Terms & Conditions
WELCOME TO KUWAITI BAZAAR!
PLEASE READ THIS IMPORTANT LEGAL INFORMATION THAT GOVERNS YOUR USE OF THE KUWAITI BAZAAR.COM WEBSITE AND THE SERVICES.
06 June, 2021
These Terms are made between Kuwaiti Bazaar (“we” “us” “our”, the “Company”, as applicable) and you (“you” or the “User”). The Company is part of Kuwait Bazaar which operates various websites and the Website. Kuwait Bazaar also offer services other than the Service, such as car inspections, car evaluations, and photography services. KUWAIT mainland services such as car inspections, evaluations and car brokering services are also carried out by Kuwaiti Bazaar.
If you are a company advertising on our Website, you will be required to enter into additional terms and conditions set out in our Advertising Agreement, however, please note that these Terms will still apply and must be read in conjunction with any other agreement you enter into with the Company.
The following capitalised terms shall have the following meaning, except where the context otherwise requires:
1. “Advertising Agreement” – an agreement for the provision of advertising services or products entered into between the Company and the Client.
2. “Ad Services Package” – the bundle of advertising product or service which the Company agrees to provide to the Customer, as set out in the relevant order form provided by the Company and signed by the Client to order the Ad Services Package pursuant to these Terms and the terms of the Advertising Agreement.
3. “Affiliates” – any company that is controlled or owned by Kuwaiti Bazaar
4. “Client” – the client entity that is party to the Advertising Agreement.
5. “Customer” – any customer of the Client.
6. “Kuwaiti Bazaar” - Kuwaiti Bazaar which is the owner of www.Kuwaiti Bazaar.com.
7. “Effective Date” – the date set out at the top of these Terms.
8. “Intellectual Property Rights” – all intellectual property, including patents, trade marks, rights in goodwill, database rights and rights in data, rights in designs, copyrights and topography rights (whether or not any of these rights are registered, and including applications and the right to apply for registration of any such rights) and all inventions, rights in know-how, trade secrets and confidential information, customer and supplier lists and other proprietary knowledge and information and all rights under licences and consents in relation to any such rights and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world for their full term, including any renewals and extensions.
9. “Material” – material and content published on the Website or otherwise provided by the Company in connection with the Service.
11. “Product” – an online classifieds advertising platform provided on the Website and the Ad Services Package.
12. “Posting Agents” - a third-party agent, service or intermediary that offers to post Material to the Service on behalf of others.
13. “Registration Details” - the details a User must provide upon registering for the Website from time to time (for example: name, phone numbers, email address, age and/or address).
14. “Service” – the provision of the Website and the Product.
15. “Unacceptable” – any material or information uploaded to or made available on the Website which under the law of any jurisdiction from which the Website may be accessed may be considered:
1. illegal, illicit, indecent, obscene, racist, offensive, pornographic, paedophilic, insulting, false, unreliable, misleading, harmful or potentially harmful to minors, threatening, libellous, alleged to be or actually defamatory or in infringement of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights), invasive of another’s privacy or other rights, to relate to or encourage money laundering or illegal gambling;
2. in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
3. in contravention of legislation, including without limitation, that relating to weapons, animals or alcohol; or
4. harmful to the Company’s reputation.
18. “User Material” – material and content posted on the Website by a User or otherwise provided to the Kuwaiti Bazaar by a User in connection with the Website or the Service.
2. General Terms and Conditions Which Apply to Users
1. In registering for this Website, the User must provide true, accurate, current and complete Registration Details which the User must update after any changes (except age) before using the Website for further services in the future.
2. The User hereby agrees and acknowledges that the Website may contain adverts placed by advertisers or companies in the course of business for goods or services (and which the Company takes no responsibility for). Advertisers or companies using the Website or the Service to place adverts offering goods or services of a business, commercial or trade nature must include their full names in the advert and make it clear that they are selling goods or services in the course of business either by the content, format, size or place of the advertisement or by including words such as “trade”, “dealer”, “agent”, “wholesale” or similar in the name of the advert they submit for publication.
3. The User hereby warrants and represents to the Company that it is at least eighteen years of age and legally able to enter into contracts.
4. The Company reserves the discretion to withdraw any Material or User Material from the Website without prior notice and to refuse any User Material posted or provided to the Company by a User.
6. The User hereby authorises the Company to use any information which it submits to the Website to inform the User of special offers, occasional third party offers and for other marketing and related purposes. Without prejudice to Clause 2.5 above, the Company will not use User data for any other purposes than as set out in these Terms except that the Company may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.
7. If the User does not wish the Company to use its information as set out in Clause 2.6 above, it should leave the Website before submitting its personal details.
8. If the User does not want the Company to use its email address or SMS/mobile number to send information concerning the Website and related matters, the User should send an email message to info@Kuwaiti Bazaar.com and insert unsubscribe as the subject heading of such message.
9. You must keep confidential any user identification and password details set-up or given to you as part of our security procedures and must not disclose them to any third party.
10. The Company reserves the right to suspend or terminate a User’s account where, in its absolute discretion, it deems the User has breached these terms or deems such suspension or termination is otherwise appropriate. In the event of such suspension or termination, the Company will notify the User by email and the User must not seek to re-register on any Website either directly or indirectly through a related entity. The Company’s rights under this Clause 2.10 shall not prejudice any other right or remedy the Company may have in respect of any breach, or any rights, obligations or liabilities accrued prior to such suspension or termination.
11. For the avoidance of doubt, the Company is providing a service not goods.
12. The Kuwaiti Bazaar owns all Intellectual Property Rights in and associated with the Website and the Service, including without limitation, any trade marks, trade names, designs, text, graphics and the selection and arrangement thereof. Nothing contained in the Website should be construed as granting by implication or otherwise, any license or right to use any trademark displayed on the Website without our written permission. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others to content posted on the Website but you must not modify the digital or paper copies of any materials you have printed off or downloaded in any way, and you must not use any photographs or videos separately from any accompanying text. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. Material displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.
13. The Company takes reported and actual infringement of Intellectual Property Rights and fraud extremely seriously and whilst Users cannot hold the Company liable in relation to such issues, the Company requests all Users to report such matters immediately to the Company, and the Company inform the appropriate authorities.
14. If you are an owner of Intellectual Property Rights or an agent who is fully authorised to act on behalf of the owner of Intellectual Property Rights and believe that any Material or other content infringes upon your Intellectual Property Right or the Intellectual Property Rights of the owner on whose behalf you are authorised to act, you may submit a notification to the Company together with a request to the Company to delete the relevant Material in good faith. The notification and the request must contain the following information:
1. a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the Intellectual Property Rights claimed to have been infringed, or, if multiple Intellectual Property Rights can be covered by a single notification, a representative list of such works;
3. identification of the Material (by means of data or communication link, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the Material;
4. information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and an electronic mail address;
5. a signed statement that you have a good faith belief that use of the Material in the manner complained of is not authorised by the Intellectual Property Rights owner, its agent, or the law;
6. a signed statement that the Intellectual Property Rights owner holds the Company harmless from any claim of any third party in connection with the Company removing the relevant content; and
7. a signed statement that the information in the notification is accurate and under penalty of perjury that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
15. All notifications under Clauses 2.13 and 2.14 must be sent to info@Kuwaiti Bazaar.com.
16. Users will be invited to send comments to the Company email relating to the integrity and performance of other Users.
17. The following restrictions shall apply to all Users. You must:
1. not use the Website or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Website or any Service or any operating system;
2. not transmit any material designed to interrupt, damage, destroy or limit the functionality of the Website or the Service;
3. use any form of automated device or computer program (sometimes referred to as “flagging tools”) that enables the use of the Company’s “flagging system” or other community control systems without each flag being manually entered by a human that initiates the flag (an “automated flagging device”), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these terms or any applicable law or regulation;
4. not use any automated software to view the Service without our consent (including use of spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g, Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file) and only access the Service manually;
5. not use the Service other than for your own personal use or as an agent listing property for sale and to rent;
6. not attempt to copy any Material or reverse engineer any processes without the Company’s consent;
7. not use any Service in any manner that is illegal, immoral or harmful to the Kuwaiti Bazaar;
8. not use any Service in breach of any policy or other notice on the Website;
9. not remove or alter any copyright notices that appear on the Website;
10. not publish any User Material which is or may be Unacceptable or that may encourage a breach of any relevant laws or regulations;
11. not interfere with any other User’s enjoyment of the Website or the Service;
12. not conduct yourself in an offensive or abusive manner whilst using the Website or the Service;
13. not contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any User to post advertisement on a third party website or post any advertisement on behalf of such User;
14. “stalk” or otherwise harass anyone;
15. not collect personal data about other Users or entities for commercial or unlawful purposes;
16. not transmit any User Material that:
1. harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
2. includes personal or identifying information about another person without that person's explicit consent;
3. impersonates any person or entity, including, but not limited to, a Company employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
4. is protected by copyright or patent, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant the Company all of the license rights granted herein;
5. infringes any of the foregoing Intellectual Property Rights of any party, or is User Material that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
6. constitutes or contains “pyramid schemes”, “jokes”, “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “bait marketing”, “negative option marketing”, “referral selling” or unsolicited advertisements of a commercial nature;
7. constitutes or contains any form of advertising or solicitation if: (i) posted in areas or categories of the Website which are not designated for such purposes; or (ii) e-mailed to the Company Users who have requested not to be contacted about other services, products or commercial interests; and
8. includes links to commercial services or third party websites, except as specifically allowed by the Company.
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