SHRAYEK

Platform “Shrayek” Using Agreement

Welcome to the Platform “Shrayek”.

“Shrayek” works as an online Platform for assessing the restaurants, some of their products and the publication of their advertisements upon request according to these terms and conditions:

Section 1: Definitions of Terms

Section 2: Legal Scope of Our Services

Section 3: Legal Nature of Terms and Conditions

Section 4: The Use of The Platform “Shrayek”

Section 5: Granted Licences

Section 6: Telecommunications

Section 7: Intellectual Property Rights

Section 8: Terms and Conditions of Owners of The Restaurant

Section 9: Terms and Conditions of Assessment

Section 10: Legal Liability of The Parties to The Agreement

Section 11: Conditions of Exemption From Liability or Limiting It

Section 12: Taxes and Fees

Section 13: Assignment of Rights and Obligations

Section 14: Modifications

Section 15: Cancellation of The Agreement

Section 16: Applicable Law and Competent Courts

Section 17:  Notices

Section 18: Language

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Section 1: Definitions of Terms

In this agreement unless otherwise required by the context, the following terms shall have the meanings referred to.

“The Platform”, “We”, “First Person Pronoun” or “Possessive Pronoun”  refers to Shrayek.com and the application “Shrayek”.

“User”, “you” or "your” refers to each person visiting or using the Platform in anyway.

“Restaurant” shall refer to each shop, company, institution or person publishing the advertisement of his restaurant via “Shrayek”.

“Owners of The Restaurant” shall refer to the persons having entered into a contract with us for the purpose of publishing this advertisement online via “Shrayek”.

“Member” shall refer to each person benefiting from the services provided by the owners of restaurants.

“Advertisement” shall refer to each online advertisement connected with the owners of restaurants contracting with us for publishing this advertisement online via “Shrayek”.

“Service” shall refer to the service received by the customers at the restaurant.

“Agreement” shall refer to this document as well as the terms and conditions contained herein.

“Appendix of The Agreement” shall involve all the descriptions of the services published on the home page of the Platform or the subsequent pages as well as all the contracts which supplement this agreement and which shall form an integral part of this agreement.

“Parties to The Agreement” shall refer to all the persons who submit to the terms and conditions provided herein including the rights and obligations.

Section 2: Legal Scope of Our Services

(1) “Shrayek” works as an online Platform for assessing the restaurants, some of their products and the publication of their advertisements upon request and our role doesn’t exceed that. We don’t have a supervisory or monitoring authority over the owners of the restaurant. We don’t represent the owners of the restaurant and we aren’t agents of owners of the restaurant. Moreover, the provisions of labour, agency, sponsorship laws and other legal provisions connected with the legal liability for the acts of servants or third parties shall not apply to us. You expressly agree on the nature of our work and role and you deal via the Platform out of these terms.

(2) The Platform “Shrayek” shall not be deemed to be an internet service provider, shelter provider or information content provider. Also, it shall not be treated as a publisher of any content published via the Platform or via any property available for communication via the Platform including messages, chatting etc.

(3) You know of and agree on the exemption of the Platform “Shrayek” from any liability arising from the acts of third parties. Whether he is a owner of the restaurant or customer etc.

Section 3: Legal Nature of Terms and Conditions

(1) This agreement and its appendixes shall be deemed to be the entire and final agreement between the Platform “Shrayek” on one hand and any person visiting or using the Platform or any of its features or advantages on the other hand.

(2) This agreement shall be deemed to be a valid contract satisfying the legal conditions and elements and shall be enforceable against all said parties. Its provisions and obligations shall be binding on all of them and neither party may derogate from it or terminate it since it has resulted in its legal effects.

(3) All parties declare that this agreement forms the entire agreement among them. They declare that they didn’t rely on any emphasis whether oral or written for accepting this agreement other than the provisions stated herein.

(4) The description of the services and the subsequent pages of the Platform prepared by the Platform “Shrayek” shall form an integral part of this agreement.

(5) The amendments of this agreement shall have the same legal provision and effect of this agreement.

Section 4: The Use of The Platform “Shrayek”

You declare that you have the legal capacity necessary for concluding and accepting this agreement and that you have the full unrestricted legal authorities according to the following conditions:

(1) It is stipulated as for the user of the Platform “Shrayek” that he has a civil and legal capacity and he is completely discrete and sane as well as being legally liable for his contracts and acts.

(2) It is stipulated for the user of the Platform “Shrayek” that he has the legal capacity necessary for concluding contracts and we shall not be responsible for ascertaining the capacity of any of the users of the Platform.

(3) with your use of the services of the Platform “Shrayek” you agree on this agreement and you declare are that you are legally bound by the terms and conditions provided for in this document or its amendments.

(4) The account shall be based on the personal consideration and you may not claim that you have registered on behalf of a company, institution, any entity or any other person.

(5) Choice of Membership Name:

- It is preferred that the user registers in his personal name getting away from the choice of fake names that don’t express a personality and he undertakes not to include the word “Shrayek” in his name.

- The choice of the alias isn’t mandatory for the member but the choice of the alias gives you the advantage of recognizing your assessments that will be published on the main pages of “Shrayek”.

(6) Choice of Membership Photo:

The user undertakes not to set photos of third parties or indecent photos or carrying the logo of shrayek.

(7) The services of the Platform are available in all parts of the world and you declare and agree that you are bound by all the terms and conditions provided for in this agreement regardless of the state to which you belong or through which you enter into the Platform or on whose territory the services of the Platform are received.

(8) You declare and agree upon the Platform the terms and conditions of this agreement to you even if they conflict with the supplementary rules of law in your country and you declare that in case this agreement conflicts with the jus cogens in your country, you will not use the services of this Platform.

(9) You undertake to register in the Platform with correct mobile phone No or e-mail and your maintenance of the mobile phone No registered with us without change shall be deemed to be an express authorization by you to send and deliver to you the prizes you won via the Platform on this mobile phone.

(10) The user undertakes to precisely enter the information required to be entered in the Platform and he shall be responsible for regularly reviewing this information for the purpose of correcting, modifying or renewing it as long as you have new information regarding this and you are required to keep all the data and documents proving that.

(11) All the information you disclose must be real, updated and correct and express yourself and match with what is required in the registration form we have.

(12) In case you have provided incorrect, unprecise, non-synchronized, or incomplete information or in case we have reasonable reasons to suspect that this information is incorrect, unprecise, non-synchronized, in complete or inconsistent with this agreement of use and without prejudice to any other rights under this agreement or the law, we will suspend or cancel your membership.

(13) The user undertakes that he is responsible for maintaining the confidentiality of the information in his account such as the user name and password and that he is responsible for any disclosure to third parties in relation to this information. Also, he is responsible for any use done by any person to whom he disclosed this confidential nformation.

(14) The user undertakes to report immediately in case of penetrating the account or its theft as well as discovering any illegal use of this account in the Platform in order for us to be able to take the technical actions necessary for maintaining the account.

(15) you may not use another person’s account at any time without having an express consent from the Platform “Shrayek”.

(16) The user is bound to notify us in case of discovering any illegal use of the Platform.

(17) We reserve the right to cancel the account that haven’t been confirmed yet or are inactive for a long time.

(18) The user declares that under this agreement he will not rely on any promises, guarantees or emphasis by or on behalf of the Platform “Shrayek” except what is provided for in this agreement.

(19) The use of the Platform “Shrayek” might be coupled with making available services or content of other bodies that aren’t under our control. Consequently, you declare that other conditions, provisions and policies of privacy apply to your use of the services and content of the bodies not belonging to us.

exercised.

Section 5: Granted Licences

(1) through being bound by the conditions of use or any conditions of the service and through paying any applied fees, the Platform grants you a limited and unexclusive licence that is non-assignable and may not be subleased to have access to the non-commercial use of the services of the Platform “Shrayek”.

(2) This licence doesn’t involve the reselling or any commercial use of any of our services or their content. Also, it doesn’t involve any copy of the information available about the account in the favour of third parties or the use of means of getting data as well as any use of the tools of collecting and eliciting the similar data.

(3) You may not reproduce or make typical copy of this Platform, copy, sell, resell any part of it or use it in a different way for purposes of commercial or non-commercial exploitation of it without having an express written consent by the Platform “Shrayek”.

(4) You may not use any descriptive marks or any other “hidden text” which exploits the name “Shrayek” or its trademark without an express written consent by the Platform.

(5) You may use our services in the form only legally permitted and according to the conditions of the agreement.

(6) The licences granted by us shall terminate in case you don’t comply with these conditions of use or any conditions of another service.

(7) All rights not expressly granted to you to these conditions of  or any conditions of another service shall be reserved by the Platform “Shrayek”.

Section 6: Telecommunications

(1) You agree on getting telecommunications from us and we will communicate with you via the mobile phone number, e-mail or through the other services of the Platform “Shrayek”.

(2) You agree that all agreement, notices, disclosures and other telecommunications done by us online satisfy all the legal conditions as if they were written with all their legal effects.

(3) The Platform “Shrayek” requires your consent during the registration process to sending messages on your mobile phone, e-mail or via the Platform for promotion purposes to inform you of any changes, advantages or new activities added to your Platform.

(4) In case you decide at any time that you don’t wish to get promoting messages you can inactivate the receipt of these messages via correspondence with us or suspend it directly through your smart phone. But in this case, we don’t ensure that you can fully enjoy our services.

(5) Any notices required to be reported to the Platform “Shrayek” under this agreement must be sent via the features available within the Platform.

Section 7: Intellectual Property Rights

(1) Copyrights:

1. The Platform and ideas expressed within it shall be our intellectual property rights. Any imitation or plagiarism of the Platform or some of its services (including ideas, texts, symbols and software) shall be deemed to be a violation of our copyrights for which we will take all the legal procedures against the perpetrator of the said violations.

2. All the contents included or available within the services of the Platform “Shrayek” such as (texts, logos, pictures, graphs, voice, recordings, icon buttons, digital contents, materials that are uploaded, software and collection of data) shall be the property of the Platform and shall be protected by the Kuwait laws and the international copyrights laws.

3. The collection of all data inserted in the service of “Shrayek” or making it available by any of our services shall be exclusively and privately owned by the Platform “Shrayek” and protected under the Kuwait laws of copyrights and the international ones and also shall be protected under the international conventions in force such as Bern Convention and TRIPS Agreement.

(2) Trademarks:

1. “Shrayek” and logos connected with it shall be our trademarks and/or our services marks.

2. Pictures, logos, headers of pages, icon buttons, texts and services names shall be trademarks and commercial designs of the Platform “Shrayek”.

3. Reproduction of trademarks or commercial designs of the Platform “Shrayek” in any media or advertising means shall be prohibited without a written permission from us.

4. Trademarks and commercial designs of the Platform “Shrayek” may not be used for contacting any product or service that doesn’t belong to us not to cause harm to the position and credibility of the Platform “Shrayek” or to cause harm to its customers.

Section 8: Terms and Conditions of Owners of The Restaurant

(1) The Platform shall not ensure the quality of services provided by the owners of the restaurant and it shall be the liability of the owners of the restaurant only.

(2) The owners of the restaurant shall be bound that their advertisements are true and legal and they shall be bound to get away from false or misleading advertisements or which violate the rights of third parties or the rights of the other projects.

(3) The owners of the restaurant shall be bound to get all permits and licences connected with the exercise of their activities and the Platform shall not ensure the validity or legality of these permits and licences and it shall not ensure that they have been issued by their legal competent bodies.

(4) The Platform shall not be liable for any personal acts or any violation of the rights of privacy that might occur while providing the services inside the restaurants and the user acknowledges and knows that the role of the Platform is limited to enabling the restaurants to display their advertisements via the Platform only.

(5) The restaurants registered with us in the Platform “Shrayek”, shall be entitled to write any replies or comments on any assessment or opinion published via the Platform whether it is a criticism or praise through sending a direct e-mail to those administering the Platform.

Section 9: Terms and Conditions of Assessment

The customers can assess the service they got at the restaurants. Also, the owners of the restaurants can reply these assessments and it is stipulated for these assessments and replies what follows:

(1) The assessments must be true and not false and in appropriate phrases and the customer must get away from doing wrong to the owners of restaurants or the use of indecent phrases.

(2) The replies by the owners of restaurants of the customers assessments must be true and not false as well as being decent and not doing wrong and express the service provided to the customers.

(3) It is prohibited during the assessments or replies to expose names, persons, institutions, companies, symbols or to defame or do wrong to them in any way. Also, it is prohibited to use religious slogans or phrases contempting cultures or peoples or conflicting the applicable order.

(4) In all cases, “Shrayek” shall not incur any liability in view of the truth of assessments or replies and their legality and we shall not incur any liability for illegal assessments and replies for which those who wrote them shall be liable.

(5) “Shrayek” shall reserve the full right to review and delete any illegal assessments or replies and to suspend or cancel the membership of the person doing wrong. The non-removal of the illegal assessments and replies shall not mean to a participation or a consent to the publication. Our right to review the assessments and replies must not be understood to be a legal obligation lying on us and you have to report to us in case of the existence of illegal assessments or replies to take the suitable action for them.

(6) The Platform shall reserve its rights to refuse to publish any assessments or replies at anytime in case they conflict with the preceding provisions.

(7) The customer shall be bound in order to be able to assess the services of the owners of restaurants to attach a clear copy of the order invoice and he shall incur all the legal liability for its truth and precision and that it is issued by the restaurant desired to be assessed.

(8) The restaurants registered with us in the Platform “Shrayek”, shall be entitled to write any replies or comments on any assessment or opinion published via the Platform whether it is a criticism or praise through sending a direct e-mail to those administering the Platform.

(9) In all cases, we shall reserve the full right to resort to judiciary and to get all the appropriate compensations in case the assessments and replies result in damages to the Platform owned by us while reserving by the prejudiced person and the society of his right to the criminal punishments.

Section 10: Legal Liability of The Parties to The Agreement

(1) You expressly agree that you are personally liable for the use by you of the Platform “Shrayek”.

(2) You shall be liable for the lack of the serious and credible use of the Platform and you shall be bound to compensate for any losses or damages caused to the Platform as a result of any illegal use or not permitted by us.

(3) The users shall provide us with their information and mobile phone number and shall be personally liable for that. Consequently, They shall incur the civil liability and criminal responsibility in case these numbers are stolen or not registered in their names or belonging to another persons.

(4) You acknowledge your full legal liability in case of your breach of all the terms and conditions provided for in section 9 as well as the other sections provided for in this agreement and we shall be entitled in relation to this breach to take all the actions against you including the suspension or cancellation of your membership or the resort to judiciary.

(5) You agree not to use the Platform “Shrayek” or any service provided via it in an illegal, deceitful or antisocial way as we determine.

(6) You agree upon the non-violation of any personal property rights, intellectual property rights or any commercial rights of third parties. Therefore, you shall be fully liable for your copy of any content or information of third parties, your theft, imitation or forgery of photos, comments or invoices of other sites, application or accounts of any person, commercial entity or non-commercial entity.

(7) You agree not to send any messages characterized by being racial or containing cursing and defamation or bad names, porn pictures or those characterized in general by being decadent.

(8) The prejudiced party who is harmed as a result of the breach by any of the parties to this agreement has to take all the necessary legal procedures against the party who committed the illegal act without having recourse to or against us. The prejudiced party has to notify us of the breach only to take an action within the Platform either through suspending membership or permanent ban on it.

(9) The penalties imposed by the Platform “Shrayek” on the parties to this agreement shall not affect adversely the right of each party to take all the legal procedures he considers appropriate according to his discretion without having recourse against us and without the liability of the Platform.

(10) You agree to compensate the Platform “Shrayek” and to acquit its liability as well as defending it against all the actions and claims brought or claimed by third parties as a result of your use of Platform or due to the violation of these conditions and terms or the breach of the rights of the other users.

(11) The Platform “Shrayek” doesn’t ensure to take actions against all the violations of this agreement. Not taking legal procedures in relation to any of the cases of violation shall not mean a waiver of our right to take these procedures at any time we consider appropriate.

(12) You shall be bound by all the laws and regulations in force within the state in which you use the Platform in relation to your use of the Platform and shall incur all the liability arising from your breach of the laws and regulations also you shall be bound by all the terms and conditions provided for in this agreement.

(13) You shall be prohibited as a user to publish any links of another applications or websites within the Platform or involving software or viruses or aiming at any deception or online hacking.

(14) You shall be prohibited in any way to intervene the working method of the Platform or to publicize in any way that you represent us contrary to reality.

Section 11: Conditions of Exemption From Liability or Limiting It

(1) We provide our services “as they are available” without any promises or guarantees of any kind whether express or implied through the use of this Platform, it’s content or services provided by it.

(2) The Platform shall not be liable in all cases for any direct, indirect or dependent losses, loss of profits or damage to the fame whatsoever as a result of disclosing your user name and/or password.

(3) The Platform “Shrayek” doesn’t provide any guarantees that this Platform, its servers or the messages are free from viruses or other harmful components.

(4) The Platform “Shrayek” shall not be legally liable for losses or damages whatsoever that might arise from using this Platform including but limited to the direct and indirect damages.

(5) The Platform “Shrayek” doesn’t provide any guarantee and shall not incur any liability in relation to the modernity, commonness, precision and quality of information received by the user via the Platform.

(6) The liability of using or depending on the information that is received or reached by the user through the services of the Platform “Shrayek” shall completely lie on this user.

(7) You declare that the Platform “Shrayek” is an internet – based service and in spite of exerting our best to keep information safe, we can’t guarantee that information received or transmitted by the user while using the Platform is safe at all times.

(8) The Platform “Shrayek” can’t assure that each user of the Platform is actually the person he claims to be.

(9) We might at anytime modify, suspend or interrupt the services of the Platform “Shrayek” without sending a notification to you thereof. Also, we might suspend your use of our services in case you violate these conditions and terms or in case you have misused these services from our point of view.

(10) The Platform “Shrayek”, its officials and employees shall not be legally liable to you or to another party for any direct or indirect loss or any other cost that might arise from, in connection with the performance of this agreement or the provisions of our services.

(11) The user has to protect the Platform “Shrayek” and its employees, defend them and compensate them for any losses resulting from any action or claim connected with the Platform or from an act or negligence by the user, his representative or agents.

(12) Without prejudice to its other rights, the Platform “Shrayek” shall be entitled to suspend or cancel your membership or your access to the Platform at any time without notice and for any reason and to cancel this agreement.

(13) The Platform doesn’t guarantee that the services or part of them work on all mobile phone. Also, for the devices on which the Platform works, there might be a delay or breakdowns due to a breakdown in the internet. Consequently, you exempt us from liability therefor.

Section 12: Taxes and Fees

(1) Membership on the Platform is free.

(2) The user shall be bound to pay all government taxes levied on the activity he exercises via the Platform.

(3) The user shall be bound to pay the fees of telecommunications companies for the purpose of getting the data connected with the access to the internet.

Section 13: Assignment of Rights and Obligations

(1) The Platform “Shrayek” shall be entitled to transfer all the rights mentioned in this agreement to third parties without any objection by the user. All shall be bound to perform all their obligations mentioned in this agreement to the assignee immediately they are notified of the assignment. The assignee shall be entitled to take all the legal procedures against whoever doesn’t perform his obligations under this agreement.

(2) You may not assign your obligations and rights under this agreement or authorize a third party to manage your account in the Platform except after getting a written consent from us.

Section 14: Modifications

(1) The user shall be bound with the changes and modifications done by the Platform in relation to the applied policies and he has to accept any modifications considered by the Platform “Shrayek” to be necessary.

(2) We may at anytime conduct modifications or improvements we consider appropriate and necessary for increasing the efficiency of the Platform. The user shall be bound with any directions or instructions provided by the Platform to him in this regard.

(3) You may not change any terms of this agreement amend or replace them without a written consent from the Platform “Shrayek”.

(4) We may amend or update these terms and conditions of the agreement in relation to the use of the Platform without notifying you thereof. Thus, you have to have access to this agreement regularly.

(5) You agree to be bound by all the additional conditions and terms that will be made available to you in connection with the use of any of the services available via the Platform. These additional conditions and terms are attached to this agreement.

Section 15: Cancellation of The Agreement

The agreement shall be deemed to have been automatically rescinded without the need of excuses or taking judicial procedures in any of the following cases:

(1) In case your breach of any paragraph or term of the terms of this agreement above mentioned is proved while reserving all our rights to claim compensation for the damages resulting therefrom.

(2) Assigning or subleasing the account without our consent.

(3) The non-performance by the user of any obligations provided for this agreement without taking serious actions to eliminate this breach while reserving our rights to claim compensations if necessary.

(4) Inability to document any information you provided us with.

(5) In case we decide at anytime that your activities resulted in legal disputes to you or to other users.

(6) The cease of the activity of the Platform or the cease of the activity of the official of Platform management.

(7) The case of the member’s activity or his non-participation in any activity via the Platform for a long period of time.

Section 16: Applicable Law and Competent Courts

(1) This agreement shall be governed by the laws in force within State of Kuwait .

(2) Judiciary within State of Kuwait shall have jurisdiction over any dispute that might arise from the interpretation or performance of this agreement.

(3) In case any of the provisions of this agreement becomes illegal or unenforceable, the legality and enforceability of the other provisions will not be affected.

Section 17:  Notices

(1) Any notices you like to send to the Platform “Shrayek” must be sent through the features specified within the Platform. Any notices sent outside the Platform shall not be considered.

(2) Any notices the Platform “Shrayek” likes to send to you shall be either by publicizing them via the Platform or sending them to you via the mobile phone number or e-mail you provided us with during the registration process. You are supposed to have known of the notice as soon as the notice is publicized via the Platform or with the lapse of 24 hours from the time at which the message was sent to you.

Section 18: Language

(1) Arabic text of this agreement shall be the certified text in relation to interpretation and application its terms and conditions.

(2) In case of conflict between the Arabic text and the translated text of this agreement, the Arabic text shall prevail.