Meccabay's Terms of Use

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY MECCABAY, INC. ("MECCABAY"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.MECCABAY.COM (THE "SITE") AND ALL SERVICES PROVIDED BY MECCABAY ON THE SITE.

This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants and all other users of the site.

1. Fees and Services

Joining and setting up a shop on Meccabay is free. Meccabay does not charge any fees for listing an item for sale. Meccabay will only charge a percentage of the sale price when the item sells. When you make a sale on Meccabay, you will be charged 5% of the total sale price. This percentage does not include the shipping price. Meccabay's fees policy is subject to change and changes to the fees policy and the fees for Meccabay’s services are effective after Meccabay provides you with at least fifteen (15) days' notice by posting the changes on the Site.  However, Meccabay may choose to temporarily change the fees policy and the fees for Meccabay's services for promotional events but such changes are effective when Meccabay posts the temporary promotional event on the Site. Meccabay may, at Meccabay's sole discretion, change some or all of Meccabay's services at any time. In the event Meccabay introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

You are responsible for paying all fees and applicable taxes associated with using Meccabay including all the fees which other providers such as the credit card companies and PayPal might charge for your transactions made on Meccabay.

2. Listing and Selling

Listing Description:  By listing an item on the Meccabay you warrant that you and all aspects of the item comply with Meccabay's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Meccabay shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline shop policies for their Meccabay shop. These policies may include, for example, shipping, returns and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Meccabay's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Meccabay reserves the right to request that a seller modify a shop policy.

Other Country Sellers: There are no restrictions on sellers selling from other countries. The sellers/buyers can be in other countries and can sell/buy products on Meccabay. All fees are in US dollars. When paying your fees by credit card, currency conversion is handled automatically by those services.  

3. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to Meccabay and any and all data, text, information, usernames, graphics, images, photographs and profiles that you display on Meccabay.

Restricted Activities: Your Content and your use of Meccabay shall not:

1.     Be false, inaccurate or misleading

2.     Be fraudulent or involve the sale of illegal, counterfeit or stolen items

3.     Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary  or intellectual property rights or rights of publicity or privacy.

4.     Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall

5.     Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Meccabay staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

6.     Be obscene or contain any kind of pornography

7.     Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

8.     Host images not part of a listing

9.     Modify, adapt or hack Meccabay or modify another website so as to falsely imply that it is associated with Meccabay;

10.   Appear to create liability for Meccabay or cause Meccabay to lose (in whole or in part) the services of Meccabay's ISPs or other suppliers

11.   Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or any other policy documents as posted on Meccabay.

Furthermore, you may not list any item on Meccabay (or consummate any transaction that was initiated using Meccabay's service) that, by paying to Meccabay any listing fee or the final value fee, could cause Meccabay to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

4. Prohibited items

Each Meccabay seller warrants that his or her use of the site complies with all applicable laws. Beyond the legal issues, Meccabay members are responsible for making important moral or ethical decisions regarding what they buy and sell on Meccabay.

Some items are inappropriate for Meccabay's marketplace, even though they may otherwise meet Meccabay's selling criteria. You may not list the following types of items on Meccabay:

·         Alcohol

·         Non Zabiha Halal Food items

·         Tobacco

·         Drugs, drug-like substances, drug paraphernalia

·         Live animals, illegal animal products

·         Pornography

·         Firearms and/or weapons

·         Recalled items

·         Items that promote or glorify hatred, racial, religious intolerance

·         Items that instruct others to engage in illegal activity

Additionally, a seller may not list any item that violates the seller's local laws, including shipping restrictions, per our Terms of Use. Listings for prohibited items will be removed from the site, and the member's selling privileges may be suspended and/or terminated. If Meccabay removes an item listing for violating Meccabay policy, the seller is still obligated to pay the listing fee for that item. Suspended or terminated members remain obligated to pay Meccabay for all unpaid fees per our Terms of Use.

5. Privacy

Meccabay will not sell or disclose your personal information to third parties without your explicit consent. Meccabay stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

6. No Warranty

MECCABAY, MECCABAY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND MECCABAY'S SUPPLIERS PROVIDE MECCABAY'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MECCABAY, MECCABAY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND MECCABAY'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MECCABAY SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

7. Liability Limit

IN NO EVENT SHALL MECCABAY, AND (AS APPLICABLE) MECCABAY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR MECCABAY'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, MECCABAY'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

MECCABAY'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF MECCABAY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $50. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

8. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD MECCABAY AND (AS APPLICABLE) MECCABAY'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

9. No Guarantee

Meccabay does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Meccabay's control.

10. Meccabay Service

Meccabay reserves the right to modify or terminate the Meccabay service for any reason, without notice, at any time. Meccabay reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Meccabay makes a material change Meccabay will notify you here or by email or by means of a notice on our home page or other places Meccabay deems appropriate. What constitutes a "material change" will be determined at Meccabay's sole discretion, in good faith, and using common sense and reasonable judgment.