USER AGREEMENT

 

IMPORTANT – PLEASE READ THE FOLLOWING CAREFULLY

The website “www.helloexplorer.com” is a website and an electronic application that provides “touristic travel services”, which is a service that allows tourism and travel companies, whether being travel and tourism companies or travel and tourism providers who are subscribed to the website, to announce offers and touristic trips and travel, marketing, selling or offering their products or services to “HelloExplorer” users. “HelloExplorer” also allows users to search, compare and book online and facilitate the payment service through “HelloExplorer”. “HelloExplorer” also provides users with all advice related to travel and tourism.

 

Article 1 – Usage Agreement – Adoption of the Agreement

In order to become a member of “www.helloexplorer.com” on the internet and electronic application and to benefit from the services it provides, it requires that you fill in the attached electronic registration form that includes all of your required data, and adhere and pledge to adhere to the provisions of the User Agreement with restriction and commitment to the terms and conditions related to any services you wish to use in “HelloExplorer”. Your use of “HelloExplorer” which is owned and operated by the First Party is an express acknowledgement of your understanding of the content, the terms and conditions of use and of disclaimers and is an acceptance to the terms mentioned below.

Furthermore, you acknowledge your understanding that the services provided in “HelloExplorer” are for your personal use and you may not use them for commercial purposes. In addition, you acknowledge that the legal relationship that arises from benefiting from the services provided by subscribers, whether they are travel and tourism companies or travel providers through “HelloExplorer”, is subject to conditions and additional provisions that are clarified and indicated in their announced advertisements and that before submitting any request to benefit from any announced offer or benefit from any service provided, you must see these additional terms and conditions. Once you submit the application, you have explicitly accepted to enter into a legally binding agreement with the subscriber in addition to the legal implications, resulting rights, commitments and terms and conditions of this Agreement.

 

You also acknowledge by clicking on the (OK/Agree/Accept) button you expressly consent to enter into the user Agreement without restriction or conditions, which is a legally binding Agreement, and you acknowledge and agree to waive any rights or requirements stipulated by any laws or regulations in any jurisdiction that requires the presence of an original “non-electronic” signature within the scope of what is required by the mandatory applicable law.

You also acknowledge that we are entitled to amend this Agreement from time to time without prior notice to you, and the latest version of this Agreement will be published through the website/ application and you should review it before using “HelloExplorer”.

 

Article 2 – Definitions

Wherever the terms and words stated below are mentioned in this Agreement, they are intended to have the corresponding meaning unless the Agreement expressly states otherwise or required by the text or phrase formulation:

  1. First Party: Fatima Al Matar Tourism Consultancy Company – One Person Company.

  2. User/ Customer: meaning you, as a User and a member of “HelloExplorer”.

  3. Agreement: meaning this User Agreement, which may be renewed, changed and/or amended from time to time.

  4. Effective Date: It is the date on which the terms of this Agreement come into effect, starting from its commencement, by clicking on the (I Agree) button, as previously mentioned.

  5. Website/ Site/ HelloExplorer: meaning the website www.helloexplorer.com and the application, through which the tour service is provided.

  6. Touristic Services: meaning the services provided by travel and tourism companies or providers/coordinators of individual/group travel trips to users through “HelloExplorer”, in addition to the tourism advisory service provided by the site.

  7. Subscribers/ Service Providers: meaning travel and tourism companies, travel providers or coordinators.

  8. User Account: meaning the account you create upon entering into the user Agreement and the password that you create for your use of the website “HelloExplorer”.

  9. Available Balance: the sum of the cash that you are allowed to withdraw – if available – from your HelloExplorer account and transfer it to you bank account, or that can be used to purchase products or obtain services provided by HelloExplorer.

  10. Bank: means Kuwaiti banks, branches of Gulf and Foreign banks in the State of Kuwait, and European and American Foreign banks.

  11. Bank Card: means Visa, Master Card, or ATM cards issued by Kuwaiti banks and branches of Gulf and Foreign banks in the State of Kuwait.

  12. Card Holder: means the individual whose name is identified on a valid card and any user approved for that card by the bank.

  13. Order: mean the user expresses his desire to obtain a service from the services provided by “HelloExplorer”, and a separate request must be submitted for each service the user wishes to obtain or benefit from.

  14. Acceptance of the Order: means the service provider agrees to provide the service that the user requested.

  15. Transaction: in this Agreement means any payment made for the services offered by “HelloExplorer” which is made by the User through the electronic payment gateway via the Internet.

  16. Executing the Transaction: means any user payment that is actually performed.

  17. Valid Transaction: means transactions that are executed correctly through a valid card and executed by the user or transactions executed by the user from the balance of his account with “HelloExplorer”.

 

Article 3 – Create an Account

  1. You must be at least 21 years of age and provide accurate and precise information (including name, date of birth, civil ID number and email address) as required during the account creation process and as dictated by the laws, and if your age is less that 21 years you must obtain a consent from your guardian, and that you are supervised directly by your parent when using the site. Your guardian must read this Agreement and agree to it before using the site, and we have the right to perform further checks to confirm your age, if we are unable to verify that you are over 21 years of age and have not been provided with evidence of your guardian’s approval, we will close and cancel your account at our sole discretion and without the slightest liability to us.

  2. Once the User Agreement is approved, you become a “User”, and you will choose a “username” and a “password” determined by you. The username is limited to the use of the member alone, and it is not possible to create an account with a username that is used by another member. The password can be changed by at any time by the User and the User is obligated to protect the “password” without the slightest responsibility on the First Party for any uses of the username or password by any third party.

  3. It is not permitted to create more than one “user account” for the same person.

  4. The account can only be used by entering the username and password to “log in” on the site, and you must keep your password strictly confidential at all times and not to disclose it to any third party, including any affiliate of the First Party. You also acknowledge your responsibility for all activities and requests that occur or that are submitted through your account, and in the event that your account is used by any third party, you must immediately contact the First Party.

  5. When using the site, you guarantee that all your personal data and information provided by you are correct, accurate and valid, and that you will notify us immediately of any change or modification of your personal information by updating your membership information on the site by contacting us.

  6. The site may not be used for any unlawful or unauthorized purpose.

  7. You acknowledge your understanding and expressly agree that the First Party or the site discloses to the participating service providers about the username or any personal information including the real username, address, phone number and any documents provided by you to submit the application, and upon acceptance of your request, you must provide us with any additional documents required by the trip provider so that we can provide them with the documents required to complete the transaction.

  8. The terms and conditions of this Agreement govern all transactions that start from the effective date.

 

Article 4 – The scope and nature of services and the methods of providing them

  1. Through “HelloExplorer”, travel and tourism companies, whether they are travel and tourism companies or travel providers involved with the site; announce travel packages, touristic trips and travels, promote them, sell them or offer their products or services to “HelloExplorer” users; and “HelloExplorer” also allows users to discover, search, compare, make an order, book online, buy or pay.

  2. Using the service provided by the site or benefiting from it, you enter into a direct relationship (legally binding) with the service provider who makes the reservation or provides a service (depending on the possibility).

  3. Through the site, you will be able to view all advertisements and offers submitted by the participating service providers and when you choose an offer or service that you with to purchase, you will submit the application.

  4. The service provider will, within a maximum 72 hours of submitting the application, respond to notify the acceptance or rejection of the request. You are not entitled to protest, object or claim any compensation or expenses as a result.

  5. Once the request is submitted by you, we at “HelloExplorer” act as an intermediary only between you and the trip provider and upon acceptance of your request from the service provider, we will send you an email and further communication will be made between you and the service provider, and then pay the fees and confirm the execution of the transaction. The service provider will provide you with all the offer’s contents and documents – if available – the relevant details and deliver them to you on time.

  6. In the event that you wish to amend your request before, after or during the acceptance of the request or the execution of the transaction, this must be done through “HelloExplorer” and in accordance with the terms and conditions related to the amendment, whether by cancellation or addition, specific to each request separately, and you solely bear all the legal consequences of violating this.

  7. Failure to attend on the dates specified by the trip provider is considered as an explicit acknowledgement by you to cancel your request and it shall have all legal effects related to canceling the transaction after its execution.

  8. “HelloExplorer” directly provides a tourist advisory service, which is limited to providing options and objective evaluation of a tourist trip that the user wishes to take, and the costs of these consultations are paid directly to the First Party, and the value of these consultations is considered an acquired right of the First Party, and the User is not entitled to recover them under any circumstances and for any reason.

 

Article 5 – Price and payment methods

  1. The offers and services provided by the subscribing service providers include the prices of basic products and services and the tax; for example but not limited to value added, sales tax and other taxes (taxes subject to change), fees for any governmental or private third parties, and in the event that the price does not include taxes, you will be notified of them and obtain approval by e-mail before the order is confirmed and the transaction is executed.

  2. Amendment to the order by addition or cancellation in the event that the offer includes the possibility of that, then this is subject to the terms and conditions of the offer or service, which may include the payment of amendment fees, whether by cancellation or addition.

  3. The value of the product or service is paid through the bank card. The banking transaction will be executed through the site as an intermediary between the User and the service provider through the electronic payment gateway provided by the site, and the User acknowledges his understanding that the electronic payment gateway service has been provided directly by the First Party or through any third party.

  4. Acceptance of credit cards, prepaid cards or Knet used for payment is subject to the terms and conditions of payment through the electronic payment gateway on the site, and the User has no right to object to this, and the ownership of the card must belong to the User, and in case the ownership of the card belongs to another person, the User must not use it illegally and without the knowledge and consent of the cardholder.

  5. The User is completely responsible for executing the banking transaction using the bank card without any liability on the First Party.

  6. Our role is limited to facilitating the payment process, and accordingly you agree and acknowledge that the trip provider is responsible at all times for the collection, transfer, reservation or payment of applicable taxes due on the total amount of the service price or fees to the relevant tax authorities, without any liability on the First Party.

 

Article 6 – Cancellation of the order or cancellation of the transaction

  1. You have the right to cancel the request without charge within 24 hours of submitting the request on the site, provided that no approval or acceptance of the request is issued by the service provider.

  2. The First Party and/or the service provider has the right to cancel your request in the event that it includes incorrect information. The assessment of whether the information is correct or not is the discretion of the First Party and/or the service provider. It suffices to question the validity of the information as a reason to cancel the request without your right to object to that or refer to the First Party and/or the service provider for compensation as a result.

  3. The service provider has the right to cancel the request after you have received the acceptance and confirmation letter or after or before the transaction is executed for whatever reason, and we will notify you immediately of any cancellation, and you are not entitled to object to that or to refer to the First Party for compensation as a result, and this is your explicit acknowledgement of your acceptance of this, provided that all amounts paid by you are refunded.

  4. In the event of any disasters that prevent the conduct/ completion/ continuation of the trip, or circumstances arise that threaten the safety of the User, the service provider or his related persons in the event of carrying out/ completing/ continuing the trip and as a result the trip was canceled or terminated and return prematurely; as specified the refund in this event is subject to the terms and conditions of the offer or service provided by the trip provider, and the trip providers undertake to refund most of the amount according to the time of canceling or ending the trip before the specified date, and what has been spent from it, and you must read the terms and conditions of the offer or service provided in relation to such circumstances. In all cases, the First Party does not bear any responsibility that may arise as a result of that.

  5. Your cancelation of the request after receiving the acceptance and confirmation letter or after or before the execution of the transaction for any reason whatsoever after the time specified in paragraph 5.1 set forth above is subject to the terms and conditions of the offer or service provided by the trip provider regarding the cancellation of the request/transaction, and the First Party does not bear any responsibility for any dispute that may arise from the terms and conditions of cancellation of the service providers.

 

Article 7 – Refunds

  1. The User has the right to recover full amounts paid by him by the bank card in the event that the order or transaction is canceled in accordance with Article 6.3, and the amount will be refunded through a bank transfer to the User’s bank account.

  2. It is known to the User that the process of refunding the amount to his account through the payment gateway of the bank card takes a period ranging between 7-15 working days, and in the event of any delay in crediting the amount to the User’s account, the User must follow up with the bank directly and the User will be notified by email which contains an attachment from a copy of the refund notice as a reference in case the User wishes to review with the bank.

  3. The User explicitly agrees and expressly accepts that he is not entitled to recover any sums he has paid in the event that he cancels the request after receiving the acceptance and confirmation letter or after or before the transaction is executed for any reason after the time specified in Article 5.1 set forth above, unless the terms and conditions of the offer or the service provided by the trip provider allows refunding the amount or any part of it, and in all cases the First Party does not bear any responsibility for any dispute that may arise from the terms and conditions of service provider’s cancellation policy.

 

Article 8 – User Obligations/ User Responsibility

  1. This Agreement grants you a limited, non-sub-licensable and non-transferable license to take advantage of the services provided by HelloExplorer.

  2. The User, in his capacity as a natural person, acknowledges that all the data and information provided by him are correct, accurate and valid, and he alone bears the legal responsibility for violating this. The User also bears any losses incurred by the First Party, service providers, or any third party that may arise from any wrong information or other insufficient information.

  3. Not to record data, phrases or pseudonyms that violate regulations, public morals, public behavior, laws and regulations.

  4. According to this Agreement, the User expressly agrees to be responsible for his use of this site, and the First Party and its employees and those in charge of it and its agents do not bear any responsibility as a result of that.

  5. The User acknowledges his responsibility for all comments made by him while using the website services, and the User is obligated not to send any messages that are threatening, unethical, racist or contrary to the laws of Kuwait and International Treaties/Agreements; and the First Party shall not be responsible in any way for those comments and opinions.

  6. The User acknowledges his responsibility for any unauthorized access to his account on the site in any way, and he is committed not to access the site or request any service through another User’s account without the explicit consent of the account holder.

  7. The User acknowledges his responsibility for using the site and accessing his account, as well as ensuring that all people who use the site through his internet connection and their commitment to the terms and conditions governing viewing, browsing, using or accessing the site as set forth in this Agreement.

  8. The User shall not harass and/or threaten other users, or any of the First Party’s customer service employees, or act in any way that affects the use of services by other Users, and not send, print, distribute or circulate any immoral material. Appropriate and illegal information that may cause harm to the names of any persons or institutions, or to advertise, sell or offer to sell any products or services, or participate in any harmful actions such as deleting, competition or chain letters, and not to send any information or programs that may harm the information or software on the Users’ devices, and the User is also obligated not to record and misuse any personal information belonging to others, and not to copy any website content.

  9. The User is obligated not to use the site for any commercial or advertising purposes without obtaining the prior written consent of the First Party.

  10. The User acknowledges that the First Party has the right to get all materials returned to him and receive compensation for moral damages and losses sustained by him as a result of his violation of any of the terms and conditions of this Agreement.

  11. The User shall not deal with any robot, spider, scanning tool, or deep link, or other similar automated tools to collect or extract data, programs, logarithms, or methodologies to access or obtain the “HelloExplorer” website or copy it or monitor it or any part of the “HelloExplorer” website.

 

Article 9 – Rights and obligations of the First Party

  1. The First Party may stop operating the website at any time whether temporarily or permanently.

  2. The First Party has the right to use the site for commercial and advertising purposes.

  3. The First Party does not guarantee that the site or any of the services available through it will remain without interruption, as there may be a delay or interruption in the services available through the site as a result of a technical error, and the First Party does not guarantee that the site and what it contains will not be infringed or penetrated by “Hackers” or completely prevent viruses from entering.

  4. The First Party is not responsible to the User or any third party for any direct, indirect, special or consequential losses, or damages of any kind; and the First Party is not responsible for any delay or failure in the implementation of requests and transactions in case the reasons are due to the User, the service provider, or any third party, or for any reason beyond the control of the First Party.

  5. In the event that the First Party stops providing electronic payment services for any reason, this is not a breach and will not affect the validity of the Agreement and its enforcement against both parties.

  6. The First Party does not guarantee that any content sent through this site is in conformity with accepted social, cultural and ethical standards, and the First Party is not responsible for the displayed materials “User posts” in the event that it violates the right of another user, service provider or any third party.

  7. The First Party has the exclusive right to correct and delete errors in any part of the site, and/or make changes to the site, materials, products, programs, services, and prices published on the site at any time without prior notice.

  8. The First Party does not have any authority to supervise, follow up, approve or guarantee the products of service providers, or any authority to bind the service provider to the laws and regulations in force, as this responsibility is held by the service provider alone, and the User must verify the information and data provided by the service provider.

  9. The First Party has the right to use programs and technologies to save some information and tack data, the number of visitors and their information, in addition to using programs for third parties such as advertisers or advertising agencies who place advertisement on the website.

  10. The First Party uses an accounting system through which all transactions are demonstrated. The data contained in the accounting system constitutes a basis that cannot be questioned, and the User declares its validity.

  11. It is permissible for the First Party to terminate this Agreement unilaterally at any time, and to cancel the User’s account at any time without the need to explain the reasons, and without the User’s entitlement to approach the First Party for compensation or any claims or expenses whatever the cause is.

  12. The First Party has the right to amend these terms of use at any time and without prior notice, and the User expressly acknowledges and agrees to read, accept and agree to abide by these modifications.

  13. The First Party has the right to transfer, assign or sub-contract all or part of any of its rights or obligations under these conditions or any other related contract with any third party.

 

Article 10 – Privacy

  1. The privacy policy and terms set forth in this clause are an integral part of the terms and conditions for using the website “HelloExplorer”. The First Party will not collect personal information about you when you visit the site unless you specifically choose and with your knowledge to provide this information to us by joining a membership at “HelloExplorer”, and you must read this clause carefully before submitting any information to “HelloExplorer” and you acknowledge, agree and authorize the use of your information to fulfill your request for the services provided by the site, as well as agree, consent and authorize us to use information for the purposes of advertising and promoting for trips, website, comments and/or reviews that you participate in, and accordingly by using the site, you agree to the terms of this privacy policy. This site and its workers follow a comprehensive and strict information security policy, and only authorized employees are allowed access to your information, and these employees have pledged to secure the confidentiality of this information, and the First Party takes measure it deems appropriate to protect from any loss, misuse or change of existing information. On the website, the First Party does not guarantee that the site and its contents will not be infringed or penetrated by “hackers” or completely prevent the entry of viruses, and the First Party is not legally responsible for any damage that you or any person may suffer as a result of violating the confidentiality of your information, and the First Party reserves the right to make any amendment to the terms of the privacy policy from time to time without the need to provide notice; by continuing to use the site after the modifications to the privacy policy, means your acceptance of these changes, as soon as they are uploaded to the Site, or as otherwise determined upon uploading them to the site.

  2. “HelloExplorer” will not disclose the information it keeps unless required by law in relation to a judgement enforcement request or in special cases where we have reason to believe that the disclosure of the information is necessary for identifying a person or for filing a lawsuit against him which may cause damage or interreference (intentionally or unintentionally) in our rights or property. First Party reserves the right, based on your explicit prior consent, to participate in or to disclose your registration information or other information if the First Party decides to, based on his exclusive discretion. We may also disclose the private personal information that we collect, including registration information, in order to analyze the use and improvement of the service by providing you with any notices, administrative alerts and communications related to your use of the service, for research purposes, project planning, solving problems, troubleshooting errors, fraud and other criminal activities and protecting you from them. In the event that you access and use some services through a (third party) via a URL (shared link), your information and email address used to register the service may be provided to that third party. We may also disclose private personal information with other financial service providers that we have joint marketing agreements with or that provide financial products and services to us or on our behalf by sharing this information, whereby we can provide to you with a wide range of products and services, as may from time to time, the First Party may link electronically with other parties to provide you with specific advantages for the service. Those other parties will be sharing your registration information and other information only if it is necessary and only if those other parties adhere to the privacy policy. First Party uses an advanced standard of encryption to protect the transmission of data between your browsing tool and our servers, such as your registration information, and you must log out every time you finish browsing your “HelloExplorer” account.

 

Article 11 – Intellectual property

  1. The User acknowledges that all proprietary rights in “HelloExplorer” are the exclusive property of the First Party. Nothing in this Agreement indicates the intention to transfer or grant any of the said proprietary rights to the User or any third party, that any unauthorized use of intellectual property rights is a violation of this Agreement as well as a violation of intellectual property laws, including but not limited to, proprietary rights laws in addition to copyright and trademark laws.

  2. All copyrights, trademarks and other intellectual property rights (including design), all materials, content, software, databases, functionality, software, website designs, audio, video, text, photographs and graphics, all graphics, logos, designs, page headers and icons are trademarks registered in Kuwait and/or other countries will always remain the property of the First Party or whoever grants it licenses and is subject to copyright and other intellectual property rights in the State of Kuwait and international treaties in this regard. It is not permissible to use these marks or part of them in any way that may cause harm to other Users or any third party.

 

Article 12 – Responsibility

  1. The First Party will not be responsible for any damages that may arise as a result of any third party’s access to the data belonging to any User for any reason whatsoever.

  2. The First Party does not guarantee that the site or any of the services or products available through it will remain uninterrupted, as there may be a delay, interruption, and/or inaccuracy in the materials or services available through the “HelloExplorer” website as a result of a technical error.

  3. The First Party does not guarantee that the “HelloExplorer” website and its contents will not be infringed or penetrated by “hackers” or completely prevent the entry of viruses.

  4. The First Party undertakes to take reasonable steps to ensure the preservation of the service line and the security of the “HelloExplorer” website and protect it from viruses and infringements.

  5. The First Party is obligated to fix faults as soon as they occur.

  6. The First Party is not responsible to the User or any third party for any direct, indirect, special or consequential losses, or damages of any kind, and the First Party is not responsible for any delay or failure in the implementation or delivery of requests or transactions or otherwise, for any reason whatsoever.

  7. The First Party is not responsible to the User or any third party for what he writes or any third party for what he writes or publishes in a blog, chat room, or other places on the “website/HelloExplorer”. The First Party has the right to refuse to post comments, cancel them or delete them immediately if they contain an offensive/ pornographic tone/ racism/ hate language/ religion/ race/ gender/ age/ marital statues/ physical or intellectual disability/ any content that has implications or signs that violate the traditions of society, or calls for an illegal approach/ conflict of interest/ allegations related to violating health laws/ comments that reflects outdated information that is not effective or unrelated to the subscriber’s service evaluation.

  8. The User acknowledges his knowledge that the “HelloExplorer website” may be interrupted from time to time for any of several reasons, including but not limited to, equipment failure, periodic update, maintenance or repair, or other measures that the First Party may choose to take at its sole discretion. The First Party is not always able to anticipate or predict technical difficulties or other difficulties that may lead to failure to obtain data or loss of data, or background designed on personal specifications, or other forms of interruption in service, and the First Party shall not assume responsibility for the exact dates, accuracy, deletion, non-delivery or failure to store any information, communications or backgrounds designed on the User’s personal specifications. For example, when viewed through the service, account information is only current as on the date it was displayed. You can update your account information through the service, in the manner described in the relevant instructions.

  9. In the event of a request to cancel the account and to delete the data is submitted upon the User’s request, the User’s information will be permanently deleted from the main computer servers of the First Party and it will not be possible afterwards to access the User’s account, and the First Party will cut off any link that he had created as a result of User’s registration on the “Website/ HelloExplorer”, however, parts of the User’s information may remain on the computer servers of the First Party indefinitely. The User’s data may also remain on a backup server or intermediary. The First Party maintains this backup data to ensure its continuous ability to provide service to the User in the event of a breakdown or damage occurs to the main production servers with the First Party.

  10. The User is not entitled to claim compensation from the First Party for any losses or damages arising from the use of the services provided by “HelloExplorer”, and he is not entitled to any recourse against the First Party, its subsidiaries and associates, its agents, officials, directors, employees, or any third party associated with the use of the site “HelloExplorer.

  11. The information provided through the website “HelloExplorer” is “provided as is” and all warranties, whether explicit or implicit, are void (including without limitation, waiving any implied guarantees of suitability for a specific purpose). Information and services may contain worms, bugs, problems, other issues that may limit their effectiveness. We or the third parties providing the service do not bear any liability of any kinds, including but not limited to liability arising from any direct, indirect, incidental or consequential damage (including damages resulting from business loss, loss of profit, litigation or similar) whether as a result of breach of contract, breach of guarantees or damage (including negligence and default), etc., even if we know of its possibility. The denial of liability for damage stipulated above is a key element in the agreement between us. The service or information will not be provided without being bound by the above-mentioned limits of liability. Any information obtained, whether in writing or orally, through the website, does not constitute any guarantee, warranty or commitment unless it is expressly stated in this Agreement. Any liability for any damage caused by viruses in the electronic file that contains the form or document is null and void. We shall not be liable to you for any incidental, special or consequential damage of any kind as a result of your use or your inability to use the site.

  12. “HelloExplorer” does not grade the products or services offered on “HelloExplorer” by stars – if available – and does not review them or based on opinions of service providers, regardless of the objective criteria.

  13. “HelloExplorer” may invite users who are benefited from any service to evaluate it, and each evaluation will be shown for a limited period not exceeding (36 months) after publication. The default arrangement for evaluations will be according to the date of submission and according to some additional criteria determined by the First Party, and the First Party reserves the right to adjust, reject or remove the ratings at its own discretion in case it violates the “HelloExplorer” ratings policy or harms the First Party according to its absolute discretion without the User’s right to object.

  14. In the event that you upload the images to our system, you acknowledge and agree that you own the copyright to these images and accordingly you grant us an unconditional right to use “HelloExplorer” for the images uploaded by you to the site in promotional materials and publications on (Internet/ etc.) and display them, and reproduce, modify and re-display them in a way we see fit according to our absolute discretion. The User also acknowledges that he bears criminal and civil legal liability and any claim by any third party as a result of the use and publication of these images by the user or “HelloExplorer” as mentioned in this clause without any liability on us.

 

Article 13 – Compensation

In addition to the provisions contained in this Agreement regarding compensation, the User expressly agrees to compensate the First Party against all expenses, costs, damages and obligations that the First Party incurs directly or indirectly as a result of the following:

  1. The User violates or does not fully comply with any of the terms and conditions of this Agreement.

  2. The User’s violation of the laws and regulations in force in the State of Kuwait.

  3. Any claim submitted by any service provider or third party arising as a result of fraud or deception by the User.

  4. Any damages that may be cause to the First Party for reasons related to the User.

 

Article 14 – Legal disclaimer of undertakings and guarantees

The content and all services and products associated with the “HelloExplorer” website are provided to you on the basis of their “current status” or “as available”, and the information disclosed or announced is based on information provided to us by the travel providers on this. As such, the travel providers are the ones who market and display their trips on the “HelloExplorer” website, they are granted permission to access our systems and the extranet and through that they are fully responsible for updating all prices/ fees, availability, policies, conditions and other related information that it is displayed on “HelloExplorer”. Although we shall use our skills and diligence to perform the procedures for providing services through “HelloExplorer”, we will not verify, and we cannot guarantee all the information whether it is accurate, complete or correct, and we will not be responsible for any errors (including graphic and typographical errors), and we are also not responsible for any interruption (whether due to any breakdown, repair, upgrade or maintenance of our platform (temporary and/or partial) or otherwise), inaccurate, misleading, incorrect or non-delivered information. Each trip provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including rates/fees, polices, conditions and availability) shown on “HelloExplorer”, and it does not constitute and should not be construed as a recommendation or endorsement by “HelloExplorer” of the quality, level of service, qualification, or ratings (stars), of the type of accommodation of any available tour provider (or its facilities, location, vehicles, products (main or supplementary) or its services) except for as expressly indicated or otherwise provided.

The website “HelloExplorer” does not make any representations or guarantees of any kind, whether express or implied, regarding the content or operation of the “HelloExplorer” website, and accordingly you expressly acknowledge and agree that your use of the “HelloExplorer” website involves risks and is exclusively borne by you without any liability on the First Party; and “HelloExplorer” website does not make any representations or warranties or guarantees, whether explicit or implicit, regarding the accuracy, reliability or completeness of the content on the “HelloExplorer” website, whether the content is provided by “HelloExplorer” website or any third party; and the First Party legally disclaims any guarantees of non-infringement or suitability, and the First Party and/or “HelloExplorer” website does not make any undertakings, guarantees or warranties that the content does not include any viruses or any routine codes or procedures related to computer programing that contain contaminating or destructive features or that are intended to destroy or covertly intercept or dispossess any system, data or personal information.

 

Article 15 – Usage information and what you should know about “cookies” and logging out

When you use the “HelloExplorer” website, we may collect technical and research information, such as the type of your browsing tool on your computer, the IP address, the pages visited, and the average time spent on our site. This information may be used, for example, to alert you to issues related to operating software compatibility or that may be analyzed to improve our website design, performance and functionality.

“Cookies” are small amounts of data that a website can send to your web browser and store on your computer. Cookies do not contain personal information about you (unless specifically intended). You can notice the cookies that were used by the browser to visit certain websites, pages or advertisements on a certain date, we use cookies to enhance the navigation and functionality of the website. If you access your account online, secure cookies are sometimes used to verify your identity and to customize aspects of your experience on our website.

 

Article 16 – Force Majeure

Neither party shall be responsible for any delay in the performance of its obligations in the event that the delay results from circumstances beyond its reasonable control, including but not limited to fate, strikes, work stoppage or any labor disturbances, actions of the public enemy, wars, sieges, rebellions, riots, epidemics, landslides, earthquakes, fire, storms and floods, civil unrest, terrorism, government regulations and directives, and any other reason out of the control of any party claiming to stop and after exercising all due effort this party was unable to prevent it.

 

Article 17 – Addresses

The address specified by the User in his account is considered a chosen legal residence related to all legal actions related to this Agreement. All official and judicial correspondence and announcements directed to User by the First Party at this address are correct and constructive for their legal effects.

 

Article 18 – Jurisdiction and governing law

  1. Any dispute or disagreement that arises between the First Party and the User regarding its interpretation or implementation, it will be resolved by friendly means by both parties and in the event that the friendly endeavors to resolve the dispute fails, then resort to the courts is acceptable.

  2. The jurisdiction of the Kuwaiti judiciary takes place in consideration and application of any dispute, and Kuwaiti law is applied.

  3. In the event that any of the conditions of this Agreement is invalidated by a final judgement, this does not affect the validity or viability of the remaining other conditions, and the refusal or failure to exercise any powers, rights or compensation under these terms does not constitute a waiver from the First Party regarding it.

  4. This Agreement is written in the Arabic language and the English language, and in the event that there is a conflict of meaning or content between the Arabic and English text, the Arabic text shall prevail.