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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 Smartphones 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 smartphone electronic platform titled "Og Business " for completing the secure electronic commercial transactions in the territory in the official currency, in addition to registration of Client s 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 software 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. System Operator 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 OWEN 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. The Operator shall not incur any whatever 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 the Operator resulting from any default, deception or negligence through the Client’s account at the Operator. 4. The Client in its form (Individual or Corporate) represents and warrants that the Services or/and products which provide by them to One Global, 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.
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. Client’s death, in case the same was a corporate. 4. Ceasing payment of any monies payable to One Global under the agreement which mentioned on Annex No. 1 herein. 5. Ceasing payment of any monies payable to the Client under the agreement. 6. Violation of any terms or schedules hereof. 7. 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 the parties hereof shall agree to submit all lawsuits and disputes arising here from 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. |