These terms and conditions represent a formal "Contract" between Winchat General Trading Co., owner of Winchat application and application users (customers and service providers). These User Terms govern your use of Winchat application, which is an electronic platform that connects "service providers" with the clients using the application, where Winchat application allows the support of services providers on the road, vehicle and machinery transportation, repair of breakdowns, tire failures, car repair garages, repair workshops in approved car agencies, car rental offices, etc., in addition to car wash services of all types as associated to the foregoing, by providing their services to the customers using the Application in accordance with what the Application allows.
Any use by you of the services provided by the Application constitutes your consent to this contract and its terms. Accordingly, you should not use the Application if you do not agree with the terms and conditions contained in this contract.
You acknowledge and warrant the following:
• Your use of Winchat Services has not been suspended or prevented at any time.
• You have full power and authority to contract and, in so doing, you shall not be in breach of any law or contract.
You acknowledge and warrant the following:
• Will comply with all applicable laws and regulations in the State of Kuwait.
• You will provide correct and accurate information to Winchat and shall keep such information updated periodically.
• You will review and comply with any notices sent through Winchat in connection with your use of the Service provided through the Application.
• You will not replicate, sublicense, publish, transmit, distribute, perform, display, sell, or reclassify Winchat Services, otherwise you shall be deemed to have transferred or otherwise utilized the Services commercially, other than permitted under this Contract.
• You will not use the information, content or any data you access or obtain through Winchat Services for any purpose other than for personal use and that you will use the Application and Service exclusively for your own purposes and shall not sell any of them to any third party (including, but not limited to, providing any service to any other person).
• You will use the Service or Application only for legitimate purposes only and shall not use the Services to send or store any illegal or fraudulent material.
• You will not use the Service or Application to cause harm, harassment, or disturb any person.
• You will not hamper the proper operation of Winchat Application.
• You will not attempt to harm the Service or Application in any way.
• You will not copy or distribute the Application or other content without a written permission of Winchat.
• You will keep your account password or any means of identification we provide you to allow access to your account securely and confidentially.
• You will provide us with all proofs of your identity as shall be requested by Winchat.
• Winchat may refuse to provide the Service or use the Application without giving any reasons.
• You will not cancel the Service upon the arrival of the driver to perform the service and that your entitlement to cancel the service is limited to (5) minutes after making the request.
• Winchat grants you a non-exclusive, non-transferable, non-assignable, non-sublicensable and irrevocable license to obtain and use our Services solely for your personal use and purpose (not for any commercial purposes, for example) in accordance with this contract. Therefore, you shall have to:
o Not allow the Services, neither shall you rent, assign, resell, distribute or sub-license these services to any third party.
o Not to modify, cut, translate, summarize, create any sub-works based on dismantling or implementing a reverse engineering to Winchat design or otherwise to identify or attempt to identify or attempt to access the source code or internal design of the Services or any texts, Multimedia images (images, audios, video files), data or other information provided by Winchat or third party providers.
o Not delete, alter or otherwise modify any copyright or other official notices contained in the Services.
o Do not intentionally transfer, distribute services, or allow the upload of Services for use other than as specified herein.
o Not claim to grant or allow access to anyone else.
o Not to allow sharing the username / password or other access credentials to access Winchat services.
• All intellectual property rights to these Services and all materials related or appearing thereon (including any content you provide or insert, for example) are Winchat property.
• You shall not reproduce or allow any person, for any reason, to use or reproduce the Services or any other trademarks or trade names appearing in the Services.
• The prices indicated in the Application for each service are before ordering, as prices may vary by region and according to the time of requesting the service and the availability of "service providers" in the search area. There are fixed prices for general road breakdown services (battery / fuel / tires).
• Winchat reserves the right to impose new charges on the use of the Application, the Service or both.
• In case Winchat decided to start charging new fees, you will be notified with the same and you will be allowed to continue or terminate the contract.
• Winchat may modify or updated the prices from time to time. It is your responsibility to keep up to date with the current prices of the Services available in Winchat Application.
• You shall pay for the services to the "Service Providers" either in cash or by debit card or credit cards via (electronic or forward payments a), upon your receipt of service. You, solely, are responsible for paying all fees in a timely manner and you acknowledge that any amount payable cannot be recovered.
• You acknowledge and agree that you accept and comply with the value to be calculated by Winchat as provided by the "Service Providers" and agree that the calculated fees are the value you shall pay.
• You acknowledge and agree that in all events you shall be obliged to pay the basic fees only to the Service Provider, which is the amount shown in the Application for the type of service required.
• You acknowledge and agree that you will always be bound by integrity and accuracy in terms of the value and reality of operations and you agree that in case any fraud, manipulation or deception is found, you will be liable to discontinue your services and block them from Winchat application, in addition to Winchat’s right to claim compensation for all damages resulting from or arising out of that fraud and manipulation.
By agreeing to the User Terms and Conditions and those of using the Application or Service, you agree to defend Winchat, its affiliates and licensors and their respective officers, directors, as well as other users, employees, attorneys and agents, hold them harmless and discharge them from any claims, costs, damages, losses, liabilities, expenses (including, for example, attorneys' fees and costs) arising from or related to:
• Your violation or breach of any of these User Terms or any applicable law or regulations, whether referred to in these Terms and Conditions of Use or not.
• Your violation of any third-party rights, including Service Providers under the Application.
• Your use or abuse of the Application or Service.
• The information, recommendations, services, or any of them, provided to you on or through the Website, Service and Application, are for general information purposes only and do not represent any advice.
• Winchat shall maintain, as much as possible, the integrity and update of the site and Application, and their contents, but it does not guarantee that such contents are free of errors, defects, malware and viruses, nor it guarantees the correctness and accuracy of updating the website and Application.
• Winchat shall not be liable for any damages resulting from the use (or inability to use) the website or the Application, including the damages caused by malware or viruses, nor it assumes responsibility for the incorrect or incomplete information, the website or Application, unless this damage is resulting from deliberate misconduct or serious neglect by Winchat.
• Winchat assumes no responsibility for any damages resulting from the use (or inability to use) electronic means of communication with the website or with the Application, including, for example, damages resulting from the non-delivery or late delivery of electronic communications, intercepting or tampering with them by third parties or by computer programs used for electronic correspondence and viruses transmission.
• The quality of the services required by the Application or the entire Service is the responsibility of the service provider, who ultimately provides you with all the services available in Winchat Application.
• Under no circumstances shall Winchat assume any liability in relation to the services provided by or arising from the Service Provider.
• Winchat does not accept liability for any acts, conduct, behaviour, negligence, or all of the above, by the "Service Providers".
• Any complaints about Winchat Application shall be provided to the "Service Providers".
Winchat reserves its right and sole discretion to undertake the following at any time:
• Changing the Services or any related materials and/or discontinuing its services.
• In case Winchat should decide to discontinue its services, it may replace the Services with other similar materials, subject to its full discretion.
• Winchat gives no warranties, expressed or implied, in connection to the services, as all are provided “as is”.
• Winchat, clearly to the fullest extent possible by law, disclaims and assumes no responsibility to any warranties, including, for example, warranties of fitness for a particular purpose in accordance with certain specifications and markets, as well as for the saleability of property rights.
• Winchat does not guarantee the accuracy, content, or timeliness of the Services or the results that the Services User may or may not have.
• Winchat, its agents, licensors or affiliates, shall not be liable, in all cases, for any direct or indirect damages, penalties, special damages or incidental or consequential damages (including, for example, damages resulting from loss of profits, business interruption, loss of business information or other financial losses) arising directly or indirectly from access to, use (or failure to use) or rely on the Application.
• You acknowledge that you are solely responsible for the privacy of the Services and that you are solely responsible for their use by anyone else using your account and/or username, password or access credentials.
• You agree to notify Winchat once you become aware of any loss, theft, or unauthorized use of any password, username, IP address, or other access to the Services.
• While using the Website, Application and the Service, links to third party owned and controlled websites may appear from time to time for contacting third parties, purchasing their products or services or participating in their promotional offers. These links take you outside the Website, Application and Service, thus outside Winchat control.
• While using the Website, Application and the Service, you may communicate or purchase goods or services or participate in promotions from service providers, advertisers or sponsors offering their goods or services through a link to the Website or through the Application or Service. These links take you outside the Website, Application and Service, thus becoming out of our control. Websites that you can link to have separate terms and conditions and separate privacy policies. We assume no liability for the content and activities of such websites and Winchat cannot be held accountable for them. You therefore bear all risks arising from visiting or accessing such sites.
• The contract concluded between you and Winchat is unlimited by term. You may terminate the contract at any time by permanently removing the Application installed on your smartphone, thereby disrupting your use of the Application and the Service. You can close your user account at any time.
• Winchat may terminate the Contract with immediate effect at any time (by suspending your use of the Application and Service), in case you undertake any of the following:
o Violation or breach of any of the User's Terms,
o If Winchat deems that you are misusing the Application or Service
o Winchat is not obliged to send a prior consent to terminate the contract.
• In the event of any invalid provision in the current User Terms, or in case of any unacceptable provision in certain circumstances in accordance with the criteria of reasonableness and justice, and only to this extent, a replacement shall be operated between the parties, provided being acceptable under all circumstances and complies with the terms of the invalidated provision as far as possible, taking into account the content and purpose of the applicable User Terms.
• Winchat reserves its right, at its sole discretion, to modify, replace, alter, suspend or discontinue any of the User Terms or Conditions (including, but not limited to, providing any feature, database or content) at any time, by publishing a notification on the Website or by sending notice to you through the Service, Application or by email.
• Winchat may limit certain features and services or restrict access to the Service, wholly or partially, without notice or liability.
Winchat may send notices by sending general notifications about the Service or Application, by sending emails to your email address registered on Winchat’s account information or by sending a regular mail to your mailing address as registered address in your account information on Winchat.
User Terms and the settlement of any dispute, claim or disagreement arising from or related to the current User Terms, or any violation, termination, implementation, interpretation or validity thereof, or to using the Website, Service or Application, shall be governed and construed by the laws and regulations applicable in the State of Kuwait and its courts.