Sawiqly it is an online platform that collect (Home business, Shops, Coupons Management, Trucks, Lost item and catering)
THIS USER AGREEMENT (the Agreement) is executed by and between:
By AND BETWEEN: -
Sawiqly, an established company in accordance with the laws of the State of Kuwait, having its permanent address in Kuwait.
The User which shall become a Party to this Agreement immediately and directly via downloading and installing the Electronic Gate on tablets, laptops, mobile phones or similar electronic devices (the Digital System), and which shall create its account in its own name on the Digital Platform.
Customer: You will become a party to this agreement once it is approved and able to enter it to deal with the user and purchase the items. Having acknowledged their legal capacity to conclude this Agreement, both Parties have therefore agreed as follows:
This Agreement shall become binding on both Parties hereto once approved by the same and shall be deemed an official acknowledgement if the Parties legal capacity in consideration of the mutual covenants, terms and conditions set forth under this Agreement. The Owner shall retain the information and data herein and additionally disapprove any subscriber deemed inappropriate by the Website’s General Policy.
In this Agreement, the following terms and expressions shall have the meanings respectively defined as follows:
Agreement: This document which comprises delineating the provisions of rights and obligations of both Parties in relation to the conditions of utilizing the Digital Platform;
Owner: of the Website
User: utilizer of the Digital Platform on the Website to create its services account to create its own services account and make the same readily downloaded on computers of all types, smart mobile phones or any similar electronic devices;
Digital Platform: the space available for both the User and the Customers where the content of the User is displayed according to the selected package and services;
Account: the account that clearly incudes the information and data of the User including, but not limited to, name, surname, date of birth, gender, e-mail address, trade license and the of the User, whether a natural or an intellectual entity, in order to become a member on the Website’s Digital Platform;
Types of Services: means the group of activities, goods, materials, goods, marketing presentations, advertising offers or surveys provided or presented by the User directly to the targeted customers by downloading such services on the Digital platform without any liability on the Owner;
Restricted Services: refers to all forms of goods, materials, commodities, marketing and services offers, applications and programs that are of low quality, unsuitable for consumption, counterfeit, provocative, contrary to public morals and orders, disrespectful/offensive/abrasive, or infringing intellectual property rights under the laws and provisions of the State of Kuwait;
Customers: any natural or intellectual entity requesting the purchase of the merchandize/commodity/ offers provided by User on its Digital Platform;
Documentary Evidence: the set of official documents which the User is obliged to submit to the Owner prior to the signature of this Agreement or any other documents that the Owner may ask the User to provide during the term of this Agreement;
Payment: means the payment method, and the terms and conditions that are in harmony with the pertinent laws in force in the State of Kuwait, and the regulatory instructions issued by the Central Bank of Kuwait in relations to the mechanism of payment via telephones, K-Net, bank transfer, PayPal, bank cheques, credit cards, or any other means of payment for purchasing the processes made by customers for the merchandize/commodity/ offers provided by the User on its Digital Platform;
Team: means the Owner’s management, employees and technical consultant and staff.
It is agreed that the use of the Digital Platform shall be made readily accessible to the Customers in order to access the program and the use of the User’s services available on the Website for registration, purchases, discussions and feedbacks. Additionally, the User’s own space to the access the Digital Platform according to the space made available to it for creating its account thereon to make available its services and downloading the same on computer devices, electronic devices, mobile phones and other means of communications with the Customers, Owner or Payment. The User shall be solely liable for all the contents presented thereon.
The User shall be solely and fully liable for its designated Digital Platform and all transactions conducted thereon either through the User or its employees and Customers. Employees of the Parties to this Agreement may not be Parties to this Agreement. Similarly, the Digital Platform may not be used by the nationals of States where access to a digital platform may be deemed illegal or restricted by laws and regulations and treaties.
The User acknowledges that it has carefully reviewed all terms of this Agreement and shall undertake to comply with the same and its provisions at all times when using the Digital Platform. Additionally, the User shall be exclusively liable for all civil, criminal and financial legal liabilities arising out of non-compliance with the provisions of this Agreement, the pertinent laws and treaties in force in the State of Kuwait, even in the event of terminating or rescinding this Agreement.
The User of the Platform shall at all time retain ownership of the content of the Digital Platform and the references thereof (including all intellectual property, legal documents, videotape, keywords, algorithms, source codes and all system hosts) in order to enjoy a non-exclusive, limited and irrevocable right for using the Digital Platform provided that it:
It is compatible with this Agreement.
Uses login approval data and account details only for the Users and no access shall be conferred upon any third party.
May not employ any device, software, viruses or Trojan, robots, disorder the process, host or form attacks on the operation processes, host or arrange the Digital Platform at any time.
It may not copy, amend, endanger, create derived actions or contrary to the engineering or other sensitive information pertaining to the Digital Platform, reverse-assembling or the attempts of discovering the source code.
Amend or attempt to amend the Digital Platform (directly or indirectly) (excluding the self-User creating the content).
Practice fraud, junk mail, cheating, disinformation, distortion, extortion, abuse and violence in any way against any person or entity.
Compliance with the laws of the State of Kuwait and the pertinent Conventions in force.
The User shall make available to the Digital Platform’s Team all information when so requested. In cases of necessity, the User shall accept, declare and undertake to submit the documents which shall provide such information to the team upon request.
The User shall be responsible for keeping the data of accepting its login. The confidentiality of the same falls under the individual responsibility of the User as well. Forgotten Password can be retrieved or recreated through the submission of an application form on the Digital Platform. Each User shall inform the Digital Platform immediately in case of any suspected activity or unpermitted access to their account.
The User shall agree and acknowledge not to allow (directly or indirectly) to the third parties to use the Digital Platform and Tasks, make it available by any licensing or sub-licensing, sell, rent, move, distribute or any other method. The User shall make sure at all times of creating the account on the Digital Platform is in the name of the User only and use it for its own and not at any time for creating more than one account on behalf of any third party or other parties. In the same manner, the User shall agree and accept not to use the User's account by any third party.
The User shall agree, accept and warrants that Digital Platform Team is able to define the location of the User, even in the cases in which the Digital Platform works on the background of the Users' devices. The User shall agree and accept the conditions mentioned here definitely and agree not to provide any claim on a Digital Platform as well.
The User hereby agrees to keep safe the Digital Platform and hold harmless and defend the Platform and its Owner any harm or liability of any type and nature and to indemnify the owners of the Digital Platform and the Digital Platform Team for all losses, costs, expenses , incidents, damage and other obligations incurred upon a Digital Platform from and against any cost, along with the responsibility, loss, damage, cause of the action, claim, action, request or action provided by a third party against the Digital Platform or the Digital Platform Staff resulting from (1) dealing with the User's service resulting from using the Digital Platform; or (2) resulting from:
Using the User to the Digital Platform.
The action of the User in the interaction with other Users.
Any violation, complaint or other claims provided by other Users allege the User's behavior the Digital system.
Breach of this Agreement by the Users.
Any act or failure from the User's part.
Violation of the law in force by the Users.
The User shall observe the privacy of its Customers and shall be responsible for the full civil and criminal liability resulting from disclosure of Customer data and information. Additionally, the User shall be committed to preserving the confidentiality of this Agreement and non-disclosure of the same without the prior written consent of the Owner or at the official request of the competent government authorities.
The User also undertakes to preserve the intellectual property rights and confidentiality of information related to the mechanism of the Electronic Website and Digital Platform.
Pursuant to this Agreement, the User hereby acknowledges to abide by all terms pertaining to prohibited materials and adheres to the policy posted on the Digital Platform as set out herein as follows:
Counterfeit items, commodities, merchandize and services
Attempting to employ any software, Trojan, applications and non-testing of the system, internet or external network weakness.
Publishing depicts which do not reveal the item or the product clearly.
Adding depicts, videos clips or texts referring to the website, application, competitor or another trader.
The items or products of low-quality and these which are unusable and unserviceable
Using any additions, application or software leading to system failure.
Using any techniques for improving the search engines on main words or arrangement of the Website’s pages.
Engaging in posting any offensive or illegal content, pursuant to the laws in force.
Misuse, incitement and defamation of the Owner’s stature, its owners, the Digital Platform, its marketing Team, the management, authorized Users, advertisers and sponsors.
Infringement of intellectual property rights of the Owner or the Digital Platform.
Participating in any activity resulting in the embroilment of the Digital Platform or the Owner into bearing any legal liabilities.
Anything that contravenes the law, rules and public morals.
Art: Sawiqly support art work but unauthorized copies of artwork that is violating, copyrights and trademarks are totally restricted.
Food and Beverages: Alcohol, prohibited animal products, and expired products are not allowed to be listed nor sold on Sawiqly.
Media: Unauthorized copies or reproductions of media that violate any copyright or trademark.
Software’s : Ethical and unethical use of software’s and its products in respect to promotion and testing is strictly prohibited.
Surveillance Equipment: including devices that are primarily useful for the purpose of the surreptitious interception of wire, oral or electronic communications, devices used for hacking, descrambling or otherwise obtaining unauthorized access to wire, electronic or other types of communication and devices designed to facilitate the surreptitious viewing or recording of individuals for sexual and other purposes.
Products that are specifically manufactured not for distribution within the country.
Products that infringe upon an individual’s privacy, such as the sale of marketing lists and personal information and login details.
Government documents, identification, birth certificates, passports and licenses.
Products intended to be used to produce an illegal product or undertake an illegal activity.
Keyword Spamming and Keyloggers.
Used cellular phone SIM cards.
Any kind of ethical or unethical testing of company applications, websites, servers and other media without the consent of Sawiqly is strictly prohibited.
The Owner shall enjoy the sole and exclusive rights set out herein without incurring any legal obligation towards the User or any other party without providing any reason at any time and in any way.
The Owner shall be entitled to utilize, copy, reveal, present, participate, distribute, amend, create construction copies of derived actions, improve or amend any content created by the User created and presented by the User for whatever purposes or reasons, without any restrictions, obligation, notice or compensation.
The Owner shall be entitled to install a cookie, software or equivalent data in all devices linked to the installed Portal assigned for the User and change the installed elements thereof.
The Owner shall have the right to dissociate the User from in some Tasks and activities, and shall similarly have the right to amend, restrict, suspend, terminate, cancel or take equivalent actions in respect of this Agreement, Web Portal, User's Account, Tasks and activities.
Within the domain hereunder, the Owner shall notify the User with the Tasks requested by the customers for the purpose of providing the service for the same.
The Owner shall not be held liable for the Electronic Portal, Tasks, activities, customers and/or third parties.
The Company shall not be held liable for any act conducted by the Users, Customers or third parties.
Subject to the Owner’s other preserved legal rights, the Owner may have recourse against the User for collecting the total amount of money paid by the Owner in the event that the User becomes subject to any administrative, civil and/or criminal legal penalties due to the User’s acts or activities. This Clause shall survive termination of the Agreement at all time without any liability on the Owner.
The Task shall be deemed to have been performed by the User only if the User implements all instructions relating to the Task as determined in the Digital Platform and similarly conveys the information relating to the Task in accordance with the task data, instructions, factual posture and the methods as required by the Digital Platform or its Team through the Electronic Portal.
The Task shall not be deemed to have been conducted if the Task data provided by the User does not match the instructions provided by the Digital Platform or its Team, factual posture, methods, essential data of the low quality and/or unacceptable by the Digital Platform. In this case, the User shall not be entitled to claim any right and/or submit a claim for payment.
The User shall be entitled to receive payments for each Task it performs pursuant to the Agreement for one time.
The User may not request any amount of the payments to be changed or submitted in cash or submit equivalent requests or claims thereof. Likewise, the User may not claim any payment adjustment.
The User may not appoint and/or benefit from its rights as a payment presumed by the User, excluding the funds, upon the performance of the Tasks for third parties or allow to third parties to enjoy these rights.
The User shall not claim an additional interest in return for proposals, comments or examples given by the User on the Electronic portal.
For the purpose of payment, the User shall insert “payment” under the information section of its profile on the Digital Platform and fill the form of the Unser’s information, Civil ID No., address, mobile and phone numbers, and details of the bank account, educational background, profession and then convey the form to the Digital Platform, provided that the task is implemented and this performance thereof shall be notified to the User by the Digital Platform or its Team.
For the User’s ability to claim payment as mentioned above, the User shall perform the Task, pursuant to the terms of this Agreement and without any liability whatsoever upon the Owner in terms of recourse.
The User shall make the payments due to the Owner pursuant to the User’s package services available on the Platform which is subscribed to through K-Net, Visa or Master Cards as per the Owners offer. The goods shall be delivered at the expense of the User which shall have the right to receive monetary consideration from the Customers against this service, yet in a manner which shall not contradict the laws, bylaws and provisions enforceable in the State of Kuwait.
The Owner shall have the right to make the Customer delivery service available against a monetary consideration which shall be later agreed upon with the User.
Parties to this Agreement are fully aware that no refunds may be made for any reason upon the conclusion of this Agreement.
The User may not request payment regarding the Tasks performed by the User if the User's account is closed based on the User's request or due to acts violating of this Agreement.
It is agreed that the Term of this Agreement shall be set according to the User’s chosen service package. The Owner shall furnish several settings for the User’s Digital Platform where the payment shall be fulfilled according to the selected duration. The Owner shall not be liable for any monetary or penal obligations in case of the term termination of cancellation of the agreed period for any reason.
Third Party Rights: this Agreement shall not confer any right or benefit to any third party not any third party have the right to may enforce any term or enter as a party to this Agreement.
Severability: the invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if said invalid or unenforceable provisions were not contained herein, unless it renders the continuation of the Agreement severely onerous. The Parties agree to cooperate in any revisions or amendments of this Agreement, which may be necessary to affect the intent of the Parties in the event that any provisions of this Agreement are deleted as herein provided.
Notices: all notices or communications given or sent under this Agreement (the “Notices”) shall be in writing and shall be deemed to have been delivered and received on the day delivered personally (with written receipt confirmation); or three working days after deposit with overnight international commercial delivery service (copy of airway bill as evidence of dispatch with written delivery confirmation to be provided upon requested). The language for all written communication between both Parties shall be in Arabic or English. Either Party may, from time to time, change its elected address to which Notices are to be given hereunder by sending notice of such change to the other Party. Otherwise, the notification made to the address elected herein shall be deemed valid.
Assignment: this Agreement shall not be assigned or transferred by either Party without the prior written consent of the other Party.
The User shall irrevocably and unconditionally agree and accept all liabilities and obligations and functions related to evaluation, decision-making and risks associated with the use of the Digital Platform (including without limitation the assessment of other users or user profiles, certificates, claims submitted by any User), and that the Digital Platform team shall not be held liable in any way whatsoever and at any time for any loss or damage.
Except as otherwise provided, all references to months or years in this Agreement shall be deemed to refer to the Gregorian calendar.
Entire Agreement and Amendments: this Agreement shall constitute the entire understanding and agreement between the Parties with respect to the subject matter hereof, and shall supersede any prior agreements, understandings, communications or arrangements between the Parties. No changes, amendments, modifications, waiver, departures or alterations of any term or condition of this Agreement shall be binding and effective unless the same is reduced to writing and signed by the duly authorized representatives of both Parties.
Partnership: nothing in this Agreement shall constitute any type partnership or agency or legal representation between the Parties hereto, and each Party shall be liable for its own duties hereunder. The User may not deny the Owner’s right to permit any other party from using a digital platform on its Website to practice an activity similar to that of the User.
Counterparts: this Agreement shall be executed in duplicate, each of which shall constitute the original. Any modifications, additions or amendments to this Agreement shall not be effective unless executed in writing and signed by both Parties.
Applicable Law and Dispute Settlement: this Agreement, its construction, validity and performance shall be governed by, and construed in accordance with the laws of the State of Kuwait. If any dispute or claim arises between the Parties out of, regarding or in connection with this Agreement (including any question regarding the existence, scope, validity, rights, obligations or termination of this Agreement or this arbitration provision), the Parties shall promptly attempt in good faith to resolve the dispute by negotiation. All disputes or claims arising under this Agreement not resolved by negotiation during the period of thirty (30) days following receipt by either Party of the other Party's notice to this effect shall be finally resolved by Judicial Arbitration in the State of Kuwait. The language of the arbitration shall be English. The arbitration award shall be final, non- appealable and binding on the Parties and shall award reasonable attorney fees and costs to the prevailing Party.
Limitation of Liability: in all cases, the User shall defend, indemnify and hold harmless the Owner, its officers, employees and agents from and against any and all liabilities, costs, damages, injuries, claims, suits, judgments, causes of action and expenses (including judicial and attorneys’ fees) which may be rendered against the User for its customers or any third party. Moreover, the User shall hold harmless the Owner against any damages due to loss of revenues, profits, anticipated profits, work opportunities, interrelated losses or damages of any nature, whether direct or indirect. The User shall be deemed fully liable for complying with the applicable laws, rules and regulations, including, but not limited to, anti-trust laws, anti-bribery, anti-corruption and fraud.