Below are all the terms and conditions of the agreement that regulate the relationship and legal obligations between Shop Word Advertising and Publicity Company (the first party) and the merchant (the second party) who benefits from its services. This agreement is considered valid and effective once the merchant agrees to this agreement and its provisions and subscribes to one of Shop Word Company's services in accordance with the provisions of the law.

The second party is responsible for reviewing the Terms of Use and Privacy Policy provided on the Shopward website www.shopward.io on a regular basis, and for fulfilling its obligations under the Terms of Use and Privacy Policy.

Item One: Introduction

  • The Preamble is an integral part of this Agreement.
  • The First Party and the Second Party are collectively referred to below as the “Parties” and individually as a “Party”.

Article Two: Responsibilities and Duties of the First Party

  • Providing a website/smartphone application on a monthly or annual subscription basis for the second party to display and sell the second party's services or products, while providing technical support.
  • In the event of an agreement between the two parties, the first party is obligated to provide certain logistics services (third party services) to the second party, including arranging the delivery, transportation and receipt process for customers from the second party’s previously identified delivery points. In the event that the second party is unable to deliver the goods agreed to be delivered by the first party's logistics company at the agreed time, the second party is obligated to bear the costs of using the service, which are non-refundable.
  • The First Party shall not be liable for any product/service marketed by the Second Party on the Website that infringes the intellectual property rights of the other party and/or the Second Party mistakenly considers it to be its own. The Second Party shall indemnify the First Party for any legal action that the First Party is a part of due to the Second Party's infringement and/or the items that were mismarketed.
  • The first party reserves the right to cancel the second party's subscription if the obligations mentioned in this agreement are not fulfilled.

Article Three: Responsibilities and Duties of the Second Party

  • Complete the entire profile setup, provide all required information and data from photos and descriptions of products or services and ensure that the price list and inventory are updated periodically.
  • Ensure that you do not upload any illegal, objectionable, obscene description/image/text/drawing or display anything related to sexual and pornographic matters or the sale of tobacco products or similar smoking methods and accessories or the sale of alcohol and other things that are criminal and prohibited to display or sell under Kuwaiti laws, oppose public policy, are prohibited or violate intellectual property rights including for example trademarks and copyrights of any third party.
  • The Second Party shall pack the Products safely and securely and prepare them for shipment and delivery, in accordance with accepted commercial practice and in accordance with the required shipping conditions. Any damage during transportation due to poor packaging by the Second Party shall be the responsibility and expense of the Second Party.
  • The Second Party shall maintain accurate and correct records classifying the types, quality, quantity and value of its products or services. The Second Party shall be solely responsible for providing any representations or warranties regarding the quality of the product or service to the Customer, including all relevant product or service warranties.
  • The second party must ensure that the product inventory is updated on the online store (if it is stored). If the customer orders and finds that the product is out of stock (unavailable) after the order is completed, the second party is responsible for providing the product to the customer or refunding the amount paid for the order and is not entitled to claim from the first party the fees deducted from the payment gateway mentioned in Clause Five.
  • The second party is responsible for fulfilling customer requests and responding to their inquiries and/or complaints.
  • The Second Party is responsible for compliance with all applicable local laws, regulations, rules and industry standards in relation to the preparation, sale, marketing and safety of its products.
  • The First Party shall not be liable for any products provided by the Second Party if they are broken, counterfeit, refurbished, used, defective, bad, damaged or unacceptable to customers or do not meet customers' expectations in any way. The Second Party shall not provide any false information about the products. The Second Party's advertisement shall not be misleading to customers. This means that the Second Party shall not engage in any unfair trade practices, which constitute a criminal offense and may also result in damages.

Item 4: Payments
The second party is obligated to pay all monthly/annual amounts for the agreed subscription package.

Monthly subscription:

  • The second party (store owner) must pay the subscription costs within a maximum period of (10) days from the start date of the month following the subscription, otherwise the service will be stopped within a maximum period of two days, and then the subscription will be canceled and the data will be permanently deleted.

Annual subscription:

  • The second party (store owner) must pay the subscription costs within a maximum period of (10) days from the start date of the following year of subscription, otherwise the service will be stopped within a maximum period of two days, and then the subscription will be canceled and the data will be permanently deleted.

Item 5: Payment Gateway

  • Tap Payments payment gateway is responsible for all payments made through the second party's website/smartphone application and cannot be replaced by another payment gateway except with the approval of the first party.
  • The second party shall abide by the terms and conditions of the payment gateway (third party) and its services, bank commission fees and the electronic payment gateway commission for payments agreed upon between the second party and the payment gateway.

Article 6: Entire Agreement
This Agreement constitutes the final and complete agreement between the parties, and supersedes and replaces all prior oral or written agreements, understandings or arrangements between the parties with respect to the subject matter of this Agreement.

Article Seven: Force Majeure
In the event of force majeure circumstances that may prevent the parties from performing their mutual obligations under this Agreement, including natural disasters, epidemics, strikes, government restrictions, or other circumstances beyond the control of the parties, the fulfillment of the conditions stipulated in the Agreement shall be postponed for the period of such circumstances.

In the event that the duration of the above-mentioned circumstances exceeds two months, each party shall have the right to cancel its obligations under this law. In this case, the agreement shall be deemed terminated, and neither party shall have the right except to claim a refund from the other party.

Article Eight: Maintaining Confidentiality
The Subscriber (Second Party) undertakes not to disclose or show any proprietary information to any other party, for example; the technology used by the First Party, its intellectual property, its operating plan, or the strategy followed by the company.

Article Nine: Duration of the Contract and Agreement
The term of this contract shall be one year starting from the date of execution and shall be automatically renewed under the same conditions unless one party notifies the other party in writing and delivers it by hand or sends an email to the other party of its desire not to renew at least 30 days before the expiration of the original or renewed contract term.

Article Ten: Competent Law
The courts of the State of Kuwait shall have jurisdiction to consider any dispute arising regarding the interpretation, implementation or breach of this agreement.

Article Eleven: Cancellation of Subscription

Monthly subscription:

  • The store owner (the second party) can cancel the subscription for the next month by sending an email to ShopWard (the first party) to the mail support@shopward.io no less than (15) days from the date of expiration of the current month's subscription.

Annual subscription:

  • In the event that the store owner (the second party) wishes to cancel the remainder of the current year's subscription period, he can send an email to ShopWard (the first party) to support@shopward.io Within a period not exceeding (15) days from the start date of the subscription, the full amount will be refunded, minus the service fee equivalent to 20% of the total subscription amount. Otherwise, this request will be considered rejected.
  • The store owner (the second party) can cancel the subscription for the following year by sending an email to ShopWard (the first party) to the mail support@shopward.io no less than (15) days from the date of expiration of the current year's subscription.

Article Twelve: Refund of the value of canceled orders
The store owner (the second party) can request a refund of the value of the canceled order on the website/mobile application within a period not exceeding the legal period for return and exchange according to the Kuwaiti Ministry of Commerce Law, which is (14) days only, with the reduction of the value of the service commission (if any), bank commissions, and payment gateway commission. The value of the delivery service costs may also be deducted if the delivery representative receives the shipment from the store owner's warehouse (if the delivery is made by the logistics company affiliated with the first party).

Article Thirteen: Intellectual Property
The ownership, management and licensing of the Website/Mobile Application and all content thereon are exclusively owned by ShopWord (the first party) and its branches and stores. The second party (the store owner) is prohibited from using the name, logo, symbol, trade name or any other trademark of the first party and using it through the Website/Mobile Application or the First Party Services without the prior written permission of the first party.

Accordingly, under this Agreement, the Second Party agrees to grant the First Party a worldwide, non-exclusive, non-transferable license to use all Content and Intellectual Property of the Second Party on the First Party's Website/Mobile Application. The Second Party confirms that it has the legal right to grant the First Party this license and that the First Party owns all Content displayed on the Second Party's Website/Mobile Application and to reuse it for marketing and promotional purposes without prior permission. The First Party will not be liable for any infringement of any intellectual property used by the Second Party on the First Party's Website/Mobile Application.

Article Fourteen: Confidentiality
The Second Party shall be aware that certain confidential information may be disclosed to Buyers on the Website/Mobile Application as necessary and to protect such confidential information from unauthorized disclosure or access. Accordingly, you agree to treat any information received as highly sensitive, confidential and private. Without derogating from the generality of the foregoing, you agree to:

  • Keep such information strictly confidential.
  • Do not disclose this information to any other party.
  • Do not copy or reproduce any of this information without permission.

Article Fifteen: Disclaimer
SHOPWORD (First Party) or any of its affiliates will not be liable for any damages or losses that may arise from or relate to these Terms of Service, including, without limitation, viruses or other malware that may be acquired through accessing, or linking to, our Website/Mobile Application or Website/Mobile Application Services, nor will the Company or any of its affiliates be liable for any malfunction, failure, error or inaccuracy of any kind in our Website/Mobile Application or Website/Mobile Application Services, nor will the Company be liable for any damage to your device resulting from the use of our Website/Mobile Application or Website/Mobile Application Services or from your reliance on the quality, accuracy or reliability of advertisements, recommendations, composite information or measurements contained, used or made available through our Website/Mobile Application. Neither the Company nor any of its affiliates will be liable for any legal claim arising out of or relating to your use of or inability to use our Website/Mobile Application, any websites linked to it, any content on the Website or any other websites or any services or materials obtained through our Website/Mobile Application or other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, physical pain and suffering, emotional distress, loss of revenue, profits, business or anticipated gains, or loss of use or data.

Article Sixteen: Taxes
The second party shall be responsible for paying any taxes, fees or costs of any kind imposed by any government agency.

Article Seventeen: Amendment of the Articles
ShopWord (First Party) reserves the right to modify these Terms of Service at any time, at its sole discretion, and the Second Party shall be notified of any changes to these Terms.

Article Eighteen: Compensation
You hereby agree to indemnify the Company, its officers, directors, owners, partners, employees, agents, suppliers and any other party providing information to the Website/Mobile Application for all losses, expenses, damages and costs, including attorneys' fees, arising out of your violation of any of these Terms of Service; Including any wrongful or negligent conduct by you while using and accessing the Website/Mobile Application.

Article Nineteen: Complaints
If you have any complaints of any kind, please contact us via email at support@shopward.io or through the live chat on our website: shopward.io. You agree to assist the Company in facilitating the complaint resolution process.

Article Twenty: Correspondence
You agree to communicate with us electronically by visiting our website/mobile application and/or sending us an SMS or email. You agree that your acceptance of any of our offers and any form of agreement between us will be effective and valid through electronic communications.

Article Twenty-One: Possibility of dividing the items
If any provision of the Terms of Service is found to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect any other provision of this Policy, and the remaining provisions of the Terms of Service shall remain in full force and effect and shall not be affected, disabled or invalidated in any way.