Terms And Conditions

Preamble - Important Information

Please read the following Terms and Conditions describing important legal and risk information about material contained in this website which Jaribha may, without notice, change.

Your accessing this website represents your agreement to be bound by the terms below. If you do not agree to such terms, you should exit the website. Jaribha has designed this information page to prevent unsuitable categories of Creators or Supporters from accessing the website and to prevent the improper use of website materials and services. Jaribha cannot be responsible for any misrepresentations you may make in order to gain access to restricted parts of this website. Nothing contained in this website represents an offer of product or services by Jaribha, nor specific investment advice on which any Supporter should act. No guarantee is given or intended as to the completeness, timeliness, or adequacy of the information provided from the Creators.

The information given on this website does not constitute personal recommendations, advice, offer, invitation to acquire an investment, investment advice, fund offering. The information is provided for individual information purposes only and should therefore not be relied upon by any person in any jurisdiction where such an offer or invitation would be unlawful.

This website may contain or be linked to advice or statements of third parties. We make no representation as to the accuracy, completeness, timeliness, or suitability of such information, and we have not and will not review or update such information and caution you that any use made of such information is at your own risk. Some of the information contained on this website may also have been prepared or provided by third parties and may not have been verified by us. We hereby exclude any liability arising out of any preparation or provision of such information for the website and make no warranty as to the accuracy, suitability or completeness of any such information.

These terms (together with the documents referred to in them) set out the terms and conditions on which we provide our services (Services) via our website https://www.jaribha.com (our site) to you. Please read these Terms and Conditions carefully and make sure that you understand them, before registering to use our site. You should understand that by registering to use our site, you agree to be bound by these Terms and Conditions.

You should print a copy of these Terms and Conditions for future reference.

1.PREAMBLE

1.1The above preamble shall be deemed to constitute an integral part of these Terms and Conditions, which shall be construed accordingly.

2.INFORMATION ABOUT US

2.1We operate the website https://www.jaribha.com. We are [Zano General Trading and Contracting Company, WLL], a company registered in [KUWAIT] and with our registered office at [Zano General Trading and Contracting Company W.L.L. P.O. Box 404 Dasman Code 13014 Kuwait.].
2.2By registering to use our site, you warrant that:
  • you are legally capable of entering into binding contracts; and
  • you are at least 18 years old.
2.3By registering to use our site you become a "member" and gain access to certain features including the ability to post your business ideas and/or plans and supporting documentation (project).
2.4Our Services are intended solely for users who are [18] years of age and above and any registration, use or access to the Services by anyone under [18] is unauthorised and a breach of these Terms and Conditions. We may terminate your account, delete any content or information that you have posted on our site and/or prohibit you from using or accessing our site or the Services in the event that we believe that you are under [18].

3.HOW THE CONTRACT IS FORMED

3.1After submitting your details in order to create an account with our site, we will confirm such acceptance to you by sending you an e-mail that confirms that your registration has been successful (Welcome to Jaribha). The contract between us will only be formed when you have successfully signed up and logged in.
3.2We reserve the right to require additional information before processing your application.

4.CREATING AN ACCOUNT

4.1It is free to create an account to browse our site and to post a project.
4.2Once you have registered to use our site you can browse our site and view other projects posted on our site from time to time.
4.3If you wish to post a project you can do so by going to the section entitled Start your project on our site.

5.SUBMITTING A PROJECT

5.1Once you have registered and created an account with us, you are permitted to submit a request (Application Form) to post a project.
5.2Once you submit your request to post a project, Jaribha will review the proposed project along with the project's goal amount. Jaribha's team will review the details of your project and contact you with a status update.
5.3Once you submit your project we will review it and, at our discretion, we will do one of the following:
  • Accept the project;
  • Ask you to revisit and amend your project, or any part of it; or
  • Reject your project.
5.3Jaribha's review process is to keep the website as safe and secure as possible for Supporters and Creators.
5.4Jaribha reserves the irrevocable right to decline or take down any project at any time. For the general guidelines of projects accepted and rejected by Jaribha please visit the GUIDELINE
5.5Once approved by the Jaribha team, you will be classified as a Jaribha "Creator" by which you will have a maximum of 120-day timeframe to reach your project goal (Goal Period).
5.6You must set your project goal in advance. Neither the goal amount or project content can be changed or amended once your project is live.
5.7During the Goal Period you are allowed to post your project on our site to promote and raise awareness and share certain information about the project.
5.8You are also entitled to elicit feedback and support from our registered Supporters. Solicited support whether on our website or otherwise cannot be and should not constitute personal recommendations, advice, offer, invitation to acquire an investment, investment advice, fund offering.
5.9Should you be able to meet your goal or pass it, Jaribha will provide you with the entire sum; less 10% including any wire transfer fees (This is our FEE and other third party FEE's). Therefore you acknowledge and agree that we will deduct a 10% fee from the goal amount collected (Project Fee). The fee percentage is liable to change at any time without notice. The entire sum minus the 10% will be transferred within 1-4 weeks depending on your Bank.
5.10Should you fail to meet your goal by the time frame you set, your project will be classified as unsuccessful and the support generated for your project will be returned to all your Supporters.
5.11For help with how to submit your project please follow our [HOW IT WORKS] guidance.
5.12We reserve the right to require you to provide supporting documents we may require before reviewing your project and/or before transferring the goal amount.

6.OBTAINING SUPPORT

6.1When creating your project you will be prompted to insert a goal amount, which you will need to reach within the Goal Period. In the event that your goal amount is not reached within the Goal Period, your project's goal will be deemed unsuccessful and all support received will be returned to the Supporters, minus the processing fee. (see #25).
6.2If your project's goal is deemed unsuccessful, you will have the option to re-submit your project for another Goal Period.
6.3You will be required to give us information of your bank account (Project Account). If your project's goal is successfully reached, we will transfer all support amounts received to your Project Account, less the Project Fee. (see #25)
6.4We are not responsible for any error or omission in the Project Account information you provide. Transfer will be dealt via a third party payment processor and we will not be directly involved in such payments.
6.5You acknowledge and agree that we have no liability in respect of payments due from Supporters to you or for any act or omissions of the third party payment processor. We will only transfer the amount received to your Project Account if your project's goal is successfully reached, minus the Project Fee.
6.6We make no guarantees regarding the number or amount of support you will receive through your use of our site.
6.7Once a project is supported, the Supporter cannot withdraw their contribution.
6.8We reserve the right to require further documents or information to be submitted before the transfer of the Goal Amount.
6.9We also reserve the right to return the support received to all Supporters before transferring the Goal Amount to you in the event that we feel for any reason that the Goal Amount will not be used for the intended purpose, or for any other reason without notice to you.

7.SUSPENSION AND TERMINATION OF YOUR ACCOUNT

7.1We may permanently or temporarily terminate your account, suspend or otherwise refuse to permit you access to our site if we have any reason to believe that:
  • you committed a breach of any of these Terms and Conditions
  • you fail to deliver any reward to a Supporter in contravention with Rewards clause 13 below
  • you commit any conduct that may amount to a criminal offence
  • you breach any of the following prohibited actions:
    • attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running our site
    • take any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure
    • impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity or
    • interfere with the proper working of our site.

8.HOW TO CANCEL YOUR ACCOUNT

8.1To cancel your account before your project goes live, you must contact us by email [support@jaribha.com].
8.2Once your project goes live you will not be able to cancel your account or take down the page that features your project whether or not you reached your Project's Goal.

9.DISCLAIMERS AND WARRANTIES

9.1In addition to the warranties and disclaimers included in the Preamble above, you acknowledge and agree that:
  • Your use of our site is at your sole risk. The service through our site is provided on an 'AS IS' and 'AS AVAILABLE' basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranty of fitness for a particular purpose.
  • We make no warranty that (i) our Service will meet your requirements; (ii) our site will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of our Service will be accurate or reliable; and (iv) the quality of our Service or information obtained through the site will meet your expectations.
  • Any material posted by you or downloaded or otherwise obtained through our site is done at your sole discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material.
  • No advice or information, whether oral or written, obtained by you from our site shall create any warranty.

10.OUR LIABILITY

10.1We aren't liable for any damages or losses related to your use of the Services. We don't become involved in disputes between users, or between users and any third party relating to the use of the Services. We don't oversee the performance or punctuality of projects, and we don't endorse any content users submit to the Site. When you use the Services, you release us from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You're solely responsible for any resulting damage or loss to any party.
10.2We will not be liable for losses that result from our failure to comply with these Terms and Conditions that fall into the following categories even if such losses result from our deliberate breach:
  • loss of investment, funding or support;
  • loss of income or revenue;
  • loss of business;
  • loss of profits
  • loss of anticipated savings;
  • loss of data; or
  • waste of management or office time.
10.3You acknowledge and agree that we shall not be liable for any direct, indirect, incidental, special, consequential loss or damages, including, but not limited to, loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of such losses) resulting from:
  • the use, or the inability to use our site;
  • unauthorised access to or use of your data;
  • statements or conduct of any third party on the site;
  • any agreement, understanding or relationship you enter into with any Supporter or any other person or entity with whom you have been put in contact with through our site; or
  • any other matter relating to our Service.
10.4Our site is provided as a promoting and matching tool only. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available through our site, and shall not be responsible or liable for any strategy or trading decisions made by you based on such information.
10.5In no event shall our total liability to you under these Terms and Conditions exceed the sum of $30(USD)
10.6If we feel there is any misuse, or fraud that may be considered as a breach of these Terms and Conditions, we reserve the right to cancel the transfer, and terminate your account.

11.YOUR ACCOUNT AND OBLIGATIONS

11.1You are responsible for maintaining the confidentiality of your password and account. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions. Please ensure that you exit from your account at the end of each session.
11.2You are not permitted to use another member's account without prior permission from such member.
11.3When registering with Jaribha you must provide accurate and complete information. You are responsible for maintaining and promptly updating such information to keep it true, accurate, current and complete. If you provide any information that is in contravention of this requirement or we have reasonable grounds to suspect that such information is in contravention, we have the right to suspend or terminate your account and refuse any and all current or future use of our site.
11.4You are solely responsible for the activity that occurs under your password and/or account. You must notify us immediately of any breach of security or unauthorised use of your password and/or account. You shall be solely liable for any loss we, or others, incur due to such unauthorised use
11.5While Jaribha reserves the right to ultimately reject a project without specifying a reason, all projects must meet the Guidelines and Jarbha's ultimate approval in order to launch. Jaribha has the irrevocable right to change or amend the guidelines at any point of time. Please make sure you read them before starting any new project on Jaribha. You may not use your account for activities that:
  • infringe any applicable law, statute or regulation;
  • relate to sales of:
    • narcotics or other certain controlled substances or products that present a risk to consumer safety;
    • drug paraphernalia;
    • items that encourage, promote, facilitate or instruct others to engage in illegal activity;
    • items that promote hate, violence or racial intolerance;
    • items that are considered obscene;
    • items that infringe any copyright, trademark or any other proprietary right under the laws of any jurisdiction;
    • certain sexually orientated materials or services;
    • ammunition, firearms or certain firearm parts; or
    • certain weapons or knives regulated under applicable law.
The above list is not exhaustive and subject to change. Please visit the website frequently for an updated list. If we do not approve of the products and/or services that you are promoting, we reserve the right to either reject the project or terminate your account with immediate effect.
11.6Notwithstanding the above, we have the irrevocable right to decline or take down any project at any time. Violating the guidelines, Privacy Policy or these Terms and Conditions may result in your account being deleted and/or your project being suspended without further notice.
11.7On registering to use our site, you will be given an option to receive our newsletter. If you opt-in to receiving the newsletter you are able to later unsubscribe from receiving it at any time by going to your account settings.
11.8You shall be solely responsible for any content you post on our site. You warrant and represent that you have written consent of each and every identifiable natural person used in the promotion of your project and that your content and our use thereof will not infringe any rights of any third party.
11.9You accept total responsibility for any agreement, understanding or relationship you enter into with any Supporters or other third parties, through the use of our site. Further, you acknowledge and agree that we do not endorse any Supporter and that we will not be liable for any claims of any nature arising or resulting from any agreement, understanding or relationship concluded, agreed, made or established between you and any Supporter through our site.
11.10You acknowledge and agree that:
  • our site is designed as a promoting and matching tool only and that we are not engaged in rendering, nor are we representing ourselves as rendering professional advice or opinions of any nature whatsoever to you;
  • it is your own responsibility to obtain independent legal, tax, financial, accounting, medical or other professional advice with respect to evaluating, agreeing, establishing and/or implementing any relationship or support based on any of the material, information or strategies presented on our site. Further, it is highly recommended that you take adequate time to review and evaluate whatever material or information received, with independent advisors you deem appropriate.
11.11You understand that by using our site, you may be exposed to content and/or material that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any content and/or material including, but not limited to, any errors or omissions in any content and/or material or for any loss or damage of any kind incurred as a result of the use of any content and/or material posted, emailed, transmitted or otherwise made available through our site.
11.12You agree that you must evaluate and bear all risks associated with the use of any content and/or material, including any reliance on the accuracy, completeness or usefulness of such content and/or material. You acknowledge that you may not rely on any content and/or material created by us or submitted to us, including, without limitation, information on any message boards and on any other part of our site.
11.13You agree to indemnify and hold us harmless from any claim or demand, including reasonable professional costs, made by any third party or any Supporter arising out of or in connection with any content and/or material you submit, post, transmit or make available through our site or your use of, or connection to, our site.
11.14Where applicable, you shall be responsible for any applicable taxes as a result of your use of our site and for compliance with all applicable laws including any employment requirements. You agree to indemnify us against any losses or damages incurred by us in respect of your failure to comply with this clause 11.14.
11.15We shall not be liable for any loss or damage incurred as a result of your failure to comply with this clause 11.
11.16You understand and agree that we reserve these rights:
  • You understand and agree that we reserve these rights:
  • We can make changes to the site and Services without notice or liability.
  • We have the right to decide who's eligible to use the site. We can cancel accounts or decline to offer our Services. (Especially if you're abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use this site in that jurisdiction.
  • We have the right to cancel any support to any project, at any time and for any reason.
  • We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.

12.YOUR INTELLECTUAL PROPERTY

12.1We do not own content you submit to us (your "Content"). But we do need certain licenses from you in order to perform our Services. When you submit a project for review, or launch a project, you agree to these terms:
  • We can use the content you've submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub licensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
  • When we use the content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
  • You won't submit stuff you don't hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant us all the license rights outlined here)
  • Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on our hosting of that Content.
  • You promise that if we use your Content, we're not violating anyone's rights or copyrights. If we or our users exploit or make use of your submission in the ways contemplated in these Terms and Conditions, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
  • You're responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
  • We're not responsible for mistakes in your content. We will not be liable for any errors or omissions in any content.
12.2Our Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
12.3We grant you a license to reproduce content from the Services for personal use only. This license covers both our own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sub licensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from us or the relevant copyright holder. A "commercial purpose" means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

13.REWARDS

13.1You agree to offer certain rewards to Supporters in line with our Guidelines. You must list the maximum number of rewards available with a brief description of each reward option, support amount and the estimated date of delivery of that reward.
13.2There are some limitations on what can be offered as a reward. For example, rewards cannot be monetary. If we are unhappy with the rewards that you are offering we reserve the right to request that you remove such reward from your page.
13.3You hereby agree that you would deliver the rewards to each Supporter on the date mentioned while creating the project.
13.4You agree to indemnify us for any loss or damage that we may suffer or incur as a result of your failure to adhere to these Terms and Conditions or failure to deliver any rewards to Supporters or for any loss or damage suffered or incurred by Supporters through use of their reward.

14.FEES

14.1Project Fee is Jaribha's fee; which is 10%. We take a project fee when the project is successful. It is 10% of the total amount funded.
14.2The Processing Fee is 3%. We deduct this fee from the supporter in the case the project is unsuccessful. This will be deducted from the supporter amount before the refund is made back to the supporter.

15.DATA PROTECTION

15.1Data supplied by you when creating an account and using our site will be stored and processed in accordance with our Privacy Policy.

16.WRITTEN COMMUNICATIONS

16.1Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.

17.NOTICES

17.1All notices given by you to us must be given to [Zano General Trading and Contracting Company] at [Zano General Trading and Contracting Company P.O. Box 404 Dasman Code 13014 Kuwait OR support@jaribha.com]. We may give notice to you at either the e-mail or postal address you provide to us when creating an account or by posting a notice on our site. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

18.TRANSFER OF RIGHTS AND OBLIGATIONS

18.1The contract between us is binding on us and on our respective successors and assignees.
18.2You may not transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it, without our prior written consent.
18.3We may transfer, assign, charge, sub-contract or otherwise dispose of this Contract, or any of our rights or obligations arising under it, at any time.

19.EVENTS OUTSIDE OUR CONTROL

19.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Contract that is caused by events outside our reasonable control (Force Majeure Event).
19.2A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
  • strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • impossibility of the use of public or private telecommunications networks or failure of the Internet, data centres, power surges or failures;
  • Communication errors, going offline for reasons beyond our control;
  • any failure of performance of the Services due to the third party payment processor;
  • the acts, decrees, legislation, regulations or restrictions of any government; and
  • pandemic or epidemic.
19.3Our performance under this Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

20.WAIVER

20.1If we fail, at any time, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
20.2A waiver by us of any default will not constitute a waiver of any subsequent default.
20.3No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Notices clause 19 above.

21.SEVERABILITY

21.1If any court or competent authority decides that any of the provisions of these Terms and Conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

22.ENTIRE AGREEMENT

22.1These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of this Contract.
22.2We each acknowledge that, in entering into this Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them.
22.3Each of us agrees that our only liability in respect of those representations and warranties that is set out in these Terms and Conditions (whether made innocently or negligently) will be for breach of contract.

23.OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

23.1We have the right to revise and amend these Terms and Conditions from time to time.

24.LAW AND JURISDICTION

24.1These Terms and Conditions shall be governed by and construed in accordance with Kuwait law. Disputes arising in connection with these Terms and Conditions  (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the Kuwait courts. Notwithstanding the above, you hereby acknowledge Jaribha's exclusive right to pursue any legal means necessary to obtain judgments, orders, raise claims or execute decree using any applicable law or jurisdiction.

25.THIRD PARTY RIGHTS

25.1A person who is not party to this Contract shall not have any rights under or in connection with them.

Preamble - Important Information

Please read the following Terms and Conditions describing important legal and risk information about material contained in this website which Jaribha may, without notice, change.

Your accessing this website represents your agreement to be bound by the terms below. If you do not agree to such terms, you should exit the website. Jaribha has designed this information page to prevent unsuitable categories of Creators or Supporters from accessing the website and to prevent the improper use of website materials and services. Jaribha cannot be responsible for any misrepresentations you may make in order to gain access to restricted parts of this website. Nothing contained in this website represents an offer of product or services by Jaribha, nor specific investment advice on which any supporter should act. No guarantee is given or intended as to the completeness, timeliness, or adequacy of the information provided from the Creators.

The information given on this website does not constitute personal recommendations, advice, offer, invitation to acquire an investment, investment advice, fund offering. The information is provided for individual information purposes only and should therefore not be relied upon by any person in any jurisdiction where such an offer or invitation would be unlawful.

This website may contain or be linked to advice or statements of third parties. We make no representation as to the accuracy, completeness, timeliness, or suitability of such information, and we have not and will not review or update such information and caution you that any use made of such information is at your own risk. Some of the information contained on this website may also have been prepared or provided by third parties and may not have been verified by us. We hereby exclude any liability arising out of any preparation or provision of such information for the website and make no warranty as to the accuracy, suitability or completeness of any such information.

These terms (together with the documents referred to in them) sets out the Terms and Conditions on which we provide our services (Services) via our website https://www.jaribha.com (our site) to you. Please read these Terms and Conditions carefully and make sure that you understand them, before registering to use our site. You should understand that by registering to use our site, you agree to be bound by these Terms and Conditions.

You should print a copy of these Terms and Conditions for future reference.

1.PREAMBLE

1.1The above preamble shall be deemed to constitute an integral part of these Terms and Conditions, which shall be construed accordingly.

2.INFORMATION ABOUT US

2.1We operate the website https://www.jaribha.com. We are [Zano General Trading and Contracting Company WLL], a company registered in [KUWAIT] and with our registered office at [Zano General Trading and Contracting Company P.O. Box 404 Dasman Code 13014 Kuwait.].

3.YOUR STATUS

3.1By registering to use our site, you warrant that:
  • you are legally capable of entering into binding contracts; and
  • you are at least 18 years old;
3.2By registering to use our site you become a "member" and gain access to certain features including the ability to view our profile of Creator's projects (projects) and support such projects.
3.3Our Services are intended solely for users who are 18 years of age or older and any registration, use or access to the Services by anyone under 18 is unauthorised and a breach of these Terms and Conditions. We may terminate your account, delete any content or information that you have posted on our site and/or prohibit you from using or accessing our site or the Services in the event that we believe that you are under 18.

4.HOW THE CONTRACT IS FORMED

4.1After submitting your details in order to register with our site, we will confirm such acceptance to you by sending you an e-mail that confirms that your registration has been successful (Welcome to Jaribha). The contract between us (Contract) will only be formed when you have successfully signed up and logged in.
4.2We reserve the right to require additional information before processing your registration.

5.CREATING AN ACCOUNT

5.1It is free to create an account in order to browse our site and support projects.

6.SUPPORTING A PROJECT

6.1In order to support a project, you must choose one of the rewards on the Creator's project page. You will then see the amount you wish to contribute and the reward you choose (see 'Rewards' section below). You will then be directed through the required payment process.
6.2Your support will be deemed accepted once the payment process has been completed satisfactorily. Once your payment is completed, you may not receive a refund only if and when the project unsuccessfully reaches its goal. Refunds will be received within 1-4 weeks.
6.3Please read our Learn How it works guidance before you proceed with your support and ensure that you have carried out your own sufficient due diligence on the Creator and the project before making your support
6.4Contributions must be made by credit or debit card by using one of the following:
  • Visa
  • Master Card
  • Knet
6.5You acknowledge and agree that we will deduct a 10% fee from the project's total contributions before it is transferred to the Creator if the project's goal is successfully reached (Project Fee).
6.6You may support any project that you choose. There is no limit on the amount that you may contribute or the number of projects that you may contribute to.
6.7Each Creator has a period in which their project must reach its goal. This will be displayed on the Creator's project page. In the event that the Creator does not reach its goal within the stated period, the project will be deemed unsuccessful and your contribution will be returned to you minus the processing fee.
6.8It is solely your choice to support a project. You understand that supporting a project does not give you automatic rights in or to that project.
6.9The Creator is free to solicit support for its project through the site from other registered members and to enter into contracts, allocate rights in, or to, the project and otherwise direct the project, in its sole discretion.
6.10We do not guarantee the outcome of any project.
6.11Subject to 6.7 above, we do not issue refunds once your contribution has been completed.
6.12You agree that all contributions made by you are at your own risk.
6.13You may share your contribution on any social media website that you choose although we reserve the right to request that you remove any social media postings that you make in the event that we do not approve of such posting or it is in breach of these terms or any of our other Terms and Conditions.

7.REWARDS

7.1Each Creator will list the rewards available to you the Supporter on its project page. You must select your chosen reward at the time you make your contribution.
7.2In order to receive your reward we will supply you with the Creator's contact information and give the Creator your contact information.
7.3The Creator will deliver your chosen reward on the estimated date, which is shown on the Creator's project page.
7.4It is the responsibility of the Creator to fulfil the promise of a reward and we do not accept any liability in respect of rewards that you receive or in respect of any failure of the Creator to deliver your reward.
7.5We have no responsibility for the delivery, standard, quality or otherwise of any rewards received.
7.6The date listed on each reward is the Creator's estimate of when they will provide the reward - not a guarantee to fulfil by that date. The schedule may change as the Creator works on the project. We ask Creators to think carefully, set a date they feel confident they can work toward, and communicate with Supporters about any changes.

8.SUSPENSION AND TERMINATION OF YOUR ACCOUNT

8.1We may permanently or temporarily terminate your account or suspend or otherwise refuse to permit you access to our site if:
  • attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running our site;
  • take any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; or
  • interfere with the proper working of our site.

9.HOW TO CANCEL YOUR ACCOUNT

9.1To cancel your account you must contact us by email support@jaribha.com
9.2You cannot cancel your account when your project is live or when you have any pending transactions.

10.DISCLAIMERS AND WARRANTIES

10.1In addition to the warranties and disclaimers included in the Preamble above, you acknowledge and agree that:
  • we cannot advise on the merits or risks of any particular project.
  • your use of our site is at your sole risk. The service through our site is provided on an 'AS IS' and 'AS AVAILABLE' basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranty of fitness for a particular purpose.
  • we make no warranty (i) our Service will meet your requirements; (ii) our site will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of our Service will be accurate or reliable; (iv) that the quality of our Service or information obtained through our site will meet your expectations; (v) on the Creator's performance; and (vi) that after receiving the goal amount the project will be a success or will come into fruition.
  • any material downloaded or otherwise obtained through our site is done at your sole discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material.
  • no advice or information, whether oral or written, obtained by you from our site shall create any warranty.
10.2You understand that any information posted on our site will go through a moderation process once approved it will be published on the site. Reliance on any information for the purpose of supporting a project may expose you to a significant risk of losing all of your contribution.

11.OUR LIABILITY

11.1We are not liable for any damages or losses related to your use of the services. We don't become involved in disputes between users, or between users and any third party relating to the use of the services. We don't oversee the performance or punctuality of projects, and we don't endorse any content users submit to the Site. When you use the services, you release us from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the services. All content you access through the services is at your own risk. You're solely responsible for any resulting damage or loss to any party.
11.2We will not be liable to you, whether in contract, or breach of statutory duty or otherwise for any:
  • loss of support, investment, contribution or funding;
  • loss of income or revenue;
  • loss of business;
  • loss of profits;
  • loss of anticipated savings;
  • loss of data; or
  • waste of management or office time.
11.3You acknowledge and agree that we shall not be liable to you for any direct, indirect, special, incidental or consequential losses arising directly or indirectly from your reliance on any information or material found on our site to make any personal, medical, legal, tax, accounting, investment or financial decisions.
11.4You acknowledge and agree that we shall not be liable for any direct, indirect, incidental, special, consequential loss or damages, including, but not limited to, loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of such losses) resulting from:
  • the use, or the inability to use, our site;
  • unauthorised access to or use of your data;
  • statements or conduct of any third party on the site;
  • any agreement, understanding, investment or relationship you enter into with any Creator or any other person or entity with whom you have been put in contact with through our site; or
  • any other matter relating to our Services or our site.
11.5Our site is provided as a promoting and matching tool only to allow you to search for potential projects to contribute. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available through our site, and shall not be responsible or liable for any strategy or trading decisions you make or for any contributions made by you based on such information.
11.6In no event shall our total liability to you under these Terms and Conditions exceed the sum of $30(USD).
11.7Responsibility for finishing a project lies entirely with the project Creator. Jaribha doesn't hold contributions on Creators' behalf and cannot guarantee Creators' work.

12.YOUR ACCOUNT AND OBLIGATIONS

12.1In order to create, support or Sponsor a project on our site, you must create an account. It is free to create an account. You are responsible for maintaining the confidentiality of your password and account. We have the right to disable any user password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions. Please ensure that you exit from your account at the end of each session.
12.2You are not permitted to use another user's account without prior permission from such user.
12.3When creating an account you must provide accurate and complete information. You are responsible for maintaining and promptly updating such information to keep it true, accurate, current and complete. If you provide any information in contravention of this requirement, or we have reasonable grounds to suspect that such information is in contravention of this requirement, we have the right to suspend or terminate your account and refuse any and all current or future use of our site.
12.4You can manage your account by visiting the ['Portfolio'] page on our site.
12.5ou are solely responsible for the activity that occurs under your password and/or account. You must notify us immediately of any breach of security or unauthorised use of your password and/or account. You shall be solely liable for any loss we, or others, incur due to such unauthorised use.
12.6You can access your account to view, amongst other things, certain statistics. For example, the value of contributions made by you since creating the account and the total amount of contributions towards successfully supported and unsuccessfully supported projects.
12.7You shall be solely responsible for any content you post on our site. You warrant and represent that your content and, where applicable, our use thereof will not infringe any rights of any third party.
12.8You accept total responsibility for any agreement, understanding or relationship you enter into with any Creator or other third parties or any contributions made, through the use of our site. Further, you acknowledge and agree that we do not endorse any Creator and that we will not be liable for any claims of any nature arising or resulting from any agreement, understanding or relationship concluded, agreed, made or established between you and any Creator nor any contributions made by you.
12.9You acknowledge and agree that:
  • our site is designed as a promoting and marketing tool only and that we are not engaged in rendering, nor are we representing ourselves as rendering, legal, tax, financial, accounting, medical or other professional advice or opinions of any nature whatsoever to you;
  • it is your own responsibility to obtain independent legal, tax, financial, accounting, medical or other professional advice with respect to any contributions made by you based on any of the material, information or strategies presented on our site. Further, it is highly recommended that you take adequate time to review and evaluate whatever material or information received, with independent advisors you deem appropriate.
12.10On registering to use our site you will be given an option to receive our newsletter. If you opt-in to receiving the newsletter you are able to later unsubscribe from receiving the newsletter at any time by going to your account settings.
12.11You understand that by using our site, you may be exposed to content and/or material that is objectionable. Under no circumstances will we be liable in any way for any content and/or material including, but not limited to, any errors or omissions in any content and/or material or for any loss or damage of any kind incurred as a result of the use of any content and/or material posted, emailed, transmitted or otherwise made available through our site.
12.12You agree that you must evaluate and bear all risks associated with the use of any content and/or material, including any reliance on the accuracy, completeness or usefulness of such content and/or material. You acknowledge that you may not rely on any content and/or material created by us or submitted to us, including, without limitation, information on any message boards and on any other part of our site.
12.13You agree to indemnify, and hold us harmless, against all liabilities, costs, expenses, damages and losses (including direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any claim made by any third party or Creator arising out of any of your acts or omissions when using our site.
12.14We shall not be liable for any loss or damages incurred as a result of your failure to comply with this clause 12.
12.15You understand and agree that we reserve these rights:
  • we can make changes to the site and Services without notice or liability.
  • we have the right to decide who's eligible to use the site. We can cancel accounts or decline to offer our Services. (Especially if you're abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use this site in that jurisdiction.
  • we have the right to cancel any contribution to any project, at any time and for any reason that we think is not legal.
  • we have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.

13.OUR INTELLECTUAL PROPERTY

13.1Our Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
13.2We grant you a license to reproduce content from the Services for personal use only. This license covers both our own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sub licensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from us or the relevant copyright holder. A "commercial purpose" means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

14.FEES

14.1Project Fee is Jaribha's fee; which is 10%. We take a project fee when the project is successful. It is 10% of the total amount funded.
14.2The Processing Fee is 3%. We deduct this fee from the supporter in the case the project is unsuccessful. This will be deducted from the supporter amount before the refund is made back to the supporter.

15.DATA PROTECTION

15.1Data supplied by you when creating an account and using our site will be stored and processed in accordance with our Privacy Policy

16.WRITTEN COMMUNICATIONS

16.1Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.

17.NOTICES

17.1All notices given by you to us must be given to [Zano General Trading and Contracting Company WLL] at [Zano General Trading and Contracting Company WLL P.O. Box 404 Dasman Code 13014 Kuwait]. We may give notice to you at either the e-mail or postal address you provide to us when creating an account or by posting a notice on our site. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

18.TRANSFER OF RIGHTS AND OBLIGATIONS

18.1The contract between us is binding on us and on our respective successors and assignees.
18.2You may not transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it, without our prior written consent.
18.3We may transfer, assign, charge, sub-contract or otherwise dispose of this Contract, or any of our rights or obligations arising under it, at any time.

19.EVENTS OUTSIDE OUR CONTROL

19.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Contract that is caused by events outside our reasonable control (Force Majeure Event).
19.2A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
  • strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • impossibility of the use of public or private telecommunications networks or failure of the Internet, data centres, power surges or failures;
  • communication errors, going offline for reasons beyond our control;
  • any failure of performance of the Services due to the third party payment processor;
  • the acts, decrees, legislation, regulations or restrictions of any government;
  • pandemic or epidemic;
  • any acts or omissions of suppliers or other causes beyond Jaribha's control, whether or not similar to the foregoing.
19.3Our performance under this Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

20.WAIVER

20.1If we fail, at any time, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
20.2A waiver by us of any default will not constitute a waiver of any subsequent default.
20.3No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Notices clause 16 above.

21.SEVERABILITY

21.1If any court or competent authority decides that any of the provisions of these Terms and Conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

22.ENTIRE AGREEMENT

22.1These Terms and Conditions together with our terms of website use and privacy policy (and any documents expressly referred to in them) constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of the Contract.
22.2We each acknowledge that, in entering into the Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them.
22.3Each of us agrees that our only liability in respect of those representations and warranties that is set out in this agreement (whether made innocently or negligently) will be for breach of contract.

23.OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

23.1We have the right to revise and amend these Terms and Conditions from time to time. Any changes we may make to these Terms and Conditions in the future will be posted on this page. Please check regularly for updates

24.LAW AND JURISDICTION

24.1These Terms and Conditions shall be governed by and construed in accordance with Kuwait law. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the Kuwait courts. Notwithstanding the above, you hereby acknowledge Jaribha's exclusive right to pursue any legal means necessary to obtain judgments, orders, raise claims or execute decree using any applicable law or jurisdiction.

25.THIRD PARTY RIGHTS

25.1A person who is not party to these Terms and Conditions shall not have any rights under or in connection with them.

Preamble - Important Information

Please read the following Terms and Conditions describing important legal and risk information about material contained in this website which Jaribha may, without notice, change.

Your accessing this website represents your agreement to be bound by the terms below. If you do not agree to such terms, you should exit the website. Jaribha has designed this information page to prevent unsuitable categories of Creators or Supporters from accessing the website and to prevent the improper use of website materials and services. Jaribha cannot be responsible for any misrepresentations you may make in order to gain access to restricted parts of this website. Nothing contained in this website represents an offer of product or services by Jaribha, nor specific investment advice on which any Supporter should act. No guarantee is given or intended as to the completeness, timeliness, or adequacy of the information provided from the Creators.

The information given on this website does not constitute personal recommendations, advice, offer, invitation to acquire an investment, investment advice, fund offering. The information is provided for individual information purposes only and should therefore not be relied upon by any person in any jurisdiction where such an offer or invitation would be unlawful.

This website may contain or be linked to advice or statements of third parties. We make no representation as to the accuracy, completeness, timeliness, or suitability of such information, and we have not and will not review or update such information and caution you that any use made of such information is at your own risk. Some of the information contained on this website may also have been prepared or provided by third parties and may not have been verified by us. We hereby exclude any liability arising out of any preparation or provision of such information for the website and make no warranty as to the accuracy, suitability or completeness of any such information.

These terms (together with the documents referred to in them) sets out the Terms and Conditions on which we provide our sevices via our website https://www.jaribha.com (our site) to you. Please read these Terms and Conditions carefully and make sure that you understand them, before registering to use our site. You should understand that by registering to use our site, you agree to be bound by them.

You should print a copy of these Terms and Conditions for future reference.

Please click on the button marked "I Accept" at the end of these Terms and Conditions if you accept them. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to register as a Sponsor on our site.

We reserve the right, at all times, to monitor your website to determine if you are complying with these Terms and Conditions.

This is a non-exclusive arrangement and we may enter into similar contracts with other parties.

1.PREAMBLE

1.1The above preamble shall be deemed to constitute an integral part of this agreement, which shall be construed accordingly.

2.INFORMATION ABOUT US

2.1We operate the website https://www.jaribha.com. We are [Zano General Trading and Contracting Company W.L.L.], a company registered in [KUWAIT] and with our registered office at [Zano General Trading and Contracting Company W.L.L. P.O. Box 404 Dasman Code 13014 Kuwait.].

3.YOUR STATUS

3.1By registering to use our site, you warrant that:
  • you are legally capable of entering into binding contracts; and
  • you are at least 18 years old;
3.2By registering to use our site you become a "member" and gain access to certain features including the ability to Sponsor various projects.
3.3Our Services are intended solely for users who are 18 years of age or older and any registration, use or access to the Services by anyone under 18 is unauthorised and a breach of these Terms and Conditions. We may terminate your account, delete any content or information that you have posted on our site and/or prohibit you from using or accessing our site or the Services in the event that we believe that you are under 18.

4.HOW THE CONTRACT IS FORMED

4.1After submitting your details in order to register with our site, we will confirm such acceptance to you by sending you an e-mail that confirms that your registration has been successful (Welcome to Jaribha). The contract between us (Contract) will only be formed when you have successfully signed up and logged in.
4.2We reserve the right to require additional information from you before processing your registration.

5.CREATING AN ACCOUNT

5.1It is free to register and create an account. Once you create an account you may Sponsor and support a project.

6.SPONSORING A PROJECT

6.1As a Sponsor, we will make available, via our site, certain links (links) subject to these Terms and Conditions. The links will establish a link from our site to your website.
6.2If you would like your logo to be posted on a Creator's project page you must click on the desired Sponsor box and then you will go through the payment portal to pay the non-refundable fee to Jaribha (Jaribha Sponsor fee) as well as the predetermined fee to the Creator (Creator Sponsor fee). Our fees are detailed in the How it works section on our site. They may change from time to time.
6.3Sponsoring a project requires all Sponsors to pay a non-refundable fee to us
6.4Sponsoring a project also requires all Sponsors to pay a Creator Sponsor fee, The fee paid to the Creator is refundable if and when the Creator's project unsuccessfully reaches its goal.
6.5A Sponsor can Sponsor more than one project at the same time.
6.6The payment must be made by credit or debit card by using one of the following:
  • Visa
  • Master Card
  • Knet
6.7You are responsible for each transaction you make, including but not limited to Creator Sponsor fees and Jaribha Sponsor fees.
6.8We do not guarantee the outcome of any project.
6.9The Creator is free to solicit support for its project through the site from other registered members and to enter into contracts, allocate rights in, or to, the project and otherwise direct the project, in its sole discretion.
6.10It is solely your choice to Sponsor a project. You understand that sponsoring a project does not give you automatic rights in or to that project.
6.11Each Creator has a period in which their project must reach its goal. This will be displayed on the Creator's project page. In the event that the Creator does not reach its goal within the stated period, the project will be deemed unsuccessful and your Creator Sponsor fee will be refunded. The Creator Sponsor fee will be returned to you minus any wire transfer fees.
6.12You may Sponsor any project that you choose. There is no limit on the number of projects that you may Sponsor.
6.13You acknowledge and agree that we use a third party payment processor to manage and process fees made by you. We shall not be liable for any contributions you make through our site or for any losses you suffer due to the fault of our designated third party payment processors.
6.14You agree that all Sponsorships are done at your own risk
6.15For more information on how to support a project, please refer to Supporters Terms and Conditions

7.OUR RIGHTS

7.1We may change, suspend or discontinue any aspect of your qualifying Sponsorship or remove, alter or modify any graphic or banner ad submitted by you, at any time and in our sole discretion. You agree to promptly implement any request from us to remove, alter or modify any graphic or banner ad that is being used by you.
7.2The position of your link(s) on our site will be at our discretion.

8.INTELLECTUAL PROPERTY RIGHTS

8.1You shall own and shall retain all right, title and interest in your names, logos, trademarks, service marks, copyright and all other intellectual property rights used to promote your qualifying Sponsorship on our site unless otherwise decided by us.
8.2[Subject to you abiding by these Terms and Conditions, we grant you a non-exclusive, irrevocable licence to use, reproduce and transmit our name, logos, trademarks or other intellectual property rights belonging to us which we allow you to use solely for the purpose of this contract. You must not copy, distribute, modify, reverse engineer or create derivative works of any of our intellectual property rights nor sublicense, assign or transfer any such licences for the use of our intellectual property rights to any third party].
8.3We retain all right, title and interest in any intellectual property rights belonging to us that we licence to you under clause 8.2. Nothing in these terms shall be construed as assigning any of our intellectual property rights to you.

9.SUSPENSION AND TERMINATION OF YOUR ACCOUNT

9.1We may permanently or temporarily terminate your account or suspend or otherwise refuse to permit you access to our site if:
  • you commit a breach of any of these Terms and Conditions;
  • you commit any conduct that may amount to a criminal offence;
  • you breach any of the following prohibited actions:
    • attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running our site;
    • take any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
    • impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; or
    • interfere with the proper working of our site.
  • you inappropriately advertise your qualifying Sponsorship including, but not limited to, false claims and misleading hyperlinks;
  • you carry out any illegal spamming;
  • you advertise on any websites containing or promoting illegal activities;
  • you violate any of our intellectual property rights or those belonging to a third party;
  • you are unable to establish a link from our site to your website; or
  • you bring our reputation into disrepute.

10.HOW TO CANCEL YOUR ACCOUNT

10.1To cancel your account you must contact us by email support@jaribha.com
10.2[If you have pending transactions with any of our users, you will not be able to delete your account].

11.DISCLAIMERS AND WARRANTIES

11.1In addition to the warranties and disclaimers included in the Preamble above you acknowledge and agree that:
  • We cannot advice on the merits or risks of any particular project.
  • Your use of our site is at your sole risk. The service through our site is provided on an 'AS IS' and 'AS AVAILABLE' basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranty of fitness for a particular purpose.
  • We make no warranty that (i) our service will meet your requirements; (ii) our site will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of our service will be accurate or reliable; and (iv) that the quality of our service will meet your expectations (v) and on the Creator's performance
  • Any material downloaded or otherwise obtained through our site is done at your sole discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material.
  • No advice or information, whether oral or written, obtained by you from our site shall create any warranty.
11.2If you Sponsort a project, you understand that any information posted on our site has not been approved by an authorised person. Reliance on any information for the purpose of sponsoring a project may expose you to a significant risk of losing all of your paid fees.

12.OUR LIABILITY

12.1We aren't liable for any damages or losses related to your use of the Services. We don't become involved in disputes between users, or between users and any third party relating to the use of the Services. We don't oversee the performance or punctuality of projects, and we don't endorse any content users submit to the Site. When you use the Services, you release us from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You're solely responsible for any resulting damage or loss to any party.
12.2We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any:
  • loss of income or revenue;
  • loss of support, investment, contribution or funding
  • loss of business;
  • loss of profits;
  • loss of anticipated savings;
  • loss of data; or
  • waste of management or office time.
12.3We have no responsibility for the delivery, standard, quality or otherwise of any goods or services supplied by you to our Supporters and you agree that each transaction you enter into with our Creators is your sole responsibility.
12.4You acknowledge and agree that we shall not be liable to you for any direct, indirect, special, incidental or consequential losses arising directly or indirectly from your reliance on any information or material found on our site to make any personal, medical, legal, tax, accounting, investment or financial decisions.
12.5You acknowledge and agree that we shall not be liable for any direct, indirect, incidental, special, consequential loss or damages, including, but not limited to, loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of such losses) resulting from:
  • the use, or the inability to use, our site;
  • unauthorised access to or use of your data;
  • statements or conduct of any third party on the site;
  • any agreement, understanding, investment or relationship you enter into with any Creator or any other person or entity with whom you have been put in contact with through our site; or
  • any other matter relating to our services or our site.
12.6In no event shall our total liability to you under these Terms and Conditions exceed the sum of KD 10.
12.7Our site is provided as a platform only to allow you to search for potential projects to contribute. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available through our site, and shall not be responsible or liable for any strategy or trading decisions you make or for any contributions made by you based on such information.

13.INDEMNITY

13.1You shall indemnify us against all liabilities, costs, expenses, damages and losses (including, but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with:
  • Any breach or negligent performance or non-performance of these terms or any transaction with a Creator;
  • Any claim made against us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the placing of your qualified Sponsor on our site; and
  • Any claim made against us by a third party, including, but not limited to, any of our Creators, to the extent that such claim arises out of your use of our site to promote our projects.

14.YOUR ACCOUNT AND OBLIGATIONS

14.1In order to browse our site and submit proposed Sponsorship to a project you must create an account. It is free to create an account. You are responsible for maintaining the confidentiality of your password and account. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions. Please ensure that you exit from your account at the end of each session.
14.2When creating an account you must provide accurate and complete information. You are responsible for maintaining and promptly updating such information to keep it true, accurate, current and complete. If you provide any information in contravention of this requirement, or we have reasonable grounds to suspect that such information is in contravention of this requirement, we have the right to suspend or terminate your account and refuse any and all current or future use of our site.
14.3You can manage your account including the number of projects sponsored by you, by visiting the ['Portfolio'] page on our site.
14.4You are solely responsible for the activity that occurs under your password and/or account. You must notify us immediately of any breach of security or unauthorised use of your password and/or account. You shall be solely liable for any loss we, or others, incur due to such unauthorised use.
14.5You can access your account to view, amongst other things, certain statistics. For example, the total Sponsorships towards successfully and non-successfully supported projects.
14.6You may not use your account for activities that:
  • infringe any law or regulation;
  • relate to sales of:
    • any prohibited or regulated items;
    • narcotics or other certain controlled substances or products that present a risk to consumer safety;
    • drug paraphernalia;
    • items that encourage, promote, facilitate or instruct others to engage in illegal activity;
    • items that promote hate, violence or racial intolerance;
    • items that are considered obscene;
    • items that infringe any copyright, trademark or any other proprietary right under the laws of any jurisdiction;
    • certain sexually orientated materials or services;
    • ammunition, firearms or certain firearm parts; or
    • certain weapons or knives regulated under applicable law.
The above list is not exhaustive. We reserve the right to terminate your account with immediate effect.
14.7You warrant and represent that any images, logos or other intellectual property that you place on our site, or ask us to place on our site on your behalf, will not infringe any rights of any third party.
14.8You accept total responsibility for any agreement, understanding or relationship you enter into with any Creator or other third parties or any Sponsorships made, through the use of our site. Further, you acknowledge and agree that we do not endorse any Creator and that we will not be liable for any claims of any nature arising or resulting from any agreement, understanding or relationship concluded, agreed, made or established between you and any Creator nor any Sponsorships made by you.
14.9You acknowledge and agree that:
  • our site is designed as a promoting and marketing tool only and that we are not engaged in rendering, nor are we representing ourselves as rendering, legal, tax, financial, accounting, medical or other professional advice or opinions of any nature whatsoever to you;
  • it is your own responsibility to obtain independent legal, tax, financial, accounting, medical or other professional advice with respect to any contributions made by you based on any of the material, information or strategies presented on our site. Further, it is highly recommended that you take adequate time to review and evaluate whatever material or information received, with independent advisors you deem appropriate.
14.10On registering to use our site you will be given an option to receive our newsletter. If you opt-in to receiving the newsletter you are able to later unsubscribe from receiving the newsletter at any time by following the instructions provided to you when receiving the newsletter.
14.11You understand that by using our site, you may be exposed to content and/or material that is objectionable. Under no circumstances will we be liable in any way for any content and/or material including, but not limited to, any errors or omissions in any content and/or material or for any loss or damage of any kind incurred as a result of the use of any content and/or material posted, emailed, transmitted or otherwise made available through our site.
14.12You agree that you must evaluate and bear all risks associated with the use of any content and/or material, including any reliance on the accuracy, completeness or usefulness of such content and/or material. You acknowledge that you may not rely on any content and/or material created by us or submitted to us, including, without limitation, information on any message boards and on any other part of our site.
14.13You agree to indemnify, and hold us harmless, against all liabilities, costs, expenses, damages and losses (including direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any claim made by any third party, Creator or Supporter arising out of any of your acts or omissions when using our site.
14.14We shall not be liable for any loss or damages incurred as a result of your failure to comply with this clause 14.
  • we can make changes to the site and Services without notice or liability;
  • we have the right to decide who's eligible to use the site. We can terminate accounts or decline to offer our Services. (Especially if you're abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use this site in that jurisdiction;
  • we have the right to cancel any Sponsorship to any project, at any time and for any reason;
  • we have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.

15.OUR INTELLECTUAL PROPERTY

15.1Our Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
15.2We grant you a license to reproduce content from the Services for personal use only. This license covers both our own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sub licensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from us or the relevant copyright holder. A "commercial purpose" means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

16.DATA PROTECTION

16.1If applicable, any personal data supplied by you when creating an account and using our site will be stored and processed in accordance with our Privacy Policy.

17.WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.

18.NOTICES

All notices given by you to us must be given to [Zano General Trading and Contracting Company WLL] at [Zano General Trading and Contracting Company WLL P.O. Box 404 Dasman Code 13014 Kuwait]. We may give notice to you at either the e-mail or postal address you provide to us when creating an account or by posting a notice on our site. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

19.TRANSFER OF RIGHTS AND OBLIGATIONS

19.1The contract between us is binding on us and on our respective successors and assignees.
19.2You may not transfer, assign, charge or otherwise dispose of this contract, or any of your rights or obligations arising under it, without our prior written consent.
19.3We may transfer, assign, charge, sub-contract or otherwise dispose of this contract, or any of our rights or obligations arising under it, at any time.

20.EVENTS OUTSIDE OUR CONTROL

20.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract that is caused by events outside our reasonable control (Force Majeure Event).
20.2A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
  • strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • impossibility of the use of public or private telecommunications networks or total failure of the Internet, data centres, power surges or failures;
  • Communication errors, going offline for reasons beyond our control;
  • any failure of performance of the services due to the third party payment processor;
  • the acts, decrees, legislation, regulations or restrictions of any government; and
  • pandemic or epidemic.
  • any acts or omissions of suppliers or other causes beyond Jaribha's control, whether or not similar to the foregoing.
20.3Our performance under this contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

21.WAIVER

21.1If we fail, at any time, to insist upon strict performance of any of your obligations under the contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
21.2A waiver by us of any default will not constitute a waiver of any subsequent default.
21.3No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 21 above.

22.SEVERABILITY

If any court or competent authority decides that any of the provisions of these Terms and Conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

23.ENTIRE AGREEMENT

23.1These Terms and Conditions together with our Privacy Policy (and any documents expressly referred to in them) constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of the contract.
23.2We each acknowledge that, in entering into the contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them.
23.3Each of us agrees that our only liability in respect of those representations and warranties that is set out in this agreement (whether made innocently or negligently) will be for breach of contract.

24.OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

24.1We have the right to revise and amend these Terms and Conditions from time to time. Any changes we may make to these Terms and Conditions in the future will be posted on this page. Please check regularly for updates

25.NO PARTNERSHIP OR AGENCY

25.1Nothing in these terms is intended to, or shall be deemed to, establish any partnership or joint venture between us nor constitute either of us the agent of the other, nor authorise either of us to make or enter into commitments for or on behalf of the other.

26.LAW AND JURISDICTION

These Website Terms shall be governed by and construed in accordance with Kuwait law. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the Kuwait courts. Notwithstanding the above, you hereby acknowledge Jaribha's exclusive right to pursue any legal means necessary to obtain judgments, orders, raise claims or execute decree using any applicable law or jurisdiction.

27.THIRD PARTY RIGHTS

A person who is not party to these Terms and Conditions shall not have any rights under or in connection with them.

Project Sponsors