TERMS AND CONDITIONS

GENERAL OVERVIEW

Welcome to Ivi Motors, please read these Terms and Conditions (the "Terms") carefully before accessing, using, browsing, creating a User Account, posting a Product, or generally using the Application. Your access to and use of the Application is conditioned upon Your acceptance of and compliance with these Terms.

Ivi Motors, an electronic platform that offers digital advertising space (“the Application”) is owned and operated by Bader Advanced Establishment (the “Company”), licensed by the Ministry of Commerce in the State of Kuwait issued under commercial registration number 3564086.

These Terms apply to all Users of the Application which shall include but is not limited to Sellers, Buyers, Visitors, and anyone who accesses or uses the Application.

We operate the Application as an electronic web-based platform for posting and advertising the Products (defined below). We act as a venue to match Buyers and Sellers (defined below). We do not sell the Products directly and are not involved in the actual transactions between Buyers and Sellers and are not involved in transferring legal ownership of the Products. We do not represent the Seller nor the Buyer in any transactions.

As a result, We make no representation or warranty whatsoever on any Products posted or advertised on the Application in any way whatsoever regarding the quality, safety, lawfulness, completeness, accuracy, or adequacy or availability of the Products contained on Our Application or the ability of the Sellers to complete a sale or the ability of Buyers to complete a purchase. Reference to any Product does not necessarily constitute or imply endorsement or recommendation by the Us.

You acknowledge that You are fully assuming the risks of any transactions when using the Application such risks shall include, but are not limited to, mis-representation of Products, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective Products, delay or default in delivery or payment.

You agree that the Company shall not be liable or responsible for any damages that may arise a result of or in connection with any of the transaction that take place on Our Application.

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING THE APPLICATION BECAUSE IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. BY ACCESSING OR USING THE APPLICATION, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE APPLICATION.

DEFINITIONS

For Purposes of these Terms, the following words shall have the following meanings:

“Application” means the online sales platform owned, operated, hosted and maintained by the Company.

“Buyers” means a natural person or entity purchasing Products on the Application.

“Cancellation” means any suspension, termination, or freezing of any User Accounts.

“Company” means Bader Advanced Establishment. Also referred to as “Us”, “We”, “Our”.

“Content” means all Seller’s information such as profiles, and any text, copy, graphics, an extensive breakdown of the Products descriptions, details and features and photographs, images included in an advertisement posted by a Seller on the Application.

“Intellectual Property Rights” means patents, inventions, trademarks, logos, design rights, application for any of the foregoing, copyright, database rights, domain names, trade or business names, moral rights and other similar rights or obligations whether registerable or not in any country (including but not limited to the state of Kuwait).

“Products” means any new or previously owned automotive vehicles such as passenger cars, sport utility vehicles, vans, trailers, semi-trailers, mobile homes, pick up trucks, buses, consisting of four wheels and powered by an internal engine, and upon which any person or property is or may be transported. Shall include recreational vehicles such as all terrain vehicles (ATV), dune buggies, golf cars, bikes, motorcycles, trail bikes, off-road vehicles and jet skies posted on the Application by the Seller.

“Profile” means the user profile of the User which shall have adequate and any and all the information and details required and needed.

“Purchase or Purchasing” means the process of engaging with a Seller for the purpose of buying a Product posted and listed on the Application.

“Sellers” means a natural person or entity posting and offering for sale Products on the Application.

“Territory” means the State of Kuwait.

“Terms” means the terms and conditions that all Users must agree, accept and consent to prior to the use of Our Application The terms shall include Our Privacy Policy.

“User(s)” means any natural person or entity who accesses, uses, registers or views, or engages the Application. It includes but is not limited to a Visitor, Seller or Buyer. Also referred to as “You”, “Your”, “They”, “Their.”

“User Accounts” means the users’ access to set up the Content to the Application.

“User Account Information” means all the information needed and requested by Us such as full legal name, a user name or screen name, Kuwait civil identification number, date of birth, current address, phone number, a valid email address and any other information requested by Us indicated as required in the registered fields.

“Visitor(s)” means a natural person or entity who is browsing the Application without a User Account.

*Words in the singular include the plural, and words in the plural include the singular, in each case as the context may require.*

ACCEPTANCE

The following Terms shall apply to the relationship between the Company and the User.

By using the Application and or establishing an Account with Us, You accept the following Terms as well as the way Our Company operates.

These Terms constitute the entire agreement between the Company and You and shall be effective as of the date of electronic acceptance. Your electronic acceptance of the Terms signifies that You have read, understand, acknowledge and agree to be bound by the Terms. Furthermore, by accepting the Terms and/or registering with Us on the Application, You confirm that You are eligible (as specified in the "Eligibility" section) to use the Application.

If you are a Buyer, You shall also be bound by the Services Agreement which will be incorporated by reference.

MODIFICATIONS

COMPANY, IN ITS SOLE AND ABSOLUTE DISCRETION, MAY MODIFY ANY OF THE TERMS, WHICH SHALL INCLUDE ANY UPDATES, CHANGES OR REPLACEMENT IN PART OR COMPLETELY THE TERMS OR ANY POLICIES INCORPORORATED HEREIN, AT ANY TIME WITHOUT NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS ON THE APPLICATION.

YOU AGREE TO REVIEW THE TERMS PERIODICALLY AND TO BE AWARE OF SUCH MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THE APPLICATION SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS.

You should visit these Terms periodically to review its provisions. We may occasionally notify You of changes or modifications to the Terms by email. It is therefore very important that You keep Your Account information, including Your email address, current. The Company assumes no liability or responsibility for Your failure to receive an email notification.

If You do not accept the modified terms, You may stop using our Application.

ELIGIBALITY

By using Our Application, You warrant that You have the right, authority, and capacity (“Eligibility”) to enter into this agreement and to abide by all of the Terms. We may, in Our own discretion, decide to legally prosecute You in the event that We find out that You did not have the Eligibility to enter into this agreement by accepting the Terms.

By accepting the Terms and becoming a User on Our Application, You hereby confirm and declare that You are at least 18 years of age; and or otherwise You are recognized as being able to form legally binding contracts under Kuwait law.

In the event You are found to be under the legal age, Your legal guardian shall be liable to pay any losses that the Seller or We encounter as a result.

REGISTRATION AND ACCOUNT INFORMATION

Prior to the registration process, a page or a link referred to with the Terms will appear to you. You must read and accept in order to complete the registration process and You become a User by creating an Account on Our Application.

You must fill a User Account Information form by providing Us with Your full legal name, Kuwait civil identification number, date of birth, current address, phone number, a valid email address, and any other information indicated as required in the registration fields.

We may reject Your application and request for an Account, or cancel an existing Account, for any reason, in Our sole discretion.

You must be a registered User in order to use the Application. You may have limited browsing on Our Application as a Visitor, but may not participate as a Buyer or Seller without registering for an Account.

Accounts may be registered to anyone seeking membership. Your Account may be used only by You and not by anyone else. You agree not to register on behalf of another User or to impersonate any User. You agree not provide Us with false information or to otherwise deceive or mislead Us. Registration of Accounts in a name other than the User's, fictitious or real is expressly prohibited. Such use constitutes fraud and may give rise to criminal prosecution. We may prosecute fraud to the fullest extent of the law.

You confirm any and all information that You provide Us is true, complete, accurate and correct and that You shall immediately notify Us of any change of such information.

We reserve the right to ask You for additional information for verification purposes or for any reason at any time. Such information might include a photo of any GCC issued identification cards (civil id), valid driver’s license, passport or any other form of identification cards. If You receive such request from Us, You must respond with the required information in the outlined time frame. If You fail to do so, We may cancel Your Account.

You acknowledge that Company will use the email address You provide on opening an Account or as updated by You from time to time as the primary method for communication with You. You must monitor the Account email address you provide to Us and your Account email address must be capable of both sending and receiving messages. Your email communications with Company can only be authenticated if they come from Your registered Account email address. Once registration is complete, You will be required to confirm Your User registgration by responding via an email.

Upon successfully registrating as a User, You will gain full access to Your User Account.

The Company is not obligated to open an Account for any User, and shall at its own discretion reject any Account registration without any reason.

USERNAME AND PASSWORD

During the registration process, You will have to choose Your username and password for Your login to the Application.

You may choose any username You desire, which must not in any way be offensive, indecent, insulting or intended to deceive or mislead other users, whether intentionally or unintentionally. Such username shall not violate the laws and regulations of the state of Kuwait and may not use any part of the name of the Company or the Application or any name similar to it, whether partly or entirely, in Arabic or English. Nor may a username advertise for or promote any other websites or services or provide links to or for other websites. You undertake not to create an account for any person without their permission. You undertake not to use or register data for places’ names, companies, trademarks, pseudonyms or names of other persons.

Please note that the Company reserves the right to change usernames, for whatever reason, and is the final arbiter on such policy.

The Company will never ask for Your password apart from login.

You are solely responsible for Your User Account password and its preservation. Company will not be liable for any loss or damage from Your failure to maintain the security of Your Account and Your User Account password.

You are responsible for all usage of and activity through Your username and password, including use of Your username and password by any third party. You are obliged to maintain Your information updated. We suggest that You not provide Your password to anyone.

If You have reason to believe that Your Account including Your username or password is no longer secure for whatever reason, You should immediately notify Company. You may be liable for any losses incurred by Company if any or to other Users or third parties due to any unauthorized use of Your Account.

User accounts are non-transferable.
We are not responsible for any abuse or misuse of Your account by third parties due to Your disclosure, whether intentional or accidental, whether active or passive, of Your username or password or any information to any third party.

NUMBER OF ACCOUNTS

You undertake not to create an additional Account without the permission of the Company in the event Your Account is canceled. If You attempt to open more than one account per User, all accounts You try to open may be blocked or closed.

CANCELLATION

By You: You may cancel Your account at any time by clicking on delete account on Your profile settings.

By Us: We may under some circumstances and without prior notice to You cancel Your Account, Your use of and access to the Application. Such reasons shall include but are not limited to: if We suspect that You have failed to comply with or have violated any term or provision of the Terms, any laws, or the rights of Our other Users or other third parties, or for fraudulent or illegal activities and for any other reason without prior notice to You.

You acknowledge and agree that We may immediately bar your further access to the Application. We will not be liable to You or any third party for any cancellation of Your access and/or use of the Application under any circumstance.

You agree that if the Company, in good faith and in its sole discretion, determines that You have breached these Terms, Your obligations and liabilities incurred prior to the cancelation date shall surivive the termination of these Terms for all purposes.

Upon cancellation of Your Account by either party for any reason:

You will no longer be able to access your Account; and

Any information regarding Your Account will be removed after 30 days; and

No money shall be refunded under any circumstances.

GENERAL RULES OF CONDUCT

You acknowledge and agree to the following:

Your use of the Application, including any Content You submit, shall comply with the Terms and all applicable local laws, rules, ministerial decisions and regulations of Kuwait. You undertake not to carry out any actions that violate the laws and regulations applied in the State of Kuwait and that harm customs and public morals in any way, under penalty of legal responsibility.

You shall not collect and/or publish or permit anyone else to collect or publish any User content or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.

You shall not copy or distribute in any medium any part of the Application, except where expressly authorized in writing by the Company.

You shall not modify or alter any part of the Application or any of its related technologies.

You shall not access the Company content or Your User Content through any technology or means other than through the Application.

You undertake not to use the Application to display Your diaries and personal opinions, and not to use the Application for defamatory, offensive, threatening, or harmful or offensive purposes to any person or entity, or by using obscene words or misleading information about the Products, Users or the Company.

You undertake specifically not to use the Application for the expression of racial hatred and discrimination or instigation of any act of violence as per the Kuwait law of national unity 19 of 2012.

You undertake not to discuss any issues such as insulting any religion, criticizing the amir of Kuwait, the royal family, insulting members of the judiciary or displaying disdain for the Constitution of the State of Kuwait, compromising classified information, insulting an individual or his or her religion, sorcery, and publishing information that could lead to devaluing of the currency or creating false worries about the economy.

You undertake not to exploit and download the contents of the Application and not to copy any Content to other pages or social media sites or use them for the purposes of publicity and advertising, including selling, redistributing, reposting, re-sending, displaying, modifying, creating derivative works and other acts of exploitation of the Application its contents or any part of it.

You undertake not to attempt to download, modify, or copy any content on the Application without adhering to the Terms, and not to change, block, return or delete information on the Application or try to enter various codes or viruses that may cause sabotaging the Application, or entering or trying to access the restricted areas of the Application.

You undertake not to enter the Application to use it for any interference or disruption or other illegal or unauthorized purposes, such as interfering with the construction and operation of the Application or interfering with access to the Application through viruses, Trojan horses, worms, time bombs, cancelbots and not to attempt to harm the Application's hardware or software.

You understake to conduct Yourself at all times in an orderly manner, respecting the rights and privacy of others.

You agree to not create or use scripts or programs outside of the implemented website functionality to automatically login, add or edit Products and categories or make other adjustments.

The User agrees to provide the Company with all reasonable assistance in ensuring that it is able to comply and provide the Company when required to comply with any third party Application owner's platform selling policy or similar rules or regulations.

You agree and acknowledge that any action that may harm the Application or the Company in any way may expose You to legal responsibility at Our own discretion.

You agree that We are not responsible or liable for any Content, including but not limited to, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by You, other Users. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or any other Content that You submit, post or display on the Application.

PROHIBITED USES AND RESTRICTIONS

You may only use the Application for lawful purposes and in accordance with these Terms. As a condition of Your use of the Application, You warrant that You will not use the Application for any purpose that is unlawful or prohibited by these Terms.

All Users utilizing the Application are prohibited from posting or submitting any Content with the following:

that is unlawful, untrue, libelous, defamatory, slanderous, obscene, pornographic, immoral, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or inappropriate;

that harasses, abuses, insults, harms, defames, slanders, disparages, intimidates, or discriminates based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any User or third parties, or that would otherwise create liability or violate any laws in the state of Kuwait;

that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any Users or third parties (including rights of privacy and publicity);

that impersonates any person or entity or otherwise misrepresents Your affiliation with a person or entity;

that is unsolicited promotions, political campaigning, advertising or solicitations;

private or personally identifiable information of any User or third party, including, without limitation, addresses, phone numbers, email addresses, social media accounts;

to upload or transmit viruses, corrupted data or other harmful, disruptive or destructive files that will or may be used in any way to affect the functionality or operation of the Application;

You further agree that You on behalf of Yourself or on behalf of a third party, You will not attempt or do any of the following:

Interfere with or disrupt the Application or Our computer systems, servers, or networks;

Attempt to gain unauthorized access to any part of the Application, to User Accounts, or to computer systems or networks connected to the Application; or

Engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such as web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise.

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network.

copy, download, distribute or disseminate in any capacity all Content on the Application,

use any aspect of the Application for any commercial purposes for monetary gain outside of the Application-defined purpose.

To attempt to scam other Users or third parties,

To collect or track the information of other User or third parties,

To express or imply that any statements You make are endorsed by Us,

Publish any non-public information about any of our Users without authorization;

To use Our name, logo or brand in any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication on Our behalf, or any false or misleading information,

To reproduce, modify, display, publicly perform, distribute or create derivative works of the Application or the Content;

To decode, decrypt, modify, or reverse engineer any methods or underlying algorithms or barcodes used on the Application,

To phish, pharm, pretext, spider, crawl, or scrape,

Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure,

To use the Application, Products, or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Application, Products, and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.

We prohibit all wrongful uses of the Application, such as an automated device, tool, software, algorithm, and procedure or bot to mine or collect data from the Application.

Unauthorised use of the Application may give rise to a claim for damages and/or be a criminal offence.

We may investigate incidents involving such violations, any violations of these Terms that may constitute or have the potential to constitute violations of law, You understand that we may report any such activity to, and cooperate with, Kuwait law enforcement.

MONITORING OF CONTENT
Given the nature of the Application and the volume of posts, the Company does not monitor all of the User Content posted by Users.

However, the Company reserves the right but undertakes no duty to do so and decide whether any post or any Content is appropriate and/or complies with these Terms.

The Company may remove any Content or post of a Product for otherwise violating these Terms and as determined by the Company in its sole and absolute discretion, at any time and without prior notice. The Company may also cancel Your access to the Application permanently if the Company has reason to believe the User is a repeat offender.

USER CONTENT

If you submit User Content on the Application, You grant the Company a worldwide, non-exclusive, transferable, sub-licensable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content for any purposes including marketing, in Our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to You or anyone else.

Our Application contains Content which may be either owned by or licensed to Us or our Users. The Content includes, but is not limited to the Products descriptions, images, design, layout, appearance, graphics and other information.

PRODUCTS POSTING ON THE APPLICATION

The Application facilitates and connects Users together by allowing Sellers to post offers of the Products to potential Buyers.

The Company cannot and does not verify or warrant the accuracy of any Product information and Concent including but not limited to the existence, ownership or condition of the Products, or as to the accuracy or completeness of any information about a Product listed on the Application.

The Seller shall be solely and fully responsible for any Content including the Products posts which may include the description, images and all further information relating to the Product on the Application.

We recommend that any and all concerns, differences or discrepancies regarding a Product should be addressed with the Seller prior to finalizing any purchase.

You understand that Your Content and information may be transferred unencrypted and involve a transmission over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

The Company does not create any Product post.

The Company does not control the Products posted by Sellers and does not have any obligation to pre-screen or monitor any Products. If at any time, Company chooses, in its sole discretion, to pre-screen or monitor any Product post, the Company nonetheless assumes no responsibility for any Product and has no obligation to modify or remove any inappropriate Product, and no responsibility for the conduct of the Seller submitting any Product.

The Company is not responsible for and cannot not confirm the Content of any Product posted by any Seller, including any and all information or images regarding its truth or accuracy and the Company cannot be held responsible or liable for any Product post or for any Seller.

The Seller must update any changes in the Content in the event that there are any changes in the status of the Products.

Any User shall promptly notify the Company in writing if they believe, within reason that the Products do not comply with these Terms.

ORDERING PROCE SS

All Users are required to create an Account in order to engage, participate and communicate with the Seller of any Product on the Application.

The Seller shall fully be responsible for arranging all aspects of the Ordering Process including any viewings, tests or checks for any all Products.

The Seller shall determine the final price and preparing any legal requirements for the sale and legal transfer of title of any Product.

The Company shall not be held responsible or liable for any issues stemming from the Ordering Process.

PRICES AND PAYMENT

All prices of Products on Our Application are set by the Seller.

The Buyer and Seller shall decide on the method of dealing with the financial tansactions such as payment and any details related to payment.

The Company shall not at any time be involved in or be responsible for any negotiation, mediation, financial transaction fees, costs or expenses relating to and associated from any sale or purchase of any Product.

The Company shall not be held responsible or liable for any issues arising out of the Prices and Payment clause.

DELIVERY/PICK UP AND TRANSFER

All arrangements relating to delivery/pick up and transfer of title of the Products shall be agreed upon and arranged between the Buyer and the Seller on a case by case basis.

The Seller agrees that on the date of transfer, the Seller shall be in possession of all necessary documents that will permit the appropiriate ministry to transfer title to the Product showing Buyer as the registered owner of the Product.

Buyer confirms that they are the legal owner of the Product.

The Company does not facilitate and is not responsible for any delivery/pick up and transfer of the Products.

IDEAS AND SUGGESTIONS

The Company welcomes any ideas and/or suggestions (hereinafter referred to as “Feedback”) regarding any improvements to Our Application. You may do so by going to Settings and clicking on contact.

Under no circumstances shall any disclosure of any Feedback to the Company be subject to any obligation of confidentiality or expectation of compensation.

By submitting any Feedback to Us, (whether submitted directly to Us or posted on the Application), You waive any and all rights in the Feedback and give the Company the right to choose to implement and use the Feedback if desired, as provided by You or as modified by the Company, without obtaining permission from You.

Your Feedback should describe Your experience with the use of the Application, or Your interaction with a Seller or a Buyer. A Feedback may not include name-calling or profanity.

The Company does not make any promises as to what actions We will or not take with respect to any Feedback. Feedback is just to give the right to the Users to express their experiences and the Company shall at no time be bound to take any action with respect to any Feedback.

PRIVACY

The Company is firmly committed to protecting the privacy of Your personal information and Your User Account Information. By using Our Application, You acknowledge and agree that the usage and disclosure of Your personal information including Your User Account Information is governed by Our Privacy Policy. All Users are obliged to read and accept Company’s Privacy Policy and Disclaimer prior to using Our Application.

COMMUNICATION WITH THE COMPANY

Any communication between any Users and Company shall be via e-mail or through the Application, which is our only accepted official forms of communication.

Any communication between any Buyer and Seller shall be decided between themselves.

All e-mail notices shall be sent to admin@ivimotors.com

If You choose to contact Us by any other means, including through Our social media accounts, We may not be able to process your enquiry in a timely manner, or may not be able to process your enquiry at all.

As such, We will not be liable or held responsible for any damages or claim that may arise to You from Your failure to contact us via our accepted communication channels.

We will contact You via the email You provided Us with to communicate with You and therefore We suggest You check Your email account frequently.

We cannot accept responsibility where You do not meet an important deadline or incur other disadvantages arising from not checking Your email.

THIRD PARTY LINKS

From time to time the Application may also include or contain links to other third party applications or websites. These may come in the form from the Sellers or the community of Users who are not directly connected to the running of the Application. In providing such links, the Company does not accept responsibility for or endorse the content of any of the links

INTELLECTUAL PROPERTY

You must acknowledge, understand and agree that all of the Companies, the Applications, design, practices, descriptions, images, trademarks, copyright, trade name, service marks, and other logos within the Application and any brand features, and/or Products and service names are trademarks and as such, are and shall remain the property of the Company or the relevant third party or Seller. You must not to display and/or use in any manner the Company, the Products, the Application logo or marks from the Application without obtaining prior written consent.

All programming, including without limitation all code contained in this Application, is owned by the Company and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

Unless otherwise stated, the Company, the Seller, or its licensors, own all Intellectual Property Rights in the Application and Products. Use of this Application is permitted only where expressly authorised by the Company as set out herein these Terms.

The Company supports the protection of intellectual property and asks Sellers to do the same. It is Our policy to respond to all notices of alleged copyright infringement.

LANGUAGE

The Terms are available in both the English and Arabic languages. Any disputes arising out of these Terms will be resolved in Arabic as required by applicable law.

SEVERABILITY

If any provision, or portion of the provision, in these Terms is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms, and the Terms will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms. And the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

DISPUTE RESOLUTION

In the event of a dispute arising between the Company and any User, the Parties shall undertake to to settle it amicably before commencing litigation.

In all disputes, all Users release the Company and it’s affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

GOVERNING LAW AND JURISDICTION

These Terms shall be interpreted and construed in accordance and governed by laws of the state of Kuwait. You agree to submit to the exclusive jurisdiction of the courts of Kuwait to resolve any legal matter arising from the Terms.

You acknowledge and agree that Your use of Our Application is governed by Our Privacy Policy and the laws of the state of Kuwait.

WAIVER AND ENTIRE TERMS

The failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision by the Company.

These and any policies or operating rules posted by us on the Application constitutes the entire terms and understanding between You and Us and govern Your use of the Application, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us, including, but not limited to, any prior versions of the Terms.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Application or on the posts of the Products that contains typographical errors, inaccuracies or omissions that may relate to the Product descriptions, pricing, promotions, offers, and availability.

We undertake no obligation to update, amend or clarify information on the Products.

WARRANTY

YOU EXPRESSLY AGREE THAT USE OF THE APPLICATION AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK.

THE COMPANY AND ITS AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE APPLICATION, THE SOFTWARE, THE PRODUCTS, THE CONTENT, THE LISTINGS OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING.

THE APPLICATION, THE SOFTWARE, THE PRODUCTS, THE CONTENT AND THE LISTINGS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE COMPANY AND ITS AFFILIATES SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT.

ALL INFORMATION RELATED TO PRODUCTS AVAILABLE ON THE APPLICATION IS SUPPLIED BY THE SELLERS OR OTHER THIRD PARTIES. THE COMPANY AND THE AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE BUYER OF ANY PRODUCT AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE PRODUCT, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A PRODUCT POSTED ON THE APPLICATION. THE COMPANY CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION FOR ANY PARTICULAR PURPOSE. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A PRODUCT MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE PURCHASE OF THE PRODUCT.

THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR CONTENT POSTED ON THE APPLICATION. NOR SHALL ANY FEEDBACK POSTED ON THE APPLICATION BY ANY USER BE CONSIDERED THE OPINION OR STANCE OF THE COMPANY.

THE COMPANY DOES NOT MAKE ANY WARRANTIES ON THE ACCURACY, TIMELINESS OR SECURITY OF THE APPLICATION OR THAT THE USE OF THE APPLICATION WILL BE FREE FROM ANY ERRORS, VIRUSES, TROJANS, WORMS OR OTHER MATERIAL WHICH IS MALICIOUS OR TECHNOLOGICALLY HARMFUL.

YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE APPLICATION, CONTENT OR PRODUCTS.

INDEMNITY

As a condition of use of the Application, You agree to indemnify the Company and its affiliates against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys’ fees), and damages arising out of claims resulting from Your use of the Application, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these Terms or any User Content submitted by You.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, THE COMPANY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY NATURE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR IN CONNECTION WITH THE USE OF OR INABAILITY TO USE THE APPLICATION.

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

THE COMPANY IS NEITHER RESPONSIBLE NOR LIABLE IN ANY WAY FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OR INFRINGEMENT RELATING TO ANY PRODUCTS POSTED ON THE APPLICATION.

ANY CONTENT DISPLAYED ON THE APPLICATION, OR ANY TRANSACTION YOU CONSUMATE IN CONNECTION WITH YOUR USE OF OR ACCESS TO ANY CONTENT INCLUDING, WITHOUT LIMITATION, ANY PRODUCT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY IS NOT RESPONSIBLE OR LIABLE (UNDER ANY THEORY OF LIABILITY) FOR ANY USER’S OR THIRD PARTY VIOLATION OF LAWS OR REGULATIONS RELATING TO THE PURCHASE AND/OR SALE OF PRODUCTS.

USERS FURTHER UNDERSTAND AND ACKNOWLEDGE THAT THEY MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST COMPANY WITH RESPECT THERETO.

THE COMPANY DOES NOT ENDORSE ANY USER CONTENT OR FEEDBACK EXPRESSED THEREIN.

IF YOU ARE DISSATISFIED WITH THE APPLICATION, ANY PRODUCT, ANY CONTENT OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION.

YOU ACKNOWLEDGE, BY YOUR USE OF THE APPLICATION, THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK.