Terms & Conditions

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 or submitting any material to our application or use any of our application services], we will ask you to expressly agree to these terms and conditions.

1.4 This application “Appex” is a way of connecting businesses with social media influencers to advertise certain products and services for consumers by using modern and technological advertising methods within our application in a simple and convenient way.

1.5 This application serves the need of a fast, reliable, well-managed connection between businesses and influencers.

1.6 This application doesn’t sell, advertise, rent or show, any of the products that you wish to advertise by the influencers.

1.7 This application doesn’t interfere with the production of any product or the delivery of it nor the quality of the product.

1.8 This application doesn’t guarantee any service that you presents to the costumers.

1.9 This application will permit free ads in varying periods at the discretion of the application administration, special regulations will apply to select the candidates and type of ads.

1.10 You are obliged to contact the administration in 48 hours prior to the date agreed with the influencer, in case you wish to cancel or change the project.

1.11 In case of cancelation, 50% of the amount will be refunded if the cancelation is before two weeks from the agreed on date, if otherwise no amount will be refunded.

1.12 By accepting these terms and conditions you hereby acknowledge and agree that the products and services that you present in the application will be available and visible for all the influencers of the application and any third party without any responsibility on the administration .

1.13 You will be responsible for following up your account, orders and notifications at all time and you are responsible for meeting with the timelines mentioned in this terms or agreed on later.

1.14 In case you violate at any point, these terms and conditions, you acknowledge and agree that you are solitary responsible for any harm or damage afflict the application or the influencer, a settlement agreement can be made with you through the application administration.

2. Copyright notice
2.1 This application is owned by Appex Social General Trading Co. 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.
(c) We provide analytics for some of each influencer’s social media accounts, including average number of likes, average number of comments, top posts and it’s likes and comments number, gender breakdown of followers, followers top countries, best times for posting, most engaged post type (photo, video or carousel), number of followers and top keywords from followers’ bio. This information is provided through a third party. In the event that you wish to obtain this data, you can request it directly on the application for a yearly fee. The application reserves the right to update the data and platforms included at its own discretion.

3. Licence to use application
3.1 You may:
(a) View pages from our application;
(b) Print pages from our application;
(c) Use our application services by means of mobile application, 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 mobile phone or any portable device.

3.3 You may only use our application for your own personal use as a “business”, 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 commercial purposes; or
(e) Redistribute material from our application.
(f) Screen capture any of the pages of the application

3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person, if and when distributed.

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, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious 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
(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 a business account on our application under this Section 5, you must be a working entity in Kuwait with a valid registration.

5.2 After the registration the application administrative will assure that you have met the required terms to register as an influencer with the application, a letter of acceptance or refusal will be sent to you.

5.3 You must not allow any other person to use your account to access the application, unless you authorize it in written to the application administration and specify the width of this authorization.

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 account to access the application, unless you have that entity’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.

7.2 Should the need to cancel or delete your account arise, you will need to contact the application administration in writing at least two weeks prior to the date of cancelling or deleting.

8. Your content: license
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 license to use, reproduce, store, adapt, publish, translate and distribute content you provide to the application [profile photo, bio, etc.] – not including projects you work on, accept, finish and reject – ,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
(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.

11.7 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, portable devices 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, contract, and NDA, 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 Kuwait 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 in partnership and operated by [Appex Social General Trading Co.].

19.2 We are registered in [Kuwait] under registration number […………….], and our registered office is at [……]

19.3 You can contact us by writing to the business address given above, by using our application contact form, by email to connect@appexsocial.com.

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 or submitting any material to our application or use any of our application services], we will ask you to expressly agree to these terms and conditions.

1.4 This application “Appex” is a way of connecting businesses with social media influencers to advertise certain products and services for consumers by using modern and technological advertising methods within our application in a simple and convenient way.

1.5 This application serves the need of a fast, reliable, well-managed connection between businesses and influencers.

1.6 This application doesn’t sell, advertise, rent or show, any of the products that are advertised by the influencers.

1.7 This application doesn’t interfere with the production of any product or the delivery of it nor the quality of the product.

1.8 This application doesn’t guarantee any service that any business presents to the costumers.

1.9 This application will permit free ads in varying periods at the discretion of the application administration, special regulations will apply to select the candidates and type of ads.

1.10 When receiving the description of, or goods, service you have to disclose your acceptance or rejection of the project within a period of 48 hours from the date of receipt. Failure to this commitment for three consecutive times could result in the removal of your account from the database of the application without any responsibility on the administration. While in case of rejection, a reason must be declared.

1.11 You are obliged to contact the administration 48 hours prior to the date agreed with the client, in case of you are not able to fulfil the project, and by that you acknowledge and agree that you are not entitled of any amount of the advertisement, with no exception of article 1.17

1.12 By accepting these terms and conditions you hereby acknowledge and agree that the prices that you present in the application will be available and visible for all the users of the application and any third party without any responsibility on the administration.

1.13 All the prices that you present will be available for all business using the application, and for all the social media entities which you have a registered and certified account.

1.14 The prices that you present in our application can be changed with a request from to the administration at least two weeks prior of the changing date.

1.15 You will be responsible for following up your account, business orders and notifications at all time and you are responsible for meeting the timelines mentioned in the terms or agreed on later.

1.16 The financial settlements for your advertisement projects will be paid on a monthly basis for the projects completed before the 20th of every month, on the 15th of the following month.

1.17 An additional amount will be added to your rates as an application fee, based on the country of residence.

1.18 At the time of launching and operating the application, you are obliged to post a free advertisement of the application as a support of the application without deleting it in any case.

1.19 Varied categories of interests will be available for the influencer to choose from as they will have the sole responsibility of choosing the categories that represent them.

1.20 The influencer should always present the requested orders from the business with the highest quality means and honesty.

1.21 In case you violate at any point, the requested advertisement, you acknowledge and agree that you are solitary responsible for any harm or damage afflict the client, a settlement agreement can be made with the client through the application administration, and you are not entitled for any amount in these cases, with no exception to article 1.17.

1.22 In case of conflict or any contradiction between any said obligations or given right mentioned in this terms and conditions and any signed contract, the provisions of the signed contract will be enforced on the relationship between Appex and you.

2. Copyright notice
2.1 This application is owned by Appex Social General Trading Co. 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) Print pages from our application;
(C) Use our application services by means of mobile application, 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 mobile phone or any portable device.

3.3 You may only use our application for your own personal use as an “influencer”, 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 commercial purposes; or
(e) Redistribute material from our application.
(f) Screen capture any of the pages of the 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, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious 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, that will be processed by our team for verification, and you will be notified accordingly of the acceptance or rejection.

5.3 After the registration the application administrative will assure that you have met the required terms to register as an influencer with the application, a letter of acceptance or refusal will be sent to you.

5.4 You must not allow any other person to use your account to access the application, unless you authorize it in written to the application administration and specify the width of this authorization.

5.5 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5.6 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.

7.2 Should the need to cancel or delete your account arise, you will need to contact the application administration in writing at least two weeks prior to the date of cancelling or deleting.

8. Your content: license
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. This does not include any material you submit or create on behalf of a client.

8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute content you provide to the application [profile photo, bio …etc.] – not including projects you work on, accept, finish and reject – ,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 For analytics purpose, you grant us the right to access all needed data from your social media accounts (YouTube, Instagram, and Twitter) to collect data regarding, average number of likes, average number of comments, top posts and it’s likes and comments number, gender breakdown of followers, followers top countries, best times for posting, average likes and comments over the past year per month, average likes and comments on daily base for a period of one week, most engaged post type (photo, video or carousel) number of followers and top keywords from followers bio.

8.4 You grant us the right to share all data mentioned in section 8.3 with any subscribed client of Appex for the purpose of analytics.

8.5 You grant to us the right to sub-license the rights licensed under Section 8.2.

8.6 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.

8.7 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.

8.8 You may edit your content to the extent permitted using the editing functionality made available on our application.

8.9 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, and you will be entitled only to the deserved payment for completed projects.

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.

11.7 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 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, portable devices 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, contract, NDA], 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].

Appex Social © 2017