Terms of Service

1. Acceptance of the Terms

SoumUp (the "Platform", "we", "us") operates an online marketplace that allows registered users to list goods for sale by auction and to place bids on such goods. By creating an account, accessing or using the Platform, you ("the User", "you") acknowledge that you have read, understood and accepted these Terms of Service ("Terms"), which form a binding contract between you and SoumUp. If you do not accept these Terms, you must not use the Platform.

2. Legal Framework

These Terms are governed by Moroccan law, and in particular by:

• The Dahir of 9 Ramadan 1331 (12 August 1913) forming the Code of Obligations and Contracts (the "DOC");
• Law No. 53-05 relating to the electronic exchange of legal data, and Law No. 43-20 relating to trust services for electronic transactions;
• Law No. 31-08 enacting consumer protection measures;
• Law No. 09-08 relating to the protection of individuals with regard to the processing of personal data, and the deliberations of the National Commission for the Control of Personal Data Protection (CNDP);
• Law No. 31-08 and the applicable provisions on electronic commerce and distance selling.

3. Definitions

• Seller: a User who lists an item for sale by auction.
• Bidder: a User who places a bid on a listed item.
• Auction: the timed sale process for a listed item, including any reserve price, minimum increment, anti-sniping extension and "buy now" option.
• Winning Bid: the highest valid bid at the close of an Auction that meets or exceeds the reserve price.

4. Eligibility and Account

To use the Platform you must be at least 18 years old and have full legal capacity to enter into contracts under Moroccan law. You agree to provide accurate, current and complete information when registering and to keep it up to date.

Email verification. When you register, we send a confirmation message to the email address you provide. You must confirm your email address before you are allowed to place bids or list items. You are responsible for keeping your login credentials confidential and for all activity carried out through your account.

5. The Auction Service

• Bids are binding. Placing a bid constitutes a firm and irrevocable offer to purchase the item at the bid amount, in accordance with Article 14 et seq. of the DOC. You may not retract a validly placed bid.
• Formation of the sale. Where the Winning Bid meets or exceeds the reserve price at the close of the Auction, a contract of sale is formed between the Seller and the highest Bidder.
• Reserve price and increments. An Auction may carry a reserve price and a minimum bid increment. Bids below the applicable minimum are rejected.
• Anti-sniping extension. A bid placed close to the end time may automatically extend the Auction end time, as indicated on the listing.
• "Buy now". Where offered, the "buy now" option immediately ends the Auction at the displayed price.

6. Prices, Fees and Payment

Prices are displayed in the currency shown on the listing. Unless stated otherwise, prices are exclusive of value added tax (VAT), which is added at the legal rate in force in Morocco.

Two separate payments. A winning bid gives rise to two distinct amounts, which are not paid to the same party and must not be confused:

• The price of the item is paid by the Bidder directly to the Seller at inspection and handover, by whatever means the two parties agree between themselves. SoumUp never collects, holds, escrows or releases this amount and is not a party to that payment.
• The service fee, shown on the listing and again at checkout, is the only amount payable to SoumUp. It covers the connection service and is subject to VAT at the rate in force.

How the service fee is paid. At checkout you receive a payment reference to settle in cash at any CashPlus, Wafacash, Damane Cash or Barid Cash agency. Your order is confirmed as soon as the payment is received. Online card payment (Visa, Mastercard, CMI) is planned and is not available yet; no card details are collected today.

Delivery, collection and inspection arrangements are agreed between the Seller and the winning Bidder, subject to any additional rules published on the Platform.

7. Seller Obligations

• You warrant that you have the right to sell the listed item and that it is your lawful property, free of any undisclosed lien or third-party right.
• Listings must be accurate, complete and not misleading as to the nature, condition, origin or essential characteristics of the item (Law No. 31-08).
• You must not list any item whose sale is prohibited or restricted under Moroccan law.
• You undertake to deliver the item sold to the winning Bidder in the condition described.

8. Bidder Obligations

• You undertake to honour any Winning Bid and to pay the price plus applicable fees and taxes.
• You must not bid without the genuine intention and ability to complete the purchase.
• You must not engage in bid manipulation, shill bidding, or coordinated bidding intended to distort prices.

9. Prohibited Conduct

You must not use the Platform in any unlawful, fraudulent or harmful manner, nor attempt to interfere with its security or proper operation, nor access it by any means other than the interface we provide. We may suspend or terminate access where we reasonably suspect a breach of these Terms or of applicable law.

10. Intellectual Property

The Platform, its trademarks, logos, software and content are protected and remain the property of SoumUp or its licensors. By submitting content (including listing text and images), you grant SoumUp a non-exclusive licence to host, display and reproduce it for the purpose of operating and promoting the service. You retain ownership of your content and warrant that you have the rights necessary to submit it.

11. Protection of Personal Data

We process personal data in accordance with Law No. 09-08 and the rules of the CNDP. We collect only what is needed to operate the service:

• Account: your name, email address and telephone number. The email address is confirmed by a verification link before you can bid or list, and the telephone number is used to put the two parties in contact once a deal is confirmed.
• Listings: the description, photographs and location of the item you put up for sale, including the address you enter, which is shown publicly on the lot page.
• Activity: your bids, the lots you save or follow, and the notifications you have asked to receive.

We use this data to run Auctions, to send transactional notifications (outbid alerts, results, auction reminders and deal messages) and to comply with our legal obligations. Notifications are sent in the language set on your account. You have rights of access, rectification, objection and deletion of your personal data, which you may exercise by contacting us through our Contact page. We do not sell your personal data to third parties.

12. Contact Sharing and Confidentiality

SoumUp operates on a direct-settlement model: the Platform brings the Seller and the winning Bidder together and charges only its service fee. It does not hold, escrow or release the price of the item, which is paid by the Bidder directly to the Seller.

Once the winning Bidder confirms the deal, SoumUp shares the Seller's name, email address and telephone number with the Bidder, and the Bidder's name, telephone number and city with the Seller, solely so that the two parties can arrange payment, inspection and handover of the item directly between themselves.

Each party undertakes to use the other party's contact details exclusively to complete that specific transaction. Neither party may publish, resell, transfer or otherwise reuse the other party's personal data for any other purpose, including prospecting or marketing, nor retain it beyond what is necessary to complete the sale, in accordance with Law No. 09-08 and the rules of the CNDP. Any misuse may result in suspension of the account and engages the liability of the party at fault.

13. Limitation of Liability

SoumUp provides a marketplace bringing Sellers and Bidders together; it is not a party to the sale contract formed between them. To the fullest extent permitted by Moroccan law, SoumUp is not liable for the quality, safety, legality or delivery of listed items, nor for indirect or consequential loss arising from the use of the Platform. Nothing in these Terms excludes any liability that cannot be excluded under Moroccan law.

14. Suspension and Termination

We may suspend, restrict or close your account, and remove any listing, where you breach these Terms or applicable law. You may close your account at any time, subject to the completion of any pending Auctions and obligations.

15. Amendments

We may update these Terms from time to time. The updated version takes effect when published on the Platform, with the "Last updated" date amended accordingly. Your continued use after publication constitutes acceptance of the updated Terms.

16. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Kingdom of Morocco. Any dispute relating to their formation, interpretation or performance that cannot be settled amicably shall be submitted to the competent courts of Casablanca, without prejudice to any mandatory consumer-protection rules granting the consumer access to the courts of their place of residence.

17. Contact

For any question regarding these Terms, or to exercise your rights over your personal data, please reach us through our Contact Us page.