Rest N Joy

<h1>Terms of Use Agreement</h1> <h2>First: Definitions</h2> Platform: Rest N Enjoy, owned by Rest N Enjoy Co. W.L.L., pursuant to Commercial Registration No. 506627, hereinafter referred to as the “Platform” in all its forms, whether a website, mobile application, or any other technological form. Service Provider: Any natural or legal person who uses the window allocated to them through the Platform after registering in accordance with the specific terms required by the Platform, for the purpose of listing a property or a group of properties for commercial, residential, hotel, or any other type of rental or use of the listed property. The Service Provider may be the actual owner of the property, a legal agent, an authorized representative, or a broker, including, without limitation, hotels, resorts, real estate companies, and property owners such as houses, farms, and chalets, without prejudice to the requirements imposed by applicable laws and regulations. Consumer (Service Seeker): Any natural or legal person who uses the Platform for the purpose of benefiting from the services provided by the Service Provider. Window: The window allocated by the Platform to the Service Provider for the purpose of listing a property or a group of properties in order to reach the Consumer (Service Seeker), in accordance with the terms and conditions established by the Platform. Third Party: Any party that has a contractual relationship with, or an obligation toward, the Platform or the Service Provider to provide a service, technical support, or logistical services, and that is not a user of the Platform, including, without limitation, banks and financial institutions. Displayed Data: All images, information, facts, prices, addresses, or any other data related to the property listed by the Service Provider. User: A term referring to every natural or legal person who uses the Rest N Enjoy Platform as a Consumer, Service Provider, or for any other purpose. <hr> <h1>Preamble</h1> <ul> <li> The above preamble shall constitute an integral and inseparable part of this Agreement. </li> <li> Rest N Enjoy Platform, owned by Rest N Enjoy Real Estate Company and registered with the Kuwait Chamber of Commerce and Industry in the State of Kuwait under Commercial Registration No. 506627, welcomes you and informs you that you will find below the terms and conditions governing your use of the Platform and all legal effects resulting from your use of the services of the Rest N Enjoy Platform on the Internet. The use of the Rest N Enjoy Platform by any natural or legal person, whether as a Service Provider, Consumer, or any other type of Platform User, shall constitute approval and acceptance of all provisions, clauses, and terms of this Agreement and confirmation of your commitment to its rules and provisions. Please note that the Rest N Enjoy Platform may take the form of a website, mobile application, or electronic platform. This Agreement shall become effective and enforceable as soon as you accept it and begin registering on the Platform or benefiting from any of its services. Rest N Enjoy Platform has no relationship whatsoever with the relationship between the Service Provider, the Consumer, and the Third Party. Its obligation is limited to providing the services included on the Platform in order to facilitate an opportunity for the Service Provider to meet the Consumer or customer, without undertaking to guarantee any obligation arising between the parties (the Service Provider, Consumer, and Third Party). Please refer to the definitions in order to understand the meanings of certain terms contained in this Agreement. </li> </ul> <h1>About Us</h1> We are a specialized property-listing platform for reservations. We enable the property owner, legally authorized person, or broker to list their property on our Platform and deal with the Consumer through the Platform, within the framework of applicable law and the specific terms set forth in this Agreement. The Service Provider shall comply with the rules established by the Platform. <h1>Second: Limitation of Our Liability</h1> 1. It is certain that all properties, images, data, descriptions, addresses, and other information displayed by the Service Provider that constitutes a description of the property or one of its features shall be the sole responsibility of the Service Provider. The Service Provider is obligated to record all such information truthfully and accurately. Providing incorrect or false data or information may constitute a criminal offense punishable by law. 2. Electronic payment systems and links, or any other payment method approved by the Platform, shall be subject to the supervision of the bank or Third Party, as applicable. They shall be responsible for the security standards of the payment methods available through the Platform, and the Platform shall have no involvement whatsoever in this regard. 3. The Platform exercises the utmost care and imposes security restrictions in an attempt to prevent fraudulent methods and any violation or crime punishable by law. However, it does not guarantee any liability toward an injured party, as it has no relationship with the Service Provider or any other party with whom the Service Provider has a contractual or commercial relationship. 4. The accommodation facilities or properties displayed, including their descriptions and data, are the responsibility of the Service Provider, and the Platform has no responsibility for anything displayed by the Service Provider. 5. The Platform does not recommend, favor, or endorse any of the properties displayed. However, there may be specific site criteria that increase the evaluation level. The Platform confirms that it does not recommend or favor any Service Provider or listed property. 6. The role of the Platform is merely to provide electronic support tools by establishing a window for the Service Provider. The Platform’s obligation under this Agreement is limited to creating the Service Provider’s electronic window on the Rest N Enjoy electronic platform and making that window available to Users or Consumers. 7. All transactions carried out between the Consumer and Service Providers and Third-Party services have no connection to Rest N Enjoy Platform. Such transactions constitute an independent contractual relationship governed by the agreement concluded between the Consumer and the Service Provider. Accordingly, Rest N Enjoy Platform shall not be responsible for the failure, refusal, or non-performance by any party of its agreed obligations, or for failure to perform such obligations in the required manner. 8. The Consumer or any User of the Rest N Enjoy Platform, regardless of the purpose for which it is used, acknowledges that the Platform is a technological electronic platform on the Internet that enables a Service Provider who agrees to this Agreement to establish an electronic window with us and conduct its activities through it. The Platform shall bear no liability whatsoever in the event that the Service Provider violates or exceeds the provisions of this Agreement. Rest N Enjoy Platform has no connection whatsoever with transactions carried out between the Service Provider and the Consumer. <h1>Third: Rules for Creating the Service Provider’s Window</h1> 1. Any natural or legal person who possesses the legal capacity may create their own window in accordance with the rules and provisions of the Terms of Use Agreement. 2. The Service Provider’s window and the displayed data must comply with the Terms of Use of the Rest N Enjoy Platform and must not violate laws or regulations. The Service Provider must comply with its agreement with the Consumer. Rest N Enjoy Platform shall be released from liability for any violation by the Service Provider of the law, public morals, or public order. Rest N Enjoy Platform shall have the right to refuse the registration of any electronic Service Provider whose activities are inconsistent with the laws of the State of Kuwait or the provisions of this Agreement. Accordingly, the Service Provider acknowledges under this Agreement that its window does not violate public order, the laws of the State of Kuwait, or Islamic morals. 3. No natural or legal person may use Rest N Enjoy Platform as a Service Provider if their membership has been cancelled by the Platform. 4. If any Service Provider registers on the Platform as a legal entity, such entity shall be bound by all the rules and provisions set forth in the Platform’s Terms of Use Agreement. 5. All Service Providers must clearly provide Consumers with the terms and conditions, privacy and confidentiality policy, replacement or refund policy, and reservation cancellation policy, which shall be deemed an electronic contract. 6. All Service Providers must ensure that the information they provide is accurate, truthful, and consistent with reality. Any invoice issued by the Platform and containing material information shall be based on the information entered by the Service Provider, without any liability on the Platform in the event of any violation, crime, or harm suffered by the Consumer as a result of incorrect information or data being provided. The invoice shall be issued after the Consumer has completed all stages of the payment process. Information relating to the listed property shall be the responsibility of the Service Provider, who shall provide details of the service, including, without limitation, the cost of purchasing or providing the service, the duration of the right of use of the listed property, the total price, the delivery date and location, and the replacement and refund policy. All of the foregoing shall be the responsibility of the Service Provider, and the Platform shall have no connection with any of it. 7. In the event of failure to comply with any of the above, the Platform’s management shall have the right to take any of the following measures, including, without limitation: issuing a warning, suspending the service, closing the window, or preventing access to the Platform’s services, as the Platform deems appropriate. However, the Platform shall not be responsible for any breach committed by the Service Provider against the Consumer or any third party, as it is not a party to the relationship between the Consumer and the Service Provider. Such measures are taken solely for the purpose of improving the quality of use of the Platform. <h1>Fourth: Accounts and Registration Obligations</h1> 1. The Platform shall in no event be responsible for any direct or indirect, moral or material loss that may be suffered by you as a result of disclosure of your username or password, or as a result of the Service Provider’s failure to comply. 2. The Service Provider must provide the Platform with genuine information upon registration and verify their identity by submitting official documents during the registration process. 3. Upon submitting an application to join the Platform’s membership or requesting the creation of an electronic window, you will be required to disclose certain information and select a username and confidential password for accessing the Platform’s services. Once your account has been activated, you will become a User of the Platform’s services and thereby agree to the following: a. You shall be responsible for maintaining the confidentiality of your account information and password. You agree to immediately notify the Platform of any unauthorized use of your account information or any other breach of your confidential information. b. The Service Provider must personally use their electronic window. The Service Provider shall be fully responsible for their window, and if another person uses it, this shall mean that the Service Provider has authorized such person to use the window in their name and on their behalf. c. When using Rest N Enjoy Platform, you must use it seriously and in good faith, comply with the rules and provisions of this Agreement, and comply with the applicable legal requirements in the State of Kuwait. You shall be obligated to indemnify Rest N Enjoy Platform against any damage it may suffer as a result of any illegal or unauthorized use of your account by you or by any person who has obtained the access credentials to your Platform account, whether for the purpose of performing services using your username and password or as a result of your negligence in maintaining the confidentiality of your username and password, whether such use was authorized by you or not. d. You must disclose your genuine and accurate information and ensure that such information is current, complete, and lawful as required during registration with the Platform. e. You must update your personal information with the Platform whenever it changes in reality or whenever an update is required. f. The Service Provider must not include in their username any contact details, including email addresses, telephone numbers, personal information, or any phrase indicating a personal or commercial relationship between the Service Provider and the Platform, its employees, or its owners. g. It is prohibited to place in your window anything indicating a direct or indirect relationship with the Platform, its management, owners, or employees, as Rest N Enjoy Platform has no relationship with the Service Provider other than what is established under the provisions of this Agreement. h. The Platform confirms its commitment to treating your personal information and contact details confidentially in accordance with the provisions of the Privacy and Information Confidentiality Policy. i. The User must maintain their registration information and keep it updated at all times so that it remains genuine, accurate, complete, and lawful. If the User discloses information that is untrue, inaccurate, incomplete, unlawful, or inconsistent with this Agreement, the Platform shall have the right to suspend, freeze, or cancel the membership, window, or account on the Platform. j. The Platform shall have the right at any time to conduct any investigations it deems necessary, whether directly or through a Third Party, and to request that the User disclose any additional information or documents. k. In the event of non-compliance with the above, the Platform shall have the right to delete, cancel, or prevent your access to the Platform. <h1>Fifth: Electronic Correspondence and Means of Communication</h1> 1. The Service Provider and Consumer (User) agree that official correspondence shall take place through the email address registered with the Platform during registration or through any other means recorded on the website by the User (Service Provider or Consumer). The Platform shall also have the right to announce any amendments to this Agreement, as well as notices and advertisements, through the aforementioned means. 2. The User must check their email to ensure receipt of any notifications, announcements, or notices issued by the Platform. 3. Communication with the Platform shall take place through the telephone numbers and addresses published on the Platform or through its website. <h1>Sixth: Amendments to the Terms of Use Agreement and Fees</h1> 1. The Platform shall have the right to make any amendments to the Terms of Use Agreement. Users shall be notified of such amendments in accordance with the agreed means or through any modern means, including telephone numbers, text messages, or the WhatsApp social communication application. 2. The User shall have no right to object to or refuse the amendments made by the Platform. It is confirmed that any amendments made by the Platform constitute rules governing the method of using the Platform for the benefit of Users and are not intended to serve private interests. In order to benefit from the Platform’s services, you must agree to this Agreement and to any amendments made to it. Therefore, if you do not accept an amendment, you must stop using the Platform. Merely accessing your account on the Platform or using it shall constitute your acceptance of the amendments and full and complete consent thereto. 3. All fees shall be calculated in Kuwaiti Dinars, and the User shall pay all fees due to the Platform in addition to any other expenses. 4. API Technical Integration Fees: If the Service Provider requests to connect its internal technical system to the Platform’s system through the API, specifically the hotel API integration, the Service Provider shall be obligated to pay a one-time setup and technical integration fee. Such fees shall apply during the limited periods and promotional offers launched exclusively by the Platform. <h1>Seventh: Payment and Settlement Services</h1> 1. The Platform provides payment services through banks, financial institutions, companies or means for electronically transferring funds, technological means, digital platforms, or any payment and settlement system approved by the Platform, through the payment options available on the Platform or through any payment method that the Platform may make available from time to time. 2. The Platform has no relationship with the parties concerning the payment and settlement methods available on the Platform, as such methods are governed by the relationship between the Service Provider, the Third Party, and the Consumer. The Platform shall not be responsible for any hacking or fraud, as payment methods are managed through a Third Party. 3. The provision of payment services within the Platform is intended to facilitate the process for the Consumer. 4. The Service Provider shall be responsible for the prices of the listed properties in accordance with the regulations and requirements of the Ministry of Commerce and relevant laws. The Service Provider shall provide the advertised service after the Consumer has completed payment of the invoice. Any breach by the Service Provider shall be solely their legal responsibility, including any resulting consequences, particularly any damage that may be suffered by the Platform or the Consumer. 5. The Service Provider shall maintain the commercial books stipulated in Articles 26–80 of Law No. 68 of 1980 Promulgating the Commercial Law. 6. The Service Provider shall provide the Consumer with a payment invoice specifying the details of the service or transaction and its date in accordance with the methods available through the Platform. The Platform shall also have the right to retain a copy thereof. 7. The Platform shall have the right to cancel or modify any of the payment methods available through the Platform. <h1>Eighth: Personal Information and Displayed Data</h1> 1. You grant the Platform a legal right and an unlimited, worldwide, licensed authorization, without condition or restriction, to retain or use your personal information or the materials you display on the Platform, regardless of the type or purpose of such display. 2. You are responsible for the data displayed in your window. Once anything is displayed therein, this shall constitute your acknowledgment of ownership thereof and your authorization for us to use, publish, or display it in accordance with the preceding provision. 3. The confidentiality of information shall be governed by the Platform’s “Privacy and Information Confidentiality Policy.” <h1>Ninth: Platform Rights, Intellectual Property, and Copyright</h1> 1. Everything contained on the Platform, including texts, sounds, colors, logos, technologies, and ideas, whether electronic or otherwise, is the property of Rest N Enjoy Platform, and its rights are reserved. Their use, copying, or imitation in any form is prohibited. 2. Anyone who violates or infringes the rights set forth in the above clause shall be subject to legal proceedings. 3. The Platform shall not be responsible for infringement of Users’ intellectual property rights; however, it may take legal action in accordance with applicable procedures against anyone who infringes such rights. <h1>Tenth: Service Provider Obligations</h1> 1. The Service Provider shall comply with the laws and regulations governing the activity conducted through the Rest N Enjoy Platform and shall not violate them. 2. The Service Provider must provide the Consumer with the advertised service without negligence and must comply with the specifications displayed. 3. The Service Provider shall provide accurate information about themselves and the properties displayed through their window and acknowledges the accuracy of everything displayed through their window and the accuracy of the data provided by them. 4. The Service Provider must deliver the property to the Consumer, regardless of the nature of the agreement between them, on the specified date and at the specified time, and enable the Consumer to use the property during the period agreed upon between them. 5. The Service Provider acknowledges that the images of the property displayed are accurate and truthful, whether the property is an apartment, hotel room, house, or any other property falling within the concept of property and the consideration for its use. 6. The Service Provider agrees that Rest N Enjoy Company, as the owner of the Platform, may deduct the agreed percentage or its equivalent as a commission due to Rest N Enjoy Company for each successful sale completed through the Platform. It is understood that such percentage shall be deducted in advance before transferring the amount to the Service Provider and shall be due without condition or restriction. The Service Provider, including hotels, real estate companies, or property owners, shall have no right to object to such percentage. In addition, the Service Provider shall pay the fees and expenses due to the Platform immediately when they become due, in accordance with the terms established by the Platform. 7. If the activity conducted by the Service Provider through the Platform requires obtaining certain licenses or permits from governmental or official authorities, the Service Provider shall comply with such requirements without any liability whatsoever on Rest N Enjoy Platform. 8. The Service Provider shall provide a clear and unambiguous description of the service provided, and the images and specifications must accurately represent the actual service. 9. The Service Provider’s window must include the terms, conditions, and specifications associated with the service being offered and must enable the Consumer to access and review them easily, without any liability on the Platform. 10. The Service Provider must comply with the laws and regulations applicable in the State of Kuwait, as well as public morals, and must not violate public order in anything they advertise or publish, whether in words or content. 11. The Service Provider shall ensure that the prices displayed are genuine and accurate and shall guarantee the Consumer full use and benefit thereof in accordance with the agreement. 12. The Service Provider must clearly inform the Consumer of the reservation and cancellation policy, refund policy, privacy and information confidentiality policy, and all applicable terms and conditions. 13. The Service Provider shall respond to Consumer complaints submitted directly to them and resolve any dispute or problem encountered by the Consumer. 14. The Service Provider shall handle Consumer complaints within a reasonable period of time. 15. The Service Provider must clearly state the policy for refunding amounts paid and must comply with it. 16. The Service Provider must clearly state the property address and provide its images, and the Service Provider’s information, including name and telephone number, must be accurate. <h1>Eleventh: Consumer Obligations</h1> 1. The Consumer must exercise due diligence and verify the accuracy and authenticity of the data displayed by the Service Provider. Accordingly, the Consumer acknowledges that the Platform shall not be responsible for any error committed by the Service Provider and shall not be responsible for compensating any damages, regardless of their cause, as the Platform has no relationship with the Consumer’s relationship with the Service Provider. 2. The Consumer shall notify the Platform immediately upon being subjected to or discovering any fraud, deception, or scam. Such notification shall be made through the communication channels specified by the Platform. 3. The Consumer shall review the terms, conditions, and specifications set forth in Clause Ten, Paragraph 9 above, without any liability on the Platform in the event of a dispute arising between the Service Provider and the Consumer. 4. The Consumer must keep their account information confidential and in a manner that prevents third parties from obtaining or using it. 5. The Platform emphasizes to the Consumer that the method of displaying the service, special terms, images, and all information provided by the Service Provider are not subject to our supervision and are not approved by us prior to publication. Any error, fraud, misrepresentation, or alteration committed by the Service Provider shall be dealt with in accordance with applicable legal procedures. However, the Platform does not guarantee or assume any liability toward the Consumer or Service Provider. Any claim by the Consumer for a refund of amounts paid, regardless of its reason or validity, shall be directed against the Service Provider, without any liability on Rest N Enjoy Platform. 6. Our “Platform” does not recommend or endorse any “Service Provider,” their products, services, facilities, or anything else. 7. Rest N Enjoy Platform is not a party to the terms concluded between you and the “Service Provider.” The “Service Provider” is solely responsible for their obligations toward you. 8. In order to benefit from the Platform’s services, you may need to create an account. Therefore, please ensure that all your information, including payment and contact details, is accurate and up to date. The Consumer is responsible for everything that occurs through their “Account.” Accordingly, please do not allow anyone else to use it and maintain the confidentiality of your username and password. 9. You acknowledge that you are at least 18 years of age in order to use the “Platform.” 10. You acknowledge that the information and personal data you provide to us are accurate. 11. The Consumer must carefully read the terms and conditions applicable to the Service Provider before completing any purchase of the service offered. 12. In cases involving refund claims or reservation cancellations, the claim must be directed directly to the Service Provider, and the Platform shall have no involvement in such claims. <h1>Twelfth: Cancellation of User Membership</h1> 1. The Platform shall have the right to permanently or temporarily cancel, block, or suspend Users’ accounts if the User commits any of the following acts or in any of the following cases: 2. Violation of the rules and provisions of the Terms of Use Agreement or the law. 3. Misuse, including verbal or written abuse, or failure to comply with public order and public morals. 4. If the Platform’s management determines that the User’s activity violates the law. 5. If the User commits acts that are legally criminal or prohibited. 6. If the User displays or discloses false information or data that could harm the Platform or the Consumer, even if no actual harm has occurred or the harm was merely potential. 7. If the User violates any provision or clause of this Agreement. <h1>Thirteenth: Applicable Law and Competent Courts for Dispute Resolution</h1> This Agreement shall be governed by the laws applicable in the State of Kuwait, and the courts of the State of Kuwait shall have jurisdiction. <h1>Fourteenth: General Provisions</h1> 1. Every User must maintain the confidential information associated with the account available on the Rest N Enjoy Platform and exercise the necessary care to prevent the account from being used by other persons. 2. All agreements concluded between the Service Provider and the Consumer, as well as payments and other transactions, shall have no legal effect toward Rest N Enjoy Platform and shall not create any relationship with it. 3. If a new law regulating business and electronic commerce is enacted, all Users undertake to comply with its provisions and update their status in accordance with the required legal requirements. 4. The provisions or clauses of this Agreement may only be amended by a decision issued by the Platform’s management. 5. The User shall be responsible for complying with all laws in the State and shall be solely responsible for any violations of the laws of the State of Kuwait. 6. The role of Rest N Enjoy Platform is limited to technically managing the Platform, without any connection to agreements concluded between Users. 7. By using the Rest N Enjoy Platform, you agree to the terms and conditions of this Agreement. 8. Rest N Enjoy Platform does not guarantee any defect in the service provided by the Service Provider to the Consumer and shall not compensate the Consumer for any damage resulting from an error by the Service Provider. The Service Provider shall bear civil and criminal liability where applicable. 9. All intellectual property rights, copyrights, and any rights arising from the concept of this Platform are the exclusive property of Rest N Enjoy Company. No User or entity may use such rights without the approval and authorization of the Platform’s management. 10. In the event that this Agreement is translated into several languages, the Arabic language shall be the controlling and primary reference.

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