User Agreement & Privacy Policy

Welcome to the User Agreement (the “Agreement” or “User Agreement”) of Qasemti Web Design & Ecommerce Company. This Agreement sets forth the terms and conditions applicable to your use of our services available within the domain and sub-domains of “Qasemti” application), if you do not agree to be bound by the terms and conditions of the Agreement, do not use or access our application or services.

You must read and agree to all terms and conditions of this Agreement and accept the User Agreement and Privacy Policy which includes the terms and conditions expressly set forth below and referenced, before becoming a member in Qasemti application, and by accepting this User Agreement, you also agree that the use of Qasemti application will be subject to the User Agreement and privacy policy set forth herein.

We may amend this Agreement at any time by posting the revised Terms on the Application except as mentioned below. All modified Terms will automatically take effect 30 days after their first posting on the Application. In addition, we will notify you inside the Application according to your preferred method of notification. This agreement shall be valid upon approval of registration for new registered users and shall also apply as of the date of 1/11/2021 to all users.

 

1.        Membership eligibility

Our services may be used by individuals who can enter into legally binding contracts under applicable laws only, and without limitation to the foregoing, our services are not available to children (persons under 18) or members who have been suspended temporarily or indefinitely as members of the Qasemti App. If you are under 18, you may use this Service under the supervision of your parents or guardians and if you are not eligible, please do not use our Application. Qasemti app account may not be transferred or sold (including Comments) and User ID to a third party, and if you are registered as a commercial company, you must acknowledge that you have the authority to bind your company to this agreement.

 

2.        Fees and Services

Creating an account in Qasemti App is free, we only charge upon providing one of the services available though our app. When you purchase any of our services available on the application, you have the opportunity to review and accept the fees for which you are charged, and these fees and payment policy are included in this agreement for reference, and we may change our fees and payment policy and fees for our services periodically, and changes we make to the policy after We notify you at least fourteen (14) days after the changes are made by posting the changes to the Application, however we may choose to change our fee and temporary payment policy and fees for our services on Promotional Events, and such changes will be effective when we post temporary promotional events on the Application. We may, upon our reasonable discretion, change some or all of our Services at any time, and in the event that we introduce a new service, that service fee will apply when that service is launched. Unless otherwise stated in the Agreement, all fees shall be paid in Kuwaiti Dinars and you are responsible for paying all fees in connection with the use of our Services.

 

3.        Your Data 

3.1.      We will collect and process your following data:

3.1.1. Data you provide to us (Provided Data): Your data which you provide to us by filling out forms when placing an order or by interviewing us (for example: by phone, e-mail or chat) and includes data you provide when registering to use the application, when downloading or registering the application or when subscribing in any of our Services or when you search for the Application or Service (purchase operations inside the app), (sharing data via social media of the Application) or (entering a contest, promotion or study) or (other activities jointly carried out in connection with the Application) or when you report a problem in the app or our services. If you contact us, we keep a record of those communications and the data you provide to us may include, but is not limited to, your name, civil ID, address, email address, phone number, IMEI number, age, username, password, other data, financial information, credit cards, personal data, and your photo.

3.1.2. Data we collect about you and your device: Every time you visit the app, we automatically collect the following data about you

a)   Technical Data: including but not limited to your mobile type, your UDID, IMEI number for your device, access control address of the medium of the device's wireless network interface or the mobile phone number used in the device, mobile network data, your mobile operating system, type of mobile browser you are using, time zone settings and other device information.

b)  Details of your use of the Application or of your visits to the Application including but not limited to traffic data, internet access data and other contact data necessary for our billing purposes or otherwise (sources you access and login information).

c)   Location Data: We also use GPS or other technical means to determine your current location. Some of our site services require your personal data in order to activate the site features. If you want to use a particular feature, you will be asked to consent to the use of your data for this purpose. You may cancel your consent at any time.

d)  Data we receive from other sources (Third Party Data): We work closely with third parties (including: business partners, subcontractors of technical services, payment and delivery services, advertising networks, analytics providers, search information providers, and credit reference agencies). We may inform you when we receive any information about you from them and the purposes we intend to achieve by using that information.

e)   Unique Application Numbers: When you install or uninstall a service that contains a unique application number or when that service searches for automatic updates, this number and installation information may be sent to us, for example, the type of operating system.

Disclaimer: We may combine any category of information with any other category of information and will treat the collected information as personal data in accordance with this policy for as long as it is combined.

3.1.3.     You agree that we may disclose your personal information to any member of our group, which includes our subsidiaries, our major holding company and its branches.

3.1.4.     It is agreed to disclose your personal data to third parties:

a)       When we buy or sell any business or assets, in such case we will disclose your personal data to the prospective seller or purchaser of such business or assets.

b)      If a third party acquires Qasemti Web Design & Ecommerce Company or acquires a large part of all of its assets, in this case the personal data we hold about the company's clients shall be considered one of the transferred assets.

c)       If we are obliged to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.

 

4.        Cookies

Our company uses cookies to distinguish you from other users of the Application and this helps us to provide you with a good experience when using the Application and also allows us to improve the Application. By agreeing to this Agreement, you agree to the use of Cookie Policy.

 

5.        Access and Interference

The application contains automatically excluded pages, much of the information on the site is subject to real-time update and is owned or licensed to the application by our users or third parties. You agree that you will not use any automatic exclusion, spider, web crawler or any other automated means to access Application for any purpose without our express written consent. Additionally, you agree that you will not:

(i)       take any action that, in our sole discretion, imposes an unreasonable or disproportionately large burden on our infrastructure or

(ii)     Copy, reuse, modify, create derivative works, distribute or display any public content (other than your personal data) from the Application without the express prior written consent of the Qasemti application and from third party as necessary or

(iii)    Interfere or attempt to interfere with the proper usage of the Application or any activities used in the Application or (iv) surpass our automated page exclusion or other measures we may use to prevent or restrict access to the Application.

6.        Breach

Without prejudice to other remedies, we may limit your activity, promptly warn our group about your actions, issue a warning, suspend or terminate your membership temporarily or indefinitely and refuse to provide our services to you if:

(a)     you breach this Agreement or the documents it contains for reference; or

(b)     we are unable to verify or document any information you provide to us or

(c)     if we believe that your actions could cause financial loss or legal liability to you, our users or us.

7.        Privacy

We do not provide or sell your personal information to third parties for their marketing purposes without your express consent. We use your information only as described in this Policy, and we consider the protection of users' privacy a very important principle to our group, and we clearly understand that you and your information are among our most important assets, and we store and process your information on the computers in Qasemti and on cloud that are protected by Security, physical and technical devices, and we use third parties to verify and certify our Privacy Principles.

 

8.        Limit of Liability

8.1.  In no event shall we, our affiliates, officers, directors, employees or suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with this application including negligence

8.2.  It is understood and expressly agreed upon by the user that Qasemti application is just a technology-based application and platform for the purpose of easy purchase of construction materials or services, and it mediates and undertakes all the services provided through Qasemti application or purchased through this platform, and the user knows and accepts that Qasemti application and Qasemti Web Design & Ecommerce Company will never be part of any claims that the user may bring against its service providers.

8.3.  Under any circumstances, we shall not be liable for any damages that may result from your use of the services provided by us during the service providers' provision of their services, so we always advise you to exercise the utmost care and caution when dealing directly with service providers.

 

9.        Cancelation and refund

9.1.  The user may, at any time before the service provider provides his services to him, submit a request to cancel his service through Qasemti application, and Qasemti Web Design & Ecommerce Company will automatically, through technical support, upon receipt of the cancellation request, cancel the request and inform the service provider of the user's desire to cancel.

9.2.  Qasemti Web Design & Ecommerce Company may charge a cancellation fee and provide notice of such fee by email or by phone to the user for his prior consent before the cancellation request is considered.

9.3.  The user has the right to get the remaining amount after deducting all such fees and it will be refunded to the user through the same payment method that was used by the user for payment.

10.     Indemnification

The User agrees to indemnify and hold us harmless or our parent company, subsidiaries, affiliates, directors, officers, agents, or any of our employees claim and lawsuit, including attorney fees paid by any other party because of or in connection with your breach of this Agreement or the documents it contains for reference or your breach of any law or the rights of a third party.

 

11.     No Agency 

You and Qasemti application are considered independent contractors, and there is no agency, partnership, solidarity, business entity, or franchise resulting from this agreement.

 

12.     Notices

Any notices must be sent to info@qasemti.com, and in the event the Qasemti application wants to provide you with notice, it will be sent to the email you provided in your contact details except as otherwise expressly provided in this Agreement.

 

13.     Disputes Settlement

Any disputes that arise as a result of this agreement or after its termination shall be governed by the provisions of the applicable laws in the state of Kuwait and shall be settled in Kuwaiti Courts.

 

14.     General Provisions

14.1.  We do not guarantee continuous, uninterrupted, or secure access to our Services, and the operation of the Application can be interfered with by many factors beyond our control.

14.2.  If any provision of this Agreement which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.

14.3.  You agree that this Agreement and all incorporated Agreements may be automatically assigned by Application in accordance with clause 11 “Notices” according to our reasonable discretion, such headings are for reference purposes only and do not specify, limit, interpret or describe in any way the scope of this clause.

14.4.  Our failure to act with respect to any breach from your side or third party shall not waive our right to take such action with respect to subsequent or similar breaches.

14.5.  This Agreement contains the entire understanding and agreement between us with respect to the subject matter hereof.