted
or prohibited, including any country, Corporation, individual, organisation, or other entity under
sanctions or prohibitions imposed by the United Nations, the US Departments of State, Treasury
or Commerce, the European Union or other applicable government authority.
The laws of the Dubai court shall regulate this Agreement and all of its terms and
conditions without respecting any principles of conflict of laws or the United Nations
Convention on Contracts for the international provision of services.
- Any dispute, claim, difference, or controversy arising out of, in
relation to or having any
connection with this Agreement with ZAISH or its Affiliates, including your use of the
Services, any conflict regarding its existence, validity, performance, interpretation,
breaching, or termination or the effects of its nullity, and conflict regarding any
non-contractual obligations arising out of or in connection with it, shall we submitted to
and resolved by arbitration following the DIFC-LCIA Arbitration Rules as adjusted from
time to time. The DIFC-LCIA Arbitration Rules will be followed in the appointment of the
sole arbiter. The Dubai International Financial Center will be a legal place for the
arbitration. English will be used as the language of the arbitral proceedings. Each of
ZAISH and you will acknowledge and agree that dispute resolution proceedings will be
performed individually and not in a class, consolidated or representative action.
- Without our prior written permission, you may not transfer this
Agreement by operation of
Law or otherwise. Any attempt to transfer or otherwise assign in violation of the section
is void; however, you may assign a transfer of this Agreement, wholly or partly, to any of
your Affiliates upon notice to ZAISH, provided that you continue to be responsible for
your obligations that arose before the assignment's effective date or assign according to
this Agreement. You agree that we may assign or transfer our rights and liabilities under
- in conjunction with a merger, consolidation, acquisition, sale,
or other similar
transaction involving all or nearly all of our assets; or
- to any of your affiliates or as part of a company restructuring;
and upon such
assignment, the assignee is considered to substitute for ZAISH as the party to
this Agreement. Subject to that limitations, this Agreement will be effective on,
inure to, and be enforceable against the parties and their respective heirs and
assigns. We may use one or more of our Affiliates to carry out any of our
responsibilities or execute any of our rights under this Agreement.
ZAISH reserves the right to immediately terminate any of Your Transactions, cease
access to the Services or take any other action to prevent or limit the availability of any
inaccurate information, pricing, media representations, improperly categorised services,
illegal services, or other services that are otherwise prohibited by applicable Program
- ZAISH will not represent as either party's agent in connection with
resolving any conflict
between participants involved in any transaction because ZAISH is not your agent (
aside from the specific purpose set out in the Transaction Processing Service Terms) or
the customer's agent for any purpose.
- Under this Agreement, ZAISH shall notify you of any changes by posting
them to Service
Provider Central or the relevant ZAISH Services site (like the Developer Site accessible
through your account) by sending you a notification via email or by other similar
methods. You must forward all notices and other communications in connection with
ZAISH to our Channel Partner Support team through Channel Partner Central, email, the
Contact Us form, or similar other channels. Although we may provide available
translations to this Agreement, the relevant Service Terms and Program Policies, the
English version will take precedence. To the extent that a translation is needed for any
purpose under relevant Law, only a translation prepared or arranged by us may be
trusted in any formal proceedings; however, it needs our prior written consent.
Throughout the Term, you agree that we may communicate with you in English.
- We may communicate with you via electronic means as well as other
media, and you
consent to such communications. If necessary, you can change your email address and
other specific details in Channel Partner Central. You will ensure that all your information
is updated and correct at all times.
- This Agreement incorporates, and you agree to, the relevant Service
Program Policies, which ZAISH may change from time to time. The validity and
enforceability of all other provisions of this Agreement will not be affected if any of the
provisions in the Agreement is found to be void, ineffective, or unenforceable for any
other reason, and it will be singly deemed severable from these terms and conditions.
This Agreement reflects the complete agreement between the parties in relation to the
Services and is related to the subject matter and overrides any prior or subsequent oral
or written agreements and understandings.
- Despite anything to the contrary herein, nothing in this Agreement or
Program Policies shall or shall be interpreted or considered to induce or demand either
party hereto to act in a way (including taking or failing to take any action in connection
with the transaction) which is inconsistent with or penalised under any relevant U.S.
Laws, regulations, rules, or requirements that applies to either party to the Agreement or
the applicable Program Policies.
As a user in this Agreement, the following terms have the following
"Affiliate" refers to any organisation or any other entity that controls, is governed by, or is under
shared control with that entity, whether directly or indirectly.
"ZAISH Associated Properties" refers to any website or other online platform, mobile application,
service or features other than the ZAISH Site via which the ZAISH Site or any other products or
services present on it are incorporated, offered, advertised, or described.
"ZAISH Contracting Party" refers to any ZAISH-owned party or any third ZAISH onboard to offer
service providing, fulfillment, transaction, advertising, delivery, or any other service, as needed.
"ZAISH Site" refers to the ZAISH website, the main home page, which can be identified by the
URL www.zaishuae.ae, as well as any website that replaces or succeeds it.
"Confidential Information" refers to the information about us, the Services, or ZAISH customers
that are unknown to the General Public. This includes but is not restricted to, any information
identifying or unique to specific customers; reports, insights, and other information about the
Services; data-driven from the Services except for data (other than customer personal data)
arising from the sale of your service and including services offered, prices, sales, volumes,
transaction time; and technical or operational specifications in relation to the Services. For the
purposes of this Agreement, customer personal information, including both personal and
commercial documents, contains Confidential Information at all times.
"Content" refers to the copyrightable works under relevant Law and content safeguarded by
database rights under relevant Law.
"Elected Country" refers to the United Arab Emirates.
"Excluded services" refers to the items mentioned on the relevant Restricted services pages in
Channel Partner Central, any other suitable program policy, or any additional information
available for you by ZAISH.
"Intellectual Property Right" refers to the patent, copyright, moral right, trademark, domain
name, trade secret right, or other intellectual property right arising under relevant laws as well
as all ancillary and associated rights, including all registration and renewal rights and causes of
action for breaching, fraud, or infringement of any of the aforementioned.
"Law" refers to any rule, regulation, ordinance, order, license, permission, judgment, decision or
other requirements that are currently or will be in action from any government authority of
competent jurisdiction (for example, on a federal, Emirate, or provincial level as appropriate).
"Local Currency" refers to the Emirates Dirhams, which is the legal currency of the United Arab
"Service request Information" refers to any of your service requests via the ZAISH Site, the
request details and the meeting schedule that we offer or make available to you.
"Person" refers to any individual, corporation, limited liability company, partnership, government
authority, association, joint venture, division, or any other cognisable entity, no matter whether
they have a distinct legal existence.
"Program Policies" refers to all the policies and program terms provided on the ZAISH Program
Policies page, including those policies referenced in the links.
"Sales Proceeds" means the gross proceeds from any of Your Transactions,
- All payments made, fees for handling and delivering documents, and
- taxes and other duties as outlined in the relevant Tax Policies.
Laws of jurisdiction; b) interfaces, protocols, libraries, structured XML
specifications, data formats, grammars, or similar other materials; and c) hardware, software,
code, technology, or similar other functional items.
"Trademark" refers to any trademark, service mark, trade dress (including any corporate "look
and feel"), trade name, proprietary emblem or insignia, or any other source or company
identifier that is protected by or is capable of being protected by applicable Laws.
"UAE" refers to the United Arab Emirates.
"Your Materials" refers to all the Technology, Your Trademarks, Your Product information,
Content, data, materials, and any other item or data offered or made available by you or your
Affiliates to ZAISH or our Affiliates.
"Your Personnel" refers to any third-party warranting, administering or otherwise engaged in the
offer, sale, performance, or fulfilment of Your service, along with all your workers,
representatives, agents, contractors, and subcontractors.
"Your Service" refers to any product or service that you:
- have provided via the Channel Partner on ZAISH Service;
- have made available for promotion or advertising through the
ZAISH Advertising Service;
- have fulfilled or in the process of fulfilling through the Fulfillment
by ZAISH Service.
"Your Sales Channels" refers to all the sales channels and similar other mediums through which
you and your Affiliates can offer Products or services other than physical stores.
"Your Taxes" refers to any and all regulatory fees, levies (specifically the environmental levies),
all charges and duties assessed, incurred, or needed to be collected or paid for any purpose in
relation to any Service, along with the sales, goods and services, use, import, export, excise,
premium, value-added, consumption, and other taxes.
"Your Trademarks" refers to the Trademarks belonging to you that you provide us:
The Onboarding Service Providers on ZAISH Service ("Onboarding Service Providers on
ZAISH") is a Service that permits you to become a service provider on the ZAISH Platform.
These "ONBOARDING SERVICE PROVIDERS on ZAISH" Service Terms are a component of
the Agreement, but unless otherwise stated, they only concern and apply to you as a participant
in Providing Services on ZAISH, BY REGISTERING FOR ONBOARDING SERVICE
PROVIDERS ON ZAISH SERVICE, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS
YOU REPRESENT) AGREE TO ABIDE BY THE AGREEMENT, INCLUDING THESE
"ONBOARDING SERVICE PROVIDERS ON ZAISH" SERVICE TERMS. NOTWITHSTANDING
THE PREVIOUS STATEMENT, IF YOU HAVE ENTERED INTO A SEPARATE AGREEMENT
THAT ALLOWS YOU TO BE AN EXCLUSIVE SERVICE PROVIDER ON A SPECIFIC ZAISH
SITE, THEN TO THE EXTENT THAT YOU CONTINUE TO BE A SERVICE PROVIDER ON
THAT ZAISH SITE PURSUANT TO SUCH SEPARATE AGREEMENT, BEING A SERVICE
PROVIDER ON ZAISH SITE UNDER THE AGREEMENT ARE GOVERNED BY THE TERMS
OF THE AGREEMENT AND NOT BY THESE "ONBOARDING SERVICE PROVIDERS ON
ZAISH" SERVICE TERMS.
The Providing Services on ZAISH Service ("Providing Services on ZAISH ") is a Service that
permits you to offer specific products and services directly on our Sites.
These "Providing Services on ZAISH " Service Terms are a part of the Agreement but, unless
otherwise stated, concern and apply only to your participation in Providing Services on ZAISH.
BY REGISTERING FOR OR USING THE PROVIDING SERVICES ON ZAISH SERVICE, YOU
(ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO ABIDE BY
THE AGREEMENT, INCLUDING THESE "PROVIDING SERVICES ON ZAISH" SERVICE
TERMS. NOTWITHSTANDING THE PREVIOUS STATEMENT, IF YOU HAVE ENTERED INTO
A SEPARATE AGREEMENT THAT ALLOWS YOU TO PROVIDE YOUR PRODUCTS AND
SERVICES THROUGH A SPECIFIC ZAISH SITE, THEN TO THE EXTENT YOU CAN
CONTINUE TO LIST AND SELL YOUR PRODUCTS AND SERVICE ON THAT SITE IN
ACCORD WITH SUCH SEPARATE AGREEMENT, PRODUCTS AND SERVICE
TRANSACTIONS ON THAT ZAISH SITE AND ANY TAX SERVICES WE MAKE AVAILABLE
UNDER THAT AGREEMENT ARE CONTROLLED BY THE AGREEMENT TERMS AND NOT
BY THESE "PROVIDING SERVICES ON ZAISH" SERVICE TERMS.
- Your Product/Services Listings and Orders
- Products and Product Information
You will give accurate and complete Required Product Information for every product or service
that you offer via the ZAISH Site and instantly update those details when needed to ensure it
remains accurate and complete at all times. You will also make sure that Your Materials, Your
Products, services (including documentation) and any subsequent offers and sales of any of the
same on the ZAISH Site abide by all relevant Laws (including all service standards, minimum
age, and meeting legal requirements) and are free of any sexually explicit material (except to
the extent expressly permitted by Law and under our applicable Program Policies), or any
material which is or in our sole and reasonable discretion, we believe to be defamatory or
obscene or materials that are prohibited by applicable Laws and do not violate any third party
copyright, design, trademark or other rights. You affirm that Your Service was not accomplished
by coerced or child labour. You are not permitted to provide any information for or otherwise
attempt to promote any Excluded Products on the ZAISH Site; or offer any URL Marks for use,
or request the use of any URL Marks on the ZAISH Site.
- Services Listing; Service request Processing
We will help you list Your Product or service on the ZAISH Site. We may
use tools or methods
that rate or permit customers to rate, Your service and performance as a service provider and
ZAISH deem it suitable to do so. For each request for Your Service through the ZAISH Site, we
will give you the Service Request Information. We have the sole authority to receive any Sales
Proceeds on behalf of you for each of these transactions, and we will pay you according to
these Providing Services on ZAISH Service Terms.
- Shipping and Handling Charges
Subject to our Program Policies and basic functionality, You are in
charge of deciding the
shipping and handling costs for Your Products or Services that customers purchase on or
through the ZAISH Site. (including category-wise shipping and handling charges we determine,
like for products offered by Service Providers on the individual selling plan). When we
the shipping and handling charges, you will accept those costs as payment in full for your
shipping and handling.
- Credit Card Fraud
We will take the risk of credit card fraud (i.e a fraudulent purchase
made from the theft or
unauthorized use of a third-party credit card information) occurring in relation to Your
Transactions except, in each case, concerning the Service Provider-Fulfilled Products/Services
that are not strictly fulfilled in accordance with the Order Information and Shipment
You will be responsible for all other risks of fraud or loss.
- Sale; Refunds and Returns
For each product and service you offer through the ZAISH platform, you
- Source, offer, and provide service, in each case according to
the terms of the applicable
Service Request Information, this Agreement, and all terms offered by you or us and
showcased on the ZAISH Site at the time of the Service Request and be solely
accountable for and bear all risk for those activities;
- Gathering all personal and commercial information and
documents, or any
communication with the customer (including but not restricted to confirming the service
request or fulfillment of your service, delivery of the documents) should be made via
ZAISH Service Central or other methods offered by ZAISH, on or prior its Expected
Processing time and Date;
- Retrieve Service Request Information minimum once each business
- Only cancel Your Transactions as allowed pursuant to your terms
displayed on the ZAISH Site at the time of the relevant Service Request or as may be
needed under this Agreement;
- Fulfill Your Products across the Elected Country (barring any
restrictions imposed by law
or this Agreement);
- Provide to ZAISH details regarding order status and tracking
(to the extent available) in
each instance as asked by us using the procedures chosen by us, and we reserve the
right to make any of this information publicly available;
- Abide by all Street Date instructions;
- Make sure that you are a ZAISH Channel Partner to offer each of
Your Products and
Services on the ZAISH Platform;
- Identify yourself as a ZIASH Channel Partner for each of Your
Products and services on
all raised invoices, meetings or other information included or offered in relation to Your
- Identify yourself as a ZAISH Channel Partner if any customer
wants to walk into your
office or premises for any cause (including but not restricted to having a personal
meeting, consultation, verifying the authenticity of the details provided, confirming the
physical presence of the Service provider, or making payments by cash).
- Sales Process
ZAISH will generate leads and enquiries on all platforms owned and operated by ZAISH
and convert the leads to potential paying Clients. In some instance client will have to
speak to an expert before the payment, in these situation you agree to the following;
- You allow ZAISH to schedule an interview online and an
expert who is assigned
to ZAISH will attend the meeting on time.
- You allow ZAISH to schedule a meeting at your office
and an expert who is
assigned to ZAISH will attend the meeting on time.
- You agree that you or your employee will communicate
with the client (like but
not limited to, Sending invoice, follow-up for payment, collecting documents or
other information from the client. ) only through the ZAISH platform and not to
have any personal communication.
- In case a client wants to pay by cash, ZAISH allows
you to collect the cash after
updating the invoice in the ZAISH portal. The cash collected should be
transferred to ZAISH’s verified bank account within 24 hours.
- ZAISH will notify you whenever a payment is
received for any service request placed by
the client. You agree to accept the service request within 36 hours and initiate the
process. In case you are not able to proceed, you
- You are responsible to update the progress of
any service request from time to time.
- Cancellations, and Refunds.
The ZAISH Refund Policies for the ZAISH Site will be applicable to Your Products
The refund policy will be solely designed for the service you offer and will be showcased in the
service details on the ZAISH Platform. For any sort of cancellation and refund request, you will
promptly accept, calculate, and process calculations, refunds and adjustments according to this
Agreement and the ZAISH Refund Policies for the ZAISH Platform, using the features we
enable for your account. Without limiting your responsibilities, we may, in our sole discretion,
accept, calculate, and process cancellations, refunds and adjustments for the customer's
benefit. You will direct any customer payments in relation to Your Transactions through ZAISH.
We will pay customers by sending you a notification in a way we decide, and you will reimburse
us for all our payments.
- Problems with Your Products or Services
- Documentation Errors and Nonconformities; Recalls.
You are accountable for any non-performance, non-compliance, mishandling,
or similar other
mistake or action concerning the fulfillment of your Products and services, except to the extent
- Credit card fraud for which we are accountable under Section
- Our failure to provide you service request information as it
was received by us or
resulted from verification of documents or payment. You are liable for any non-conformity
or flaws in any public or private recall of or safety alert of any of Your Products or
Services or other products or Services offered in relation to your Products or Services.
As soon as you become aware of any public or private recalls, or safety alerts of your
Products or Services or other Products or Services offered in relation to your Products
and Services, you will immediately inform us.
- A-to-Z Guarantee and Chargebacks
If we notify you about receiving or initiating a claim under the "A-to-z
Guarantee" provided on
the ZAISH Site or other conflicts related to the offer, sale or fulfillment of Your Products
than a chargeback) regarding one of Your Transactions, you will get 30 days to appeal our
decision of the claim. If we determine that a claim, chargeback or dispute is your
you a) will refrain from taking recourse against the customer and b) are liable for reimbursing
according to this Agreement's Service Fee Payments section for the amount remitted by the
customer ( including taxes and shipping and handling charges, but excluding any Referral Fees
that we retained as defined in section S-4), and all other fees and expenses related to the
original transaction ( like a credit card, bank payment processing, resentment, or penalty fees)
and any related chargebacks or refunds, to the extent payable by us.
You are responsible for paying us:
- the relevant Referral Fees;
- any appropriate Variable Closing Fee;
- the non-refundable selling on ZAISH Subscription Fee (if applicable)
in advance; and
- any other appropriate fees outlined in this Agreement (including any
Policies). "Selling on ZAISH Subscription Fee" refers to the fee mentioned as such on
the Selling on ZAISH Fee Schedule for the ZAISH Site at the time such fee is payable.
Regarding each of Your Transactions: i)"Sales Proceeds" definition is set out in this
Agreement; ii) "Variable Closing Fee" refers to the applicable few, if any, as defined on
the Variable Closing Fee Schedule for the ZAISH Site; iii) "Referral Fee" refers to the
applicable fees depending on the Sales Proceeds from Your Transaction via the ZAISH
Site as defined on the Selling on ZAISH Fee Schedule for the ZAISH Site at the time of
Your Transaction, depending on the category of products that is the subject of Your
Transaction as determined by ZAISH; provided, however, that "ZAISH Fee Schedule"
will be personally offered to each service provider during the onboarding process.
- Remittance of Sales Proceeds & Refunds
Unless specifically mentioned otherwise in this Agreement, we will notify you
available balance during the service request confirmation (or at our option, more frequent basis.
For each remittance, you will obtain the amount mentioned in the final invoice agreed by the
customer (which you will accept as Your Transactions payment in total), less: a) the Referral
Fees; b) the relevant Variable Closing Fee; c) any Selling on ZAISH Subscription Fees; d) any
other relevant fees mentioned in this Agreement (including any relevant Program Policies); and
e) any amounts we need you to keep in your account balance according to this Agreement
(including payments withheld according to the General Terms Section 2, Section S-1.4, and
applicable Program Policies); and f) any taxes that ZAISH automatically calculates, collects, and
remits to a tax authority as per the applicable Law, as defined in the Tax Policies.
We may set up a reserve on your account depending on our evaluation of risks to ZAISH or third
parties posed by your actions and performance, and we may change the reserve's amount from
time to time at our sole discretion.
If the order gets canceled for a reason, the refundable amount will be counted according to the
Refund Policy display for your service in the ZAISH Platform and paid to customers via the
ZAISH portal only. For every refund request generated, you will refund the whole amount
calculated according to the Refund Policy (which you will accept as Your Transaction payment),
less: a) the Referral Fees; b) the relevant Variable Closing Fee; c) any Selling on ZAISH
Subscription Fees; d) any other relevant fees outlined in the Agreement (including any relevant
Program Policies); e)any amount retained by ZAISH (including the sums deducted per Section 2
of the General Terms, Section S-1.4, and any relevant Program Policies.); and f) any taxes
(including refund taxes and customs duties only to the extent outlined in the relevant Tax
- ZAISH's Websites and Services
ZAISH has the authority to determine its website's design, functionality,
content, availability and
appropriateness, any product or listing in the ZAISH platform, and every other aspect of each
Service, including how to use it. ZAISH may allocate any of these rights or entrust any of its
- Selling on ZAISH Definitions
"ZAISH Refund Policies" refers to the return and refund guidelines posted on the
and are applicable to products and services offered through the ZAISH Site.
"Excluded Offer" refers to any discount, rebate, promotional offer, or other
offer and/or sale
terms that you: a) have attempted to make accessible through the ZAISH Site but we do not
honor or support (but only until such time as we honor or support the same on such ZAISH
Site); or b) make accessible solely to third parties like but not restricted to have affirmatively
chosen and opted in for participating in either your or one of your Affiliates' membership-based
customer loyalty or incentive programs.
"Purchase Price" refers to the total sum payable or paid for Your Product
(including tax and
shipping or handling fees to the extent mentioned in the applicable Tax Policies).
"Refund Administration Fee" refers to the lesser of 25 Emirati Dirhams (AED 25)
or twenty per
cent of the applicable Referral Fee.
"Required Product Information" means with regard to each of Your Products in
relation with the
ZAISH Site, the following (except otherwise stated not needed under the relevant Program
Policies): a) a description, which may include as necessary, location-specific availability and
choices, scheduling guidelines, and service cancellation policies; b) the categorisation within
each ZIASH product/Service category and browse structure as determined by ZAISH from time
to time; c) a digital image that accurately represents only Your Product, complies with all ZAISH
image guidelines, and does not contain any additional logos, text or other markings; d) the total
costing structure; e) the handling fee (according to our standard functionality); f) any text,
disclaimers, warnings, notices, or other content that is required by applicable Law to be
displayed in relation with the offer, advertising, or sale of your Product/Service; g) any other
information that is reasonably necessary for us to obtain (for example, video presentation,
testimony, cost detailing proof, etc.).
"Shipment Information" refers to the anticipated or guaranteed shipment and
delivery date for
any of Your Products.
"Street Date" refers to the date(s), if any, set forth by a product's
and/or license as the date prior to which specific information about the product (such as the title
of a book) should not be made public or should not be delivered to customers or otherwise
made available to them.
"URL Marks" refers to any trademark or other logo, term, phrase, identifier, or
that incorporates or contains any top-level domain (for example, .com, .ae, .edu, .ca, .fr, .jp) or
any variation of a top-level domain (for example, dot com, dotcom, net, or, or com).
"Your Transaction" is described in the General Terms of this Agreement; however,
as used in
this Selling on ZAISH Service Terms, it denotes any and all such transactions made through
Selling on ZAISH only.
BY REGISTERING FOR OR USING ANY SERVICE, YOU (FOR YOURSELF OR THE
BUSINESS YOU REPRESENT) CONSENT TO ABIDE BY THESE TRANSACTION
PROCESSING SERVICE TERMS FOR THAT SERVICE. NOTWITHSTANDING THE
FOREGOING, IF YOU ARE ENTERING INTO A SEPARATE AGREEMENT THAT GOVERNS
THE OFFER, SALE OR FULFILLMENT OF YOUR PRODUCTS ON THE ZAISH SITE, THE
AGREEMENT TERMS WILL CONTINUE TO GOVERN THE TRANSACTION PROCESSING
TO THE EXTENT DESCRIBED IN THAT AGREEMENT.