TERMS & CONDITIONS OF USE / CLIENTS

Please read the following General Terms and Conditions (Terms and Conditions) carefully as the provisions contained herein shall govern your access and use of our application “Turuba” hereinafter referred to as Application. This Application is owned by or on behalf of AlWazzan National Company for General Trading and Contracting, having its registered office at Sharq, Block 2, 20 Ahmad Aljaber Street, Mezzanine floor, Office 7. Turuba is a subsidiary of AlWazzan National Company for General Trading and Contracting.  Our Application provides a platform for household owners (hereinafter “Clients”) to have access to the services of competent and trained Service Providers (“hereinafter referred to as Service Provider”) through our Application. To facilitate the provision of the services of the Service Providers is hereinafter referred to as “the Services” and any additional services introduced by us and contained within constitutes acceptance by you of these Terms and Conditions.

The introduction of the Service Providers to the Users by Turuba, directly or indirectly, is confidential and such introductions are made individually. If the Client or a member of the Client's family, staff or any acquaintance or associate of the Client (or associated firm or corporate body relating to any of them), passes on an introduction to any other person or persons within six months of the Service Provider's introduction to the User by Turuba, resulting in the engagement of the Service Provider, the Client shall be liable for payment of the 270 KWD to Turuba. Turuba shall not be responsible for any losses, expenses, damage, delay, costs or compensation (whether direct, indirect or consequential) suffered by you due to the engagement of the Service Provider through third party reference.

By downloading or otherwise accessing the Application you hereby agree to be bound by the following general terms and conditions and privacy policy. There may be the addition of additional features in the Application and those special features may have its own terms and conditions and those additional terms and conditions would also apply in context of use of an Application along with the Terms and Conditions.

 

1. GENERAL

1.1 The Application is owned and operated by Turuba and/or its associates, related parties, successors and assigns (collectively hereinafter referred to as “Turuba”,"Provider", “us”, “we” and/ or “our”.

1.2The terms and conditions set below apply to:

a) any persons accessing and downloading the Application ("User"); and

b) any persons supplying in any way personal information (including name. age, height, weight, gender, medical history and email address) to the Provider through or in connection with the Application, whether by way of the Provider's contact form, by email or otherwise ("Registered User"). As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach of this condition.

c) If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.

 

Both categories of users are collectively referred to as “Client” "Users", "you" or "your" in this Terms and Conditions.

1.3 By becoming a User, you hereby acknowledge and agree to be bound by the Terms and Conditions.

We may suspend or stop providing the services if you do not comply with our terms and conditions and policies.

Using our Application as well as various services provided by us through our Application does not grant you any Intellectual property rights in Our Application and Services or content provided by us except your personal data or information uploaded on our Application.

2. ELIGIBILITY FOR REGISTRATION AND ACCOUNT SAFETY

In consideration of you becoming a registered Service Provider, you represent and warrant that:

 

a) you are 21 years of age or older;

b) you have the capacity to form a binding contract;

c) you are not a person barred from accessing or using the Application under the governing laws of the Terms and Conditions; and

d) your access or use of the Application does not violate any applicable law or regulation.

e) You will keep your contact information accurate and up-to-date.

f) You will not share your password or do anything else that might jeopardize the security of your account.

 

We may refuse the registration of any individual to become a User at our own discretion.

 

3. BOOKINGS AND PAYMENTS

3.1. Clients can make online bookings for the Service Providers according to their specified requirements along with the details of the sitting location maximum 24 hours in advance. 

3.2. The client bank account will be charged once the booking is confirmed and the Service Provider has reached finished providing the service.

3.3. The payments shall be made on an hourly basis as follows:

 

 

 

 

 

 

 

            3.4. All the payments for the Services availed of by the User shall be made online via our Third Party payment providers Tap                    Payments

4. CANCELLATION OF BOOKINGS

4.1. The User may cancel the bookings at least three hours prior to the scheduled arrival time of the Service Provider at the session location, free of charge.

4.2. No service fee shall be charged from the Service Provider. A Knet online payment fees shall apply.

4.3. In case the User cancels any bookings, less than three hours before the scheduled arrival time of the Service Provider, then the User shall be under obligation to pay 5 K.D. to the Service Provider to cover her transportation charges etc.

5.  OBLIGATIONS OF THE USER

 

5.1. The Users will respect and treat the Service Providers with complete professionalism and make them feel safe at all times. The User may ONLY ask the Service Providers to conduct the following services:

  1. Window Cleaning

  2. Bathroom Cleaning

  3. Mattress Cleaning

  4. Furniture Cleaning

  5. IRONING

  6. Kitchen Cleaning

  7. Washing Dishes

  8. Vacuum Cleaning

  9. Laundry

  10. Carpet Cleaning

The above tasks might change from time to time, under the discretion of Turba, please check the platform for any updates.

5.2. The tasks requested are to be highlighted prior to the scheduling of the Service Provider, under no circumstances may Client or a member of the Client's family, staff or any acquaintance or associate of the Client(or associated firm or corporate body relating to any of them), request any additional services in person.

5.3. Under no circumstances may Client or a member of the Client's family, staff or any acquaintance or associate of the Client(or associated firm or corporate body relating to any of them), put the Service Provider in an uncomfortable or an illegal situation.

5.4. The house exists must be clear at all times, and under no circumstances, may the doors or the house be locked.

 

6. EXCLUSION OF LIABILITY AND DISCLAIMER

 

6.1. You acknowledge that the decision to employ a Service Provider is your sole responsibility and Turuba gives no warranty, representation or undertaking as to the history, character, age, experience, capability, suitability, honesty or immigration status of any Service Provider nor as to the completeness, truthfulness or accuracy of any information or statement or reference provided by the Service Provider.

6.​2. You acknowledge the risks inherent in participating in a housekeeping service and hereby waive all rights to any claim for damages from, and relieve, release, and forever discharge from any claim for damages, any and all of Turuba and any person involved in creating, producing or distributing the Turuba service or information pertaining to the Turuba service. Turuba does not accept any liability whatsoever for the misrepresentation, loss, damage, injury, death delay, claims or expense of any description arising out of an introduction made by Turuba

6.​3. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorses any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.

6.​4. You expressly understand and agree that the Provider, its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss or profits, goodwill, use, data or other intangible losses, even if the Provider has been advised of the possibility of such damages, resulting from:

a) The accessing of, or the inability to access, the Application, the use of, or the inability to use of the Application, all implied warranties, terms and conditions relating the Application;

b) Unauthorized access to or alteration of any of your transmissions or data, including any User Content; and

c) Any warranty, terms or conditions as to the accuracy, operability, completeness, quality of the Application.

 

7. WARRANTIES AND DISCLAIMERS

 

We are using a commercially reasonable level of skill and care and we hope that our User would enjoy the use of our Application. We hereby do not warrant any commitment about the content within the services, the specific functions of the services, suitability and reliability of the services to your specific needs. Turuba endeavors to ensure, but cannot guarantee, the suitability of the Service Providers. Suitability includes, but is not limited to, a Service Provider’s character, honesty, reliability or professional capacity. You shall, before engaging the Service Provider, satisfy yourself of all such matters.

 

8. INDEMNITY

You agree to fully indemnify, defend and hold the Provider, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims or demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your:

 

a) access and use of the Application or any Application Contents thereof;

b) violation of the Terms and Conditions;

c) violation of privacy policy or

d) violation of any rights of another.

 

9. PRIVACY AND COPYRIGHT

 

9.1 All copyright in all material contained on, in or available through Application are owned by the Provider or its proprietary holders, and you are required to abide by all copyright notices contained on the Application.

9.2 Except to the extent otherwise specifically authorized by the Provider and/or the proprietary holders:

 

a) you may not copy, modify, translate, publicise, reproduce, exploit, broadcast, transmit, distribute, perform, display or sell any of, or any portion of, any or all material, or create any derivative works thereof, and you may not use any of the material in connection with any commercial endeavors, whether in whole or in part;

b) you may not alter the text, graphics, images, audio visual or any other materials.

9.3 Any unauthorized reproduction, publication, further distribution or public exhibition of the material, in whole or in part, is strictly prohibited.

9.4 In addition, the domain name, the Provider's name, logo, other names and logos of the Provider as may be created, produced or used from time to time ("Marks") are trademarks or registered trademarks of the Provider and its affiliated companies. Without express and written prior permission, you agree not to display or use in any manner the Marks for any purpose whatsoever.

 

10. CONFIDENTIALITY

10.1 Each party undertakes to the other to treat as confidential all information in any medium or format (whether marked "confidential" or not) which that party (the "Recipient") receives from the other (the "Disclosing Party") ("Confidential Information")

10.2 The Recipient may disclose Confidential Information of the Disclosing Party where required to do so by law or by any competent regulatory authority. In these circumstances the Recipient shall give the Disclosing Party prompt advance written notice of the disclosure (where lawful and reasonably practical to do so)  so that the Disclosing Party has sufficient opportunity (where reasonably possible) to prevent or control the manner of disclosure by appropriate legal means.

10.3 Turuba may disclose the client personal information to third parties (including but not limited to):

 

a) in the event that Turuba sells or buys any business or assets, in which case Turuba may disclose the Client's personal data to the prospective seller or buyer of such business or assets;

 

b) if Turuba or substantially all of its assets are acquired by a third party, in which case personal data held by it about its Clients will be one of the transferred assets; and

 

c) If Turuba is under a duty to disclose or share Turuba’s personal data in order to comply with any legal obligation, or in order to enforce or apply these terms and conditions and other agreements; or to protect the rights, property, or safety of Turuba, their Service Providers, its clients or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

10.4 Turuba reserves the right to use comments and feedback Clients give on Application as a way of promoting our services

 

11. ADVERTISEMENTS AND OTHER COMMERCIAL CONTENT

 

For the benefit of the user and the advertisers, we use to deliver advertising and other commercial or sponsored content. The provision of advertising and other commercial or sponsored content you shall agree to provide us the permission:

We do not give your content to advertisers without your consent.

12. MODIFICATIONS TO THE APPLICATION, CONTENT AND TERMS AND CONDITIONS

12.1 The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application or any part thereof, with or without notice to you. You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Application or any part thereof. The most current version of the Terms and Conditions as posted on this page shall supersede all previous versions.

12.2 It is your responsibility to check regularly to determine whether a new version of the Terms and Conditions has been uploaded. If you do not agree to any revisions pursuant to the upload of a new version of the Terms and Conditions, then you must immediately stop using the Application.

12.3 You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Application, and/or amendments to the Terms and Conditions. Your continued use of the Application after such modifications or amendments shall constitute an acceptance of your agreement to be bound by the Terms and Conditions, as amended.

13. OFF SITE LINKS

13.1 In order to offer increased value to our Users, the Provider may provide, or third parties may provide, links to other websites or resources, which you may access at your sole discretion.

 

 

13.2 You understand and acknowledge the Provider has no control over such sites and resources. In this respect, you also acknowledge and agree that the Provider is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.

 

13.3 You further acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

14. EMAIL POLICY

14.1 We will not respond unless required to do so by law to any email sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.

14.2 Where appropriate we will endeavor to respond to all emails within [15 days] of receipt, but we cannot and do not guarantee to respond to any Emails. All emails will generally be stored for [four weeks] after which time they will automatically be deleted.  Any email sent to the incorrect destination is liable to be deleted immediately.

15. PRIVACY POLICY

 

The use of any personal information collected from you is subject to our Privacy Policy, which is incorporated into this Terms and Conditions by reference.

 

16. NO THIRD PARTY BENEFICIARIES

 

You agree that, except as otherwise expressly provided in this Terms and Conditions, there shall be no third party beneficiaries to this Terms and Conditions, and that you may not assign your profile or registration to any other persons.

 

17. NOTICES

 

If you choose to provide us with a nominated email address, unless you expressly inform us otherwise, the Provider may communicate with you by providing you with notices regarding updates, changes or additions to the Application or Services offered through or in connection with the Application.

 

18. GOVERNING LAW

 

This Terms and Conditions of use and any obligations arising out of or in relation to the Terms and Conditions shall be governed by and construed in accordance with the Laws of Kuwait.

 

19. JURISDICTION

You understand, agree and acknowledge that the Courts of the State of Kuwait are to have jurisdiction to settle any dispute (including claims for set-off and counterclaims and disputes relating to any non-contractual obligations) which may arise out of or in connection with the Terms and Conditions and for such purposes irrevocably submit to the jurisdiction of the aforesaid Courts.

20. ENTIRE AGREEMENT

20.1 The Terms and Conditions of use constitute the entire agreement between you and the Provider and govern your access and use of, or purchase through or in connection with the Application, superseding any prior agreements between you and the Provider.

20.2 You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services of the Provider, affiliated services, third-party content or third-party software.

 

21. WAIVER AND SEVERABILITY OF TERMS

21.1 The failure of the Provider to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

 

21.2 If any provision of the Terms and Conditions is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

 

22. VIOLATIONS AND INFRINGEMENTS

 

Any violations or infringement of the Terms and Conditions should promptly be reported by the User by emailing the Provider at [admin@turuba.com]

TERMS & CONDITIONS OF USE / SERVICE PROVIDERS

Please read the following General Terms and Conditions (Terms and Conditions) carefully as the provisions contained herein shall govern your access and use of our application “Turuba” hereinafter referred to as Application. This Application is owned by or on behalf of AlWazzan National Company for General Trading and Contracting, having its registered office at [Sharq, Block 2, 20 Ahmad Aljaber Street, Mezzanine floor, Office 7. Turuba].  Our Application provides a platform for the parents or the clients to have access to the services of competent and trained child caregivers (“hereinafter referred to as “Service Providers”) through our Application. The provision of the services of the Service Providers is hereinafter referred to as “the Services” and any additional services introduced by us and contained within constitutes acceptance by you of these Terms and Conditions.

By downloading or otherwise accessing the Application you hereby agree to be bound by the following general terms and conditions and privacy policy. There may be the addition of additional features in the Application and those special features may have its own terms and conditions and those additional terms and conditions would also apply in the context of use of an Application along with the Terms and Conditions.

 

1. GENERAL

1.1 The Application is owned and operated by Turuba and/or its associates, related parties, successors and assigns (collectively hereinafter referred to as “Turuba”,"Provider", “us”, “we” and/ or “our”.

1.2The terms and conditions set below apply to:

a) any persons accessing and downloading the Application ("Visitor"); and

b) any persons supplying in any way personal information (including name. age, height, weight, gender, medical history and email address) to the Provider through or in connection with the Application, whether by way of the Provider's contact form, by email or otherwise ("Registered User"). As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach of this condition.

c) If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details. 

 

Both categories of users are collectively referred to as “Service Provider” "Users", "you" or "your" in this Terms and Conditions.

1.3 By becoming a User, you hereby acknowledge and agree to be bound by the Terms and Conditions.

We may suspend or stop providing the services if you do not comply with our terms and conditions and policies.

Using our Application as well as various services provided by us through our Application does not grant you any Intellectual property rights in Our Application and Services or content provided by us except your personal data or information uploaded on our Application.

2. ELIGIBILITY FOR REGISTRATION AND ACCOUNT SAFETY

In consideration of you becoming a registered Service Provider, you represent and warrant that:

 

a) you are 21 years of age or older;

b) you have the capacity to form a binding contract;

c) you are not a person barred from accessing or using the Application under the governing laws of the Terms and Conditions; and

d) your access or use of the Application does not violate any applicable law or regulation.

e) You will keep your contact information accurate and up-to-date.

f) You will not share your password or do anything else that might jeopardize the security of your account.

 

You must also submit the following documents for  our KYC process:

a) Your valid Civil ID

b) Signed Declaration Form

c) Two Reference Letters (preferred)

At our discretion, we may ask for further documents. Also at our discretion we may refuse any individual from being a registered Service Provider.

3. CANCELLATION OF BOOKINGS

4.1. The User is under obligation to give advance notice of at least 3 hours prior to the cancellation of any booking. 

4.2. In case, more than 3 hours prior notice is given by the User for the cancellation of bookings, Turuba would use its reasonable effort to arrange a replacement. In case of non-availability of replacement, Turuba shall offer a full refund to the client for prospective booking.

4.3. If the Service Provider fails to give an advance notice of at least 3 hours prior to the time of booking for a cancellation, she will receive two formal warnings  after which if the offense is repeated her profile will be deleted from the Application

permanently and the Service Provider shall not be able to avail the Services offered by the Application.

 

4.  OBLIGATIONS OF THE SERVICE PROVIDER

 

4.1. It is important that the Service Provider takes pride in her job and maintain a level of professionalism at all times. We at Turuba have created this online platform to provide professional jobs and also a safe working environment for Service Providers. If you face any unprofessionalism from the User’s of the app or anyone present at the house, or feel unsafe physically or emotionally in any way, please contact the police or contact us as soon as possible. The safety of all our online platform users and out integrity is important to us.

4.2. The Service Provider shall inform Turuba of any offer of employment made by the client directly. The Service Provider shall not accept any employment from any prospective client to whom she has been introduced to by Turuba. In case the Service Provider accepts the employment without notifying Turuba prior and receiving written approval, the Service Provider shall be liable to pay [120 Kuwaiti Dinar] to Turuba.

4.3. The Service Provider shall be under obligation to inform Turuba regarding her relation with any Service Provider recruitment agency.

4.4. The Service Provider takes pride in her job and maintains a level of professionalism at all times.

 

5. EXCLUSION OF LIABILITY AND DISCLAIMER

 

5.1. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorses any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere. 

5.​2. You expressly understand and agree that the Provider, its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss or profits, goodwill, use, data or other intangible losses, even if the Provider has been advised of the possibility of such damages, resulting from:

a) The accessing of, or the inability to access, the Application, the use of, or the inability to use of the Application, all implied warranties, terms and conditions relating the Application;

b) Unauthorized access to or alteration of any of your transmissions or data, including any User Content; and

c) Any warranty, terms or conditions as to the accuracy, operability, completeness, quality of the Application.

 

6. WARRANTIES AND DISCLAIMERS

 

We are using a commercially reasonable level of skill and care and we hope that our User would enjoy the use of our Application. We hereby do not warrant any commitment about the content within the services, the specific functions of the services, suitability and reliability of the services to your specific needs. 

 

7. INDEMNITY

You agree to fully indemnify, defend and hold the Provider, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims or demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your:

 

a) access and use of the Application or any Application Contents thereof;

b) violation of the Terms and Conditions;

c) violation of privacy policy or

d) violation of any rights of another.

 

8. PRIVACY AND COPYRIGHT

 

8.1 All copyright in all material contained on, in or available through Application are owned by the Provider or its proprietary holders, and you are required to abide by all copyright notices contained on the Application.

8.2 Except to the extent otherwise specifically authorized by the Provider and/or the proprietary holders:

 

a) you may not copy, modify, translate, publicise, reproduce, exploit, broadcast, transmit, distribute, perform, display or sell any of, or any portion of, any or all material, or create any derivative works thereof, and you may not use any of the material in connection with any commercial endeavors, whether in whole or in part;

b) you may not alter the text, graphics, images, audio visual or any other materials.

8.3 Any unauthorized reproduction, publication, further distribution or public exhibition of the material, in whole or in part, is strictly prohibited.

8.4 In addition, the domain name, the Provider's name, logo, other names and logos of the Provider as may be created, produced or used from time to time ("Marks") are trademarks or registered trademarks of the Provider and its affiliated companies. Without express and written prior permission, you agree not to display or use in any manner the Marks for any purpose whatsoever.

 

9. CONFIDENTIALITY

9.1 Each party undertakes to the other to treat as confidential all information in any medium or format (whether marked "confidential" or not) which that party (the "Recipient") receives from the other (the "Disclosing Party") ("Confidential Information")

9.2 The Recipient may disclose Confidential Information of the Disclosing Party where required to do so by law or by any competent regulatory authority. In these circumstances the Recipient shall give the Disclosing Party prompt advance written notice of the disclosure (where lawful and reasonably practical to do so)  so that the Disclosing Party has sufficient opportunity (where reasonably possible) to prevent or control the manner of disclosure by appropriate legal means.

9.3 Turuba may disclose the client personal information to third parties (including but not limited to):

 

a) in the event that Turuba sells or buys any business or assets, in which case Turuba may disclose the Client's personal data to the prospective seller or buyer of such business or assets;

 

b) if Turuba or substantially all of its assets are acquired by a third party, in which case personal data held by it about its Clients will be one of the transferred assets; and

 

c) If Turuba is under a duty to disclose or share Turuba’s personal data in order to comply with any legal obligation, or in order to enforce or apply these terms and conditions and other agreements; or to protect the rights, property, or safety of Turuba, their Service Providers, its clients or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

9.4 Turuba reserves the right to use comments and feedback Service Providers give on Application as a way of promoting our services

 

10. ADVERTISEMENTS AND OTHER COMMERCIAL CONTENT

 

For the benefit of the user and the advertisers, we use to deliver advertising and other commercial or sponsored content. The provision of advertising and other commercial or sponsored content you shall agree to provide us the permission:

We do not give your content to advertisers without your consent.

11. MODIFICATIONS TO THE APPLICATION, CONTENT AND TERMS AND CONDITIONS

11.1 The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application or any part thereof, with or without notice to you. You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Application or any part thereof. The most current version of the Terms and Conditions as posted on this page shall supersede all previous versions.

11.2 It is your responsibility to check regularly to determine whether a new version of the Terms and Conditions has been uploaded. If you do not agree to any revisions pursuant to the upload of a new version of the Terms and Conditions, then you must immediately stop using the Application.

11.3 You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Application, and/or amendments to the Terms and Conditions. Your continued use of the Application after such modifications or amendments shall constitute an acceptance of your agreement to be bound by the Terms and Conditions, as amended.

12. OFF SITE LINKS

12.1 In order to offer increased value to our Users, the Provider may provide, or third parties may provide, links to other websites or resources, which you may access at your sole discretion.

 

 

12.2 You understand and acknowledge the Provider has no control over such sites and resources. In this respect, you also acknowledge and agree that the Provider is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.

 

12.3 You further acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

13. EMAIL POLICY

13.1 We will not respond unless required to do so by law to any email sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.

13.2 Where appropriate we will endeavor to respond to all emails within [15 days] of receipt, but we cannot and do not guarantee to respond to any Emails. All emails will generally be stored for [four weeks] after which time they will automatically be deleted.  Any email sent to the incorrect destination is liable to be deleted immediately.

14. PRIVACY POLICY

 

The use of any personal information collected from you is subject to our Privacy Policy, which is incorporated into this Terms and Conditions by reference.

 

15. NO THIRD PARTY BENEFICIARIES

 

You agree that, except as otherwise expressly provided in this Terms and Conditions, there shall be no third party beneficiaries to this Terms and Conditions, and that you may not assign your profile or registration to any other persons.

 

16. NOTICES

 

If you choose to provide us with a nominated email address, unless you expressly inform us otherwise, the Provider may communicate with you by providing you with notices regarding updates, changes or additions to the Application or Services offered through or in connection with the Application.

 

17. GOVERNING LAW

 

This Terms and Conditions of use and any obligations arising out of or in relation to the Terms and Conditions shall be governed by and construed in accordance with the Laws of Kuwait.

 

18. JURISDICTION

You understand, agree and acknowledge that the Courts of the State of Kuwait are to have jurisdiction to settle any dispute (including claims for set-off and counterclaims and disputes relating to any non-contractual obligations) which may arise out of or in connection with the Terms and Conditions and for such purposes irrevocably submit to the jurisdiction of the aforesaid Courts.

19. ENTIRE AGREEMENT

19.1 The Terms and Conditions of use constitute the entire agreement between you and the Provider and govern your access and use of, or purchase through or in connection with the Application, superseding any prior agreements between you and the Provider.

19.2 You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services of the Provider, affiliated services, third-party content or third-party software.

 

20. WAIVER AND SEVERABILITY OF TERMS

20.1 The failure of the Provider to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

 

20.2 If any provision of the Terms and Conditions is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

 

21. VIOLATIONS AND INFRINGEMENTS

 

Any violations or infringement of the Terms and Conditions should promptly be reported by the User by emailing the Provider at [admin@turuba.com]