General Terms & Conditions

These Terms and Conditions outlined below form the basis of the mutual relationship between you, the platform user, referred to in these terms as (“the user,” “the subscriber,” “you,” or or similar terms), and Us, referred to in these terms as “the company,” “the platform,” “Shopward,” “Shopward Company,” “we,” or or similar terms. You acknowledge that this Agreement sets forth the terms and conditions for your use of our platform.

Definitions

In this Agreement, unless the context requires otherwise, the following terms shall have the meanings specified below:

Agreement: This comprises these general terms and conditions, alongside the Subscriber Agreement, Third-Party Service Terms, Privacy Policy, Tap Payments Company Terms and Conditions, and its Privacy Policy, forming the complete agreement.

Platform/Company: Shopward for Advertising and Publishing W.L.L / Mohammed Al-Ansari & Partner.

User: Any individual visiting and using the Platform and its services, including those subscribing to Platform packages.

Subscriber: Any User subscribed to one of the Platform’s packages, who owns the online store.

End Consumer: A user of the Subscriber’s online store who has purchased a product, service, or any item displayed in the online store.

Online Store: The website created for the Subscriber upon subscribing to the designated package.

Package: Subscription packages offered on the Platform, for example packages  for retail sales or reservations and appointments.

Content: Information, data, text, images, videos, or any other materials provided or displayed on the Platform, published by the Subscriber on their online store.

Preamble

  • By using our Platform, you fully accept this Agreement; accordingly, if you do not agree to this Agreement or any part thereof, you may contact our Platform administration or refrain from using our Platform.
  • If you register on our Platform, or provide or offer any service through our Platform, or by using any of our Platform services, we will require your explicit consent to these Terms and Conditions and any subsequent amendments.
  • Our Platform uses cookies, and by using our Platform or agreeing to this agreement or these Terms and Conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy.
  • Your acceptance of these Terms and Conditions constitutes an authorized electronic signature, registered in our electronic system, and affirms the validity of this Agreement, in accordance with the provisions of Law No. 20/2014 concerning electronic transactions.

Services

  • The Platform offers various services to Users and Subscribers, including:
  • Providing an online store, whether for retail sales or for reservations and appointments.
  • Offering order delivery services through a third party, in addition to a delivery tracking system.
  • Providing order storage services in coordination with a third party, if available.
  • Offering consultations in the field of entrepreneurship and related areas.

Account and Online Store  creation on the Platform

  • To be eligible to create an Online Store and a personal account on the platform, you must be at least 18 years old. 
  • You are not required to register to use the Platform. However, depending on your method of use, we may require you to register to continue using the Platform, and registration will be necessary to access many of the Platform’s services.  
  • To register on the Platform and create an account, you must purchase one of the Platform’s packages or services. Upon payment, a link will be sent to your email to set your password, which will be used to log in to your online store.
  • You may request a “Shopward Trial” by completing and submitting a request form on the Platform. After submitting the request, the Shopward team will contact you to schedule a meeting to discuss your project details and present solutions and suggestions from Shopward’s experts.
  • You must not allow any other person to use your account to access the Platform.
  • You must notify us in writing immediately if you become aware of any unauthorized use of your account.
  • Our privacy policy is applied in regards to your personal data you provide on our platform.
  • If you forget your password, please use the ‘Forgot Password’ feature on the login page and follow the provided instructions.
  • The information you provide in the registration form must be correct and accurate, and we have the right to refuse to provide any services and limit or deny your use of the platform or prevent access if abuse is detected or if there is suspicion of providing incorrect information, without providing reasons.

  License of use:

  • You may:
  • Display pages from our platform.
  • Download content from our platform for temporary storage.
  • Use our platform’s services, subject to these terms and conditions.
  • Except as expressly permitted in these terms and conditions, you must not download any content from our Platform or save any such content to your device.
  • You may only use our Platform for your personal use and must not use our platform for any other purposes.
  • Except as expressly permitted under these terms and conditions, you must not modify or alter any content owned by Shopward and related to our Platform.
  • We reserve the right to restrict access to some areas of our Platform, or our entire Platform, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Platform.

 Acceptable Use

  • It is forbidden for you to:
  1. Use our platform in any way or take any action that causes, or may cause, damage to the platform or impairs the performance, availability, or accessibility of the platform including but not limited to:
  • Use any type of electronic spiders, viruses, worms, Trojan-horse, time bombs or any other codes or instructions that are designed to distort, delete, damage or disassemble the Platform or the communication system or any affiliated systems.
  • Access or interact with our platform in any other way using any robot, spider, or other automated means.
  1. Use our platform in any unlawful, fraudulent, or harmful manner or in connection with any unlawful, fraudulent, or harmful purpose or activity.
  2.  Engage in any systematic or automated data collection activities including, without limitation, (scraping, data mining, data extraction, and data collecting) on or in relation to our platform without our express written consent.
  3. Use data collected from our platform for any direct marketing activity including, without limitation, (email marketing, SMS marketing, telephone marketing, and direct mail).
  4.  Use data collected from our platform to contact individuals, companies, or other persons or entities
  5.    Use our platform to copy, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other harmful computer software or mobile device software.
  6.   perform abusive business practices.

Breach of these terms and conditions:

  • Without prejudice to any other rights, we may have under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: 
  1. Issue one or more formal warnings to you.
  2. Temporarily suspend your access to our Platform.
  3. Permanently ban you from accessing our Platform.
  4. Block computers using your IP address from accessing our Platform;
  5. Complain to CITRA to block or remove your access to our platform; 
  6. Initiate legal action against you, whether for breach of T&C or otherwise;
  7. Suspend or delete your account on our Platform.
  • We shall not be liable for any consequences arising from our exercise of these rights, and we may not restore your account until we receive confirmation from you, in a manner we deem acceptable, that no further breaches of these terms and conditions will occur.
  • If we suspend or restrict your access to our platform or any part of our platform, you must not take any action to circumvent such suspension, restriction, or ban including, but not limited to (creating and/or using a different account). 

Intellectual Property

  • This Platform is owned by Shopward for Advertising and Publishing W.L.L., which holds the copyright and other intellectual property rights for all materials and information displayed on this Platform.
  • All copyrights and other intellectual property rights on our Platform and its content are reserved.

Shopward Subscriber Packages

  • Shopward for Advertising and Publishing W.L.L. offers the following  packages:

Retail Packages

The retail packages are offered in different levels as follows:

  • Starter
  • Business
  • Business Plus

 Booking and Appointment Packages:

  • Booking Lite
  • Booking Pro

Retail and Booking Packages

  • The Platform offers a variety of monthly and annual packages with different features for retail and booking purposes. Upon subscribing to a package, an online store is provided to the Subscriber, along with maintenance and technical support services for the online store. Additionally, Subscribers to the online store packages may purchase or subscribe to certain add-ons not included in the package and add them to their online store.
  • If you wish to subscribe to an online store package, you must agree to its Subscription Agreement, and the associated terms and conditions will apply, along with the Third-Party Service Terms and the terms outlined in this Agreement.
  • The User selects the appropriate package level to transition from User to Subscriber; however, retail packages differ from booking packages in certain services. Additionally, the Subscriber may contract with Shopward for Advertising and Publishing W.L.L. for delivery and storage services (if available), subject to the specific terms and conditions detailed under “Third-Party Services.”

Additional Features for Retail Package Subscribers  

A key distinction of the retail package compared to the booking and appointment package is that it includes the option to add available shipping and delivery methods for the end consumer, along with a delivery management system that the Subscriber operates to receive and organize orders from online store users. In addition, Shopward for Advertising and Publishing W.L.L. offers delivery services for goods and products displayed on the online store through a third party, upon request by the Subscriber. If the Subscriber wishes to engage with Shopward for delivery services, they may indicate this by sending an email to the Platform or by submitting a request through the ticketing system, and the following terms, along with the “Third-Party Service Terms,” apply to ensure smooth delivery operations:

  1. The Subscriber acknowledges that Shopward for Advertising and Publishing W.L.L. acts solely as an intermediary between the Subscriber and a third party (delivery or shipping company); Shopward does not conduct the deliveries itself.
  2. The Subscriber authorizes Shopward to coordinate with a third party for product delivery by sending an email to Shopward or submitting a request through the ticketing system available on the Platform, expressing their intent to contract for third-party delivery services.
  3. Shopward disclaims any responsibility for guaranteeing the delivery of orders on time, in a specific condition. The Company assumes no legal or financial liability for any delays in delivery, damage to goods, or failure of delivery to the end consumer.
  4. The Subscriber is responsible for fulfilling the end consumer’s orders and responding to their inquiries and/or complaints.
  5. The Subscriber cannot request a refund of delivery fees from Shopward if the end consumer requests a return after delivery, or if the delivery company has collected the order from the Subscriber but before it reaches the end consumer.

Rights and Obligations of Shopward

    1. The Platform only manages and maintains the account technically and addresses Subscriber complaints related solely to the online store. It does not operate, market, or manage the online store, nor does it handle the store’s customer relations or complaints regarding the online store.
    2. Shopward for Advertising and Publishing W.L.L. reserves the full and absolute right to accept or reject any request to create or activate an online store for the Subscriber. Shopward may refuse to activate the online store if the required documents related to the store are not submitted, as specified in Clause 9.3.1 of these Terms and Conditions. Shopward’s management also has the right to request documents from the Subscriber at any time during the subscription period to review and validate the documents.
    3. Shopward will deliver the online store within a maximum of 10 business days. If the Subscriber does not provide the required documents within this period, the store will be delivered in an inactive form and unpublishable . In such cases, the Subscriber is not entitled to claim any compensation for potential damages or request a full or partial refund of the package fee after 10 business days from payment.
    4. The Platform reserves the right to refuse the creation or activation of the online store if the user engages in activities that violate the submitted commercial license, applicable laws, public policy, or are prohibited by Platform management. This includes, but is not limited to, activities related to sexual or pornographic content, the sale of tobacco products or smoking-related items, the sale of alcohol, or any actions that infringe upon intellectual property rights, including trademarks and copyrights of any third party.
    5. Platform’s Right to Monitor and Close the Online Store
  • We reserve the exclusive and absolute right, at our sole discretion, to review, modify, remove, or monitor the online store and any content displayed on it. This includes content that we deem inappropriate, undesirable, prohibited, infringing upon third-party rights, or not in compliance with this Agreement. We also reserve the right to block your access to the online store or the Platform, with prior notice, and to take all necessary legal measures to protect the rights of “Shopward” or any third party, with you bearing any actual attorney fees incurred, if applicable.
  • The online store account will be closed, and all legal measures will be taken against you if it is discovered that the online store is being used to engage in activities that are illegal, against public policy, or inconsistent with the approved activities of Shopward as previously mentioned, or if it is being used for activities that violate the commercial license based on which the online store and payment gateway account were created.
  • Shopward reserves the right to close the user’s account or online store if the Platform or online store is used in unlawful ways, or if there are any attempts to disable or damage the Platform or store in an unauthorized manner. This includes using the Platform for illegal, offensive, harmful, or dangerous purposes, with the user being fully liable for any damages or consequences resulting from such usage. The Subscriber has no right to claim any compensation from Shopward in the event of the online store’s closure.

Subscriber’s Rights and Obligations

  1. The Subscriber must provide all documents requested by the Platform’s management to verify the legality of the Subscriber’s business. The Subscriber may not object to providing such documents, which may include but are not limited to:( Articles of Association, valid commercial license, authorization signatory certificate, a copy of the legal representative’s civil ID, and the company’s bank account IBAN certificate).
  2. The Subscriber acknowledges that the online store is owned by Shopward, excluding the content and data added by the Subscriber, and that the Subscriber pays for the store’s continued operation. The Subscriber uses the online store solely for the agreed-upon service.
  3. The Subscriber grants Shopward the right to manage and maintain the online store as agreed, including access to sales and user data for management purposes and to ensure the continued operation of the store.
  4. The Subscriber agrees to use the account created for them by Shopward with Tap Payments as the designated payment gateway for their online store. The Subscriber cannot replace this account with another Tap Payments account, even if they have a prior account, or switch to a different payment gateway provider without prior written consent from Shopward. The Subscriber is also subject to Tap Payments’ terms & conditions, banking commission fees, and payment gateway fees as agreed upon between Tap Payments and Shopward, you can view Tap Payments Terms &conditions through the following link at (https://www.tap.company/en-kw/terms-and-conditions).
  5. The Subscriber must pay all monthly/annual subscription fees for the selected package. If there is a delay in payment, the Subscriber will receive an email reminder to the address listed in this agreement. Continued non-payment will result in the application of the “Subscription Termination” clause within the “Subscription Agreement.”
  6. The Subscriber is responsible for complying with all applicable laws, regulations, local industrial standards, and safety standards related to the preparation, sale, and marketing of their products.
  7. The Subscriber agrees to publish only lawful and personally owned content, goods, and products and must not violate third-party intellectual property rights, or the account and online store may be closed.
  8. If the Subscriber wishes to subscribe to delivery, storage, or any other service offered through a third party by Shopward, they must send an email or submit a request through the Platform’s ticketing system, which serves as authorization for Shopward to contract with the third party on their behalf.
  9. Under no circumstances shall the Subscriber be entitled to request a refund of all or part of the subscription fee after 10 business days from the payment date for the selected package, including but not limited to (cancellation of subscription, refusal to create the e-store after 10 days of payment, or non-use of the e-store).
  10. If the subscriber wishes to terminate or cancel their subscription to any selected package, or if the creation of the e-store or the submitted documents are rejected by Shopward within 10 business days from the payment date for the selected package, this agreement shall be deemed null and void without any legal effect. In such cases, the subscriber is entitled to request a refund of up to 80% of the paid package value. The refunded amount will be transferred to the subscriber’s bank account.

Intellectual Property

  1. We grant you a limited, personal, non-transferable, non-exclusive, and revocable license to access and use the platform and online store in accordance with these Terms and any additional terms and policies we adopt. All intellectual property rights—including, but not limited to, copyrights, patents, trademarks, service marks, trade names, social media account names, and designs (whether registered or unregistered)—related to the company, any database we manage, and all aspects of the platform and online store, including designs, text, graphics, software, images, video, music, sound, data, selections, arrangements, and enhancements, are our property (or that of our licensors, as applicable). You have no right to acquire or attempt to acquire ownership of these assets, and we retain full authority to take necessary action to protect our rights in this regard.
  2. As provided in Section 9.4.1, you are strictly prohibited from distributing, publishing, reproducing, copying, modifying, downloading, displaying, embedding, performing, or broadcasting any part of the platform or content, in any form or by any means, or otherwise exploiting it without our prior express written permission or the written permission of our licensor, except as permitted by applicable law.
  3. Notwithstanding the above, you may retrieve and display content from the platform on a computer or mobile screen and store an electronic copy of certain content for your personal, non-commercial use (but not on any networked storage or server). Otherwise, you may not use, distribute, publish, reproduce, copy, modify, download, display, embed, perform, or broadcast any materials, information, or content from the platform without our permission. If downloading, copying, redistributing, rebroadcasting, or republishing any protected material is permitted by law, you must attribute ownership to us and/or refrain from altering or deleting any ownership attribution, trademark notice, or proprietary rights designation. By downloading protected materials, you acknowledge that you acquire no ownership rights. Additionally, you agree not to engage in any activity outside the scope or contrary to these Terms. Any breach of these restrictions may result in violations of copyright, trademark, or other intellectual property rights, potentially subjecting you to civil or criminal liability.
  4. Ownership of any intellectual property that you submit to us for the creation of your online store on the platform, which you provide or publish, shall remain yours. However, by establishing the online store through our platform, you grant us a perpetual, royalty-free, transferable, irrevocable license to use, reproduce, create derivative works from, publish, modify, translate, distribute, display, perform, and broadcast your online store content, whether on its own or as part of other works, through any media or technology now known or later developed. We retain the right to sublicense these rights to third parties for marketing purposes without compensating you. Additionally, we may use the content for advertising, market research, idea-sharing with merchants, quality control, or other legitimate purposes without prior permission.

Consultations

  • Shopward provides consultations in various fields that support platform users in their business and ideas. These consultations are conducted by individuals with extensive experience in their fields, whether they are employees of Shopward or third parties engaged by the company. Consultations are offered to platform subscribers as specified within the features of their subscribed package, if available. Consultations may be conducted online or at the headquarters of Shopward.

Special Rules for Consultations

      1. If a user or subscriber fails to attend the consultation appointment, they are not entitled to a refund or to claim the consultation fee.
      2. If a user or subscriber is more than 15 minutes late to the consultation appointment, the appointment is considered canceled, and they are not entitled to a refund or to claim the consultation fee.
      3. In the following cases, the user or subscriber must send an email to the platform or submit a request through the ticketing system on the platform:
        1. If the user or subscriber wishes to cancel a reserved consultation appointment 24 hours before the consultation time or more, the amount paid will be refunded to their bank account within 14 business days, and they will bear any applicable transfer fees and bank charges.
        2. If the user or subscriber cancels a consultation appointment within 24 hours of the consultation time, 50% of the consultation fee will be refunded within 14 business days, and they will bear any applicable transfer fees and bank charges.
        3. If the user or subscriber wishes to reschedule the consultation appointment, they may do so only once, provided they submit the request at least 24 hours before the scheduled consultation time. No further changes or modifications to the consultation appointment will be accepted.

Disclaimer of Liability

    1. Consultations provided by Shopward are solely for advisory purposes and do not constitute binding guidance for the user or subscriber. The user or subscriber should evaluate the consultation based on their circumstances and make independent decisions.
    2. The User or Subscriber acknowledges that they have no right to seek compensation from the consultant or Shopward. in any way if the consultation does not succeed or does not reach the desired results.
    3. Shopward fully disclaims any liability for any consequences or outcomes resulting from the User or Subscriber’s reliance on the consultation. The Company is not responsible for any losses or damages the user may incur as a result of following the provided consultation.

Disclaimer of Liability

The Company, or any of its affiliates, shall not be liable for any legal claim arising from or related to your use or inability to use the Platform or the online store, or any content or data on the online store or Platform, or your inability to access or use the platform or the online store due to reasons attributable to you, including but not limited to, direct, indirect, special, incidental, consequential, or punitive damages, such as loss of revenue, profits, business, anticipated gains, or loss of use or data. You acknowledge that you will not seek compensation from us for any failure to access the online store or Platform for any reason.

Payment Methods

  • If the user chooses an electronic payment method, the payment will be processed through a service provider partnered with the Tap Payments platform. Tap Payments will retain your credit card information for processing future payments. Please note that Shopward does not store your credit card information or payment data.
  • The user is responsible for ensuring sufficient funds are available on their credit or debit card when requested. The platform will reasonably attempt to resolve any issues related to payments made through the platform, including refunds, cancellation fees, and other related matters, subject to the terms and the platform’s discretion.
    All payments will be made in Kuwaiti Dinars or your local currency, with you bearing any applicable transfer fees.When making a payment, you can choose from any available payment methods on the platform and will be directed to a secure payment page.

Taxes

The user or subscriber is responsible for paying any taxes, fees, or charges of any kind that are imposed by any governmental authority.

Confidentiality

The platform management and all platform users, including store owners, acknowledge their commitment to maintaining the confidentiality of information and data related to other users or the platform, and not to disclose it to third parties except with the written consent of the other user or the platform, or as required by law. They shall make their best efforts to protect such information and notify other users or the platform management if they become aware of any disclosure, or if required by judicial authorities.

 Modifications

  • We may review and amend these terms and conditions from time to time at our sole discretion.
  • By using the platform, you agree to these terms and conditions and any amendments made to them. The amended terms and conditions become effective from the date they are published on the platform. Please be aware that we are not responsible for formally notifying you of the amendments. If you object to the amended terms and conditions, you may contact the platform or stop using it.
  • We may review and modify subscription plans, features, and services from time to time, and such modifications will apply to current subscribers upon renewal of their subscription.
  • Your continued renewal of the plan(s) and use of our platform constitutes explicit acceptance, without objection, of any modifications or revisions we make to any plans, features, or services.

Hyperlinks to and from Other Platforms

When the Platform contains hyperlinks to or facilitates connections to other platforms, these links are provided solely for your information and convenience. We have no control over these platforms and accept no responsibility or liability for any other platforms, their content, or their products (including social media platforms). We disclaim all liability for any loss or damage that may arise from your use of such platforms. If you choose to access any third-party platforms linked to our platform, you do so entirely at your own risk.

 Severability

  • If any provision of this agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the remaining terms and conditions shall remain in effect.
  • If any part of any provision of this agreement is determined by any court or other competent authority to be unlawful and/or unenforceable unless that part is deleted, such part shall be deemed deleted, and the remainder of the provision shall remain in effect.

Third Party Rights

  • The stipulated terms and conditions are for our benefit and yours, and are not intended to confer any benefit upon or be enforceable by any third party.
  • The exercise of rights by both parties under these terms and conditions is not subject to the consent of any third party.

Entire agreement

These terms and conditions, along with our privacy policy, the “Subscriber Agreement” and “Third-Party Services,” along with the Terms and Conditions and Privacy Policy of Tap Payments, form the entire agreement, superseding all prior agreements between us concerning your use of our Platform.

Law and jurisdiction

This agreement is subject to and interpreted in accordance with Kuwaiti laws, and Kuwaiti courts shall have exclusive jurisdiction to settle any disputes arising out of the agreement

Our details

  • This platform is owned and operated by (Shopward for Advertising and Publishing W.L.L / Mohammed Al-Ansari & Partner Company.)
  • We are registered in Kuwait under registration number 436835 and our registered office is at Al Tijaria Tower 2nd floor, Al Soor St., Kuwait City.
  • You can contact us by writing to the business address given above, or by using our platform contact form, or by email to info@shopward.io.