Agreement & Terms and conditions of use
- Agreement:
- These Agreement, terms and conditions and the privacy policy together constitute a legal binding agreement (Agreement) between (CocoPalms Co W.L.L) and you and we mean by (YOU) whether you are a client or a user of the platform.
- Law and jurisdiction:
2.1 Your acceptance of these terms is considered to be an approved and signed electronic signature in our electronic system and confirms the validity of the agreement, by applying the provisions of Law No. 20/2014 for electronic transactions, and all electronic data, information provided, offered, submitted, presented, shared, kept, used in or through the application are governed with the terms of the regulation 42/2021 in regards to privacy protection.
2.2 This agreement and terms and conditions shall be governed by and construed in accordance with [Kuwaiti laws].
2.3 Any disputes relating to this agreement and/or terms and conditions shall be subject to the jurisdiction of the courts of (Kuwait).
- CocoPalms:
3.1 CocoPalms Tech Company is a technology and Solution providing Company; CocoPalms focuses on automation solutions, IT Solutions and Services. and, deals with the Information and technology platform of CocoPalms the next-generation Information Technology Services company who delivers innovative IT solutions & IT enabled services precisely addressing business needs of our clients. We provide business and technology consulting, custom software development, web design & development, maintenance, systems integration, testing and business process outsourcing etc. We have chosen a strategic global model combining the best of onshore and offshore processes to deliver premium quality services and products to our clients. Focus on business needs of our clients, team Cocopalms technical expertise and domain knowledge has enabled CocoPalms to become a valued business partner for a host of reputed customers across the globe.
- License to use the platform
4.1 You may:
(a) View pages from the platform;
(b) Download pages from the platform for caching;
(c) Print pages from the platform;
(d) Use the platform services, subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by the provisions of this agreement and terms and conditions, you must not download any material from the platform or save any such material to the device.
4.3 You may only use the platform for your own personal use, and you must not use the platform for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on the platform.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) Republish material from the platform (including republication on another platform);
(b) Sell, rent or sub-license material from the platform;
(c) Show any material from the platform in public;
(d) Exploit material from the platform for a commercial purpose; or redrafting.
(e) Redistribute material from the platform.
4.6 We reserve the right to restrict access to areas of the platform, or indeed the whole platform, at your discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the platform.
- Acceptable Use:
5.1You must not:
(a) Use the platform in any way or take any action that causes, or may cause, damage to the platform or impairment of the performance, availability or accessibility of the platform;
(b) Use the platform in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use the platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, mobile or computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious mobile or computer software;
(d) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the platform without the express written consent;
(f) Violate the directives set out in the robots.txt file for the platform; or
(g) Use of data collected from the app for any direct marketing activity (including but not limited to email marketing, SMS marketing, telemarketing, social media marketing and sponsor ads and direct mail.
5.2 You must not use data collected from the platform to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through the platform, or in relation to the platform, is true, accurate, current, complete and non-misleading.
- Clients:
All cocopalms clients.
7- User IDs and passwords
7.1 If you register for an account with the platform, you will be asked to enter your [name. e-mail, phone number, birthdate and a password].
7.2 Your information must not be liable to mislead and you must not use your information for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify the platform management in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on the platform arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
- – Cancellation and suspension of account
8.1 We may:
(a) [Suspend your account;]
(b) [cancel your account; and/or]
(c) [Edit your account details,]
At any time in our sole discretion without notice or explanation.
8.2 You may cancel your account on the platform using your account control panel on the platform.
- Your content: rules
9.1 You warrant and represent that your content will comply with this agreement and terms and conditions.
9.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
9.3 Your content, and the use of your content by us in accordance with this agreement and terms and conditions, must not:
(a) Be libelous or maliciously false;
(b) Be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) Infringe any right of confidence, right of privacy or right under data protection legislation;
(e) Constitute negligent advice or contain any negligent statement;
(f) Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) Be in contempt of any court, or in breach of any court order;
(h) Be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) Be in breach of official legislation;
(k) Be in breach of any contractual obligation owed to any person;
(l) Depict violence in an explicit, graphic or gratuitous manner.
(m) Be pornographic, lewd, suggestive or sexually explicit.
(n) Be untrue, false, inaccurate or misleading.
(o) Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage.
(p) Constitute spam
(q) Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) Cause annoyance, inconvenience or needless anxiety to any person.
- Liability
10.1 Nothing in a contract in regards to this agreement and terms and conditions will:
(a) Limit or exclude any liability for death or personal injury resulting from negligence;
(b) Limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) Limit any liabilities in any way that is not permitted under applicable law; or
(d) Exclude any liabilities that may not be excluded under applicable law.
(a) govern all liabilities arising in regards to this agreement and terms and conditions or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.
10.2 To the extent that the platform and the information and services on the platform are provided free of charge, we will not be liable for any loss or damage of any nature.
10.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
10.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
10.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the platform or this agreement and terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
1 1 1. Breaches of this agreement and terms and conditions
11.1 Without prejudice to our other rights under this agreement and terms and conditions, if you breach this agreement and terms and conditions in any way, or if we reasonably suspect that you have breached this agreement and terms and conditions in any way, we may:
(a) Send you one or more formal warnings;
(b) Temporarily suspend your access to the platform
(c) Permanently prohibit you from accessing the platform.
(d) Block computers/mobile devices using your IP address from accessing the platform
(e) Contact any or all of your internet service providers and request that they block your access to the platform.
(f) Commence legal action against you, whether for breach of this agreement and terms and conditions or otherwise; and/or
(g) Suspend or delete your account on the platform.
- Variation
12.1 We may revise and amend this agreement and terms and conditions from time to time.
12.2 The revised agreement and terms and conditions shall apply to the use of the platform from the date of publication of the revised agreement and terms and conditions on the platform, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of this agreement and terms and conditions. / We will give you written notice [by email, or any method that we decide] of any revision of this agreement and terms and conditions, and the revised agreement and terms and conditions will apply to the use of the platform from the date that we give you such notice; if you do not agree to the revised agreement and terms and conditions, you can contact the platform administration, or you can stop using the platform.
12.3 If you have given your express acceptance to this agreement and terms and conditions, we will ask for your express acceptance to any revision of this agreement and terms and conditions; and if you do not give your express acceptance to the revised agreement and terms and conditions within such period as we may specify, we will disable or delete your account on the platform, and you must stop using the platform.
- Severability
13.1 If a provision of this agreement and terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
13.2 If any unlawful and/or unenforceable provision of this agreement and terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third party rights
14.1 This agreement and terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
14.2 The exercise of the parties’ rights under this agreement and terms and conditions is not subject to the consent of any third party.
- Entire agreement
15.1 This agreement and terms and conditions, together with the privacy policy, shall constitute the entire agreement between you [User, Client,] and CocoPalms in relation to your use of the platform and shall supersede all previous agreements between you and CocoPlams in relation to your use of the platform.
- CocoPalms details
16.1 This platform is owned and operated by [CocoPlams Tech Co. W.L.L].
16.2 We are registered in [Kuwait] under registration number 144989/2019, and our registered office is at Kuwait.
16.3 Our principal place of business is at Kuwait
16.4 You can contact us by writing to the business address given above, by using the platform contact form, by email to info@cocopalms.io or by telephone on +96564448939.
