Og Business Terms and Conditions This contract was entered by and between |
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(1)The User of Og Business Platform Who is entered
his official details through Og
Business Website or/and Mobile Application on Smart Devices to join Og
Business Services (Referred to hereunder as "Client
" – "First Party") AND (2) One Global Service for General
Trading Co. Duly located in Capital Governorate, Qibla, Fahed Al-Salem Street, Awtad
Tower, 8th floor (Referred to hereunder as
"One Global" – "Second Party"). Preamble: Whereas One
Global Service for General Trading is a company specialized in the information technology
applications and supporting software, facilitating e-payments Services
through various payment channels, and owns a Smart Device electronic platform
titled "Og Business " for completing the secure electronic
commercial transactions in the territory in the official currency, in
addition to registration of Clients’ desirous to obtain the services of the
stated application and listing their services therein. As the Client declared their full legal eligibility to act and
contract, they agreed on the following: Article (1): Preamble: The aforesaid preamble shall form an integral party and supplementary to
the provisions hereof. Article (2): Terms and Conditions: 1.
The Client shall not use the service provided
in any suspected operations or that violate public statute or general
decorum, including, for example but not limited to, money laundry, stakes of
various types and any other act that may represent a breach of the provisions
of Kuwaiti Law. 2.
The Client shall control the transactions
concluded with customers and the relevant transfers by One Global shall be
valid. The Client shall notify One Global of any defaults in transfers or
payment within 15 days from the date of transfer. Post the said date; no claims
shall be entertained under whatever designation. 3.
One Global shall have the right to refuse any
service in case it violates the regulation or any suspect violation of the
public statute or general decorum, or such operation may result in material
damage to other users of the system. 4.
The Client shall oblige with Commercial
Laws and local
customer protection laws and regulations. 5.
The Client shall authorize One Global to
maintain and receive cash and redistribute and transfer thereof to their
account periodically. The authorization shall remain valid and irrevocable
during the term of this agreement until it is ended. 6.
Either party shall authorize the other to use
the proprietary marks, such as trade name or trademark of the other party
without making modifications, only for the purpose of advertising and
promoting the service, including, for example but not limited to, advertising
through printed, audio, visual mass media and Social Media. 7.
Neither party, on expiration or termination
hereof, may use the other's proprietary marks. 8.
In case of any dispute or investigation based
to Banks, financial institutions and regulatory authorities regarding the
Client’s account by One Global, the latter shall have the right to postpone
or suspend the transfer of funds during the necessary period, or in case of
awarding a judicial order by the Kuwaiti courts. 9.
The Client authorized One Global to conduct
the clearing, set-off, encumbrances and settlements to the Client’s
transactions for recovering any of One Global's dues. The latter shall have
the right of preference against third parties in recovery of rights resulting
here from. 10.The Second
Party shall have the right to seize or refund the suspect amounts resulting
from electronic payment transactions by the customers, in case the same was
required by the banks, financial institutions and regulatory authorities or
based to adjudication with the first party notification. 11.Client shall
solely be responsible for servicing customers thereof, relating to good,
provision or services, pricing, fulfilling orders, returns, refunds,
deduction or any other issue included herein. 12.Rights and
liabilities of Client under the agreement may not be assigned or transferred. 13.One Global have the
right at any time the validity of this agreement modify any provision of this
agreement without objection from the Client. 14.The first
party acknowledges the validity of data in the service request inputted by
him in the service request, submitted to the second party and attached as
Annex 1 herein. Article (3): Liability Limitations: 1.
THE CLIENT (ON BEHALF IT'S OWN AND ITS
AFFILIATES, LICENSORS, SUPPLIERS, AND SUBCONTRACTORS) DISCLAIMER “ONE GLOBAL”
FROM ANY WARRANTY THAT THE DESIGN, DEVELOPMENT, ADVERTISING, MARKETING OR
SALE OF THE CLIENT SERVICES AND PRODUCTS OR ANY INTELLECTUAL PROPERTY RIGHTS
PROVIDED BY THE CLIENT IN ITS FORM (INDIVIDUAL OR CORPORATE) WILL NOT
INFRINGE UPON ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY RIGHTS OF
A THIRD PARTY. ANY WARRANTY THAT MAY BE PROVIDED IN ANY APPLICABLE PROVISION
OF THE COMMERCIAL LAWS OR ANY OTHER COMPARABLE LAW IS EXPRESSLY DISCLAIMED.
THE CLIENT IN ITS FORM (INDIVIDUAL OR CORPORATE) HEREBY ASSUMES THE RISK OF
ANY INFRINGEMENT. 2.
One Global shall not incur any liabilities
for Client’s usage of service under the agreement, unless the Client
committed a material default or an act of gross negligence in performing
hereof. 3.
The Client shall be liable for all losses
incurred by One Global resulting from
any default, deception or negligence through the Client’s account at One Global 4.
The Client in its form (Individual or
Corporate) represents and warrants that the Services or/and products which
provide by them through One Global platform, and the Documentation, or any
part of any of the foregoing, will not infringe or constitute a
misappropriation of any right of any third party, including any copyrights,
patent rights, trademark rights, trade secret rights or confidentiality
rights. 5.
THE CLIENT ACKNOWLEDGE THAT BY ENTERING AND
USING Og Business WEBSITE OR/AND MOBILE APP, YOU SIGNIFY YOUR AGREEMENT TO THIS TERMS AND CONDITIONS. IF
YOU DO NOT AGREE TO ABIDE BY THIS TERMS AND CONDITIONS, PLEASE DO NOT ACCESS
OR USE THIS WEBSITE OR/AND MOBILE APP. ONE GLOBAL MAY, AT OUR SOLE
DISCRETION, UPDATE OR REVISE THIS TERMS AND CONDITIONS AT ANY TIME. ANY
UPDATES OR REVISIONS OF THIS TERMS AND CONDITIONS WILL BE EFFECTIVE
IMMEDIATELY UPON POSTING ON THE WEBSITE OR/AND MOBILE APP. PLEASE CHECK THIS
TERMS AND CONDITIONS PERIODICALLY FOR UPDATES OR REVISIONS. YOUR CONTINUED
ACCESS OR USE OF Og Business SERVICES FOLLOWING THE POSTING OF ANY UPDATES OR
REVISIONS TO THIS TERMS AND CONDITIONS CONSTITUTES CONFIRMATION OF YOUR
ACCEPTANCE OF THIS TERMS AND CONDITIONS AS UPDATED OR REVISED. 6.
The Client Acknowledge that upon becoming a
Member in Og Business WEBSITE OR/AND MOBILE APP , you consent to
the inclusion of the contact information about you in our Database and
authorize One Global and its affiliates to share the contact information with
other Partners, Clients or otherwise use your information in accordance with
the Privacy Policy. Article (4): Termination: The agreement shall be
terminated by One Global, with immediate effect and with no notice, in the
following events: 1. Bankruptcy or wind-off lawsuit and/or any other act related
to the company business or any legal action against the Client. 2. Change of Client’s business
or premises. 3. Ceasing payment of any
monies payable to One Global under the agreement which mentioned on Annex No.
1 herein. 4. Violation of any terms or
schedules hereof or any updates to the
terms and conditions. 5. If appeared to One Global a
lack of interest financial or economic during the agreement duration. Article (5): Contract Duration: This contract shall be valid
and effective for one calendar year commencing as of the date of signature
and renewable automatically for a similar period unless either party
expresses its willingness not to renew the contract under a letter stating
receipt at least one month from the date of contract term expiration.
Termination or expiration of this contract for any whatever reason shall not
cancel any obligations or financial liabilities resulting and payable before
the date of termination or expiration for any party against the other party. Article (6): Governing Law and
Jurisdiction: The agreement shall be
governed by the Kuwaiti law and parties from hereof shall agree to submit all
lawsuits and disputes arising here or in connection hereto to the jurisdiction
of Kuwaiti Courts. Article (7):
This contract shall
be executed in (7)
Articles in two counterparts, a copy hereof for either party to act
accordingly. |