Deerha Website Use Agreement and Terms
Company and App Definition:
Deerha Advertising & Marketing Company LLC is a company established under the provisions of Kuwait laws and its head office is located in Kuwait. Deerha is a specialized company in the field of electronic network marketing and provides marketing services through its Deerha App on iPhone, iPad and android devices as well as all the devices connected with internet.
Description of services:
According to this agreement, the Company provides marketing services to its members by presenting their works on the app and transmitting promotional advertisement through which these services are offered to the clients who have the desire to obtain such services. Especially if such services are characterized by creative work aiming to establish a new idea and enticing offers. The Company informs the user of these distinguished services, which the member can provide and the user can benefit from through the app for a commission to be paid according to an agreement between the parties in accordance with all the applicable laws regulating on-line commerce in Kuwait.
The purpose of this website is to provide a simple and comforting service to users and link them with premium members in different fields with innovative and new services and ideas. Therefore, this app is designed to fit with all the options available for the users on the internet.
In addition, the Company/ the App does not interfere, in any manner whatsoever, with the preparation, production or making of any of the materials used in the service provided by the member through the app, as the member is solely responsible for such process. Furthermore, the member shall organize his obligations and schedules and update them periodically and constantly as the app principally aims to provide the search feature to find such services in an easy and quick manner to the app user who will immediately and directly become a party in this agreement once they download and installs the app on his internet-connected device.
Agreement Terms:
This agreement shall be legally binding and shall act as an official acknowledgment of legal eligibility of its users once it is accepted and the Company may keep the information included here in and reject any visitor or user deemed unfit for the website’s general policy.
First: Definitions:
When interpreting this agreement, the following expressions shall have the meanings below unless the context requires otherwise:
Deerha Company: herein after referred to as “the Company”.
Member: the person/ entity offering the service and owner of the creative work aiming to establish a new thing or highlighting an idea.
App: the app of Deerha Company.
Use Agreement: the agreement related to using the website.
Service or product: anything including services and consumptive and non-consumptive goods offered by the member on the app.
Service or operation: the marketing operation performed by the Company to market the services or products of a member on the website.
User: any natural or legal person benefiting from the provided services.
Second: How to obtain Service or Product:
When a user chooses a service offered by a member, the Company through its app presents a confirming page to assure acceptance of the offered service. Then, the user and the member agree together upon the time and place for providing the agreed service. The user and member shall comply with such agreement (photography studio, saloon, user’s home, outdoor location, etc.) as agreed with the user without any responsibility on the Company in this regard.
After the user confirms the selected service and agree with the member upon the place and time to implement the transaction, the Company presented to both, the user and the member a notification or reminder of the time and place one day before the transaction.
In case the user cancels the transaction agreed upon with the member in the same day of the transaction, the paid amount will be refunded after deducting 2.500 KD (two Kuwaiti Dinars and 500 fils only) due to failure to fulfill the agreement. In case the member cancels the appointment the amount of the service will be fully refunded to the user. In case the member cancels the previously booked and paid appointment with sending the user reschedule the appointment request; the option will be in the user behavior to accept and reschedule or reject the request. A- if the user accepts, He or She must select another date, and time; and the paid amount will be saved. B- if the user rejected the request the paid amount will be fully refunded.
Third: Eligibility:
The user gets a “username” and “password” to be determined by him and known only to him as the company is not responsible for any problems arising out of using the password. The user shall be fully responsible for his uses and all the transactions made by him.
Fourth: Users’ Obligations and Behavior:
Besides the personal information that the app shall comply with its confidentiality in the privacy policy, the user shall not, under this agreement, use the app for any illegal or unauthorized purposes including but not limited to transmitting any illegal, libelous, defamatory, threatening, harmful or obscene materials, sending any materials violating the law, religions, doctrines, faiths or morals, purchasing prohibited, suspicious or stolen exhibits or those violating the laws applicable in local government ministries, agencies and establishments, or the intellectual property rights of third parties or causing damages to the app.
The user is solely responsible for all the ideas, opinions and personal information provided during using the app, as well as for all the files uploaded to the app or the personal information sent to the app. In addition, the Company will not be responsible, in any manner whatsoever, for such files. The user shall not also misuse the website (including through piracy), cause disturbance and/or threaten other users, or violate the privacy of others. Furthermore, the user shall not provide wrong information about his connection with another person and act in a manner affecting the use of the services by other users or provide any information that might cause damages to the names of any persons or establishments, or advertise or participate in any harmful actions.
Fifth: User’s Undertakings:
The user acknowledges that he reviewed all the terms included herein with due diligence and undertakes to comply therewith and the provisions thereof at all times when using the app.
Sixth: Company Rights:
The Company shall solely and exclusively have the rights indicated below without any legal obligations towards the user or any other party for providing any reason at any time or in any manner.
The Company shall have the right to use, reproduce, disclose, present, share, distribute, amend or make copies of works, or improve or amend any content created by the user and provided for any reason, whatsoever, without any restrictions, obligations, notifications or compensation.
The Company shall also have the right to install cookies or similar app or information on all the devices on which the portal is installed in relation to the user and change the installed elements.
The Company shall have the right not to engage the user in some tasks and activities, amend, restrict, suspend, terminate, cancel or take similar procedures in relation to this agreement, portal, user account, task and activity.
Seventh: Company’s Authority:
The Company may temporarily suspend or completely stop the system at any time and will not be responsible towards any member or third party for such suspension or stoppage. In addition, the Company alone has the rights of property and publication arising of ownership of information, documents, software, designs, charts, etc. produced by itself and/ or purchased from external sources.
Furthermore, all the comments published on the app belong to the Company, which shall have the right to reproduce, amend, translate, transfer, and/or distribute all the materials related to the comments.
Eighth: Duration and Termination of the Agreement:
Without prejudice to the content of the agreement, the duration of this agreement shall be determined as the user requires.
This agreement shall be deemed as it has lost all its terms and conditions in case of end of subscription during the agreed time period without any responsibility on the Company.
This agreement shall be deemed terminated by force of the law without any need for excuse, warning or court order if the user violated any of the obligations stipulated herein.
Ninth: Confidentiality:
According to this agreement, the Company undertakes to maintain confidentiality of all the information received by the Company in its capacity as a party hereof and undertakes to do its best to maintain and cause its employees and affiliates to maintain confidentiality of such information and not to disclose or use any of the secrets it might review under this agreement.
Tenth: General Provisions:
This agreement does not grant any right or benefit to any other party. Other parties are not entitled to impose any clause or enter as a party in this agreement.
Invalidity: invalidity or inapplicability of any clause hereof shall not affect other clauses and provisions herein. This agreement shall be interpreted, in all respects, as if the invalid or inapplicable provisions are not stipulated in this agreement, unless this makes continuity of the agreement burdensome.
Assignment: this agreement shall neither be assigned nor transferred by any party to any other party without a prior written consent from the other party.
Partnership: this agreement does not form or represent any kind of partnership, agency or legal representation, and each party shall be responsible for his own actions. In addition, the user may not prevent the Company from enabling another party to use the app