Terms & Conditions


Introduction:


Noor Integrated Technology Solutions Company (NITS) (“us”, “we”, “our”, or “NITS”) provides and operates Shaghardy mobile application for on-demand home services / home improvement projects (the “Service”) for users of Android and iOS devices. This application provides technology platform that enables consumers (“Customers”) to communicate and connect with product or service providers (“Sellers” or “Service Providers”).


This application is owned by or on behalf of Noor Integrated Technology Solutions (NITS), having its registered office at: 8 Mall - Office 64, Salem Al-Mubarak Street, Salmiya, State of Kuwait, and contact email address: support@sheghardy.com.


These are the terms and conditions governing your access to and use of the Service. By accepting these terms and conditions (including the linked information herein), and by using the Service, you represent that you agree to comply with these terms and conditions with us in relation to your use of the Service (the “User Agreement”).


This User Agreement is effective upon your acceptance. If you do not agree to be bound by this User Agreement, please do not access, register with or use this Service.


Before you may become or continue as a member of the Service, you must read, acknowledge, agree with, and accept this User Agreement and our Privacy Policy (the “Privacy Policy”). You should read this User Agreement and the Privacy Policy, and access and read 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 the Service. Such linked information including but not limited to our Privacy Policy.


Eligibility for Membership:


We wish to ensure that the members of this Service are able to form legally binding contracts. Membership of the Service is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Service. Without prejudice to any other rights and remedies of NITS under this User Agreement or at law, we reserve the right to limit or withdraw access to the Service or the membership of any person if we believe that person is under the age of 18 years.


The Service is not available to persons whose membership has been suspended or withdrawn by the administrator of the Service. 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 the Service.


Your Service User Account and Registration Obligations:


When you register as a member of the Service you have been or will be required to provide certain information and register a name and phone number for use on this Service. On becoming a member of the Service, you agree:


A. You are responsible for maintaining the confidentiality of, and restricting access to and use of your Service user account, and accept responsibility for all activities that occur under your Service user account. You agree to immediately notify us of any unauthorized use of your Service user account or any other breach of security. In no event will we be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your Service user account. You may not use another person's Service user account at any time, without expressed permission of the Service user account holder. You agree to reimburse us for any improper, unauthorized or illegal use of your Service user account by you or by any person obtaining access to the Service, or otherwise by using your designated Service user account, whether or not you authorized such access. You will provide true, accurate, current and complete information about yourself as prompted at the registration to the Service, and/or any future update to the information during your access and use of the Service.


B. The information that you provide at the registration or future update shall not include the word “Sheghardy” or “NITS” and should not reflect any current details that are pertaining to our Service or NITS. Also you will not include any of your contact details, including but not limited to email addresses, phone numbers or any other contact details that belong to us.


C. 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 we have 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 NITS under this User Agreement or at law, we have the right to indefinitely suspend, limit or withdraw your access to the Service and/or your membership of the Service.


D. We may (in our sole discretion and at any time), make any inquiries we consider necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify 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 registered commercial 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 us upon such requests. You acknowledge and agree that if you do not, we without liability may limit, suspend or withdraw your access to the Service and/or your membership of the Service. We also reserve the right to remove unconfirmed/unverified and/or idle/dormant Service user accounts that have been inactive for a long time.



Electronic Communications:


You agree that we may communicate with you by email, phone number, or by sending notifications via our Service or third party tools. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement. We require your agreement during the registration process to send you emails and/or notifications to let you know about any new changes, features or promotional activities that are added to the Service. If, at any time, you decide that you do not wish to receive notifications, you can opt out of receiving these notifications by disabling this feature from your Service user account setting.


Amendments to this User Agreement:


You acknowledge and agree that we shall perform 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 we (at our sole discretion and without liability) may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by including the amendment to the User Agreement that are posted at the Service.


Payments for Products And Services:


A. The State of Kuwait is our country of domicile. Our Service will NOT deal to sanctions countries / jurisdictions in accordance with the law of the State of Kuwait.


B. The Customers, and Sellers or Service Providers must retain own copy of transaction records.


C. Payment options and payment currencies are solely decided Sellers or Service Providers.


D. If you make cash payments for products or services on our Service, the payment is directly received by the Sellers or Service Providers.



Your Information:


You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, that you provide to us, and/or post about the Service in the registration, buying, listing or selling process, and/or about your comments and feedback about the Service, and/or Seller or Service Providers, through any email or by any other means for the purposes of operating and promoting the Service in accordance with this User Agreement. You are solely responsible for the Information, and we act as a passive conduit for your distribution and publication of the Information.


Use of the Service:

While using the Service, you will not:


1. Post information or contents, or list products or services under inappropriate category or areas on our Service.


2. List products or services you do not provide to Customers, or offer counterfeit or stolen products or services to Customers, nor to manipulate or attempt to manipulate Customers in any way including the prices of any products and services on the when using this Service.


3. Fail to deliver products or services purchased from you after the agreement with and consent of the Customers.


4. Attempt to conclude transactions relating to products and services that have been delivered to Customers, nor to claim transactions relating to products and services that were not sold to Customers in accordance with this User Agreement.


5. Circumvent or manipulate fee or any of the billing process when using this Service.


6. Take any action that may undermine the Service’s feedback and/or ratings systems in the Service (including but not limited to the manipulate or falsifying such information).


7. Post information or contents, or list products or services which are false, factual in nature, fraudulent, inaccurate, misleading, libelous, defamatory, slanderous, unlawfully threatening or (in our sole discretion) would be reasonably considered to constitute harassment.


8. Post information or contents, or list products or services, or post comments, questions or answers which (in our sole discretion) make any racist comments, use profanity, abuse another user, disrespect another's culture or make any other derogatory or inappropriate comments.


9. Post information or contents, or list products or services which (in our sole discretion) may infringe any third party's intellectual property rights, other proprietary rights or right to privacy.


10. Post information or contents, or list products or services which (in our sole discretion) may be considered to be obscene, including but not limited to pornography or any representation which may be considered indecent.


11. Post information or contents, or list products or services which (in our sole discretion) may be considered political, and/or contrary to the public interest.


12. Post information or contents, or list products or services which (in our sole discretion) may be considered culturally or religiously offensive in any way.


13. Post information or contents, or list products or services which (in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions.


14. Post information or contents, or list products or services which (in our sole discretion) may threaten the national security of your own or other countries.


15. Post information or contents, or list products or services which (in our sole discretion) may constitute or be considered to promote gambling.


16. Use keyword spamming in information or contents, or listing of products or services (when you place names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members from truth).


17. Display, import or export of comments and feedback information about the Service to be used for purposes unrelated to the Service.


18. Transfer any information from the Service user account to another party, nor to export or re-export any Service tools, without our consent.


19. Copy, modify, or distribute any contents from the Service or otherwise infringe the Service’s copyright material and/or trademarks in any way.


20. Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.


21Distribute viruses, Trojan horses, worms, time-bombs, cancel-bots, Easter-eggs or other computer programming technologies that may harm the Service and its infrastructure, interests, or property of NITS.


22. Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.


23. Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.


24. Interfere or attempt to interfere with the proper working of the Service.


25. Attempt to take over another Service user account or carry out any hacking or phishing of the Service or Service user accounts.


26. Abuse this User Agreement and/or our Privacy Policy that are posted on the Service, nor to violate any laws, rules, regulations, guidelines, and/or third parties’ rights.



Unacceptable Products And Services:

While using the Service, you will not directly or indirectly, offer, attempt to offer, trade in, attempt to trade in, or include descriptions or links to any of the following products and services:


1. Securities, including shares, bonds, debentures, or any other financial instruments or assets of any description.


2. Living or dead creatures and/or the whole or part of any animal which has been kept or preserved or restricted by applicable laws including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, or other animal products.


3. Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances.


4. Religious items which (in our sole discretion) is likely to affect the religious sentiments of any person.


5. Antiquities and art treasures that are defined by applicable laws to be pertained to national treasures.


6. Cellular phone SIM Cards, except if the transaction is in accordance with the local operators' rules pertaining to transfer of ownership of the item.


7. Services that to your knowledge are fake, false or misleading or may harm the interest or health of another person.


8. Adult sexual products and services, including but not limited to escort services, erotic massage, prostitution, hostess clubs, dating which facilitates sexual encounters or infidelity, and sex toys.


9. Witchcraft, black magic, and exorcism products and services, including but not limited to books, spells, herbs, oils, and stones.


Copyright And Trademarks:


All contents that are included on the Service, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, are the property and copyright work of our Service, suppliers or licensors, and are protected by copyright, trademarks, patents or other intellectual property rights and laws.


The Service trademarks may not be used in connection with any service that is not belong to our Service nor in any manner that disparages or discredits our Service.


Other trademarks which are not owned by us but appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.


Abusing Our Service:


Customers of this Service may report problems of any kind or violations of this User Agreement to the administrator of the Service. If you believe that your intellectual property rights have been violated, please notify us. Without prejudice to any other rights and remedies of NITS under this User Agreement or at law, we may limit, suspend or withdraw Service user's access to the Service and/or their membership. Also we may 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 our User Agreement or Privacy Policy.


Responsibilities of Customers, Sellers, and Service Providers:


The Sellers and Service Providers on this Service are the sole responsible for Customers’ purchases. If a customer has purchased a product or service by our Service and and never received it or received a service worth significantly less than what was described by the Seller or Service Provider, the customer may claim return or reimbursement directly from Seller or Service Provider only.


We may limit, suspend or withdraw the Sellers or Service Providers’ access to the Service and/or their membership of the Service in cases of intentionally defrauded Customers, in violation of this User Agreement. We may reserve the right to take such steps as it considers necessary.


Responsibilities of Our Service:


The Service is only a platform for communication and contact whereby users may meet and interact with one another for the purpose of the sale and purchase of products and services. The Service does not buy or sell products or services. The Service is not and cannot be a party to or control in any manner any transaction between two users of the Service, and cannot guarantee that Customers, Sellers or Service Providers will complete a transaction or accept the return of a products or service, or provide any refund for the same. You agree that you will not hold us responsible for other users' information, contents, actions/inactions, products or services that are listed or posed on our Service, in particular:


1. We are not responsible for any non-performance or breach of any contract entered into between users and does not transfer legal ownership of services from the Sellers or Service Providers to Customers. The contract for sale of any product or service shall be strictly bipartite contract between the Sellers or Service Providers and the Customers. At no time shall any right, title or interest over any product or service vest with us, nor shall we have any obligations or liabilities in respect of such products, services, or contracts between the Customers and Sellers or Service Providers.


2. We are not responsible for unsatisfactory or delayed performance of Sellers or Service Providers, or losses, damages, or delays that are resulted by Sellers or Service Providers.


3. We are not required to mediate or resolve any dispute or disagreement between Customers and Sellers or Service Providers.


4. We have no control over and does not guarantee the quality, safety or legality of products and services that are advertised on our Service, the truth or accuracy of information, contents, or listing of products or services, the ability of Sellers or Service Providers to developer products or services to Customers, or the ability of Customers to pay for received products or services.


5. We do not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any users in our Service.


6. We do not make any representation or warranty as to the attributes (including but not limited to quality, worth or marketability) of the products or services that are sold or purchased on our Service.


7. We do not implicitly or explicitly support or endorse the sale or purchase of any product or service on our Service, nor we are supplier of any product or service that is sold by Sellers or Service Providers to Customers on our Service.


8. The Service may include links to third party websites that are controlled by and maintained by others. We cannot accept any responsibility for the information, contents, products and services, links that are featured on such websites. The Service does not endorsement of such websites, are we do not make warranty that such websites will be free of viruses, or present information and contents that are safe or not destructive in nature. Therefore, you acknowledge and agree that we are not responsible for the materials of such websites. Also you acknowledge and agree that you may not include or port any information, contents, or links in your Service user account about any third party websites when using our Service.


9. Users shall independently agree upon the manner and terms and conditions of delivery, payment, and insurance as between each other, and we hold no responsibility in respect of such arrangements.


10. We accept no liability for any errors or omissions, whether on behalf of ourselves or third parties, and we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any direct, indirect, incidental, special, or consequential damages that was resulted directly or indirectly from your use of, your inability to, or misunderstanding of the use of our Service.


No Warranty And Guarantee:


We provide the Service without any warranty or guarantee of any kind whether expressed or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. We make no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications that are provided on or through the use of our Service, or that the operation of the Service will be error free and/or uninterrupted. We make no warranty that defects will be corrected or that the Service are free of viruses or anything else which may be harmful or destructive. This is because the nature of Internet communications means that this Service may be susceptible to data corruption, interception, non-availability and delays. Also the Service may be unavailable from time to time due to repairs, maintenance or development work. You agree that we have no obligation to provide support for use of this Service, and you expressly agree that you use the Service at your own risk.


Limitation of Liabilities:


To the extent permitted by law, we, our 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 directly or indirectly resulted from or in connection with your use of our Service, this User Agreement or our Privacy Policy (including negligence or otherwise, and whether or not we have been advised of the possibility of such losses or damages).


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


Indemnity:


You agree to indemnify and hold us, our employees, agents, affiliates 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, our Privacy Policy, or your violation of any law or the rights of a third party.


Breach of User Agreement:


Without prejudice to any other rights and remedies of NITS under this User Agreement or at law or otherwise, we may immediately and without liability: limit your activity, end your listings of products and services, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Service when:


1. You breach this User Agreement, or our Privacy Policy.


2. We are unable to verify or authenticate any information you have provided.


3. We believe (in our sole discretion) that your actions may cause legal liability for you, other users, us, our employees, agents, affiliates, or suppliers.


We may at any time (at our 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 the Service in any manner whatsoever, until such time that such user is reinstated by us.


Without limiting the foregoing, if you breach this User Agreement and/or our Privacy Policy, we reserve the right to recover any amounts due and owing by you to us for any losses and damages caused by you to the Service, and further take legal steps, including the initiation of criminal proceedings against you when we (in own sole discretion) believe it deems necessary.


Our failure to act with respect to a breach by you or others does not constitute a waiver of our right to take any actions against you for that breach, or subsequent or similar breaches. We do not guarantee that we will take action against all breaches that there may be of this User Agreement and/or our Privacy Policy.


Without prejudice to any other rights and remedies of NITS under this User Agreement or at law or otherwise, we may limit, suspend or withdraw your membership and/or your access to the Service at any time, without notice, for any reason, including without limitation, breach of this User Agreement and/or our Privacy Policy.


Communication of Notice:


None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and us, and you shall have no authority to bind us in any manner whatsoever. Except as explicitly stated otherwise, any notices to us from you shall be given by you in form of email to us at support@sheghardy.com, and such notice deemed given confirmation of our receipt to yours by a return email from us within (30) business days. Any notices to you from us shall be given by email from us to the email address that you have provided during the registration process, and shall be deemed to be received by you (48) hours after such email is sent. Business days are the official working days in the State on Kuwait, which may include days from Sunday through Thursday, and do not include Fridays and public holidays of the State of Kuwait.


Disputes to User Agreement:


If any dispute, claim, controversy, or difference (including any tortious or statutory claim) arises out of, in connection with, or in relation to this User Agreement ("Dispute"), including without limitation any question regarding the formation, existence, scope, performance, interpretation, validity, or termination of this User Agreement, any clause in this User Agreement, 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 such Dispute through good-faith negotiations over a period of thirty (90) business days, commencing on the date of sending our confirmation in response to your written notice of the Dispute.


In the event that a Dispute has not been settled amicably by the parties by the end of such period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitrations of the court of justice in the State of Kuwait. The seat or legal place of the arbitration shall in the State of Kuwait, and the arbitration proceedings shall be conducted in the Arabic language, and the award shall be in Arabic as well.


Transfer of Rights and Obligations:


You hereby grant us the right to, and irrevocably acknowledge and agree that we may at any time transfer all or any part of the rights, benefits, obligations or liabilities (whether expressed or assumed) under this User Agreement to any of our affiliates, without requiring your further specific agreement. We agree to use all reasonable endeavors to provide notice to you of such transfer. You may not at any time, without the prior written consent of us, transfer all or any part of your rights, benefits, obligations or liabilities (whether expressed or assumed) under this User Agreement without the prior written consent of us.


Governing Law:


This User Agreement is construed in accordance with and governed by the law of the State of Kuwait. If this User Agreement is translated into any language other than Arabic, then in the court of justice, the Arabic text shall prevail.


This clause will survive any expiry or cancellation of this User Agreement for any reason.


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 us 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.


User Feedback:


The Service seeks to gain the satisfaction of users, whether you are Customer, Seller, or Service Provider. Therefore, it is important to know your opinions to assess our Service. As such, please share your feedback about the Service by contacting us at email: support@sheghardy.com.

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