TERMS AND CONDITIONS

 

These Terms and Conditions ("T&Cs") and the Venture Co. Privacy Policy ("Privacy Policy") constitute the complete and binding agreement between you (“you”, “user”) and Venture Co. ("Venture", "we", "us", "our") with respect to the use of this mobile or web application ("App") and its content. By using this App, including asking questions, inspecting content and entering data, you signify your consent to these T&Cs.

 

Venture reserves its right to enter amendments and revisions to these T&Cs without prior notice or warning. Your ongoing use of the App despite the changes made to these T&Cs, signifies your approval of these changes.

 

Information about this App

 

This App allows individuals to search for and engage with activities providers and other vendors and services described on this App (“Third Party Vendors”). Venture has prepared this App in good faith. Information on this App may be derived from third party sources.  Venture believes the information on this App is accurate and up to date; however, Venture makes no representation or warranty as to the accuracy or currency of the information.

 

All prices quoted on the App are in Kuwaiti Dinars, unless otherwise indicated. Prices quoted on the App should be used as a guide only as they may change from time to time. 

 

Venture may cease, interrupt, or withdraw your access to the App for any reason, including for upgrades and maintenance of the App.

 

This App includes services that are available via a mobile device. To the extent that you access the App through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain services may be prohibited or restricted by your carrier and not all services may work with all carriers or devices. Venture does not warrant that your access to the App will be uninterrupted or error free.

 

To the fullest extent permitted by applicable law, Venture does not accept liability for any claims or losses arising directly or indirectly from: a failure to provide the App, or any part thereof; corruptions to or loss of data, errors or interruptions occurring in the course of using, or as part of, the App; any suspension or discontinuance of any service, or any part thereof; or any use of the App by other users, including any use of the App by other users in manner which contravenes this document.

 

Registration

 

Venture may require you to register in order to access certain features or services offered on or through the App (including setting up a user ID and password).

 

Where you register with Venture, you must keep your registration and login details confidential. You will be responsible for any access to and all activity that occurs under your account on the App using your registration details, even if the access is by another person, or as a result of your failing to keep this information secure and confidential. 

 

Our Role as Venture 

 

Venture provides an activities marketplace to connect users and Third Party Vendors where users may reserve activities within Kuwait (“Services”); Venture accepts no liability for any aspect of the interaction between you and any Third Party Vendor made on the App; It is the user’s responsibility to make the final choice as to which Third Party Vendor it reserves from. A user will be able to reserve the Services through the App (“reservations”); Venture does not vet the Third Party Vendors and does not warrant the suitability or quality of Services of any Third Party Vendors; and the final decision on which Third Party Vendor you engage with is made by you.

 

Reservations

 

When a user places a reservation through the App, a message confirming your reservation by the Third Party Servicers or Third Party Vendors (the "Confirmation Message") will be sent to you by Venture on behalf of the Third Party Servicer or Third Party Vendor. The contract for the supply of any Service you reserve through us will be between you and the Third Party Vendor and will only be formed when you have been sent a Confirmation Message. 

 

Venture reserves the right to charge the user for Services and refuse delivery without the right for refund by the user if the user does not provide Venture with accurate information such as name, email address or telephone number.

 

Cancellation

 

The user may cancel according to the cancellation policy detailed in the App. Users may cancel reservations by contacting Venture. Venture and the Third Party Vendor may cancel or modify any reservation and will contact the user when a reservation is cancelled with the reason of cancellation. Users will not be charged for any reservations cancelled in accordance with this clause. Any payment made prior to a reservation being cancelled by Venture or a Third Party Vendor will may be reimbursed using the same method the user used to pay for its reservation within reasonable time. Any reservation cancelled within twenty-four (24) hours or less by a Third Party Vendor will be charged to the user and is not subject to a refund.

 

Price and Payment

 

The price of any reservation will be listed on the App. Prices will vary between activities. Prices are subject to change at any time, but changes will not affect reservations after receipt of the Confirmation Message, in the case of an obvious pricing mistake, Venture will notify you as soon as we can about the pricing issue. You may be able to cancel your reservation once we notify you. Some of the activities listed on the App may be incorrectly priced. Payment for all reservations may be made by credit or debit card or, in some cases, cash through our Services. Once your reservation has been confirmed your credit or debit card will have been authorized and the amount marked for payment. Payment is made directly to Venture. Venture is authorized by the Third Party Vendors to accept payment on their behalf and payment of the price of any Services to Venture will discharge the user’s obligations to pay such price to the relevant third parties.

 

Third-party electronic banking services or payment gateways such as K-net’s payment gateway for the App will be used to process payments. The user agrees that Venture shall not be liable for any issues user may encounter with these third-party electronic banking services or payment gateways.

 

When a user commits to purchasing a Service from the Third Party Vendors, the user agrees that it is entering into a legally binding agreement with the Third Party Vendors. The user also agrees that Venture is not a party to your agreement with the Third Party Vendors.

 

Service Fee

 

Venture is an intermediary between the customer and the Third Party Vendor. Venture is charging customers or Third Party Vendors for providing a Service, please be aware that the fee may be increased or decreased at any time.

 

Refunds

 

Venture retains the rights to issue refunds to users. Venture , at its sole discretion shall review the request for refund and decide whether a user will receive a refund. Refunds may be reimbursed through cash or credit at Venture’s sole discretion.

 

Social Networking

 

You may, in the future enable or log in to the App via various online third-party services such as social media and social networking services including Google.

 

To utilize this feature, we may ask you to authenticate, register for, or log into the relevant social media or networking service on the website of the respective provider. As a result, we will be provided with access to certain information that you provided to the relevant social media or networking service, and we will use, store and disclose such information in accordance with our privacy policy.

 

User Interaction

 

The App may enable you to communicate with Third Party Vendors or other users, or to post materials that may be made publicly available.

 

You acknowledge and agree that: Venture does not accept any responsibility or liability for the accuracy or content of posts or transmissions made by other users or the Third Party Vendors, and Venture is not responsible for any loss or damage of any kind, or any claim, resulting from any action taken or reliance made by you or the Third Party Vendors regarding any information or material obtained from another user or Third Party Vendor and/or made available by another user or Third Party Vendor; you are, and Venture is not, responsible for resolving any disputes you may have with other users or Third Party Vendors of the App and Venture does not confirm each user or Third Party Vendor’s purported identity on the App. We may provide information about a user or Third Party Vendor, such as the Services they provide or geographical location, or macros and specifications of the Services, however, this information is based solely on data that a user or Third Party Vendor submits and we provide such information solely for the convenience of users and the provision of such information is not an introduction, endorsement or recommendation by Venture as to the user or Third Party Vendor’s quality of Services.

 

Third-Party Applications

 

You may be able to access certain third-party links, applications, content, services, promotions, special offers, or other events or activities (“Third-Party Applications”) through the App. If you choose to access these Third-Party Applications, you may be requested to log-in and sync your accounts with such applications. You are in no way obligated to use any Third-Party Applications, your access and use of such applications is entirely at your own risk, and Venture has no associated liability. In addition, Venture is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Applications. As such, Venture is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Application

 

Push Notifications and Location-Based Features

 

We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Venture services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications.

 

Content Use

 

The content is licensed for your personal use only. The commercial use or commercial redistribution of any content is not permitted. Any special rules for the use of certain software and other items accessible on the App may be included elsewhere within the App and are incorporated into these T&Cs by reference.

 

The content is protected by copyright under both Kuwaiti and foreign laws. All content remains the property of the App’s owner or its licensors. Any use of the content not expressly permitted by these T&Cs is a breach of these T&Cs and may violate copyright, trademark, and other laws. content and features are subject to change or termination without notice in the editorial discretion of the owner. All rights not expressly granted herein are reserved to Venture and its licensors. If you violate any of these T&Cs, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of any portion of the content.

 

Submissions

 

The personal information you submit to Venture is governed by the Privacy Policy. In the event of any inconsistency between these T&Cs and the Privacy Policy, the terms of these T&Cs shall govern.

 

The App contains functionality such as public reviews that allows users to upload content to App (collectively "Public Areas"). You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. BY SUBMITTING COMMUNICATIONS OR CONTENT TO THE PUBLIC AREAS, YOU AGREE THAT SUCH SUBMISSION IS NON-CONFIDENTIAL FOR ALL PURPOSES.

 

If you make any such submission, you agree that you will not send or transmit to Venture (by email or otherwise) any communication or content that infringes or violates any rights of any party. If you make any submissions, including but not limited to data, questions, comments, suggestions, any business information, idea, concept or invention by email, you make such submission without any expectation of compensation or of confidentiality. If you make any submission to a Public Area or if you submit any data, question, comment, suggestion, business information, idea, concept or invention to Venture by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted- Venture the complete right to freely use such submissions in any way, commercial or otherwise, and for any purpose whatsoever, including the right to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, publicly perform or display the communication or content (in any media or medium, or any form, format, or forum now known or hereafter developed), or otherwise communicate to the public, in the form of a royalty-free, perpetual, irrevocable, worldwide nonexclusive license. Venture may sublicense its rights. If you wish to keep any data, question, comment, suggestion, business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Venture by email. 

 

Image, Video, Audio Files Submissions

 

You agree to only post or upload photos, videos, audio or other media (“Media”) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner. You agree that you are responsible for any submitted media that contains Personally Identifiable Information of you, or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited. By uploading any media on the App, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

 

By uploading any media like a photo or video, (a) you grant to Venture the complete right to freely use such media and any material included therein in any way, commercial or otherwise, and for any purpose whatsoever, including the right to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, transmit, distribute, publicly perform or display the media or content, in the form of a royalty-free, perpetual, irrevocable, worldwide nonexclusive license; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Venture to freely use such media and any material included therein in any way, commercial or otherwise, and for any purpose whatsoever, including the right to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, transmit, distribute, publicly perform or display the media and any material included in such media; and (c) you agree to indemnify Venture and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document. Venture reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

 

Passwords

 

Venture has several tools that allow you to record and store information.

 

YOU ARE RESPONSIBLE FOR TAKING ALL REASONABLE STEPS TO ENSURE THAT NO UNAUTHORIZED PERSON SHALL HAVE ACCESS TO YOUR PASSWORDS OR ACCOUNTS AND FOR KEEPING THEM PRIVATE. 

 

It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your Venture account and password; (3) promptly inform Venture if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact Us" link in our App. You grant Venture and all other persons or entities involved in the operation of the App the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the App. 

 

IN ALL CASES, VENTURE CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE DISCLOSURE OF ANY INFORMATION, INCLUDING ANY INFORMATION THAT WAS INTENDED TO STAY PRIVATE AND CONFIDENTIAL OR ANY PERSONALLY IDENTIFIABLE INFORMATION RELATED TO YOU OR TO OTHERS, THAT YOU HAVE SUBMITTED IN ANY AREA OF THE APP, WHETHER A PUBLIC AREA OR AN AREA PROTECTED WITH A PASSWORD. VENTURE ALSO DOES NOT ASSUME ANY LIABILITY FOR YOUR OR THIRD PARTIES' USE OR MISUSE OF INFORMATION TRANSMITTED OR RECEIVED USING VENTURE TOOLS AND SERVICES. You are responsible for maintaining the confidentiality of any passwords associated with your account and for monitoring all activity under the account. You will assume full responsibility for all activities that occur under your account.

 

Liability

 

The use of this App and its contents is at your own risk. When using Venture, information will be transmitted over a medium that may be beyond the control and jurisdiction of App owner. Venture assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the App. Venture and the content are provided on an "as is" basis. VENTURE AND ITS OWNER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. VENTURE MAKES NO WARRANTIES AND IN NO EVENT SHALL BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE INFORMATION FOUND ON THE APP OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE APP.

 

Without limiting the foregoing Venture makes no representations or warranties about the following:

 

1- The accuracy, reliability, completeness, currentness, or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of the App.
 2- The satisfaction of any government regulations requiring disclosure of information on the Products or the approval or compliance of any software tools with regard to the content contained on the App.

 

In no event shall Venture or any third parties mentioned on the App be liable for any damages whatsoever resulting from the use of or inability to use the App or its contents, whether based on warranty, contract, tort, or any other legal theory, and whether or not Venture or any third parties mentioned on the App are advised of the possibility of such damages. Venture or any third parties mentioned on the app are not liable for any damages whatsoever, caused by the use or misuse, by you or any third party, of the App, its content, Public Areas, or any other information submitted, transmitted or received via the App. 

 

IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR INFORMATION AVAILABLE THROUGH THE APP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APP.

 

Venture to be used responsibly

 

The App and its contents may not be used for any illegal purposes and it is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, harassment, defamation,  offensive images or conduct, obscenity, pornography, sexually explicit or any material that is harmful to minors or that is racially, ethnically or otherwise offensive, or that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these T&Cs and the Privacy Policy. You agree that you will not upload any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this App.

 

 

Third-Party Applications
 

Venture does not recommend and does not endorse the content on any third-party websites or apps ("Third-Party Applications"). Venture is not responsible for the behavior, features or content of linked Third-Party Applications, or Third-Party Applications framed within the App, or provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of these Third-Party Applications is at your own risk and is subject to their terms of use. Venture does not endorse any product, service, or treatment advertised on the App. Venture will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the App.

 

Indemnity

 

You agree to defend, indemnify, and hold Venture , its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these T&Cs.

 

Access to Content

 

Venture makes no claims that the Content is appropriate or may be downloaded outside of Kuwait. Access to the Content may not be legal by certain persons or in certain countries. If you access the App from outside Kuwait, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

Governing Law and Jurisdiction

 

You expressly agree that exclusive jurisdiction for any dispute with Venture, or in any way relating from your use of the App, resides in the courts of the State of Kuwait and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Kuwait in connection with any such dispute including any claim involving Venture or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

 

These T&Cs are governed by the internal substantive laws, regulations and administrative decisions of the State of Kuwait, without respect to its conflict of laws principles. If any provision of these T&Cs is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these T&Cs, which shall remain in full force and effect. No waiver of any of these T&Cs shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

Copyright Infringement

 

If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from this App by contacting Venture and submitting a notice of alleged copyright infringement, including where possible:

 

1- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

 

2- Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.

 

3- Your name, address, telephone number and (if available) e-mail address.

 

4- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

 

5- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

 

6- A signature or the electronic equivalent from the copyright holder or authorized representative.

 

 

Trademark Notices

 

All trademarks, service marks, logos and designs used on this App, whether registered or unregistered, are the sole property of Venture or other third parties. If you would like to use or display any trademarks, service marks, logos or designs owned by Venture or its affiliates, you must ask for Venture’s prior written consent and permission.

 

Modification or Suspension of the App

 

Venture reserves the right to modify, discontinue, or suspend its operation of or the services provided on this App, or any part thereof, at any time, temporarily or permanently, without notice to you, and without liability for any modification, or discontinuation or suspension of the services or any function or feature thereof. Venture has no obligation to maintain, support, upgrade, or update the App, or to provide all or any specific content through the App.

Termination

 

You are required to honor these T&Cs as well as the Privacy Policy. If you violate any of these T&Cs or any of the Privacy Policy terms, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of any portion of the content. After termination, you shall no longer access the App. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.

 

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Submissions, Image, Video, Audio Files Submissions, Indemnity, Governing Law and Jurisdiction.