سياسة الخصوصية

 

MYHUSHCLUB – TERMS AND CONDITIONS

 

1. Intellectual Property Rights

1.1

The website “myhushclub” (hereinafter referred to as the “Website”) is an electronic website operating over the information network (the Internet).

1.2

The Website is owned and managed by Themec, and all intellectual property rights related to patents, copyrights, authorship, publishing, designs, trademarks, trade names, and logos are the exclusive property of Themec – Kuwait.

1.3

The Website provides certain advertising and marketing services to companies and individuals through new and innovative ideas and concepts, in accordance with the marketing method chosen by each company to promote itself (each of which shall be referred to as a “Marketing Company”), whether local, regional, or foreign.

1.4

Through the Website, individuals (each of whom shall be referred to as a “User”) may access the Website, view offers and products, purchase through it, and obtain services or products displayed thereon, in accordance with the nature, type, terms, and conditions of each Marketing Company, in addition to other services, concepts, and ideas that are subject to these Terms and Conditions.

1.5

Users must review these Terms and Conditions before starting to use the Website, and in fact each time before use, due to the possibility that some terms, conditions, or privacy policy provisions may be amended from time to time at the discretion and according to the activity of each Marketing Company.

1.6

Mere access to the Website and use of it shall constitute an express acknowledgment by the User that they have read these Terms and Conditions, are aware of them, and agree to be bound by them, whether such access is by browsing the Website, using it, or requesting any product or service through it.

2. User Terms and Conditions

2.1 Age Category

2.1.1

The User of the Website must be at least eighteen (18) years old and must enjoy full legal capacity at the time of accessing the Website.

2.1.2

The Website does not request personal data from any person known to be under the age of 18, and the application and/or Website does not collect or retain any data from persons known to be under the age of 18.

2.2 Non-Use of Third-Party Data

2.2.1

When using the Website, the User must do so through their own smart, fixed, or mobile devices. It is not recommended to use another person’s device without that person’s knowledge or consent.

2.2.2

Responsibility for the use of the Website lies with both:

• the actual User, and
• the owner of the device used,

in case they are different persons.

The Website shall not be liable towards the User, but towards the owner of the device used. The Website shall not be liable towards any device owner who allowed others to exploit their device to access the Website.

2.2.3

If it becomes evident to you that your device has been used to access the Website, the Website shall bear no responsibility for such use. You may resort to the competent legal channels to identify the User who exploited your device.

2.2.4

The User of the Website bears full responsibility for all data entered when using the Website. The Website disclaims its responsibility from any data entered by the User, whether such data was obtained by the User in an unlawful manner, or without the consent or knowledge of the data subject.

2.3 Privacy of Personal Data

2.3.1

The Website undertakes to protect the privacy of your information and the security of your data, such that it is not published or shared with others.

2.3.2

The right to view and access the personal data you enter shall be limited to:

• the relevant Marketing Company, and
• the selected payment gateway,

by allowing them to view the personal data entered (which is presumed to be accurate), such as the name, phone number, or banking information requested by the payment platforms to complete transactions. The User enters such information voluntarily through the Website.

2.3.3

You are not obligated to provide any personal information you do not wish to share. However, if you choose to withhold the requested information, we may be unable to provide you with some services or products, even if they are available with the Marketing Company, due to usage restrictions or limitations.

2.3.4

The Website, the Marketing Company, and the selected payment gateway shall have the right to view and access all information that you have voluntarily entered.

2.3.5

The Website strongly emphasizes the prohibition of using any bank card belonging to another person without their knowledge or consent. The Website will cooperate with the competent official authorities in the event of any complaint relating to misuse, by providing such authorities with any data available to it regarding transactions carried out.

2.3.6

The User must comply with all laws and regulations related to the privacy of personal data.

3. Liability Terms Toward the User or Third Parties

3.1

The Website does not provide marketing or advertising advice, does not endorse any service or product displayed through it, and is not responsible for guaranteeing the quality of any service or product or ensuring that certain conditions or standards are met. Such services and products are offered through the Website by the Marketing Companies, who are solely responsible for them. The User and the Marketing Company bear full responsibility in this regard.

3.2

The Website is not a guarantor of any service or product, nor of the accuracy of the content displayed or its conformity with the terms and specifications of the Marketing Company. Therefore, the Website shall bear no liability arising out of or in connection with any of these matters.

3.3

Continued use of the Website and placing orders through it more than once shall be considered a waiver of any liability on the Website’s part towards the same Marketing Company.

3.4

If the Marketing Company provides a delivery service, it shall bear full responsibility for that service. The Website shall not be responsible for the quality, integrity, safety, or honesty of the transport and delivery process.

3.5

The Website has not tested any of the products, tools, devices, or equipment displayed through it. The sole party responsible for product quality is the Marketing Company.

The Website is not a sales agent and does not control or guarantee the quality, suitability, safety, reliability, legality, or any other aspect of any goods, products, devices, or tools displayed through the Website.

3.6

The Website shall not be liable for any problems arising from or related to the Marketing Company.

3.7

The Website disclaims any responsibility for non-fulfillment of obligations by the Marketing Company toward the User.

3.8

The Website shall not be responsible for any side effects of services or products provided by the Marketing Company.

3.9

The Website shall not bear responsibility for any inappropriate, unethical, or improper conduct by any Marketing Company.

3.10

The Website is not responsible for educating the User in matters of health (for example, the harms of devices or radiation) or any other matters that may cause complications. The User acknowledges that the Website’s role is merely to connect the User with the Marketing Company.

4. Search, Payment, and Refund Terms

4.1

By agreeing to these Terms and Conditions, you acknowledge and consent to the Website, the Marketing Company, the payment gateway, and the delivery company tracking your location, whether for:

• identifying the nearest store/branch/warehouse,
• delivery purposes, or
• other purposes related to improving the quality of services provided.

4.2

The Website disclaims any responsibility for the results of search operations, whether relating to:

• distance or proximity,
• which is best,
• which is cheapest,
• which is of higher quality,

or any similar criteria.

4.3

The User must pay the service or product fees before delivery. Any product that has been delivered and opened by the User cannot be returned or refunded, even if unused, except where there is a clear and provable manufacturing defect. Such cases are expected to be rare, as the Website reviews all products prepared for delivery to ensure their integrity.

4.4

If the Marketing Company’s sale of products includes a delivery service, the Website has no involvement in such service and is not liable for any delay, destruction, damage, or change in product specifications during transport and delivery, etc.

4.5

The Website is not responsible for any problem arising from services or products that you have received through the Website and for which you have already paid. The User must resolve such issues directly with the Marketing Company, without involving the Website as a party to the relationship.

4.6

If any payment transaction is carried out through the Website, it shall be executed with the assistance of a third party specialized in electronic payment services, which may gain access to your personal and banking information. It should be noted that the Website shall not be responsible for any error or malfunction in the payment process, and settlement of such matters shall be strictly between the User and the third-party electronic payment provider.

4.7

The Website endeavors to provide secure use to the greatest extent possible. All confidential or credit information submitted is transmitted via secure, encrypted technology and then encrypted in the database of our payment gateway providers so that it is available only to those authorized with access to such systems, who are required to maintain the confidentiality of such information.

4.8

The relationship between the Website, the Marketing Company, the User, and the payment gateway terminates upon completion of:

• the order,
• payment,
• delivery, and
• opening of the product or partial use of the service.

5. Publication, Advertising, and Social Media Terms

5.1

Any information that involves any type of violation will be deleted in whole or in part, whether published through the Website or through any account belonging to the Website or the Marketing Company on any social media platform.

The person who recorded or posted such data shall be responsible for any damage incurred by any party, whether parties to this agreement or third parties.

5.2

The Website and the Marketing Company are not responsible for the opinions and ratings (reviews) of Users.

5.3

The Website is not responsible for good or bad ratings and comments made by Users, which may not accurately reflect the true image of the Marketing Company, the product, or otherwise.

5.4

The Website is not responsible for any content that may be considered offensive (in the User’s opinion), whether:

• a recorded video,
• a live broadcast,
• an audio or visual clip, or
• written text.

5.5

If your unlawful use of the Website causes any damage to the Website or to other associated social media platforms, or to others, in any form—including content that you publish or upload—you agree to indemnify and hold the Website harmless and to compensate for the damage.

5.6

Advertisements published through the Website, including:

• their quality, and
• the effectiveness of the advertised product or service,

are the sole responsibility of the advertiser.

5.7

The Website disclaims any responsibility for any data displayed on or sent through the Website or through platforms related to the service or product being promoted and belonging to the Marketing Company.

5.8

The Website is not responsible for any images or data related to services and products provided by the Marketing Company, including any difference or non-conformity with reality, or any similar cases.

6. Website Security and Protection Terms

6.1

Any remark, comment, or suggestion regarding the services provided by the Website or by any associated social media accounts—currently existing or that may be created in the future—shall become our sole and exclusive property.

Your acceptance of these Terms shall be deemed a full and complete waiver in our favor of all your rights in such remarks or comments. We shall have the right to use such remarks in any way without any obligation toward you, and you shall have no right to bring any legal claim regarding them. You also acknowledge that you waive your intellectual property rights in any such comment or suggestion.

6.2

We may use your information for legal reasons, including but not limited to:

• complying with court orders,
• defending against legal claims, or
• for any other reason required by law.

6.3

The Website may use cookies. By using the Website or agreeing to these Terms and Conditions, you consent to our use of cookies.

6.4

Without prejudice to any other rights under this agreement or under these Terms and Conditions, if it is determined that you have violated, or there is mere suspicion that you have violated, this agreement or any of the Terms in any way, the Website may:

• send one or more formal warnings;
• temporarily suspend your access to the platform;
• permanently prevent you from accessing the platform;
• block any computers or mobile devices that use your IP address from accessing the platform.

6.5

If your unlawful use causes any damage to the Website or to others, or constitutes a breach of the Terms and Conditions or any right of any party, you agree to indemnify and hold the Website harmless and to compensate for the damage.

7. Terms and Conditions Specific to the Marketing Company

7.1

Through this Website, the Marketing Company offers a modern concept for marketing itself, which consists of selling a number of tightly sealed cardboard boxes that contain unseen gifts inside them. The User will not be able to know what is inside the box they order until they open it and are surprised by its contents.

7.2

All boxes contain gifts whose total value is at least equal to the price of the box and its contents.

There are other boxes that contain gifts whose value is double or even more (once or twice) than the actual amount paid by the User. In this context, luck and excitement play their essential role.

7.3

All boxes have been pre‐packed and sealed after confirming that:

• their value is at least equal to the price of the box, and
• the gifts inside are in good condition.

They have been sequentially numbered, and the box for each User is selected through a draw/lottery carried out during live broadcasts on the Website’s or the Marketing Company’s social media accounts.

7.4

The User acknowledges that they are aware that all products sealed inside the box differ in value from one box to another, and that in all cases their value is equal to the amount paid on the day of order as a minimum.

The User also acknowledges that the Marketing Company obtains the gifts inside the boxes from the general market; therefore, the Marketing Company cannot guarantee the country of manufacture of all products, or any particular country of origin, or any specific characteristics beyond what it undertakes.

7.5

All products inside the boxes are of acceptable quality, and the Marketing Company guarantees manufacturing defects only, and only with respect to the specific defective item, provided that the User notifies the company within one (1) day from the date of receiving the box, in order to ensure that no exchange or tampering has taken place.

7.6

With regard to periodic follow-up and maintenance, the Marketing Company does not provide any guarantee for maintenance or after-sales service. The User may refer to the local agent or distributor for each product where applicable.

7.7

The Website and the Marketing Company are not responsible for the marketing of such products by third parties or in the event that the User resells the box or its contents, due to the impossibility of tracking the integrity and correctness of the process, and any exchanges or replacements that may have occurred.

7.8

The responsibility of the Marketing Company ends once the User receives the box and opens it. The User shall not be entitled to request a return or refund for the reasons stated in the previous clause, except in the case of a clear manufacturing defect and not due to misuse or mere dissatisfaction with the contents of the box.

7.9

The User understands that the Marketing Company has the right not to allow the User to obtain more than one box if demand for the boxes is high. The purpose of this process is purely marketing-oriented, and the company seeks to reach the largest possible segment. Therefore, priority is always given to those who have not previously benefited from the company’s offer.

7.10

All gifts placed inside the boxes are new and have not been used by the Marketing Company.

7.11

The User acknowledges that the Marketing Company uses a third party to handle the delivery process; therefore, the Marketing Company shall not be responsible for any delay in delivery caused by the third party. What it guarantees is only the case of non-delivery.

7.12

By accessing the Website, ordering the service or product, and paying the price, the User acknowledges that they have read these Terms and Conditions and agree to be bound by them.

8. Termination Terms and Conditions

8.1

We may be required to terminate your access to the Website in any of the following cases:

8.1.1

If we are required to do so by law, including but not limited to when access to the Website or provision of it to you becomes illegal.

8.1.2

If any third party (if any) that we rely on to provide the Website or related services to us or to you terminates its relationship with us, or ceases providing such services in a way that negatively affects the quality of the service or product that we seek to provide to you.

8.1.3

If providing the Website to you is no longer commercially feasible or practically possible for us.

8.1.4

If you violate any of the terms or provisions of this agreement.

8.2

When this agreement is terminated, all rights, obligations, and legal and financial responsibilities that:

• have benefited the parties to this agreement,
• or are binding upon them,
• or have occurred over time during the effectiveness of the agreement,
• or have been expressly stated to remain in force after termination,

shall remain valid and in effect indefinitely.

9. Force Majeure and Extraordinary Circumstances

9.1

None of the parties shall be liable for nonperformance or delay in performance of any obligation due to force majeure or extraordinary circumstances, including, for example but not limited to:

• war,
• earthquake,
• flood,
• epidemic or pandemic,
• governmental prohibition,
• or similar events.

9.2

The Website, like any electronic platform, is subject to periodic maintenance, which may prevent the User from using it for a short period of time, for purposes of development and providing the highest levels of convenience in use.

10. Indemnity

10.1

If your unlawful use of the Website or any associated social media platforms causes any damage to the Website, or to others, in any form—for example, through content that you publish or upload—or if you violate the Terms and Conditions or any right of any party, you agree to indemnify and hold the Website harmless and to fully compensate for such damage.

11. General Terms and Conditions

11.1

We are required to review these Terms and Conditions and the Privacy Policy from time to time. Therefore, if these Terms and Conditions or the Privacy Policy are changed, they will be automatically amended from time to time, whether by addition or deletion.

You must review the Terms and Conditions and the Privacy Policy and agree to them each time you wish to use the Website. If you do not agree to them, the Website shall not be obligated towards you in any way.

11.2

Your agreement to this contract and these Terms shall be deemed an approved electronic signature, recorded in our electronic system and confirming the validity of this agreement. Likewise, your mere use of the Website and placing orders through it shall be considered implicit acceptance of all these Terms and Conditions and the Privacy Policy, and an assumption that you have read them and agreed to them.

11.3

These Terms and Conditions are subject to the laws and regulations in force in the State of Kuwait.