TERMS & CONDITIONS

1. Introduction

Welcome to Asap.com.kw! These are the terms and conditions governing your access and use of Asap.com.kw website, its related sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein) and by using the Site, you represent that you agree to comply with these terms and conditions set forth by Asap.com.kw ("we", "us" or "Asap.com.kw") in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement, please do not access, register with or use this Site.

Before you may become or continue as a member of the Site, you must read, agree with and accept this User Agreement and Asap.com.kw's Privacy Policy (the "Privacy Policy"). You should read this User Agreement and the Privacy Policy, access and view all further linked information referred to in this User Agreement; as such information contains further terms and conditions that apply to you as a user of Asap.com.kw. Such linked information (including but not limited to the Privacy Policy) is hereby incorporated by reference into this User Agreement.

2. Eligibility for Membership

Asap.com.kw wishes to ensure that its members are able to form legally binding contracts  and to further guarantee that minors do not purchase unsuitable content. Therefore, membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or above the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of Asap.com.kw under this User Agreement or law, Asap.com.kw reserves the right to limit or withdraw access to the Site or the membership of any person if Asap.com.kw believes that this person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by Asap.com.kw. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement, and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity shall register as a member of the Site more than once.

3. Your Account and Registration Obligations

When you register as a member of the Site, you hence have been or will be required to provide certain information and register a username and password for use on this Site. On becoming a member of the Site, you agree that:

You are responsible for maintaining the confidentiality of, restricting access to and use of your account and password and accepting responsibility for all the activities that occur under your account and password. You agree to immediately notify Asap.com.kw of any unauthorized use of your password or account or any other breach of security. In no event will Asap.com.kw be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time without the express permission of the account holder. You agree to reimburse Asap.com.kw for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorized such access.

You will provide true, accurate, current and complete information about yourself as prompted by Asap.com.kw's registration form (the "Registration Data").

You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Asap.com.kw has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of Asap.com.kw under this User Agreement or at law; Asap.com.kw has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.

Asap.com.kw may (in its sole discretion and at any time) make any inquiries it considers necessary (whether directly or through a third party), requesting that you provide it with further information or documentation, including (without limitation) verifying your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity; such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf.

You agree to provide any information and/or documentation to Asap.com.kw upon such requests. You acknowledge and agree that if you do not, Asap.com.kw (without liability) may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed/ unverified accounts or accounts that have been inactive for a long time.

4. Electronic Communications

You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Asap.com.kw requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

5. Amendments to this User Agreement

You acknowledge and agree that Asap.com.kw shall endeavor to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that Asap.com.kw (at its sole discretion and without liability) may make unsubstantial amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.

6. Fees and Services

Asap.com.kw is not an auction house nor a bank, and it does not offer auction or banking services. The Site is an online platform allowing the sale and purchase of items between end-user sellers and buyers.

Membership on the Site is free. Asap.com.kw does not charge any fee for browsing.

Asap.com.kw may choose to temporarily change the fees for its services for promotional events (for example, free shipping days) or new services, and such temporary changes are effective in accordance with their terms when we post them on the Site.

Unless otherwise stated, all fees shall be quoted in your country's currency. You must pay all fees payable to Asap.com.kw (and any applicable taxes or charges) within 30 days of the date of any invoice sent to you from Asap.com.kw through a valid payment method as set out in our Fees & Credit Policy.

7. Your Information

You grant Asap.com.kw the right to use any information or material, personal or otherwise, that you provide to us or other users of the Site and/or post on the Site in the registration or selling process, in the feedback area, through any e-mail, by means of any other feature or your use of the Site (the "Information") for the purposes of operating and promoting the Site in accordance with this User Agreement and the Privacy Policy.

8. Use of the Site

By accepting the terms, you confirm that all information and details provided by you to us (including registration information) are true, accurate and up-to-date in all respects and at all times. You agree that in using the Website you will not:

1. Use the Website in any way that causes or is likely to cause the Site (or access to the Site) to be interrupted, damaged, or impaired in any way.

2. Use the Website for criminal, fraudulent or illegal activity or in any manner which would cause harm or distress to any third party.

We reserve the right to suspend, restrict or terminate your access to the Website at any time without notice if we have reasonable grounds to believe that you have breached any of the aforementioned restrictions or if we suspect fraudulent account activity or behavior. This shall not limit our right to take any other action against you that we consider appropriate.

9. Copyright

All content included in the Site, comprising but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, lies under the possession and copyright of either Asap.com.kw, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of Asap.com.kw and is protected by copyright, trademarks, patents or other intellectual property rights and laws.

10. Trademarks

"Asap.com.kw", related logos and other words on the Site are either registered or unregistered trademarks of Asap.com.kw and are protected by international trademark and other intellectual property rights and laws. Asap.com.kw's trademarks may not be used in connection with any product or service that is not Asap.com.kw's nor in any manner that disparages or discredits Asap.com.kw. All other trademarks not owned by Asap.com.kw that appear on the Site are the property of their respective owners who may or may not be affiliated with, connected to or sponsored by Asap.com.kw.

11. Abusing Asap.com.kw

Please report problems of any kind or violations of this User Agreement to Asap.com.kw. If you believe that your intellectual property rights have been violated, please notify Asap.com.kw. Without prejudice to any other rights and remedies of Asap.com.kw, under this User Agreement or at law, Asap.com.kw may limit, suspend or withdraw a user's access to the Site and/or a user's membership of the Site or remove hosted content. Also Asap.com.kw can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.

 

12. Buyer Protection

Asap.com.kw has a "Buyer Protection Program" which seeks to assist buyers in ensuring that their purchase is protected against fraud. If a buyer has purchased an item by means of any of Asap SafePay’s processes yet never received it or received an item worth significantly less in value compared to what was described by Asap.com.kw, the buyer may seek protection under the Buyer Protection Program. Buyer Protection Program involves reimbursement by Asap.com.kw to the buyer of the value of the item only. To be eligible under the Buyer Protection Program, a buyer needs to file a complaint to Asap.com.kw within 48 hours of receiving (or not receiving) the relevant item. Asap.com.kw will investigate the matter, and if it has been determined (by Asap.com.kw in its sole discretion) that the seller has intentionally defrauded the buyer in relation to the item for which Asap.com.kw has reimbursed the buyer, Asap.com.kw may limit, suspend or withdraw the seller's access to the Site and/or the seller's membership, and Asap.com.kw may charge the seller for Asap.com.kw's costs in reimbursing the buyer and for any handling and shipping in accordance with the Fees & Credit Policy. Asap.com.kw reserves the right to take further steps as it considers necessary, including (without limitation) legal action. You acknowledge and agree that if any illegal or otherwise unlawful item returned to Asap.com.kw by a buyer, Asap.com.kw may in its sole discretion destroy the item or take any other steps as it considers necessary.

Shipping Fees for Returned Items:

1) Return item due to Asap.com.kw’s fault (Item is not as described, item defective, incomplete ... etc.) A) If the buyer claimed within 2 days of the date of delivery 1. Complete the "Return Form" enclosed in your original order and place it inside the return package. Pack and seal your return merchandise securely (in the original package). 2. Call us on 1844222 and request a return date and confirm the pickup location. You will be then given a time at which one of our delivery team members will pick the package from you. 3. Your return will be processed promptly upon arrival, and we will send you a confirmation email. Please allow 2-3 weeks from the shipping date for your account to be credited. Once received, return packages are processed within 24 hours. The time to post a credit to your account varies and is determined by the issuing bank. Please contact the issuing bank for details. When an exchange is requested, it is completed in two steps: 1) A store credit is issued for the item(s) returned. 2) A new order is processed for the item(s) requested in exchange. B) If the buyer claimed after the 2 days of the date of delivery (*Only if return approved), buyer pays the Delivery and Shipment Fees 2) Return item due to buyer's fault (*Item in the original state & condition as when purchased and received.) In this case, Asap.com.kw doesn’t accept returning or exchanging products due to hygienic reasons.

13. Platform for Communication

In particular:

1. Asap.com.kw is not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of unavailable items.

2. Asap.com.kw does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.

3. Users shall independently agree upon the manner and terms and conditions of delivery, payment and insurance as among each other, and Asap.com.kw holds no responsibility in respect of such arrangements.

4. Asap.com.kw accepts no liability for any errors or omissions on behalf of third parties.

5. Asap.com.kw excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages; arising directly or indirectly out of your use of or your inability to use the Site.

14. Privacy

Asap.com.kw takes reasonable measures (physical, organizational and technological) to safeguard you against unauthorized access to your personally identifiable information and safely store this information. However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed. Asap.com.kw has no control over the practices of third parties (e.g. website links to this Site or third parties who misrepresent themselves as you or someone else). You agree that Asap.com.kw may process your personal information that you provide to it for the purposes of providing the services on Asap.com.kw and for sending marketing communications to you, and that the Privacy Policy of this Site governs our collection, processing, use and any transfer of your personally identifiable information.

15. Breach of User Agreement

Without prejudice to any other rights and remedies of Asap.com.kw under this User Agreement, at law or otherwise, Asap.com.kw may immediately and without liability limit your activity, limit or withdraw your membership, and/or limit or withdraw your access to the Site if you breach this User Agreement, if Asap.com.kw is unable to verify or authenticate any information you provide or if Asap.com.kw believes (in its sole discretion) that your actions may cause legal liability for you or other users.Asap.com.kw may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with Asap.com.kw or use the Site in any manner whatsoever until such time that such user is reinstated by Asap.com.kw. Notwithstanding the foregoing, if you breach this User Agreement, Asap.com.kw reserves the right to recover any amounts due and owed by you to Asap.com.kw or any losses and damages caused by you to Asap.com.kw and to take such steps including legal action and/or the initiation of criminal proceedings against you as Asap.com.kw in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of Asap.com.kw's right to take any actions with respect to that or subsequent or similar breaches. Asap.com.kw does not guarantee that it will take action against all breaches that there may be of this User Agreement.

16. Withdrawal of Access and/or Membership

Without prejudice to any other rights and remedies of Asap.com.kw under this User Agreement, at law or otherwise, Asap.com.kw may limit, suspend or withdraw your membership and / or your access to the Site at any time without notice and for any reason, including, without limitation, breaching this User Agreement.

17. No Warranty

Asap.com.kw provides the Site and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. Asap.com.kw makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error-free and/or uninterrupted. Asap.com.kw makes no warranty that defects will be fixed or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that Asap.com.kw has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.

18. Limitation of Liabilities

To the extent permitted by law, Asap.com.kw, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever- whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (whether arising in negligence or otherwise and whether or not Asap.com.kw has been advised of the possibility of such losses or damages).

If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to Asap.com.kw, Asap.com.kw shall treat such unauthorized use as subject to the terms and conditions of this User Agreement.

19. Indemnity

You agree to indemnify and hold Asap.com.kw and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.

20. Relationship and Notice

None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and Asap.com.kw, and you shall have no authority to bind Asap.com.kw in any manner whatsoever.

21. Disputes

If any dispute, claim, controversy or difference (including that in relation to any tortuous or statutory claim- "Dispute") arises out of, in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing as of the date that a party first sends to the other party a written notice of the Dispute.

22. Transfer of Rights and Obligations

You hereby grant Asap.com.kw the right to and irrevocably acknowledge and agree that Asap.com.kw may, at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. Asap.com.kw agrees to use all reasonable endeavors to provide notice to you of any transfer by means of  posting on the Site. You may not at any time, without the prior written consent of Asap.com.kw, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement..

23. General

If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and Asap.com.kw with respect to the subject matter hereof.

No person, who is not a party to this User Agreement, shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.

24. Governing Law

This User Agreement is governed by, and construed in accordance with, Kuwait law. This clause will survive any expiry or cancellation of this User Agreement for any reason.