1.Terms of Use

Welcome to TOP-WAY and we thank you for your trust and using TOP-WAY. We would like to spot the light on our terms of use in TOP-WAY.

Using TOP-WAY as a customer, trailer, or whatever; you have to follow the following terms. Once you register on TOP-WAY, you agree on our terms which includes using our website or application.

2.Introduction and Definition

TOP-WAY is a company that provides ecommerce services including creating online stores and other related services in the middle east through the website and application.
The retailer is the person who registers to build an online store including any person who uses TOP-WAY for this business.
Store is what retailers use in TOP-WAY to run their business.
Customer is the person who uses stores to buy or use any of the services that we provide.
Agreement is the terms that we follow in TOP-WAY and all the retailers and customers have to follow these terms.
Provider is the one who provides services whether through TOP-WAY or any third-party.

3.Top Way Rights

*Top Way has the right to modify or terminate the service for any reason and without prior notice at any time.

*Top Way has the right to refuse to activate the service for any person and for any reason at any time.

*Top Way has the right to remove the content of the store and accounts that include content that Top Way deems, at its sole discretion, to be illegal, offensive, threatening, defamatory, defamatory, promoting pornographic, obscene or unwanted content in any way, or violating the intellectual property of any party or violating the terms of use .

*Verbal or written abuse of any kind (including threats of abuse or retaliation) of any Top Way customer, Top Way employee, member or officer will result in immediate account termination.

*Top Way does not display previously stored Content and it is at our sole discretion to refuse or remove any Stored Content made available via the Service.

*Top Way has the right to provide its services to any party even though it is a competitor to other parties benefiting from the same services, and Top Way is committed to the moral and legal charter not to harm any party or refrain from serving it to achieve gains for another party and they do not promise any form of exclusivity in any of the sectors available in the market . The user also acknowledges and agrees that Top Way’s employees and contractors may be Top Way’s customers/dealers at the same time and that they may compete with the user, but Top Way is not entitled to use the user’s confidential information when doing so.

*In the event of a dispute regarding the ownership of the account, Top Way has the right to request documents to verify or verify the ownership of the account. Documents may include, but are not limited to, an electronic (scanned) copy of the user’s business license or national ID card copy, the last four digits of the credit card on file and so on.

*Top Way has the right to decide, at its sole discretion or after seeking legal advice, who owns the account and issues the decision to transfer the account to the rightful owner. In the event that Top Way is unable to determine the owner of the legitimate account in a logical manner and a reasoned decision, it has the right to suspend the account temporarily until the two conflicting parties are separated by a judicial ruling or a binding agreement decision held in the presence of a legal advisor.

All digital contents of TOP-WAY and others are owned by us and no one has the right to use it in any way.
We will take the necessary procedures in case of violating any of the rights and intellectual property of TOP-WAY.
TOP-WAY does not bear any infringement of the rights of retailers.

4. LIMITATIONS OF LIABILITY

User agrees and understands that Top Way will not be liable for any direct, indirect, incidental, special, consequential or exorbitant damages including without limitation damages for loss of profit, reputation, use, data or other intangible losses resulting from the use of Service or inability to use it.

In all cases, Top Way and its distributors shall not be liable for loss of profits or any special, incidental or consequential damages arising from its services or these terms of use (including negligence). User agrees to indemnify and hold harmless Top Way and (as the case may be) We Top Way parent company, subsidiaries or affiliates of Top Way, Top Way Partners, officers, directors, agents, employees or suppliers harmless from any claim or demand including attorneys’ fees made by it Any third party due to or arising from the user’s breach of these Terms of Use or the documents contained therein by reference, or his violation of any regulation, law or any right of the public.

The account holder bears all responsibility for use. Whilst the “AS IS” and “AS AVAILABLE” service is provided without any express, implied or statutory warranty or conditions.

Top Way  does not guarantee, when any defect occurs in the provision of services beyond its ability, or due to emergency or force majeure circumstances, that no defect or error will occur, and Top Way is committed to taking all necessary and reasonable steps to remedy and rectify the situation.

Top Way does not guarantee that the results from the use of the Service will be accurate or reliable.

Top Way does not warrant that the quality of any products, services, information, or other material purchased or obtained from the User through the Service will meet your expectations, or that any errors in the Service will be corrected.

5. Payment of fees

User pays the fees charged for their subscription to the Service (“Subscription Fee”) and any other fees required including but not limited to fees related to carrying out transactions in your account (“Transaction Fee”) and fees related to the purchase of any products or services such as equipment or shipping apps, wallpapers, identifier names, or third-party services (“Additional Fees”). Subscription fees, transaction fees and additional fees are referred to as “Fees”.

The user must write valid credit card information in the registration file to pay all recurring financial obligations. Topway will record the Charges charged to the credit card account whose information was written (“Approved Card”), and Top way will continue to charge the Approved Card (or any substitute Card) for the Charges due until the Services are terminated and only when all Charges Due are paid in full Unless otherwise indicated. All basic fees and other fees are in UAE Dirhams, and all payments must be in UAE currency.

The subscription fee is paid in advance, the invoice is released within (30) days, and payment is made in annual installments (all these dates are classified as the “billing date”). Transaction Fees and Additional Fees will be charged from time to time at Top way’s sole discretion and User will be charged on each invoice date for all outstanding Fees not previously paid. Fees are written on the invoice which will be sent to the account holder via email written in the registration file. . Users have (14) days to bring up and settle any subscription fee billing issues.

All fees exclude state, regional, local, or other national sales, goods, services, and fees. or charges that will be in the future.

The user is not entitled to use the service amount in another service

6.Automatic Renewal

The subscription for the selected package will be automatically renewed using the payment method you previously specified in your account at the end of your current subscription period.

If the payment is not successfully settled due to a payment malfunction, insufficient card balance, etc., the subscription will not be automatically renewed.

You can stop auto-renewal at any time by going to the subscription management page > select stop auto-renewal > you will see a confirmation message to stop auto-renewal.

7.Cancellation and Termination

The user can cancel his account at any time by contacting the support team, merchant success, or e-mail [email protected].

When either party cancels the Services for any reason:

Top way will stop providing the Services to the user and he will no longer be able to access his account.

The User does not have the right to refund any fees, unless otherwise specified in the Terms of Use.

Any balance due to Top way as a result of your use of the Services through the date of such termination will immediately become due for payment in full and the User’s Website Services will be suspended immediately.

If the service expiration date comes and there are fees not paid by the user, one final invoice will be sent via e-mail. After paying the bill in full, the user will not be charged again.

Top way reserves the right to modify or terminate the services for the user or his account for any reason at any time and without notice.

Fraud: Top way has the right to suspend or terminate your account upon suspicion of your involvement in embezzlement activity in relation to Top way’s services or any of its clients and to take any other legal action if necessary.

8. Return Policy
General rule: There are no refunds available on services provided by Top Way Marketing.

9.Legal Retailer Eligibility

The retailer has to be legally qualified and be at least 18 years old.
A merchant who is less than 18 years old is excluded if he proves his ownership of the business.
The merchant must certify his eligibility to manage the store.
If a person is registered as a company or other party, he must prove his legal capacity to do business.
In the event that the retailer violates this section of the agreement, the retailer bears the consequences of the violation, as we are on TOP-WAY has nothing to do with commercial transactions, and we have the right in TOP-WAY to claim compensation for damages that may be the result of this violation.

10.Quality of commitment in TOP-WAY

The role of TOP-WAY lies as a provider of building online stores, and this means that our commitment is only in building an online store and helping the retailer to provide his services to the customer by setting up an online store.
TOP-WAY Provides other services related to e-commerce, including marketing and guidance for the shop owner.
There is no commitment by TOP-WAY regarding sales and purchases to the public, and our role in TOP-WAY ends when we help the retailer to build an online store.
TOP-WAY provides some services free of charge in some cases from the process of modifying the store, its shape and design.
TOP-WAY is not responsible for the commercial dealings between the retailer and the consumer.
TOP-WAY has no relation to transactions between the retailer and the third-party service providers.
TOP-WAY’s mission ends when providing the service of building an online store and it has nothing to do with anything else.

11.Laws of Building an Online Store

Every person who has demonstrated eligibility to build an online store has the right to build an online store.
The store must not be in violation of the laws and regulations in the Arabian Gulf, and the retailer is obliged to clarify the type of business that he performs.
TOP-WAY disclaims any responsibility for any store that violates the laws in force in the Arab Gulf, and we have the right to reject any activity or store that violates these laws.
The store must not violate the terms of the Terms of use.
No one can use TOP-WAY if his membership or store is canceled pursuant to orders or court rulings.
In the event that you are registered as a company or institution, this party must abide by all rules.
All retailers must comply with all applicable laws to regulate ecommerce, the system of information crime, investment, and electronic transactions.
In the event that the retailer submitting the request is an individual, then he must commit to verifying and presenting the conditions required by the official authorities, and he must declare to abide by these conditions.
In the event that the applicant represents an institution or company, he must provide us on TOP-WAY with all the details and information that prove this.

12.Obligations to Register and Create Accounts

If you register on TOP-WAY and join our family, you are required to disclose some information and choose a username and password in order to use it to log in and access the services of TOP-WAY. You will be working to make sure of your account activity and after making sure of that and activating your account you will become a user and you can access and enjoy the services of TOP-WAY. Accordingly, you have agreed to the following:

To be responsible for the confidentiality of your account information and not to disclose the login information to any other person and in the event of an attempt to enter you must inform us on TOP-WAY of that attempt.
TOP-WAY is not responsible for any material or moral damage and loss that occurs as a result of losing your login data.
You are fully responsible for the use of your account on TOP-WAY and in the event that you authorize another person to do so we disclaim our responsibility for that access to the account.
You must demonstrate a high level of seriousness and credibility in using your account on TOP-WAY and adherence to the rules of use and privacy and all legal rules in force in the Arabian Gulf.
In the event that you violate any of the rules, you are obligated to compensate TOP-WAY for direct and indirect damages as a result of losing the login data and accessing the account, whether with or without your authorization.
You are obligated to disclose true and correct information related to you as required of you while registering on TOP-WAY. You are also obligated to update your data in case it was changed in practice.
Not to include any of the data related to TOP-WAY in the user name such as a phone number or other personal details indicating a relationship between you and the management team of TOP-WAY.
Not to mention the existence of any direct or indirect relationship between you and the management team of  TOP-WAY in your store.
We, at TOP-WAY, are obligated to maintain the confidentiality of your information in accordance with the rules of our privacy policy.
We have the right at TOP-WAY to freeze your activity and cancel your membership in the event that the conditions of violation entering data into TOP-WAY and updating it or disclosure of incorrect information and contrary to what is stated in the terms of use.
We have the right at TOP-WAY to conduct some of the investigations that we consider necessary, whether directly or through a third party. In addition, we have the right to demand the disclosure of some additional information or other documents.

In the event that you violate what was mentioned above, we have the right to stop or freeze your store and our membership in TOP-WAY or prevent you from entering the platform. We also have the right to delete any account that is not confirmed or has not been in any process for a long time.

13.Modifications to the Terms of Use

You agree that the platform will make any amendment to the terms of use and TOP-WAY will inform you of these amendments when they are made.
You know and agree that TOP-WAY will make modifications to the terms of use without bearing any legal responsibility and that users will be notified of these modifications.
In the event that there is an objection to any amendment to the terms of use, this may prevent access to the store. Therefore, if you object to any amendment of the terms of use, you must stop using the services and access to the account because once you enter the account again, this means that you agree to the modifications. You can contact us to answer your inquiries regarding this agreement.
All fees are calculated in U.A.E AED and this is the currency that we use on TOP-WAY.
You should be aware that not all of our deals and offers related to retailers and stores are free, as they may be subject to varying fees.
On TOP-WAY, we may charge some fees to some retailers and stores, and this depends on the type of offers and packages.
We have the right on TOP-WAY to add, reduce or discount any charges based on the terms of use on users.

14.Your Personal and Transaction Detail Information

You give TOP-WAY an unlimited right to use information, personal materials or any other information that you have provided us in order to achieve the interests that we see in TOP-WAY.
You are the only one responsible for the information you have sent or published, and our role is limited by displaying this information through TOP-WAY and its advertising channels.
You should know that store and retailer information is subject to the rules of our Privacy Policy.

15.Our responsibility on TOP-WAY

We are not responsible in any way for any unsatisfactory performance by the retailer, shipping companies, payment gateways, consumer failure to pay, nor any losses or breakdowns.
We are not responsible for any errors, whether direct or indirect, or through a third party.
We are not responsible for any claims that have arisen as a result of financial losses or discredit for misuse of TOP-WAY.
We are not responsible for any direct or indirect claim, dispute, damage or loss to any party as a result of the use of one of TOP-WAY’s users.
We have nothing to do with any illegal activity that the retailer does.
We claim that any trader must notify us of any suspicious activity on TOP-WAY and we are not responsible for any of these violations.