Terms & Conditions

Terms and Conditions of the Service Contract

Preamble

The user has to read this document carefully.

  • While the entire contractual relationship relating to these products is solely between the owner, users and service providers, the users and service providers acknowledge and agree that if this Application is made available to them through the Apple App Store, Apple may enforce these terms as an external beneficiary.
  • Nothing in these conditions provides for an employment relationship, agency or partnership between the concerned parties.

This app is provided by:

Findem Company

Kuwait, Sharq, Block 2, Avenue 24, Ahmed Al Jaber Street, Floor B1, Office 24

Support team email: support@just-findem.com

Support team contact number: +965 99575202

 

What the user shall know in a nutshell:

  • Use of this application and the service is restricted by age, as detailed in the relevant section of this document.
  • Minors may access this application and use its service only under the supervision of their legal representative, whether he is a guardian, trustee or otherwise, and the parties to the relationship are bound by it.

 

The terms of use detailed in this section generally apply when using this app, which is owned by Findem Company, and the parties to the relationship are bound by them.

Special or additional access or use methods may apply in specific cases and in such cases are specifically indicated in this document, and in which these conditions also apply:

When using this application, users confirm that they are familiar with and meet the following requirements:

  • The service provider alone guarantees the responsibility, quality and validity of the service provided.
  • The service requester has the right to choose whomever he deems appropriate from the service providers and the right to communicate with him and to consider whether or not his service is accepted, provided that he alone bears the responsibility for accepting the service without any responsibility falling on the owner now or in the future.
  • There are no restrictions on users in terms of being consumers or business users/service providers;
  • Minors may not use this application except under the supervision of their legal representatives.
  • Users are not located in a country that is prohibited by the State of Kuwait, or a country that has been designated by the Government of Kuwait as a “terrorist supporter” country.
  • Users are not included in any list of prohibited parties issued by the Government of Kuwait.
  • The owner deserves 7% of the value of the service, "slightly negotiable", in return for the services provided by the virtual office, such as conversations, smart contracts, arranging requests and all work.

Account Registration

To use the Service, Users may register or create a User Account providing all required data or information in a complete and correct manner.

Users may also use the Service without registering or creating a user account, however this may cause the availability of certain features or functionality to be limited.

To provide the services, users have to request their activation as service providers found in the section below of the menu tab after user registration. The user shall also provide the data required for the application in a complete and correct manner and submit the application. Fund Management will review the request and may contact the user to request additional details or requirements. After the process is completed, the user may or may not be accepted as a service provider on the Findem platform.

When registering with the application, the user is fully aware of all the terms and conditions of the service and therefore adheres to all its provisions.

Login data

Users are responsible for the incorrectness of the login data registered by them.

Users and Service Providers are responsible for maintaining the confidentiality and security of their login credentials. For this reason, users and service providers also have to choose passwords that meet the highest standards of strength that this application allows.

Upon registration, users and service providers agree to take full responsibility for all activities that take place under their username and password.

Users and Service Providers are requested to immediately and unambiguously inform the Owner through the contact details indicated in this document, if they believe that their personal information, including but not limited to user accounts, access credentials or personal data, has been breached or unnecessarily disclosed or the account has been stolen.

Account Registration Terms

Registration of user and service provider accounts in this application is subject to the conditions described below. Upon registration, users agree to meet these conditions.

  • Accounts registered by registration bots or any other automated methods are not allowed.
  • Each user shall register only one account, unless otherwise specified.
  • A user account may not be shared with other people, unless expressly permitted.

Account Closing

Users and Service Providers may close their accounts and stop using the Service at any time by doing the following:

  • Using the tools dedicated to closing the account in this application.
  • By contacting the owner directly via the contact details provided in this document.

Account Suspension and Deletion

The Owner reserves the right, in its sole discretion, to suspend or delete User Accounts that it deems inappropriate, offensive or in violation of these terms at any time and without notice.

Suspension or deletion of User Accounts shall not entitle Users to any claims for compensation, damages, or reinstatement of accounts.

In the event of suspension or deletion of accounts as a result of user misuse, such suspension or deletion does not exempt him from paying any applicable fees or rates.

Application Content

Unless otherwise stated or clearly identified, all content available on this application is owned or provided by the owner or license providers.

The owner makes every effort to ensure that the content provided in this application does not violate any applicable legal provisions or rights of a third party. However, it may not always be possible to adequately achieve such an item.

In such cases, and without prejudice to any legal powers of users to enforce their rights, Users are kindly requested to report related complaints using the contact details provided in this document.

Rights related to the Content of this Application - All Rights Reserved

The owner retains and reserves all intellectual property rights to any such content.

Therefore, users may not use such content in any manner that is unnecessary or implied in the intended use of the Service.

 Users without limitation may not copy, upload, share (exceeding the limits set forth below), modify, translate, transfer, publish, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this application. It is not allowed to any third party to do so through the user or their devices even without the knowledge of the user.

Where expressly stated in this application, the user may upload, copy and/or share certain content available through this application for its own personal, non-commercial use only provided that the copyright attributes and all other attributes requested by the owner are properly implemented.

Any applicable legal limitation or exception to copyright shall not be affected.

Content Provided by Users / Service Providers

The Owner permits Users and Service Providers to upload, share or submit their Content and Agreements in this Application.

By providing the Content and Agreements in this Application, Users and the Service Provider confirm that they are legally permitted to do so and that they are not violating any legal provisions and/or rights of a third party.

Rights Related to the Content Provided by Users

Users acknowledge and accept that by providing their Content on this Application, they grant the Owner a non-exclusive, full, royalty-free license to process such Content solely to operate and maintain this Application as contractually required.

Users, to the extent permitted by applicable law, waive any moral rights in connection with the content they submit to this Application.

Users acknowledge, accept and confirm that all content that they provide through this application is subject to the same general terms as the content on this application.

Responsibility for the Submitted Content

Users are solely responsible for any content they upload, post, share or submit through this Application. Users also acknowledge and agree that the Owner is not responsible for filtering or modifying such Content.

However, the Owner reserves the right to remove, delete, block or correct this Content at its sole discretion and to refuse the Uploaded User access to this Application without prior notice in the following cases:

  • if you receive any complaint based on such content;
  • If a notice of infringement of intellectual property rights is received.
  • Order from a public authority.
  • Where the Owner is informed that the Content, while accessible through this Application, may present a risk to Users, third parties and/or the availability of the Service.

Removal, deletion, blocking or correction of Content does not entitle users who have provided such Content or those responsible for it to any claims for compensation, damages or refund.

Users agree to hold the Owner harmless from any asserted claim and/or damages caused to the Owner by reason of the Content they have submitted or uploaded through this Application.

Remove Content from Parts of This App Available Through the App Store

If the reported content is deemed objectionable, it will be removed within 24 hours and the user who submitted the content will be banned from using the service.

Agreements Provided by Users / Service Providers

The owner allows users and service providers to submit their own agreements in this application.

Users and Service Providers confirm that they are legally bound to honor their agreement and acknowledge that the Agreement is between the User and the Service Provider only. The owner does not share any responsibility in the agreement. conflict that may arise from the agreements between the user and the service providers shall be resolved, and the owner shall not be liable for any conflict that may arise from these agreements. Agreements are also set when the service is moved to the "ongoing" phase within the application/website flow. The Owner may act as a mediator to resolve conflict between Users.

Acceptable Use

This Application and the Service may only be used to the extent that they are designated under these Terms and applicable law.

Users are solely responsible for ensuring that their use of this Application and/or Service does not violate any applicable law, regulation or rights of a third party.

Therefore, the Owner reserves the right to take any appropriate action to protect its legitimate interests including denying users and service providers access to this Application or Service, terminating contracts and reporting any misconduct conducted through this Application or Service to the appropriate authorities – judicial or administrative – When users engage in or are suspected of engaging in any of the following activities:

  • Violate laws, regulations and/or these Terms.
  • Violation of any third-party rights.
  • Significantly harming the legitimate interests of the owner.
  • Offending the owner or any third party.
  • Suspected money laundering.

"Tell a friend"

This app gives users the opportunity to get benefits if any new user purchases a product offered on this app as a result of their recommendation.

To take advantage of this offer, users may invite others to purchase products on this app by sending them a "tell a friend" Code provided by the owner. These features can only be redeemed once.

If any of the invited persons redeems the Tell a Friend Code when purchasing the Products in this Application, the Inviting User shall obtain the feature or benefit (eg: price reduction, additional service feature, upgrade, etc.) specified in this Application.

Tell a Friend codes may be limited to certain products among those displayed in this app.

The owner reserves the right to terminate the offer at any time in its sole discretion.

Although there is no general limitation on the number of people who can be invited, the amount of advantage or benefit that each invitee user can get may be limited.

Software License

Software included in or associated with this application is provided under license with some rights reserved.

This means that users are granted rights to use, install, copy or distribute the software to the extent specified by this license.

Terms and Conditions of Sale

Paid Products

Some of the products offered in this application are provided with a payment option, as part of the Service.

The fees, term and conditions applicable to the purchase of these products are set out below and in the designated sections of this application.

Product Statement

Prices, descriptions or availability of products are indicated in the respective sections of this application and are subject to change without notice.

While the products in this application are presented as technically accurate as possible, representation in this application by any means (including by condition, diagrams, images, colors and sounds) is for reference only and does not imply any warranty as to the characteristics of the product purchased.

The characteristics of the selected product will be determined during the purchase process.

Procurement Process

Any steps taken from selecting a product to ordering an application form part of the purchasing process.

The purchase process includes the following steps:

  • Users shall select the desired product and check the purchase selection.
  • After reviewing the information displayed in the purchase selection, users can place the order by submitting it.

Submission of the application

When a user submits a request, the following points apply:

  • Placing an order means entering into a contract and therefore the system creates for the user or service provider an obligation to pay the price, taxes, fees and possible additional expenses as specified on the order page.
  • In the event that the purchased product requires active input from the user or service provider such as the provision of personal information, data, specifications or special wishes, the submission of the order creates an obligation for the user or service provider to cooperate accordingly.
  • Upon placing the order, users or the service provider will receive a receipt confirming receipt of the order.

All notices relating to the purchase described shall be sent to the email address provided by the User for these purposes.

Prices

Users or service providers will be informed during the purchase process and prior to placing an order of any fees, taxes and charges they will be charged (including delivery costs if any).

Prices are shown in this app:

  • Either exclusive or inclusive of any applicable fees, taxes and charges, depending on the section the user is browsing.

Offers and Discounts

The owner or any seller may offer discounts or make special offers to purchase products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set forth in the corresponding section of this Application.

Offers and discounts are always granted at the sole discretion of the owner or seller. However, recurring offers or discounts do not give users the right to impose any claim/property or compensation in the future. Also, the discounts or offers shall be valid for a limited time only or while stocks last, depending on the situation.

Payment Methods

Information regarding accepted payment methods is provided during the purchase process.

Certain payment methods may only be available subject to additional terms or charges, in such cases the relevant information can be found in the dedicated section of this application.

All payments are processed independently by third-party services. Therefore, this app does not collect any payment information - such as credit card details - but only receives a notification once a payment has been successfully completed.

If payment through the available methods fails or is rejected by the Payment Service Provider, the Owner shall not be obligated to process the Purchase Order, and the User or Service Provider shall bear any possible costs or fees resulting from the failed or declined payment.

 

 

Retain Ownership of The Product (Service)

Any products ordered will not become the property of the user until the total purchase price has been received by the service provider. In addition to the right of the owner in the percentage thereof.

In the event that the service provider obtains any amounts in advance from the sale price, he shall be obligated to deliver the service in accordance with the specifications specified upon request.

Reservation of usage rights

Users do not acquire any rights to use the purchased product until the service provider receives the total purchase price, as well as the owner's percentage.

Delivery

Digital Content Delivery

Unless otherwise stated, digital content purchased on this Application will be delivered via download to the device(s) chosen by the Users or the Service Provider.

Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and software (including operating systems) shall be legal, commonly used, up-to-date and compatible with current market standards.

Users acknowledge and agree that the ability to download the purchased Product may be limited in time and location.

Service Performance

The purchased service shall be performed or made available within the time frame specified in this application or as reported prior to placing the order.

 

 

 

 

Term of Contract

Trial Period

Users have the option to test this app or selected products during a limited, non-renewable trial period at no cost. Certain features or functions of this application may not be available to users during the trial period.

Additional terms applicable to the trial period including its duration will be specified in this application.

The trial period ends automatically and will not be converted to a paid product unless the user or service provider purchases that paid product.

Subscriptions

Subscriptions allow users or service providers to use the product continuously or regularly over a specified period of time.

Paid subscriptions begin on the day the owner receives payment.

In order to maintain subscriptions, users or service providers shall pay the required recurring fees in a timely manner. Failure to do so may result in interruption of service.

Fixed-term subscriptions

Paid Term Subscriptions begin on the day payment is received by the Owner and continue for the Subscription Term selected by the User or Service Providers or otherwise specified during the purchase process.

Once the subscription period has expired, the product will no longer be available, unless the user renews the subscription by paying the relevant fee.

Fixed-term subscriptions may not be terminated prematurely and expire upon expiry of the subscription period.

 

Subscriptions via Apple ID

Users may subscribe to a Product using the Apple ID associated with their Apple Store app account using the relevant process within that App. In doing so, users acknowledge and accept the following points:

  • Any outstanding payment will be charged to their Apple ID account;
  • Subscriptions automatically renew for the same duration unless the user cancels at least 24 hours before the end of the current period;
  • Any and all fees or payments due for renewal will be charged within 24 hours prior to the end of the current period;
  • Subscriptions can be managed or canceled through users' Apple Store app account settings.

The above shall prevail over any conflicting or conflicting provision of these Terms.

Cancellation

Recurring subscriptions can be canceled at any time by sending a clear and unambiguous cancellation notice to the owner using the contact details provided in this document or by using the relevant control settings within this application, if applicable.

User Rights

Right of Withdrawal

Unless exceptions apply, the User has the right to withdraw from the Contract within the period specified below (generally 14 days) for any reason and without justification. Users can also learn more about the terms of withdrawal in this section.

The right of withdrawal does not apply to contracts entered into with the owner, however, it may apply to contracts with sellers. However, if applicable, the right to withdraw from the contracts entered into with Sellers via this Application is subject to the terms and conditions provided by each Seller in this Application.

 

Liability and Compensation

Limitation of Liability

Nothing in these Terms excludes, limits or modifies any warranty, condition, right or remedy that the User may have under competition and consumer law or similar legislation in the country which cannot be excluded, limited or modified (Non-Excludable Right). Our liability to the User, including liability for breach of a non-excludable right and liability that is not excluded under these Terms of Use at the sole discretion of the Owner, is limited to the performance of the Services or the payment of the cost of returning the Services provided again, to the fullest extent permitted by law.

Disclaimer of Warranties

This application is provided strictly "as is" and "as available" on the basis that the use of the service is the responsibility of the users or service providers. To the fullest extent permitted by applicable law, the owner expressly disclaims all conditions, representations and warranties – whether express, implied, statutory or otherwise – including without limitation any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. on third party rights. No advice or information, whether oral or written, obtained by the user or service providers from the owner or through the service will never give any warranty not expressly stated in this document.

Without limiting the foregoing, Owner, its affiliates, licensors, officers, directors, agents, co-brands, partners, suppliers, and employees do not warrant that the Content is accurate, reliable or correct, that the Service will meet the requirements of users or service providers, or that the Service will be available at any time or a specific or uninterrupted place or a safe place; or that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any acquisition of any Content downloaded or otherwise obtained through the use of the Service is the sole responsibility of the Users, and the Users shall be solely responsible for any damage to their computer system, service providers, or mobile device or loss of data resulting from such downloading or use of the Service. users of the service.

The Owner does not warrant, endorse, confirm or take responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, nor shall the Owner be a party to any transaction between Users and third parties – i.e. Parties providing products or services.

The Service may be inaccessible or may not function properly with the users' web browser, mobile device and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from the content, operation or use of the Service.

Limitation of Liability

To the fullest extent permitted by applicable law, the Owner, its subsidiaries, affiliates, officers, directors, agents, co-brands, partners, suppliers and employees shall in no event be liable for:

any indirect, punitive, incidental, special, consequential or exemplary damages including without limitation damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use or inability to use the Service.

  • any damage, loss or injury resulting from hacking, tampering, or unauthorized access or use of the Service, the user account or the information therein;
  • any errors, malfunctions or inaccuracies in the content;
  • personal injury or property damage of any kind resulting from the user's access to or use of the Service;
  • any unauthorized access to or use of the Owner's secure servers and all personal information stored therein;
  • any interruption or interruption of transmission to and from the Service;
  • Any bugs, viruses, hacking or the like that may be transmitted to or through the Service.
  • Any errors or omissions in any Content or for any loss or damage resulting from the use of any Content posted, emailed, transmitted or otherwise made available through the Service.
  • The defamatory, offensive or illegal conduct of any user or third party, and the Owner, its subsidiaries, affiliates, officers, directors, agents, brand owners, partners, suppliers and employees shall not be liable for any claims, suits, liabilities, damages, losses or costs in excess of the amount paid by them User to Owner under this Agreement in the previous 12 months, or the term of this Agreement between Owner and User, whichever is shorter.

This limitation of liability section also applies to the fullest extent permitted by law whether the alleged tort, liability or negligence is based on contract or other basis, even if the Company has been advised of the possibility of such damage.

Compensation

The User or the Service Providers agree to defend and hold harmless the Owner, its subsidiaries, affiliates, officers, directors, agents, co-brand owners, partners, suppliers and employees from and against any and all claims or demands, damages, liabilities, losses, liabilities, costs or debts and expenses including without limitation Legal fees and expenses arising from:

  • User's use and access to the Service, including any data or content sent or received by the User;
  • User's breach of these Terms including, without limitation, User's breach of any of the representations and warranties set forth in these terms;
  • User's violation of any rights of a third party including, without limitation, any right to privacy or intellectual property rights;
  • the user's violation of any statutory law, rule or regulation;
  • any content transmitted from a user's account including third party access by use of their own username, password, or other security measure, if any, including but not limited to information that is misleading, false or inaccurate; Intentional misconduct of the user. or
  • Legal provision by User or its affiliates, officers, directors, agents, co-brands, partners, suppliers and employees to the extent permitted by applicable law.

General Provisions

Non-Compromise

Owner's failure to assert any right or provision under these terms shall not constitute a waiver of this and no waiver shall be deemed a further or continuing waiver of this term or any other provision.

Service Cut Off

To ensure the best possible level of service, the Owner reserves the right to interrupt the service for maintenance, system updates or other changes, and to notify users appropriately.

The Owner may, within the limits of the law, also decide to suspend or terminate the Service altogether. In the event of termination of the Service, the Owner will cooperate with Users or Service Providers to enable them to withdraw personal data or information in accordance with applicable law.

In addition, the Service may not be available for reasons beyond the reasonable control of the Owner such as “Force Majeure” (for example: business procedures, infrastructure failures, power outages etc.).

Resell Service

Users may not reproduce, duplicate, copy, sell, resell or exploit any part of this Application and its Service without the prior express written permission of the owner granted either directly or through a legitimate resale.

Privacy Policy

Users can refer to this application's privacy policy to learn more about the rights to use their personal data.

Intellectual Property Rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights such as copyright, trademark rights, patent rights and design rights relating to this Application (Virtual Office) are the exclusive property of the owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks – nominal or pictorial – and all other trademarks, trade names, service marks, word marks, illustrations, images or logos that appear in connection with this Application are the exclusive property of the owner or their licensees and are subject to protection afforded by applicable laws or international intellectual property treaties.

Modifications to These Terms

The Owner reserves the right to modify or otherwise change these Terms at any time. In such cases, such modifications shall be appropriately notified by the Owner to the User, and they shall be effective against him from the date of notification unless he then stops using the Service.

Continued use of the Service will signify the User's acceptance of the revised terms. If users do not wish to be bound by the modifications, they shall stop using the Service. Failure to accept the revised Terms may give either party the right to terminate the Agreement.

The applicable prior version will govern the relationship prior to user acceptance. The user can get any previous version of the owner.

The Owner shall specify the date on which the revised Terms will enter into force if required to do so by applicable law.

Contract Assignment

The Owner reserves the right to transfer, assign or assign any or all of the rights or obligations under these Terms by renewal or subcontracting, subject to the legitimate interests of the User. The provisions relating to changing these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this application are made using the contact information provided in this document.

Independence

If any provision of these terms is held to be or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in effect and have the same full effect.

US users

Any invalid or unenforceable provision will be interpreted and reformed to the extent reasonably required to make it valid, enforceable and consistent with its original purpose. These Terms constitute the entire agreement between the Users and the Owner with respect to the subject matter herein and supersede all other agreements including without limitation all prior agreements between the parties with respect to such subject matter. These terms will also be enforced to the fullest extent permitted by law.

Users in the European Union

In the event that any provision of these terms is held to be invalid, invalid or unenforceable, the parties shall use their best efforts to reach agreement on valid and enforceable provisions in an amicable manner and thereby replace the invalid, invalid or unenforceable portions.

If you fail to do so, the invalid, invalid or unenforceable provisions shall be replaced by the applicable legal provisions, if permitted or required by applicable law.

Without prejudice to the foregoing, the invalidity, unenforceability or impossibility of enforcement of a particular provision of these Terms shall not invalidate the entire Agreement, unless the relevant provisions are necessary to the Agreement or would otherwise result in the parties not entering into a contract if they knew that the provision would not is valid or in cases where the remaining provisions will translate into unacceptable hardship for either party.

Governing Law

These Terms are governed by the law of the owner's location, as described in the relevant section of this document, without regard to principles of conflict of laws.

Exception for European consumers

However, notwithstanding the foregoing, if the user qualifies as a European consumer and has his or her usual place of residence in a country where the law provides for a higher level of consumer protection, these higher standards shall prevail.

Jurisdiction

The exclusive jurisdiction to resolve any conflict arising out of or related to these Terms lies with the courts of the location in which the Owner is located, as described in the relevant section of this document.

Conflict Resolution

Amicable Conflict Resolution

Users and service providers may raise any conflict to the owner who will endeavor to resolve them amicably.

While the users' right to take legal action shall always remain unaffected, in the event of any conflict regarding the use of this application or service, users are requested to contact the owner through the contact details provided in this document.

The user may send the complaint to the owner via the dedicated section of this application and follow the instructions provided.

The owner will process the application without undue delay and within 10 days of receiving it.

Conflict between users or service providers to each other or between any of them and another are resolved amicably, and any of them may raise any conflict that may arise between them as a result of their interaction through this application to the owner, who will then try to mediate the conflict in order to achieve an amicable solution.

While their respective right to take legal action shall always remain unaffected, in the event of any conflict between them relating to the use of this application or service, they are requested to contact the owner through the contact details provided in this document.

Online conflict Resolution

The European commission has established an online conflict resolution platform as an alternative method to facilitate out-of-court conflict resolution to resolve any conflict relating to or arising from contracts for online sales and services.

As a result, any European consumer or service providers can use this platform to resolve any conflict arising from contracts concluded online. The platform is available at the following link.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage