Introduction

The first party owns the DIRISE platform, which specializes in advertising and marketing work and displaying products of others in various fields of advertising and marketing, whether in real life and/or on social media sites and means - social media – in its various types such as Instagram, TikTok, Snapchat, Facebook,  X (Twitter), WhatsApp, Pinterest, Ask FM, Telegram, Tumblr, Fiverr, Reddit, and any other new technologies in the future that works on advertising and marketing on social media sites and other programs, and through the DIRISE platform, application, and website, to display and market products for companies participating in that platform affiliated to the first-party, with pictures, videos, audio, services, information, and products, and the second party wishes to advertise and market its products through the first party’s platform, or the above-mentioned means of all socials, or any new technology in the future. Accordingly, it agrees to all the following terms and conditions, and then the wills of the two parties converge and agree on the provisions.

Firstly: Clarification

The preceding preamble is an integral part of this contract and supplements all its terms and conditions.

Secondly: The Promotion Method

The first party will promote the goods subject to this contract via the Internet (online), through the application, platform, and website of DIRISE, and on current social media sites and future technology developments, as well as participation through campaigns, seminars, and exhibitions, provided that the second party contracts. In any case, it will be imposed on these campaigns, and the second party will charge fees for its products, services, and information, whether by shooting photos, videos, audio, or any new technology in the future, on the responsibility of the second party.

Thirdly: The Responsibilities of the Second Party for Specifications of Goods and Delivery

1.     In the event of any occurring problem, whether due to a delay in the delivery service or the goods not matching or conforming to the specifications and type announced on the platform owned by the first party due to the second party, the first party is not responsible for that, and customers have the right to refer to the second party in this regard, which is committed to replacing the goods or returning their value to them, which the customer had previously paid without the first party bearing any responsibility, and the second party has no right to return to the first party regarding the percentage or commission it charged or the delivery service, with a fine being imposed on the second party, which is determined by the first party according to the type of violation, including:

A- Inadvertently, a nominal fine or warning is imposed.

B- Fraud and deception, and expecting a fine in the amount of costs and damages resulting from the second party, or being expelled from the site.

The goods are not returned, and delivered to the customer and no amounts are due for them, with the second party bearing criminal and civil responsibility.

2.     If the delay in delivering orders to customers is due to the delivery company, in this case, the delivery company bears the consequences of this delay and delivery.

3.     The second party may not, under any circumstances, mention anything that does not match its goods, and accordingly, it bears all responsibilities, problems, and criminal and civil cases in front of the third parties and the official authorities.

4.     When displaying products for some categories and emerging companies (the second party), the value of these goods is transferred directly to the first party’s account, and in this case, the percentage of the first party’s commission, the commission of banks, payment gateways, and any other fees and delivery service will be deducted in some cases, then, the remaining amount is transferred to the account of the second party.

5.     The second party shall bear the value of any violations and fines issued by the official authorities of the state, such as the Ministry of Commerce and Industry, the municipality, the media, or any other parties if the second party is the reason for the first party’s violation.

Fourth: Unlawful Entry by Third Parties and Confidentiality of Information

1.     In the event of illegal access to the platform of the first party or the bank account of the second party, the first party will not be responsible for the illegal access of any other party.

2.     The first party is not responsible for the illegal entry of third parties, and if third parties commit any violation, error, or oversight, for example: insulting others, harming national unity, violating public order and morals, and other more detailed formulations, or insulting His Highness the Emir or the Crown Prince, or any official entity, the second party is the one who bears responsibility.

3.     The second party must maintain the confidentiality of the store and customer information, and he is not entitled to disclose any information he obtained from and because of this contract.

Fifth: Receiving the Value of Goods

1-    The second party agreed that the first party would receive the money that was transferred from the customers who booked their purchases through the DIRISE platform and that the first party would transfer that money to the second party, after deducting the first party’s commission, the banks’ commission, payment gateways, or any other fees, and delivery service fees and in some cases, the value of the goods sold is deducted before transferring the money to the second party's account.

2-    The First Party agreed with the Second Party that the First Party’s percentage of the goods sold, marketed, or reserved through it will not be fixed and will vary according to supply and demand, provided that the percentage is not less than (1%) in addition to the fee for the order delivery service.

3-    The money paid into the first party account by the customers in exchange for booking and purchasing the goods offered by the second party on the platform, after verifying the credibility of the second party, the validity of its aforementioned information, and the quality of the goods, and that the customer does not wish to return these goods, only then those funds will be transferred to the second party’s account after deducting the first party commission, order delivery service, and bank commission.

4-    In the event of cancellation of the account by the second party with the first party, the second party will be responsible for delivering the paid goods to the customers, without any responsibility on the first party, and that the second party must settle its account with the first party no later than forty-eight hours from the date of cancellation of the account. The amount will not be refunded to the second party before the first party confirms that the goods have reached the customer, deducting the first party’s commission, bank commissions, payment gateways, and any other fees and delivery service in some cases from the value of the goods sold and that the customer does not wish to return these goods within a period of fourteen days and from Then the remainder will be transferred to the second party’s account within three weeks or more if necessary.

Sixth: The Obligations of The Second Party According to the Laws

1- The second party shall abide by all export control laws and commerce sanctions issued by the State of Kuwait.

2- The second party is committed not to offend others.

3- The second party does not have the right, directly or indirectly, to export, re-export, provide, or transfer our services in one way or another to any individual, entity, region, or country, and all other laws must be adhered to.

Seventh: Privacy Policy

The Conditions

By accessing the Site, you agree to be bound by these terms, and all applicable laws and regulations, and acknowledge that you are responsible for compliance with any applicable local laws. If you do not agree to any of these terms, you may not use or access this site. All materials contained on this site are protected by applicable copyright and trademark law.

Regulating Law

These terms and conditions are governed by and construed in accordance with the laws of the State of Kuwait, and you also irrevocably submit to the jurisdiction of the courts of the State of Kuwait.

Privacy Policy

When you provide personal information on our website, we will work hard to protect your information both online and offline.

We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure once we receive it. For example, we store your personal information on computer systems that have limited access to this information, and our employees are trained to safely handle this information and data and are kept up to date with the latest developments regarding security measures.

Privacy Of Your Account

You are responsible for maintaining the confidentiality of your account and password information and for restricting who accesses your computer or our application, and you agree to accept responsibility for all activities that occur under your account or password if you are under 21 years of age, you may use our services only with the involvement of a parent or guardian.

We reserve the right to refuse service, terminate accounts, remove, edit content, or cancel orders at our sole discretion.

Delivery Policy

When delivery is completed, you will be asked for your electronic signature or your signature on a copy of the invoice. This signature will serve as confirmation that you have received the complete products as shown in the invoice.

If you are not present at the specified address, we will deliver the order to any person present at this address and have him sign the invoice electronically or on a copy of the invoice. When any person present at the address signs the delivery request, the customer is considered to have received the items contained in the invoice. If the specified address is reached on your behalf and we are unable to deliver the order, please contact customer service to schedule another time to deliver the order. The company is not responsible for any order that is not delivered within 24 hours from the date of the order.

DIRISE Store Order Return Policy

The period allowed to return products is (14) days from the date of receipt of the order.

The shipping fee for returns is 2 Kuwaiti dinars.

Delivery fees are not refundable.

You can start your return request by filling out the form below correctly

Eighth: The language of the agreement

The terms of this contract were written in Arabic, and translated copies of these terms are provided to facilitate the matter. If the translated version of our terms conflicts with the Arabic version, then the version written in Arabic shall be the approved one.

Ninth: Obligations Under the Provisions of the Agreement

1-    This agreement was concluded between the first party and the second party by mutual consent, and these terms represent the entire agreement regarding the first party’s services.

2-    The second party is prohibited from assisting others, directly or indirectly, through automated or other means, to access, use, copy, adapt, modify, or prepare works cited (quoted) from, distribute, license, sublicense, or transfer, or display, or perform, or exploit our services in unacceptable or unauthorized ways, or in any other ways that would burden, weaken, or harm us, our services, our systems, our users, or others, including the obligation to refrain from using the following means directly or automatically:

A.    Modify, create derivative (quoted) works from, decompile, or extract code from our services.

B.    Sending, storing, or transmitting viruses or other harmful computer code to and through our services, and the second party must ensure that the products are safe and free of any viruses, as this is the responsibility of the second party.

C.    Accessing or attempting to gain unauthorized access to our services or systems.

D.   Interfering with or disrupting the safety, security, confidentiality, integrity, availability, or performance of our services.

E.    Creating accounts with our services through unauthorized or automated means and socials.

F.    Collect information about our users by any unauthorized means and ways.

G.   Distributing or making our services available over a network so that they can be used.

Tenth: Terms and Policies

The second party must use the first party's services in accordance with the terms and policies of this contract. In case of any violation of the terms and policies of the first party or the laws and constitution of the State of Kuwait, we may take any action regarding any accounts that violate these terms or contribute to publishing what violates the laws of the State of Kuwait, including disabling the second party’s account, suspending it, expelling it, or filing a complaint, or file a lawsuit or not transfer the money until the second party avoids these violations.

Eleventh: Adherence to the laws

1-    It is not permissible to attack state symbols, entities, and individuals, or broadcast anything that might spread sectarian strife, incite revenge, or violate public morals.

2-    You must access and use our services only for lawful, approved, and acceptable purposes and may not assist others in using our services for any other purpose.

3-    Preserve the rights of the first party, its users, or any other persons, including privacy rights, publicity rights, or other intellectual property rights, and not to seize or infringe upon them.

4-    The second party has no right to use the platform for purposes that are illegal, immoral, defamatory, threatening, intimidating, involve harassment, incite racial or ethnic hatred, or incite or encourage illegal or inappropriate behavior, such as promoting illegal matters or that is unethical or violates the laws, conditions, or policies of the first party or the laws and constitution of the State of Kuwait.

5-    The second party does not have the right to transfer any of the rights, duties, or information of the first party, its clients, or its partners under our terms to any other person, entity, region, country, or destination without the first party’s prior written consent.

6-    The first party has the right to modify, suspend, or reserve the second party’s amounts, or terminate the second party’s or its customers’ access to or use of the first party’s platform services at any time for any reason, such as violating our terms in form or substance, or causing damage or risks or legal accountability for us, our users, or others.

7-    We reserve the right that our services in the future will be subject to separate terms which may require approval and agreed to separately. It should be noted separately, as required by state symbols, entities, individuals, and laws.

Twelfth: Safety, Security, and Integrity

We work to protect the safety, security, and integrity of our Services. This includes dealing appropriately with people and activities that violate our terms. We work to prohibit misuse of our services, including harmful behavior toward others, and violations of our terms and policies, we work on offering the needed help to ensure the protection and safety of our services.

Thirteenth: Terms and Conditions

The second party agrees to access and use the platform only for lawful purposes. The user bears full responsibility and compliance with all laws, regulations, rules, and systems related to his use of the platform, and by entering the platform, the user agrees to the following:

1.     Not to expand or access our services for illegitimate and illegal uses

2.     Not representing others while using the website, application, or DIRISE platform.

3.     Not to use the website, application, or DIRISE platform to commit a crime or encourage others to do any act that may constitute a crime according to the Kuwaiti Penal Code or lead to the emergence of civil liability under the laws of the State of Kuwait.

4.     Not to publish or transmit any illegal content, including content that includes racial discrimination, defamation, harassment, slander, insult, obscene or immoral action, or any other content that affects religion, Islamic law, regulations, or public policy of the State of Kuwait, and do not bully others. 

5.     Not to use the website to upload any content that includes viruses, files, programs, or tools that may modify, cause damage, or impede the work of the website, the application, or the DIRISE platform.

6.     Not to change, cause damage to, or delete any content published on the website, application, or DIRISE platform.

7.     Not to claim the existence of any relationship or representation of any company, partnership, or other institution that is not legally authorized by it to claim this relationship or representation, and not to use incorrect data or fictitious names.

8.     Not to publish or transmit any intrusive advertisements, promotional materials, or any other form of inducement.

9.     Not to violate or publish any materials that violate intellectual property rights or so.

10.  Not to collect or store personal information about others and users.

11.  The first party has the right to terminate or suspend the use of the platform without prior notice. The first party has the right, in their sole opinion, to terminate or suspend the use of the website, the application, or the DIRISE platform without prior notice for any reason, including breach of the terms of use or any action that conflicts with the website, the application, or the DIRISE platform, violates public morals, or what the company considers to be in violation of the law, or harm others. In the event of termination, the user will not be able to access the website, and the company will use all means to prevent access to the website.

Fourteenth: Contract Duration

The two parties agreed that the duration of this contract: 

1-    It starts from the date of subscription to the package chosen by the second party and expires on the expiry date of the package chosen by the second party. This contract is automatically renewed unless one of the other parties is notified to terminate the services.

2-    The second party must determine the hours for providing the service within the first party’s platform.

Fifteenth: Implementation in Well Intention

1-    All parties must implement the contract with good intentions and in accordance with what is stated and customary in contracts. The second party and its affiliates shall be jointly responsible for any defect, error, or gross negligence in carrying out the work or implementing the requirements of this contract.

2-    The first party seeks to provide basic, initial customer service to answer the customer’s inquiries limited to the best of our information on behalf of the second party and respond to the customer’s inquiries (consumer) and receive complaints and transfer them to the second party if they are related to the products to resolve them. The first party also has the right in the event of the second party’s failure to respond to the customer complaints sent to him or related to one of their products, the first party intervenes to resolve those complaints.

3-    The second party is committed to professionally photographing their products, and the first party has the right to use these images in its advertisements and accounts on other social media sites.

4-    The second party is committed to providing all data and information requested by the first party through the official means of communication mentioned in this contract. The second party is also committed to providing the first party with all their account information and services in a way that achieves the first party’s goal.

5-    The second party may provide a delivery service for their products and deliver them to the customer, and the cost of delivery and transportation will be at the expense of the second party if the second party so desires.

6-    The platform provides a service to the customer where they can receive the goods from the second party’s geographical location that is specified on the first party’s platform, and the second party bears full responsibility for preparing and delivering the goods to the customer.

7-    The second party is committed to providing the first party with common questions and solutions to help the first party answer customer inquiries.

Sixteenth: Data and Information

1-    The second party is obligated to provide the first party with the following data, and in doing so it gives the first party the freedom to dispose of it according to the needs of the first party with other companies affiliated with or contributing to the platform, electronic payment gateway companies, banks, or investors of the platform, or handing it over to state agencies if the need arises for that matter:

·      Full name

·      Name of the store in DIRISE

·      Company name

·      Name of the CEO

·      Number of partners + their civil cards

·      Home address

·      Company address 

·      Company contacts number

·      Work number

·      Email

·      Commercial license establishment contract.  

·      Approval of signature

·      Extract certificate from the Ministry of Commerce no more than 3 months from the date of issuance

·      Original, unexpired civil information

·      Company bank account

·      Civil number

·      Payment procurement certificate 

2-    The second party is obligated to complete all data and information imposed by the Central Bank, the Ministry of Commerce and Industry, and other official bodies.

3-    The second party is not entitled to claim any money before the accreditation processes are completed. In the event of the theft of this money, the bankruptcy or dissolution of the company, or the death of the first party - God forbid - the second party is not entitled to claim any money before the end of the registration period.

Steps:

·      Initial collection stage

·      Store stage

·      Data audit

·      Personal or virtual interview

·      Official accreditation

Seventeenth: Categories, Required Data, and Conditions

The First Category: They are not entitled to receive any sums of money from the first party, as communication between the customer and the second party takes place outside the platform, and the first party provides them with their own online store within the platform, DIRISE: 

A-   They must provide the first party with the following data: full name - photo of the civil ID and civil ID number - home address – the name of the store within the DIRISE platform - contact number - email so that the first party can then go through the five stages of registration and auditing.

B-   The second party acknowledges that it is aware that the DIRISE platform receives registration requests through its application and website with good intentions, and that the application and website receive registration requests around the clock without any interference from the first party, it is not permissible for them to violate the terms of this contract, and that any error in the data and given information is to blame the second party as it is their responsibility, and the first party has the right to take the necessary action against the second party without prior notice.

C-    The second party must complete all five registration steps before advertising on the DIRISE website and application mentioned in Paragraph (First category A) of this clause.

The Second Category: They are entitled to receive sums of money from the first party, and the first party provides them with their own online store within the DIRISE platform:

A-   They must provide the first party with the following data: full name - civil ID number - home address - name of the store within the DIRISE platform - contact number - email - name of the CEO - company name - number of partners and their civil ID - Payment procurement certificate after which the first party goes through the five stages of registration and auditing.

B-   The second party acknowledges that it is aware that the DIRISE platform receives registration requests through its application and website with good intentions, and that the application and website receive registration requests around the clock without any interference from the first party, so it is not permissible for them to violate the terms of this contract, and that any error in the data and given information is to blame the second party as it is their responsibility, and the first party has the right to take the necessary action against the second party without prior notice.

C-   The second party must complete all five registration steps before advertising on the DIRISE website and application, and it is not entitled to claim any amounts from the first party before completing the five stages of registration steps mentioned in Paragraph (Second category/A) of this clause.

Eighteenth: Intellectual Property, Trade Name, and Trademark

All information contained on the website, including a list of all designs, texts, images, newspaper articles, and other information, is protected under the laws of the State of Kuwait and other copyright laws and is considered the property of the company and/or used in accordance with a license from the copyright owner. It is not permissible to copy, extract, transfer, or display, perform, distribute, rent, sub-license, modify, store for later use, or use all or part of the information in any way without the prior written consent of the first party unless there is a written license to do so and to the extent that such use is permitted under the laws of  The State of Kuwait and its copyright and publishing laws. The company's trademarks, logos, images, and service marks used on the website are the property of the company and may not be used without the prior written consent of the company and appropriate acknowledgment thereof. The platform and trade name are owned by the first party and others have no right to use or imitate them.

Nineteenth: Policy of Exchange and Return of Goods

1-    All products are returned within a period not exceeding 14 days from the date of the customer reception of the goods, in compliance with the laws issued by the competent authorities, which is what the first party advises, but the DIRISE platform provides absolute freedom to the second party to amend this policy without any responsibility from the first party, and accordingly, the second party shall bear all matters resulting from amending this policy.

2-    The customer bears the costs of the return delivery service according to the delivery service company chosen for delivery, and the fees paid for delivery are also non-refundable.

3-    The order cannot be canceled if it is received by the delivery service unless it violates and does not match the specifications of the goods.

4-    Delivery fees are not refundable if cancellation is made after receiving the order.

5-    In the event of an exchange, the delivery cost for the return and for delivering the replacement order will be borne by the customer if this is due to the customer, and if the reason is due to the second party, the second party will bear that.

6-    If a defect or manufacturing error occurs in the product, it will be returned after reporting this from the customer no later than 14 days from the date of receipt of the order.

Twenty: Selected Domicile and Email

Both parties acknowledge that the address of each of them issuing this contract is considered a chosen place/region for each of them, and any correspondence sent to it is considered to produce its legal consequences, and the party that changes its address and e-mail is obligated to notify the other party of the new address or e-mail.

Twenty-One: Judicial Jurisdiction

1-    In the event of a dispute between the two parties, the courts of the State of Kuwait and the application of the provisions of Kuwaiti laws concerned with resolving disputes, that type of agreement, is the responsible authority to which the two parties resort.

2-    This contract is subject to the regulations and laws in force in the State of Kuwait unless otherwise agreed upon.

3-    The first party is committed to displaying the trademark in the second party’s promotional and advertising campaigns.

4-    The two parties agreed that in case any dispute arises between them - God forbid - the courts of the State of Kuwait will have jurisdiction over it and Kuwaiti laws will apply.