TERMS AND CONDITIONS FOR EFTAH SHOP MERCHANTS
These Terms and Conditions constitute a binding agreement between the operator of the “Eftah Shop” platform, hereinafter referred to as the “Platform,” “Eftah Shop,” “we,” “us,” or “our,” and every natural or legal person who creates a merchant account or online store through the Platform, hereinafter referred to as the “Merchant” or “you.”
Please read these Terms carefully before creating an account or using the Platform. Creating an account, activating a store, using any Platform service, or clicking an acceptance button constitutes your express electronic acceptance of these Terms and all related policies.
DEFINITIONS
For the purposes of these Terms, the following words and expressions shall have the meanings set out below:
Platform: The Eftah Shop platform and all related systems, websites, applications, dashboards, tools, and technical services.
Merchant: Any natural or legal person who creates an account or online store through the Platform to offer or sell products or provide services.
Store: The website or online storefront created for the Merchant through the Platform.
Customer: Any person who visits the Merchant’s Store, places an order, or purchases a product or service.
Order: A request to purchase a product or obtain a service through the Merchant’s Store.
Products: Physical goods, digital goods, or services offered by the Merchant through the Store.
Payment Provider: Any bank, company, or third party that provides electronic payment, collection, or money transfer services.
Shipping Provider: Any company or third party that provides shipping, delivery, or order-fulfilment services.
Platform Balance: An internal balance used to cover Platform commissions and fees. It is not a bank account, deposit account, or regulated electronic wallet.
Commission: The amount payable to the Platform in consideration for orders or services provided to the Merchant.
Content: Text, images, logos, videos, data, files, product descriptions, and any other materials uploaded or published by the Merchant.
Policies: The Privacy Policy, Acceptable Use Policy, Fees and Commissions Policy, and any other policies published by the Platform or displayed in the Merchant Dashboard.
SCOPE OF THE AGREEMENT
2.1 These Terms govern the relationship between the Platform and the Merchant regarding account creation, Store operation, and use of the tools, services, and features made available through the Platform.
2.2 These Terms do not govern the contractual relationship between the Merchant and its Customers. The Merchant must publish its own customer-facing terms and conditions, privacy policy, return and refund policy, cancellation policy, and shipping policy in accordance with its activity and applicable laws.
2.3 These Terms, the referenced Policies, and any written offer, order form, or separate service agreement accepted by both parties constitute the entire agreement between the Platform and the Merchant.
2.4 If these Terms conflict with a separate written agreement signed between the Platform and the Merchant, the separate agreement shall prevail to the extent of the conflict.
NATURE OF EFTAH SHOP SERVICES
3.1 Eftah Shop provides a Software-as-a-Service, or SaaS, platform that enables Merchants to create online stores and manage products, orders, customers, inventory, content, reports, payment methods, shipping methods, marketing tools, and other available features.
3.2 The Platform is a technology service provider. It is not the seller, manufacturer, supplier, distributor, or owner of the products or services offered by the Merchant.
3.3 The Platform is not a party to any sale or service agreement between the Merchant and the Customer and is not responsible for product quality, safety, legality, conformity, delivery, warranty, or after-sales obligations.
3.4 The Platform may technically facilitate payment, shipping, or integrations with third-party providers. Such facilitation does not mean that the Platform is itself the Payment Provider or Shipping Provider unless expressly stated otherwise.
3.5 The Platform does not guarantee any specific sales volume, profit, search-engine ranking, number of visitors, or number of Customers.
MERCHANT ELIGIBILITY AND AUTHORITY
4.1 A user must have reached the legal age of contracting and have full legal capacity to create a Merchant account.
4.2 If the account is created on behalf of a company, establishment, or other legal entity, the user confirms that they are legally authorised to create the account and accept these Terms on behalf of that entity.
4.3 The Merchant must obtain and maintain all registrations, licences, approvals, permits, and authorisations required to conduct its business and offer its Products or services.
4.4 The Platform may request identity or business verification documents, including:
National identification or passport.
Commercial registration.
Tax registration certificate.
Business or professional licences.
Bank account details.
Information about owners or authorised signatories.
Any other documents required for verification or legal compliance.
4.5 The Merchant warrants that all information and documents provided are accurate, complete, valid, and up to date.
ACCOUNT CREATION AND SECURITY
5.1 The Merchant must provide accurate information during registration and keep that information updated throughout the use of the Platform.
5.2 The Merchant may not create an account using another person’s identity, provide false information, or impersonate any person or business.
5.3 The Merchant is responsible for protecting usernames, passwords, verification codes, and other login credentials and for preventing unauthorised access.
5.4 All actions performed through the Merchant account shall be attributed to the Merchant unless the Merchant promptly reports unauthorised use or an account compromise.
5.5 The Merchant must immediately notify the Platform upon becoming aware of:
Lost login credentials.
Account or Store compromise.
Unusual activity or suspicious Orders.
Unauthorised changes to payment information.
Any security incident affecting Customers or personal data.
5.6 The Merchant may grant sub-user permissions to employees or authorised personnel through the available features and remains responsible for their actions.
5.7 The Merchant may not sell, rent, transfer, assign, or otherwise make the account available to another party without the Platform’s prior written approval.
ACCOUNT COUNTRY AND CURRENCY
6.1 The Merchant’s account country and primary currency are determined based on the Merchant’s registration information and the country in which the Merchant conducts business.
6.2 The Merchant may not independently change the account country or primary currency after activation. Any requested change is subject to Platform approval and applicable legal and technical requirements.
6.3 Features, payment methods, shipping methods, fees, and commissions may vary according to the Merchant’s country and account currency.
6.4 The Merchant must not use an account registered in one country to conduct business in another country in violation of licensing, tax, payment-provider, or other legal requirements.
GENERAL MERCHANT RESPONSIBILITIES
The Merchant must:
Use the Platform only for lawful commercial purposes.
Comply with all laws and regulations applicable to its business.
Provide accurate and complete information about its business, Products, and services.
Clearly display prices, taxes, fees, and shipping costs.
Honour advertised prices and promotions.
Keep inventory and Product availability accurate.
Fulfil Orders within the announced timeframes.
Issue legally required invoices or receipts.
Handle Customer complaints, returns, refunds, cancellations, and warranties.
Avoid misleading marketing practices or false claims.
Protect Customer data and use it only for lawful purposes.
Respond to Customers, regulators, and the Platform within a reasonable period.
Pay all fees, commissions, and amounts due to the Platform.
Cooperate in investigations involving complaints, suspicious Orders, or financial disputes.
Keep records and supporting documents relating to Orders, delivery, and payments.
STORE INFORMATION AND REQUIRED DISCLOSURES
The Merchant must display clear and up-to-date information in the Store, where applicable, including:
Legal name or trade name.
Contact information.
Business address, where legally required.
Commercial registration or licence number, where required.
Tax registration number, where required.
Product and service descriptions.
Total price, taxes, and applicable fees.
Available payment methods.
Shipping methods and expected delivery or service-completion time.
Return, refund, cancellation, and exchange policy.
Warranty and after-sales terms.
Privacy Policy.
Customer-facing terms and conditions.
Any geographical, age-based, or regulatory restrictions.
The Platform is not responsible for the Merchant’s failure to publish legally required disclosures or for the Merchant’s policies being non-compliant.
PRODUCTS AND SERVICES
9.1 The Merchant is solely responsible for all Products and services offered or sold through the Store.
9.2 The Merchant warrants that its Products and services are:
Lawful and permitted for sale.
Genuine and not counterfeit.
Safe and suitable for their intended use.
Consistent with the published description, images, and specifications.
Not infringing any third-party intellectual-property rights.
Properly licensed or registered where required.
Free from false, misleading, or deceptive claims.
9.3 The Merchant must clearly state whether a Product is used, refurbished, repackaged, pre-owned, or made to order.
9.4 If the Merchant provides services, the Merchant must clearly describe the service scope, timing, duration, cancellation terms, and any requirements for receiving the service.
9.5 The Platform may require the Merchant to remove or modify a Product or service where the Platform reasonably believes it violates these Terms or creates legal, operational, financial, or reputational risk.
PROHIBITED PRODUCTS AND ACTIVITIES
The Merchant may not use the Platform to offer, sell, or promote any unlawful Product or service, including, without limitation:
Counterfeit, stolen, or unlawfully sourced products.
Weapons, ammunition, explosives, or hazardous materials without the required licence.
Narcotics, illegal drugs, or controlled substances.
Medicines or medical products that require authorisation where such authorisation has not been obtained.
Illegal pornographic, exploitative, or obscene material.
Unlicensed gambling or betting services.
Products that infringe intellectual-property rights.
Stolen personal data, fraudulent accounts, or forged documents.
Malware, spyware, hacking tools, or malicious software.
Unlicensed financial, investment, credit, or payment services.
Pyramid schemes, fraudulent marketing models, or deceptive business practices.
Products prohibited from import, export, or sale in the Merchant’s or Customer’s country.
Activities involving violence, hate, exploitation, human trafficking, or illegal trade.
Any additional Products or services classified by the Platform as prohibited.
The Platform may immediately suspend any Product or Store where there is a reasonable suspicion of prohibited activity and may request documents or report the matter to the competent authorities where required.
PRICING AND TAXES
11.1 The Merchant determines the prices of its Products and services and is responsible for their accuracy.
11.2 The Merchant must clearly state whether the displayed price includes or excludes taxes and fees, as required by applicable law.
11.3 The Merchant is solely responsible for:
Tax registration, where required.
Correct calculation of taxes.
Collection of taxes from Customers.
Issuing compliant tax invoices and receipts.
Filing tax returns.
Paying taxes and government charges.
Compliance with electronic invoice or receipt systems.
11.4 Any internal invoice, record, or document generated by the Platform for Order management or commission calculation does not constitute a tax invoice issued on behalf of the Merchant unless the Platform expressly states otherwise.
11.5 The Platform does not provide tax, accounting, or legal advice. The Merchant should consult its own advisers.
ORDERS AND THE CUSTOMER RELATIONSHIP
12.1 The sale or service agreement is entered into directly between the Merchant and the Customer.
12.2 The Merchant is responsible for reviewing, accepting, processing, and updating the status of each Order accurately.
12.3 The Merchant may not change the Order price or terms after confirmation without Customer consent, except to correct an obvious error where permitted by law.
12.4 The Merchant must not mark an Order as “Delivered,” “Completed,” or an equivalent status before actual delivery or service completion.
12.5 The Platform may keep electronic records of Order status changes and account activity for commission calculation, investigation, audit, and dispute-resolution purposes.
12.6 The Platform does not guarantee the seriousness, identity, payment ability, or accuracy of any Customer. The Platform is not responsible for fake Orders, refused deliveries, or Customer non-payment unless directly caused by a proven Platform technical error.
SHIPPING, DELIVERY, AND SERVICE FULFILMENT
13.1 The Merchant is responsible for selecting and contracting with a Shipping Provider unless the Platform provides a separate shipping service under specific terms.
13.2 The Merchant is responsible for packaging Products, handing them to the Shipping Provider, and monitoring delivery.
13.3 The Merchant is responsible for the accuracy of shipping costs and estimated delivery times displayed to Customers.
13.4 A technical integration between the Platform and a Shipping Provider does not make the Platform responsible for lost, damaged, or delayed shipments.
13.5 The Merchant must cooperate in resolving lost, damaged, rejected, or returned shipments.
13.6 For services, the Merchant is responsible for delivering the service in accordance with the agreed scope, time, and location.
PAYMENT METHODS
14.1 The Platform may allow the Merchant to activate electronic or manual payment methods based on the Merchant’s country, currency, and the availability of Payment Providers.
14.2 Certain Payment Providers may require the Merchant to enter into a direct agreement and maintain a separate merchant account with them.
14.3 The use of any Payment Provider is subject to that provider’s terms, fees, verification requirements, and policies.
14.4 The Platform does not guarantee approval of every payment transaction. Transactions may be rejected by the bank, Payment Provider, anti-fraud systems, or for other reasons outside the Platform’s control.
14.5 The Merchant is responsible for entering and maintaining accurate settlement and collection details.
14.6 The Platform is not responsible for delayed settlements or funds sent to an incorrect account where the Merchant provided inaccurate account details or integration credentials.
14.7 The Platform may disable a payment method where:
It is suspended by the Payment Provider.
A security issue is identified.
Fraud or repeated complaints are detected.
Integration credentials expire.
The payment method becomes legally or operationally non-compliant.
14.8 Payment Provider charges are separate from Platform commissions unless expressly stated in the Merchant Dashboard.
MANUAL PAYMENT METHODS
15.1 The Platform may allow the Merchant to display manual payment methods, including bank transfers, mobile wallets, or local money-transfer methods.
15.2 The Merchant is responsible for ensuring that bank, wallet, and transfer details are accurate.
15.3 A Customer’s uploaded receipt or transfer image does not constitute confirmation that payment has been received.
15.4 The Merchant must verify actual receipt of funds before marking the Order as paid or starting fulfilment.
15.5 The Platform is not responsible for forged receipts, incomplete transfers, payment mistakes, or incorrect transfer details.
FEES AND COMMISSIONS
16.1 The Platform operates under the fee or commission model displayed in the Merchant Dashboard or stated in the applicable commercial agreement.
16.2 Amounts payable to the Platform may include:
Order-based commission.
Fees for additional services.
Paid integrations or add-ons.
Setup or custom implementation fees.
Taxes applicable to Platform services.
Any other fees accepted by the Merchant.
16.3 The applicable commission rate, amount, and calculation method shall be displayed in the Merchant Dashboard or the approved commercial offer.
16.4 For electronically paid Orders, the commission becomes due when the payment is successfully confirmed or collected, according to the relevant payment-method configuration.
16.5 For cash-on-delivery or manual-payment Orders, the commission becomes due when the Order is marked as “Delivered,” “Completed,” or any equivalent status indicating completion of the sale.
16.6 The Merchant may not manipulate Order statuses, delete Orders, or process sales outside the Platform for the purpose of avoiding commissions.
16.7 If an Order is cancelled or refunded, the Platform commission shall be treated according to the Order status, timing of cancellation, and the applicable Fees and Commissions Policy.
16.8 Payment Provider fees, shipping fees, taxes, and other third-party charges are not included in the Platform commission unless expressly stated.
16.9 The Platform may amend its fees or commissions by giving the Merchant reasonable notice before the amendment takes effect. Changes will not apply retroactively to amounts already due.
PLATFORM BALANCE AND PAYMENT OF AMOUNTS DUE
17.1 The Platform may provide an internal balance used to cover commissions and fees.
17.2 The Platform Balance is not a bank account, deposit, financial investment, or regulated electronic wallet and does not earn interest or returns.
17.3 The Merchant must maintain sufficient balance to cover commissions and amounts payable to the Platform.
17.4 The Merchant may top up the Platform Balance using the payment methods available in the Merchant Dashboard.
17.5 A balance top-up is not considered completed until receipt of the funds is confirmed and the transaction is approved.
17.6 If the balance becomes zero or insufficient:
The Merchant shall receive a notice in the Merchant Dashboard.
The Platform may also send an email or other notification.
A default payment grace period of five days shall begin unless a different period is displayed in the Merchant Dashboard.
During the grace period, the Merchant may continue accessing the account and processing existing Orders subject to the displayed restrictions.
If the outstanding amount is not paid before the grace period expires, the Platform may stop the Store from receiving new Orders or restrict selected features.
Access to settings and payment methods used to settle outstanding amounts shall remain available where technically possible.
17.7 The Platform may apply different warning thresholds according to the account currency, Order volume, average commission, or outstanding amount.
17.8 Granting a grace period does not waive the Platform’s right to collect all outstanding amounts.
17.9 To the extent legally permitted, the Platform may deduct outstanding amounts from the Merchant’s Platform Balance or from other amounts held or payable by the Platform to the Merchant.
CANCELLATIONS, REFUNDS, AND FINANCIAL DISPUTES
18.1 The Merchant is responsible for publishing and implementing a lawful cancellation, return, refund, and exchange policy.
18.2 The Merchant is responsible for refunding the Customer whenever a refund is legally or contractually due.
18.3 Electronic refunds may be subject to the Payment Provider’s procedures, timeframes, and fees.
18.4 The Merchant is responsible for chargebacks, payment disputes, and bank reversals relating to its Orders unless directly caused by a proven technical error by the Platform.
18.5 The Platform may request supporting documents, including:
Proof of Customer approval.
Proof of delivery.
Proof of service completion.
The applicable return or refund policy.
Customer communications.
Evidence of a valid transaction.
18.6 Where the Platform incurs or settles any refund, chargeback, or dispute-related amount on behalf of the Merchant, the Platform may deduct that amount from the Merchant’s balance or other amounts due to the Merchant.
CUSTOMER DATA AND PRIVACY
19.1 The Merchant must collect, process, store, and use Customer data in accordance with applicable law and the privacy policy published in the Store.
19.2 The Merchant must not collect more personal data than is reasonably necessary to process an Order, provide a service, or achieve another lawful and disclosed purpose.
19.3 The Merchant may not:
Sell Customer data.
Share Customer data with unauthorised parties.
Use Customer data for undisclosed purposes.
Send marketing communications without the required consent or legal basis.
Retain Customer data longer than necessary.
Export or store Customer data in insecure systems.
19.4 The Merchant is responsible for the processing instructions it gives in relation to Customer data, while the Platform processes data to the extent necessary to operate, secure, and provide the Platform services and comply with legal obligations.
19.5 The Merchant must implement appropriate technical and organisational security measures, including access control, strong passwords, secure devices, and updated software.
19.6 The Merchant must immediately notify the Platform of any data breach, data leak, or unauthorised access involving Customer data.
19.7 The Platform may suspend access to data or certain features where a security or privacy risk exists.
19.8 The Platform’s processing of personal data is governed by its Privacy Policy, which forms an integral part of these Terms.
MERCHANT CONTENT
20.1 The Merchant retains ownership of the Content uploaded to the Store.
20.2 The Merchant grants the Platform a non-exclusive licence, for the duration of the account, to host, copy, display, process, resize, and format the Content as reasonably necessary to provide the services.
20.3 The Merchant warrants that it owns the Content or has all required rights, licences, and permissions to use it.
20.4 The Merchant may not upload Content that:
Infringes copyright or trademarks.
Is defamatory, abusive, or incites violence or hatred.
Is false or misleading.
Includes malware or harmful code.
Violates the privacy of others.
Violates applicable law or public order.
20.5 The Platform may remove or disable Content after receiving a credible infringement notice or where it reasonably believes that the Content violates these Terms.
20.6 The Platform may use the Merchant’s Store name, logo, and Store screenshots to identify the Merchant as a Platform user unless the Merchant submits a written request not to use them for marketing purposes.
PLATFORM INTELLECTUAL PROPERTY
21.1 All rights in the Platform, software, designs, databases, interfaces, logos, names, source code, documentation, and related materials are owned by or licensed to the Platform.
21.2 The Merchant receives a limited, non-exclusive, non-transferable right to use the Platform during the active account period.
21.3 The Merchant may not:
Copy or resell Platform services.
Reverse engineer or decompile the Platform.
Access source code or infrastructure without authorisation.
Remove intellectual-property notices.
Use the Eftah Shop name or branding in a way that falsely suggests partnership or endorsement.
Create a competing product by substantially copying the Platform.
21.4 Payment of fees or use of the Platform does not grant the Merchant any ownership rights in the Platform.
ACCEPTABLE USE AND SECURITY
The Merchant and its authorised users may not:
Attempt to hack or bypass Platform security.
Conduct security testing without written authorisation.
Upload viruses, malicious files, or harmful code.
Disrupt or overload the Platform.
Use bots or automated collection tools in a harmful manner.
Send unlawful spam or unsolicited communications.
Use the Platform for fraud or money laundering.
Create fake Orders or manipulate sales information.
Attempt to access another Merchant’s data.
Share login credentials with unauthorised persons.
Circumvent usage limits or technical restrictions.
Hide or falsify the source of a connection or user identity.
The Platform may take immediate protective measures, including blocking connections, suspending accounts, or disabling affected features.
THIRD-PARTY SERVICES AND INTEGRATIONS
23.1 The Platform may offer integrations with third-party services, including Payment Providers, Shipping Providers, analytics providers, messaging services, storage providers, and marketing tools.
23.2 Use of a third-party service is subject to that provider’s own terms and policies.
23.3 The Platform does not guarantee that any third-party integration will remain available, error-free, or unchanged.
23.4 The Platform may modify, suspend, or remove an integration where:
The third-party provider discontinues it.
The provider changes its technical interface.
The integration becomes insecure.
The integration becomes legally non-compliant.
The integration creates unreasonable operational or financial risk.
23.5 The Merchant is responsible for third-party service fees unless expressly stated otherwise.
23.6 The Platform is not responsible for the acts, omissions, errors, or service interruptions of third-party providers.
SERVICE AVAILABILITY AND MAINTENANCE
24.1 The Platform aims to provide a stable service but does not guarantee uninterrupted or error-free operation at all times.
24.2 Services may be interrupted due to:
Scheduled or emergency maintenance.
System upgrades.
Hosting or network failures.
Cyberattacks.
Payment or Shipping Provider outages.
Events outside the Platform’s reasonable control.
24.3 The Platform will attempt to notify Merchants in advance of material planned maintenance where reasonably possible.
24.4 The Platform may add, modify, or remove features for technical, security, legal, or business reasons.
24.5 The Platform does not guarantee compatibility with outdated devices, browsers, or operating systems.
BACKUPS AND DATA
25.1 The Platform may perform periodic backups for business continuity purposes. Such backups do not replace the Merchant’s obligation to maintain copies of important business records.
25.2 The Merchant must export or retain copies of Product, Order, Customer, invoice, and other records required for legal, tax, accounting, or operational purposes.
25.3 The Platform does not guarantee that every file, change, or record can be restored in every circumstance.
25.4 Data export features and available data volumes may be subject to technical, legal, or account-specific restrictions.
MONITORING AND VERIFICATION
26.1 The Platform may use automated systems or manual review to detect:
Fraud.
Prohibited activity.
Security attacks.
Misuse of Platform features.
Manipulation of Orders or commissions.
Unlawful Content.
Payment-related risks.
26.2 The Platform may request additional information or documentation to verify the Merchant’s activity or transactions.
26.3 Failure to respond within the requested period may result in account restriction or suspension.
26.4 The Platform may retain technical logs, audit records, and electronic evidence as reasonably necessary to protect its rights and investigate violations.
ACCOUNT SUSPENSION OR RESTRICTION
The Platform may temporarily suspend the account, Store, or selected features in any of the following cases:
Violation of these Terms or the Policies.
Submission of false or invalid information.
Expiration of required business licences.
Failure to pay outstanding amounts.
Suspected fraud or unlawful activity.
Repeated or serious Customer complaints.
Sale of prohibited or counterfeit Products.
A security threat affecting the Platform or Customers.
A request from a competent court, regulator, or authority.
Use of the account in a manner that harms the Platform or its users.
Failure to cooperate in investigations or financial disputes.
Manipulation of Order statuses or commissions.
Where reasonably possible and legally permitted, the Platform will attempt to explain the reason for the suspension and the actions required to restore the account.
ACCOUNT TERMINATION
28.1 The Merchant may request account closure after:
Paying all outstanding amounts.
Completing open Orders.
Resolving pending complaints and disputes.
Exporting required data.
Cancelling or transferring third-party integrations.
28.2 The Platform may permanently terminate the account for a serious or repeated violation, unlawful activity, security risk, or continued failure to pay.
28.3 Account termination does not release the Merchant from obligations or amounts that arose before termination.
28.4 After termination, the Platform may allow the Merchant up to [30 days] to export available data, unless the account is restricted for legal or security reasons.
28.5 After the export period expires, the Platform may delete, anonymise, restrict, or retain data in accordance with the Privacy Policy and legal obligations.
28.6 Certain records may remain stored after account closure, including financial records, audit logs, complaints, and transaction records, for the legally required retention period.
DISCLAIMER
29.1 The Platform services are provided on an “as available” basis and within reasonable technical capabilities.
29.2 The Platform does not guarantee:
That the service will be entirely free from errors.
Continuous availability without interruption.
Approval of all payment transactions.
Successful delivery or shipping.
Accuracy of Customer information.
Specific sales or profits.
Any particular search-engine ranking.
Permanent availability of third-party integrations.
29.3 The Merchant is responsible for its own commercial, marketing, financial, tax, and legal decisions.
29.4 Information, reports, and statistics available through the Platform do not constitute legal, tax, financial, or accounting advice.
LIMITATION OF LIABILITY
30.1 To the maximum extent permitted by law, the Platform shall not be liable for indirect, consequential, incidental, or special damages, loss of profit, loss of opportunity, reputational damage, or loss of data arising from use of the Platform.
30.2 The Platform is not responsible for:
Products or services provided by the Merchant.
Customer claims against the Merchant.
Pricing or inventory errors.
Shipping delays or Product damage.
Failure of banks or Payment Providers.
Security breaches caused by the Merchant or its employees.
Content uploaded by the Merchant.
Taxes or penalties payable by the Merchant.
Suspension imposed by a third-party provider.
Force majeure or events outside the Platform’s control.
30.3 Unless prohibited by applicable law, the Platform’s total aggregate liability for a specific claim shall not exceed the total fees and commissions paid by the Merchant to the Platform during the three months immediately preceding the event giving rise to the claim.
30.4 The limitation of liability does not apply to fraud, gross negligence, or any liability that cannot legally be excluded.
MERCHANT INDEMNITY
The Merchant agrees to indemnify and hold harmless the Platform, its officers, employees, and representatives from reasonable losses, claims, fines, liabilities, and costs arising out of:
The Merchant’s Products or services.
The Merchant’s violation of applicable law.
Intellectual-property infringement.
Misuse of Customer data.
Content uploaded by the Merchant.
Disputes between the Merchant and Customers.
Taxes or fees related to the Merchant’s activity.
Violation of these Terms.
Use of the account by the Merchant’s employees or representatives.
This indemnity applies to the extent permitted by law and after the Merchant is notified of the claim and given a reasonable opportunity to cooperate in the defence.
CONFIDENTIALITY
32.1 Each party must protect confidential and non-public information received from the other party.
32.2 Confidential information includes technical, business, financial, Customer, pricing, security, and integration information.
32.3 Confidentiality obligations do not apply to information that:
Becomes public without breach.
Was lawfully known by the receiving party.
Is lawfully obtained from a third party.
Must be disclosed under law or by order of a competent authority.
32.4 Confidentiality obligations shall survive termination of the account.
ANTI-FRAUD AND ANTI-MONEY-LAUNDERING
33.1 The Merchant must not use the Platform to conceal the source of funds, process fictitious transactions, or facilitate unlawful financial activity.
33.2 The Platform or a Payment Provider may request additional information about transactions or the source of funds.
33.3 Transactions or accounts may be suspended where fraud indicators or legal concerns exist.
33.4 The Platform may cooperate with banks, Payment Providers, regulators, and competent authorities where required or permitted by law.
FORCE MAJEURE
Neither party shall be liable for delay or failure to perform caused by events outside its reasonable control, including natural disasters, war, civil unrest, government action, network or electricity failure, widespread technical outages, or large-scale cyberattacks.
The affected party must take reasonable steps to minimise the impact and resume performance as soon as reasonably possible.
AMENDMENTS TO THESE TERMS
35.1 The Platform may amend these Terms to reflect changes in services, laws, technology, or business operations.
35.2 The updated version shall be published through the Platform together with the date of the last update.
35.3 Where an amendment is material, the Platform will attempt to notify the Merchant through the Merchant Dashboard or by email before the amendment takes effect.
35.4 Continued use of the Platform after the effective date of an amendment constitutes acceptance of the updated Terms.
35.5 If the Merchant does not agree to a material amendment, the Merchant may request account closure before the amendment takes effect, subject to payment of all outstanding amounts.
NOTICES AND COMMUNICATIONS
36.1 The Platform may communicate with the Merchant through email, telephone, and Merchant Dashboard notifications.
36.2 The Merchant is responsible for keeping contact details updated and regularly reviewing notifications.
36.3 An electronic notice shall be considered received when sent to the registered contact details unless delivery failure is confirmed.
36.4 Legal notices to the Platform must be sent to:
[Legal Notices Email Address]
36.5 Legal correspondence should include the Merchant’s name, account number, subject of the request, and current contact details.
ASSIGNMENT AND TRANSFER
The Merchant may not assign or transfer its rights, obligations, or account to another party without the Platform’s prior written approval.
The Platform may transfer its rights and obligations to an affiliate, legal successor, purchaser, or entity acquiring all or a substantial part of the Platform’s business, while preserving the Merchant’s fundamental rights.
NO WAIVER
Failure by either party to enforce any right at any time shall not constitute a permanent waiver of that right.
Any waiver must be in writing and issued by the party entitled to the right.
SEVERABILITY
If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or removed only to the extent necessary, and the remaining provisions shall continue in full force.
The invalid provision shall be replaced, where possible, with a lawful provision that most closely reflects its intended legal and commercial purpose.
LANGUAGE
40.1 These Terms may be made available in Arabic and English.
40.2 In the event of any conflict or inconsistency between the two versions, the Arabic version shall prevail unless applicable law requires otherwise.
GOVERNING LAW AND DISPUTE RESOLUTION
41.1 The relationship between the Platform and the Merchant shall be governed by the laws of the Arab Republic of Egypt, without prejudice to mandatory laws applicable to the Merchant’s activity or Customers in the country where the Merchant operates.
41.2 The parties shall attempt to resolve any dispute amicably within thirty days from the date of written notice of the dispute.
41.3 If no amicable resolution is reached, the courts of [Cairo or the governorate in which the legal entity is registered] shall have jurisdiction, unless applicable law requires another court or authority to have jurisdiction.
41.4 This clause does not prevent the Platform from seeking urgent or interim relief to protect the Platform, data, security, or intellectual-property rights.
SUPPLEMENTARY POLICIES
The following policies form an integral part of these Terms:
Privacy Policy.
Acceptable Use and Prohibited Products Policy.
Fees and Commissions Policy.
Platform Refund Policy, if applicable.
Complaints Handling Policy.
Data Processing Agreement, where required.
Any specific terms applicable to an additional service or integration.
By accepting these Terms, the Merchant confirms that it has read and accepted all supplementary policies.
ACKNOWLEDGEMENT AND ACCEPTANCE
By creating a Merchant account, activating a Store, or continuing to use Eftah Shop, the Merchant confirms that:
The Merchant has read and understood these Terms.
The Merchant has the legal authority to accept them.
All information provided is accurate.
The Merchant is responsible for its business, Products, services, and Customers.
The Merchant shall comply with all announced fees and commissions.
The Merchant shall comply with applicable laws and regulations.
The Merchant agrees to receive notices and communications electronically.
Electronic acceptance of these Terms creates a binding agreement between the parties.
CONTACT US
Contact Page: https://eftahshop.com/contact