Subscriber Agreement

     

………..Name of the online store………………, Commercial License No.……………………………………, represented by Mr./Ms. …………………………………………………………… in his capacity as General Manager/signatory, Civil ID No.………………………………………….., Address………………………………………………………………., Email……………………………………………………….., Phone No.…………………………………………………….

(hereinafter referred to as the Subscriber)

The subscriber has subscribed to the Shopward platform of Shopward Advertising and Publicity LLC / Mohammed Al Ansari and his partner (hereinafter referred to as the “Platform” and/or “Company”) with commercial number 436835 and whose address is in the capital - Al-Mirqab - Block 3 - Plot 41000 - Al-Sour Street - Al-Tijaria Tower - Floor 2 - Commercial Office Unit A3), by subscribing to one of the retail packages or reservation and appointment service packages displayed on the platform. The subscriber acknowledges that he has read and agrees to the general terms and conditions mentioned in the platform and the privacy policy and the terms of third-party services in addition to the terms and conditions of Tab Payments Company and its privacy policy and expressly acknowledges his commitment to and adherence to the terms contained in this agreement and not to violate them.

  • The validity of the agreement

The foregoing introduction, the general terms and conditions mentioned in the platform, the terms and privacy policy of third party services, and the terms and conditions of Tab Payments and its privacy policy are an integral part of this agreement and are complementary and interpretive to it. The subscriber undertakes to abide by the terms and conditions of third party services if he wishes to subscribe, for example, to the order delivery and storage service provided by ShopWord through a third party.

  • Selected package, duration and subscription value 

The subscriber acknowledges his/her selection of the ………………….Retail Package/ Reservations and Appointments Packages…………………Level…………………….. with a system of ………monthly/annually…….renewable based on the subscriber’s request with the features shown on the platform and taking into account the terms and conditions, in return for a fee of ……….KD paid by the subscriber to the Word Shop platform in one payment upon contracting, through the payment gateway available on the Shop Word Advertising and Publicity LLC platform. 

  • Basic rules 

  1. The online store will be provided to the subscriber after paying the subscription fee within a maximum of 10 working days. You acknowledge that your receipt of the online store does not mean that the online store is ready to launch and publish, as The online store will not be activated until we approve the documents you are required to attach.Therefore, we always recommend attaching the documents within 10 working days after paying the package value, including, but not limited to:
    1. Articles of Association and any amendments thereto
    2. Valid trade license from the Ministry of Commerce
    3. Recent commercial register extract
    4. Valid Signature Certificate
    5. A copy of the civil ID card from both sides of the legal representative of the company who owns more than 25% of the company
    6. IBAN certificate for the company’s bank account from the bank
    7. Company logo
    1. ShopWord has the absolute freedom, for any reason, to refuse to create or activate the subscriber’s online store or to refuse the documents attached to it without justification.
    2. If the subscriber does not attach the documents within 10 working days from the date of payment of the subscription fee, the online store will be delivered to the subscriber in a form that cannot be launched, published or activated, and the subscriber will not have the right to cancel the subscription and request a refund of the subscription fee after the 10 working days have passed.
    3. The subscriber acknowledges that if ShopWord agrees to create and activate the online store, an email will be sent from the company to the subscriber agreeing to this, accompanied by a printable copy of this agreement filled out by ShopWord with the subscriber’s data based on the attached documents and the selected package, and the agreement is considered valid from the date of delivery of the online store to the subscriber.
    4. in If the subscriber does not send the required documents after paying the subscription fee or ShopWord rejects the subscriber’s documents, this agreement shall be deemed automatically void and shall have no legal effect.
  • ShopWord management has the right to request documents related to the online store from the subscriber at any time during the period of his subscription to the platform to review the documents and their validity without being obligated to do so.
  1. The validity period of the package begins from the day the online store is delivered to the subscriber, provided that Shop Word sends an email approving the creation of the online store to the subscriber. Shop Word is not responsible for any delay caused by the subscriber that leads to a delay in the delivery or launch of the online store.

  • Terms of Use  

  1. The subscriber undertakes to use the online store in a safe and sound manner, and to refrain from using it in any illegal, fraudulent or harmful manner. He also undertakes not to circumvent or bypass any procedures aimed at restricting access to the online store, or to use any viruses, malware or the like, which may affect the store’s performance or safety.
  2. The subscriber is prohibited from reselling or renting his subscription or online store to others in any way, and he is prohibited from sublicensing his online store or transferring his rights related to it to any other party without the prior written consent of ShopWord LLC. The subscriber is also committed to being the sole licensee for the subscription and online store, and bears full legal responsibility for its use.
  3. The subscriber undertakes to use the account created for him by Shop Word with Tap Payments to be the payment gateway used in his online store created by Shop Word. The created account cannot be replaced with another account with Tap Payments even if he already has an account with them or the payment gateway cannot be replaced with another payment company/gateway except with the prior written approval of Shop Word. The subscriber is also bound by the terms and conditions of Tap Payments and its services, bank commission fees and the electronic payment gateway commission for payments agreed upon between Tap Payments and Shop Word. You can view the terms and conditions of Tap Payments through this link (https://www.tap.company/en-kw/terms-and-conditions )
  4. The subscriber has the right to add special features to his selected package for additional fees according to the available or applicable benefits. 
  5. If the subscriber wishes to request modifications or additions to the online store, this will be subject to additional fees according to the available or applicable features. He is obligated to communicate with ShopWord by opening a ticket from the platform or sending an email to support@shopward.io. Any requests or communication made without these channels will not be considered an official and mandatory request to be responded to by ShopWord.
  6. The subscriber is prohibited from adding any link that refers the users of the online store to another website in any case, for example, but not limited to (the link that refers to the site has been developed or programmed by any company other than Shop Word), except after obtaining explicit approval from the management of Shop Word, and Shop Word has the right to remove and cancel the link if it becomes aware of it without referring to the subscriber. 
  7. The subscriber acknowledges and agrees not to publish any images or engage in any activity that is contrary to the law or public order or prohibited by the platform management, including but not limited to (everything related to sexual and pornographic matters or the sale of tobacco products or similar smoking methods and accessories, the sale of alcohol, and everything that violates intellectual property rights, including, for example, trademarks and copyrights of any third party.)
  8. Based on the laws regulating commercial activities in Kuwait, especially Commercial Law No. 68 of 1980 and Law No. 111 of 2013 regulating commercial establishment licenses, the subscriber is prohibited from selling products or services without a commercial license or in violation of or not related to the license or commercial activity submitted during registration and subscription, bearing all responsibility resulting from this violation, and bearing all actual legal expenses, if any.
  9. If the subscriber wishes to renew the subscription, he must pay the subscription fee before the current subscription expires and during the period of alerts and reminders sent by ShopWord LLC to the subscriber.
  10. Shop Word takes all necessary measures and legal procedures in the event of a violation of any clause of the agreement, with the right to close the online store, especially if it is discovered that the subscriber is using the online store in a manner that violates the law and public order, or is practicing an illegal activity that Shop Word does not accept, as previously mentioned, or is practicing an activity that violates the commercial license of the online store.
  11. ShopWord acknowledges that the content, data and information that the store owner adds to the online store are the property of the subscriber in addition to the data of the users of the online store.

  • Cancellation and Refund Policy

  1. If the subscription is not renewed for any reason, this agreement shall be deemed automatically void and shall have no legal effect.
  2. If the subscriber wishes to cancel the subscription or not renew for any reason, he must send an email to ShopWord to the email address   Support@shopward.io  Or by sending a request through the applicable ticket system On the platform (15) days before the expiration date of the current subscription.
  3. The subscriber shall not, under any circumstances, be entitled to request a refund of all or part of the subscription value of any selected package. After 10 working days from the date of payment of the selected package For example, but not limited to (cancellation of subscription or refusal to create the online store after 10 days of payment or failure to use the online store)
  4. In the event that the subscriber wishes to terminate or cancel the subscription from any selected package, or the creation of the online store is rejected, or the documents are rejected by Shop Word Within 10 working days of payment of the package valueThis agreement is considered void and has no legal effect, and the subscriber has the right to request a refund of 80 % maximum of the value of the selected package paid and it is Return the refunded amount to the subscriber's bank account.
  5. In the event of termination or expiration of the subscriber's subscription with ShopWord, the subscriber will be prevented from accessing the online store and the company will send a copy of all product and order details from the subscription date until its expiration in an Excel file in addition to customer information such as accounts, addresses and other data kept by them and delete them from their systems after one month from the end of the subscription. If the subscriber wishes to return and purchase a new package, he will not be able to retrieve the previous online store and a new online store will be created.
  6. A payment link to renew the package will be sent via email immediately after the subscription period ends. If the subscriber does not pay the amount on time, the following will be done:

First: Send an email reminder 3 days after sending the payment link to pay it.

Second: Sending an email alert to stop the service 7 days after sending the payment link if payment is not made.

Third: If the subscription is not renewed and the payment link is not paid after 10 days of sending the payment link, the service will be stopped and the subscriber will be blocked from accessing the online store’s control panel.

Fourth: If the subscription is not renewed within two days of stopping the service, the service will be stopped permanently, all data will be erased, and the subscriber will not be able to request a renewal of the package.

  1. If the subscriber violates any of the terms of this agreement, especially if he violates the intellectual property of a third party, he will be warned and given two days to correct the situation. If he refuses and does not cooperate to correct the situation, his access to the online store will be prevented and his subscription to the store will be closed without him having the right to claim any compensation as a result of the closure of the online store.

  • Disclaimer

  1. The subscriber acknowledges that the platform is not legally or contractually responsible for any violation or infringement by him of any legal or contractual obligation, intellectual property rights or copyrights, and undertakes to compensate the platform for any claims from third parties, bearing all expenses and fees, including actual attorneys’ fees.
  2. The subscriber acknowledges and undertakes that ShopWord provides him with an online store only, with the features mentioned in the selected package, and is not responsible for launching the online store and preparing it for public use or marketing it, and is not responsible for any profit or loss for the online store.
  3. ShopWord is not responsible for the products or services marketed by the subscriber and shall not be liable if the subscriber infringes on the property rights of another party or if he mistakenly considers them his property. The subscriber shall compensate the company if it incurs any expenses for any legal proceedings resulting from this in addition to actual attorneys' fees.
  4. ShopWord or any of its affiliates will not be liable for any damages or losses that may arise from or relate to your use of the Platform or the Online Store, including, but not limited to, viruses or other malware that may be infected through accessing, or linking to, the Platform or its services.
  1. You acknowledge that the Company is not responsible for any transaction or sale or purchase made between the Subscriber and any user of the online store. All commercial or contractual transactions are made directly between the parties concerned without any intervention or responsibility on the part of the Company.     
  2. In the event that the subscriber delays renewing his subscription package after its expiry date, the subscriber shall not be entitled to claim any compensation or damages from ShopWord for any losses or damages that may result from not renewing the subscription. The subscriber shall bear full responsibility for any negative effects that may occur due to his delay in renewing the subscription, including, but not limited to, loss of access to the services or products related to the subscription or any other consequences that may result from not renewing the subscription in a timely manner.

  • Force Majeure

In the event of any force majeure or exceptional circumstances, including but not limited to (natural disasters, earthquakes, fires, wars, labor strikes, epidemics, etc.) that cause the suspension, disruption or delay of the implementation of the obligations of either party and neither party has the ability or control over them or take measures and procedures that ensure the continued implementation of the obligations of the agreement, and these circumstances continue for a period of more than two months, the affected party is obligated to notify the other party within 30 days in writing, whether by e-mail or registered mail or any traditional or electronic means of communication, of these circumstances and their consequences, and neither party shall be liable for civil or contractual liability towards the other party, and either party has the right to terminate this agreement without compensation or legal or contractual rights or claims according to the aforementioned circumstances.

  • Law and competent court

The Agreement shall be governed by and construed in accordance with the laws of Kuwait and the Kuwaiti courts alone shall have jurisdiction to hear any dispute arising from this Agreement.

  • Correspondence and addresses

The store owner acknowledges that his address at the beginning of this agreement is correct and that it is the legal residence to which all advertisements and correspondence directed, whether in writing or by e-mail, are valid and are considered legally enforceable against him. In the event of a change, he must notify Shop Word by sending an e-mail to it. Shop Word is committed to doing the same in the event of a change in any of its private contact information mentioned in the general terms and conditions.

  • Copy of the agreement

This agreement has been prepared based on the provisions of Law No. 20/2014 regarding electronic transactions, and has been kept by Shop Word Advertising and Publicity LLC and an electronic copy has been sent to the subscriber via email.