The following terms and conditions shall apply to you as a client , with access to the Spiders charge , Spiders Entertainment Services , Spiders Management Backend and use of certain intellectual property and confidential information as set out herein, all of which are the property of THINK LAB TECHNOLOGY GENERAL TRADING COMPANY , a company registered under the laws of Kuwait and having its registered office situate at Rawdat Al Safwa Tower, 10th Floor, Fahad Al-Salem Street, Street No. 58, Kuwait City,
1. Nature As a Client of the Company’s services you are hereby entering into these Terms and Conditions, together with supplemental conditions hereto, with the Company as owner of said services, which shall henceforth regulate the relationship between you and the Company.
2. Services The Company shall grant to the Client access to the Spiders services, Spiders Management Backend and use of certain intellectual property and confidential information (the “Services”).
3. Company’s Obligations 3.1 The Company shall use its best efforts to attempt to process via the its Payment transactions made using: (a). Any MasterCard issued by a member or affiliate of MasterCard International Inc., on which the MasterCard or MasterCard II marks appear, and any other card conforming to the standards established by MasterCard International Inc; (b). Any Visa issued by a member or affiliate of Visa International on which the Visa Marks appear, and any other card conforming to the standards established by Visa International (c). Any debit cards processed by the acquiring bank with which the client has a merchant account; Provided that, the acceptance of payment card depends entirely on the issuing bank of the User Account in that each Bank has its own preference of money instruments. 3.2 The Company accepts responsibility for the security of cardholder data in their Possession and commits to take the necessary precautions and security measures to keep the data secure. 3.3 The Company shall not be any way responsible or pay any compensation for any down-time that may occur. 3.4 Further to Clause 3.3 above, the Client shall not be entitled to any compensation from the Company in the instance that the acquiring bank withdraws its access.
4. Confidentiality The Company will maintain the confidentiality of each transaction and will not collect or otherwise deal in commercially sensitive information, except to the extent necessary for the Services.
5. Fees 5.1 The Company will take fee on each withdraw plus service charges according to the bank on each transaction. 5.1.1 The company will take fee on Master card and Visa transaction according to the bank rules 5.2 Management fee on closing genral users account will be 500 Fils taken from the wallet or requested withdraw money
6. Authority 6.1 The Client authorizes the Company, the Bank and any other required party to: (a). Discuss any matter that related to the establishment of an Internet user Account, the provision of the payment Services and the Client’s Obligations; (b). Complete and/or correct any details; and (c). Provide where necessary a copy of these Terms and Conditions as evidence of the granting of such authority.
7. Software The Company licenses to the Client on a non-exclusive non-transferable basis for use on the application or website during the term of these Terms and Conditions,
8. Client’s Obligations 8.1 Without limiting the Client’s obligations under these Terms and Conditions, the Client undertakes to: (a). Comply with all reasonable directions by the Company relating to the Payment Gateway including only implementing an interface exactly to the specification provided; and (b). Comply with all technical, security and privacy standards set out by the Bank and the card scheme providers and provide evidence of compliance to the Company upon request.
9. Commencement and Term 9. There is no minimum term of agreement between the Company and the Client,in that the Client may cease using the service on providing the Company with ten (15) days written notice.
10. Withdrawal of Payment Services 10.1 The Company reserves the right to immediately and without prior notice to the Client, refuse, withdraw or temporarily suspend, the payment gateway service, or any part thereof, in the event that: (a). the Client fail to comply with its obligations; (b). if advised to do so by any Bank, Visa or MasterCard; (c). if fraud or the inability of Client to meet charge backs is suspected; (d). if the Client is suspected of not meeting security standards set out by the Bank or card scheme providers; (e). if this Agreement is terminated for any reason; or (f). a service upon which the Payment Gateway relies is unavailable. (g) Genral users of application can withdraw the wallet amount by submit closing request of account with spiders services , the action on request will be taken by management in 15 working days. 10.2 The Client waives his/her right to take any action in respect of any damage or loss sustained no matter how, arising from Spiders Payment cancellation or suspension of the Client’s services in accordance with this agreement. THE CLIENT’S ATTENTION IS IN PARTICULAR DRAWN TO THIS CLAUSE 10 HERE ABOVE
11. Liability 11.1 The Company shall under no circumstances be responsible or liable to the Client in contract, tort or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses. 11.2 The Company shall in no manner be responsible or liable for any loss or damages suffered by the Client save for any instances arising solely from direct fault of the Company. 11.3 Further to Clause 11.2 above, the Client shall not hold the Company responsible or liable for any loss or damages the Client may incur as a result of the Company taking any of the actions described under these Terms and Conditions. 11.4 The Company shall not be responsible or liable for any loss of income/orders or perceived loss of revenue as a consequence of downtime (or any other inactivity or inoperability) of Website. 11.5 The Company will not accept liability for downtime, loss of revenue or loss of information, resulting from the deletion of products, product options, categories or the failure of the system. THE CLIENT’S ATTENTION IS IN PARTICULAR DRAWN TO THIS CLAUSE 11 HERE ABOVE
12. Indemnity 12.1 The Client shall indemnify and hold harmless the Company against any loss or damage (including costs) that may be awarded or agreed to be paid to any person in respect of a claim or action arising: (a) in respect of any breach of these Terms and Conditions; or (b) in respect of the Client violation of any law or the rights of a third party. 12.2 The Client additionally undertakes to fully compensate the Company in full for any losses, damages or costs, including all reasonable legal fees incurred, arising: (a) in respect of any breach of these Terms and Conditions; or (b) in respect of the Client violation of any law or the rights of a third party.
13. Restricted Use 13.1 You will not and warrant that you will not: a. Copy, produce, transmit, transcribe, store in a retrieval system, or translate in any language (natural or computer) any part of the site or the services; b. Transfer or attempt to transfer any part of the site or services or your right to access them or otherwise make them available to any other person; c. Attempt to discover the Company’s source code; d. Sublicense, rent or lease any portion of the site or services; e. Reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the site and services, or create derivative works from the site or services except so far as such actions are permitted by applicable law notwithstanding this limitation or are approved in writing by the Company; f. Use the site or the services for any illegal purpose; g. Allow your account to be used for any illegal purpose; or h. Allow your account to be used by another person for any purpose. 13.2 Further to Clause 13.1 above, if you learn of: a. Any infringement of threatened infringement of the intellectual property or confidentially; or b. Any common law passing-off which may cause deception or confusion to the public by a third party, You must immediately notify the company in writing giving particulars of the infringement or threatened infringement.
15. Marketing 15.1 The Company reserves the right to use Client’s company or trading name in any promotional or marketing material it deems fit. This may be in print form, TV, radio or Multimedia (including Web).
16. No Waiver 16.1 The delay or failure of the Company to enforce any terms and conditions shall not be deemed to be a waiver of the said terms and conditions and shall in no way affect their validity or the right of Company thereafter to enforce all or any of such terms and conditions.
17. General 17.1 These terms and conditions shall be binding upon and inure to the benefit of the parties hereto and their respective legal successors but shall not otherwise be assignable by either party without the written consent of the other which consent shall not be unreasonably withheld. 17.2 If any provision of to these terms and conditions is agreed by the parties to be illegal, void or unenforceable under any law applicable hereto or if any court of competent jurisdiction in a final decision so determines, this Agreement shall continue in force save that such provision shall be deemed to be excised Here from, with effect from the date of such agreement or decision or such earlier date as the parties may hereby agree. 17.3 The headings in to these terms and conditions are for convenience only and shall not have any legal or interpretative effect.
18. Machine Maintenance & Terms for Partners 18.1 The machines will be property of THINK LAB TECHNOLOGY GENERAL TRADING COMPANY ; User will pay the rent as per the terms and conditions of agreement between party and company. 18.2 Party has to pay monthly or yearly as per the contract signed or terms agreed between company and party 18.3 Any damage of machine will be responsibility of party, any broken or stolen of machine will be charged to the party as per the damage. 18.4 Machine will be maintain by Spiders and any technical fault will be resolved by company engineers only .If any seal of machine found broken or any tempered with machine damage will be paid by the party
19. Governing Law and Disputes 19.1 The construction, validity and performance of to these terms and conditions shall be governed in all respects by Kuwait law. 19.2 Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the rules of the Kuwait Arbitration Centre as at present in force. The appointing authority and administrator shall be the Kuwait Arbitration Centre. The number of arbitrators shall be one. The place of arbitration shall be Kuwait. The language to be used in the arbitral proceedings shall be English/ Arabic . Arbitration in terms of this Clause shall constitute the sole and exclusive remedy for the resolution of disputes, controversies of claims arising out of or relating to this agreement, or the breach, termination or invalidity thereof.
20. For Membership or Subscribers users 20.1 User can take one power bank at a time 20.2 User can only take another powerbank when first rented is returened 20.3 If user does not returend the powerbank within 48 Hours the subscription of user will be cancelled and user have to buy new subsciption.