1. Introduction
1.1 These terms and conditions shall govern your use of our application.
1.2 By using our application, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you can contact our application administration, or you must not use our application.
1.3 If you [registered with our application, submitted any material to our application or use any of our applications services], we will ask you to expressly agree to these terms and conditions.
1.4 Our application uses cookies; by using our application or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy.
2. Copyright notice
2.1 This application is owned by Punch Technologies Ltd. whom own the copyright of all the material and information displayed in this application.
2.2 Subject to the express provisions of these terms and conditions:
(a) We, own and control all the copyright and other intellectual property rights in our application and the material on our application; and
(b) All the copyright and other intellectual property rights in our application and the material on our application are reserved.
3. Licence to use application
3.1 You may:
(a) View pages from our application;
(b) Download pages from our application for caching;
(c) Print pages from our application;
(d) Use our application services, subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our application or save any such material to your device.
3.3 You may only use our application for your own personal use, and you must not use our application for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our application.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) Republish material from our application (including republication on another application);
(b) Sell, rent or sub-license material from our application;
(c) Show any material from our application in public;
(d) Exploit material from our application for a commercial purpose; or
(e) Redistribute material from our application.
3.6 Notwithstanding Section 3.5, you may redistribute [our newsletter] in [print and electronic form] to [any person].
3.7 We reserve the right to restrict access to areas of our application, or indeed our whole application, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our application.
4. Acceptable use
4.1 You must not:
(a) Use our application in any way or take any action that causes, or may cause, damage to the application or impairment of the performance, availability or accessibility of the application;
(b) Use our application in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our application to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, mobile or computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious mobile or computer software;
(d) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our application without our express written consent;
(e) Access or otherwise interact with our application using any robot, spider or other automated means.
(f) Violate the directives set out in the robots.txt file for our application; or
(g) Use data collected from our application for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).]
4.2 You must not use data collected from our application to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our application, or in relation to our application, is true, accurate, current, complete and non-misleading.
5. Registration and accounts
5.1 To be eligible for an individual account on our application under this Section 5, you must be at least 18 years of age.
5.2 You may register for an account with our application by completing and submitting the account registration form on our application, and clicking on the verification link in the email that the application will send to you.
5.3 You must not allow any other person to use your account to access the application.
5.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
5.5 You must not use any other person's account to access the application, unless you have that person's express permission to do so.
6. User IDs and passwords
6.1 If you register for an account with our application, you will be asked to choose a user ID and password.
6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 9; you must not use your account or user ID for or in connection with the impersonation of any person.
6.3 You must keep your password confidential.
6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.5 You are responsible for any activity on our application arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7. Cancellation and suspension of account
7.1 We may:
(a) [Suspend your account;]
(b) [cancel your account; and/or]
(c) [Edit your account details,]
At any time in our sole discretion without notice or explanation.
8. Your content: licence
8.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our application for storage or publication on, processing by, or transmission via, our application.
8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media and to reproduce, store and publish your content on and in relation to this application and any successor application to reproduce, store and, with your specific consent, publish your content on and in relation to this application.
8.3 You grant to us the right to sub-license the rights licensed under Section 8.2.
8.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.
8.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
8.6 You may edit your content to the extent permitted using the editing functionality made available on our application.
8.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
9. Your content: rules
9.1 You warrant and represent that your content will comply with these terms and conditions.
9.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) Be libellous or maliciously false;
(b) Be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) Infringe any right of confidence, right of privacy or right under data protection legislation;
(e) Constitute negligent advice or contain any negligent statement;
(f) Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) Be in contempt of any court, or in breach of any court order;
(h) Be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) Be in breach of official secrets legislation;
(k) Be in breach of any contractual obligation owed to any person;
(l) Depict violence in an explicit, graphic or gratuitous manner.
(m) Be pornographic, lewd, suggestive or sexually explicit.
(n) Be untrue, false, inaccurate or misleading.
(o) Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage.
(p) Constitute spam
(q) Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) Cause annoyance, inconvenience or needless anxiety to any person.
10. Limited warranties
10.1 We do not warrant or represent:
(a) The completeness or accuracy of the information published on our application;
(b) That the material on the application is up to date; or
(c) That the application or any service on the application will remain available.
10.2 We reserve the right to discontinue or alter any or all of our application services, and to stop publishing our application, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any application services, or if we stop publishing the application.
10.3 To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our application and the use of our application.
11. Limitations and exclusions of liability
11.1 Nothing in a contract under these terms and conditions will:
(a) Limit or exclude any liability for death or personal injury resulting from negligence;
(b) Limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) Limit any liabilities in any way that is not permitted under applicable law; or
(d) Exclude any liabilities that may not be excluded under applicable law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in a contract under these terms and conditions:
(a) Are subject to Section 11.1; and
(b) govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.
11.3 To the extent that our application and the information and services on our application are provided free of charge, we will not be liable for any loss or damage of any nature.
11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the application or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12. Breaches of these terms and conditions
12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) Send you one or more formal warnings;
(b) Temporarily suspend your access to our application;
(c) Permanently prohibit you from accessing our application;
(d) Block computers using your IP address from accessing our application;
(e) Contact any or all of your internet service providers and request that they block your access to our application;
(f) Commence legal action against you, whether for breach of contract or otherwise; and/or
(g) Suspend or delete your account on our application.
12.2 Where we suspend or prohibit or block your access to our application or a part of our application, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
13. Variation
13.1 We may revise these terms and conditions from time to time.
13.2 The revised terms and conditions shall apply to the use of our application from the date of publication of the revised terms and conditions on the application, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our application from the date that we give you such notice; if you do not agree to the revised terms and conditions, you can contact the application administration, or you can stop using our application.
13.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the application, and you must stop using the application.
14. Assignment
14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15. Severability
15.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16. Third party rights
16.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
16.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
17. Entire agreement
17.1 Subject to Section 11.1, these terms and conditions, together with our Privacy Policy, shall constitute the entire agreement between you and us in relation to your use of our application and shall supersede all previous agreements between you and us in relation to your use of our application.
18. Law and jurisdiction
18.1 A contract under these terms and conditions shall be governed by and construed in accordance with [Kuwaiti laws].
18.2 Any disputes relating to a contract under these terms and conditions shall be subject to the jurisdiction of the courts of [Kuwait].
19. Our details
19.1 This application is owned and operated by Punch Technologies for renting IT and Computer Services L.L.C.
19.2 We are registered in [Kuwait] under registration number [424878], and our registered office is at [Kuwait, Al Qebla, Block 13, Parcel 23, Fahad Al Salem St., Essa Al Saleh Building – Al Fateh Company, Floor 2, Unite 13].
19.3 You can contact us by writing to the business address given above, by using our application contact form, by email to support@punchkw.com or by telephone on (+965) 9097 9523.