The domain name www.mrbabu.com (hereinafter referred to as "Website") is registered in the name of Creative House WLL a company incorporated under the Companies Act, with its registered office at Al-Rai, Block3, Street 13, Building Name: La Oficina, Opposite True Value Or National Kharafi (hereinafter referred to as “CHW”).
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING
Use of the Website is available only to persons who can form legally binding contracts under Kuwait Contract Act. Persons who are "incompetent to contract" within the meaning of the Kuwait Contract Act, including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member and shall not transact or use website. As a minor if you wish to use or transact, such use or transaction may be made by your legal guardian or parents who have registered as users of the Website. Website reserves the right to terminate your membership and refuse to provide you with access, if it is brought to our notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.
Membership on the Website is free. There is no charge or fee for browsing and buying products on the Website. However we reserve the right to charge fee and change its policies from time to time. In particular, we may at our sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event We reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee and related policies shall automatically become effective immediately once implemented on the Website. Unless otherwise stated, all fees shall be quoted in Kuwaiti Dinar. You shall be solely responsible for compliance of all applicable laws including those in Kuwait for making payments to us.
Use of the Website
You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to.
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" ;
(c) is misleading in any way.
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(n) contains video, photographs, or images of another person (with a minor or an adult).
(o) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(p) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Website.
(q) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(r) interferes with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services;
(t) harm minors in any way;
(u) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(v) violates any law for the time being in force;
(w) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(x) impersonate another person;
(y) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(z) threatens the unity, integrity, defence, security or sovereignty of Kuwait, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(aa) shall not be false, inaccurate or misleading;
(ab) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ac) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms babu, mrbabu, mrbabu.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of CHW, or its suppliers or otherwise tarnish or dilute any CHW’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us including that duly licensed from CHW. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or CHW’s systems or networks, or any systems or networks connected to CHW.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
From time to time, You shall be responsible for providing information relating to the items or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
We and CHW shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
CHW does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website’s APIs or otherwise. In addition, Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, CHW and We assume no responsibility for examining or evaluating the products and services offered by them. We and CHW do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Neither CHW nor We endorses, in any way, any third party website(s) or content thereof.
We welcome links to the Website. You may establish a hypertext link to the Website, provided that the link does not state or imply any sponsorship or endorsement of Your site by CHW and/ or us. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Website, including any logos or characters, without our express written consent and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Website without our prior written consent.
MANDATORY DECLARATION – COMPUTERS
You hereby declare that You have provided all necessary Legal Details for the shipment of the product to the destination specified by You in the Order.
You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
Disclaimer Of Warranties And Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, we do not warrant that:
This Website will be constantly available, or available at all; or
The information on this Website is complete, true, accurate or non-misleading.
We will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website.
We do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind.
All the Products sold on Website are governed by Kuwait laws and Kuwait custom laws and if we are unable to deliver such Products due to implications of such laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by us via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
1. lack of authorization for any transaction/s,
2. or exceeding the preset limit mutually agreed by you and between your "Bank/s",
3. or any payment issues arising out of the transaction,
4. or decline of transaction for any other reason/s.
All payments made against the purchases/services on mrbabu.com by you shall be compulsorily in Kuwaiti Dinar acceptable by Kuwait. We also accept US dollars when you are using paypal as the payment method.
Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
Without limiting other remedies, we may limit Your activity, immediately remove Your information, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Website in the event, but not limited to:
If we are unable to verify or authenticate any information You provide; or
This Agreement shall be governed by and interpreted and construed in accordance with the laws of Kuwait. The place of jurisdiction shall be exclusively in Kuwait.
Jurisdictional Issues/Sale in Kuwait Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in Kuwait. We make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than Kuwait. Those who choose to access this site from other locations/Countries other than Kuwait do so on their own initiative and we are not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than Kuwait, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by CHW. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Website owned, operated, licensed or controlled by us is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
We respect the intellectual property of others. In case You feel that Your work has been copied in a way that constitutes copyright infringement You can write to us at firstname.lastname@example.org.
Risk of loss
All items purchased on the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon our delivery to the carrier.
We try to be as accurate as possible. However, we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free. If a product offered by us on the Website itself is not as described, Your sole remedy is to return it in unused condition.
If CWH comes across any difference in pricing resulting from typographic errors w.r.t pricing or product information, CWH shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from You within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Payment on Delivery order refunds will be done by cheque.
Cancellation of order
We reserve the right to cancel any order at our sole discretion, under a situation where we are not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the our policy or for any other reason. However, we will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time.
Limitation of Liability
IN NO EVENT SHALL CHW BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF CHW HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to email@example.com