These terms and provisions ("Terms", "Agreement") are an agreement between Kuwait Flour Mills & Bakeries Co. ("Company", "we" or "our") and you ("Client", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of KFMB mobile application/Website (unsubsidized feed sales window), (collectively referred as, "Online Services"), this agreement amounts to a company contract with client and defines all rights and obligations between the parties.
The company provides electronic services to enable certain clients/client to manage and process their transactions through the eta portal, which includes but isn’t limited to sales of flour, unsubsidized feed and withholding advance dates. It is agreed between both parties that the availability and use of electronic services is subject to the terms and provisions of this agreement.
Relying on the mutual commitments and declarations contained in this agreement and the applicants consent to take advantage of the company’s electronic services contained in this agreement, which are an integral part of this agreement. Client agrees, accepts, approves and authorizes the following:-
Definitions
The following words and expressions shall have meaning indicated in the context of each of them wherever they appear in these terms and provisions:-
The Company: Kuwait Flour Mills and Bakeries Co. (KFMB).
Client: Means any natural or legal person who has concluded this agreement with the company to take advantage of the company’s electronic transactions portal and has accepted and approved the terms and provisions set out therein, whose application has accepted by the company.
Products: Means Unsubsidized feeds, flour and any other products the company may decides to add from time to time.
Online Services: Means online application or online portal which provided by Kuwait Flour Mills and Bakeries Co. whereby a client is allowed, through any personal telephone, computer, browser or internet service provider, to access the company electronic portal to perform some or all of the electronic transactions.
Electronic Transactions: Means the services that company offers through the electronic portal which enables clients/client to manage and process their flour sales and unsubsidized feeds sales include, but not limited to, the following transactions:-
- Registration into the electronic portal.
- Issuance and pay flour vouchers value via KNET gate for advance payment.
- Booking an online advance date to visit the company in order to pick up items that flour invoices has been issued for.
- Issuance any pay unsubsidized feeds invoices sales value via KNET gate for advance payment.
- Booking an online advance date to visit the company in order to pick up items that unsubsidized feeds invoices has been issued for.
- Query on issued sales invoices.
- Inquiries about advance booking dates and the possibility of cancelling and book a new date as available.
SMS service: it’s a kind of online services the company provides which allows the client to receive an advance determined SMS via mobile phone and his favorite mobile service provider which may include data and/or specific info includes but isn’t limited to:
- Account data notification of service registration.
- Issued invoices data notification.
- Booked date notification.
Personal Computer: Means the PC and applications belongs to client or use it.
Browser: Means the application which client uses to watch the internet documents through HTML format and customized with the services of the company electronic portal, Client must own a valid version of the browser application on his PC.
Accounts and Membership
If you create an account through the online services, you are responsible for personal data you provided (ID number) that belongs to you, as well you are responsible to maintain the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, as well we will not be liable for any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent registration again.
Information Security
- The client agrees, accepts, approves and undertakes to maintain the absolute confidentiality of any and all documents and information on electronic service provided to the client regarding user name and passwords, whether issued by the company or chosen by the client. A client shall not use his personal account data for any other purposes.
- The client shall takes all the necessary precautions to prevent third party use of user name and password.
- A client shall not write down his personal user name and password in a way that can be accessed or used by anyone else.
- A client must never divulge his user name and his password to anyone.
- If the client ascertain the user name and password confidentiality, the client will avoid any transaction on his account by anyone else.
- The company is not liable for any damage caused to the client due to loss of his user name and password, disclosure them to third party or fraudulent use of them.
- The client takes the following responsibility:
- Misuse of online services or online transactions.
- Misuse of user name and password, devices or any other means of access allowed by the company for use in obtaining the services, online transactions specified in this agreement.
- Insuring that mobile devices remain at all times with the client.
- If the client suspects that anyone knows the password, the client immediately commits to change his password, and failure to do so will cause the client to be liable for any transactions made on the account.
- The client bears the consequence of his involvement or the seizure of invoice statements issued and paid by him or by any other person, whether or not it has resulted in receipt to another person of these invoices, for which the company bears no liability.
- The company will make every effort to deliver online services at the times stipulated in marketing materials but will not abide by those times or take responsibility for its inability to comply with those times.
- Any transactions carried out by the client using the e-services on the e-portal will be shown.
- The client agrees that the company shall not be liable for any loss or damage of any kind incurred or suffered by the client or third parties as a result of information leaked, whether password or invoice statements or otherwise.
- The client agrees that the company shall not be liable for any loss, damage, cost or expenses of any kind incurred or sustained by the client as a result of a breach of the terms and provisions of this agreement.
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The client agrees that the company will not tolerate any errors, omissions or delays, etc., in the following cases:-
- Internet disruptions caused by communications infrastructure.
- Failure due to network congestion.
- Changing the client’s cell phone number without prior notice.
- The presence of a client in non-signal area.
- Any other causes beyond the company control.
- Failure to attend with the invoices data received via E-mail.
- Failure to attend with the pre-booking date to access the company headquarter in order to receive the invoices.
- The client Acknowledges that his attention has been drawn by the company and that he is aware of the limitations of technology and restrictions on the use of electronic services depends on applying technology and use restrictions, he relieves the company of any liability for that or for its inability to use electronic services for whatsoever reason.
Pre-booking date
Performing the client electronic transactions through the electronic portal and booking the advance date for product delivery gives client the priority over other company audience in entering the company’s headquarters on time and receiving the products.
Backups
We are not responsible for content residing in our online services whenever re-copied in any way. In no event shall we be held liable for loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content caused by your mistake or deleted data from your cell phone or your personal page in the e-portal. It’s your responsibility to maintain proper backups of your content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted. But we make no guarantee that the data you need will be available.
Prohibited Uses
In addition to other terms as set forth in this Agreement, you are prohibited from using the online services or its Content: (1) for any unlawful purpose; (2) to inducing, attracting or encouraging others to engage or participate in illegal acts; (3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (5) to harass, abuse, insult, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, or based on religion, ethnicity, race, age, national origin, or disability; (6) to submit false or misleading information; (7) to upload or transmit viruses or any other type of malicious code that may be used in any way that affects the functionality or operation of the online services or online transactions or any related mobile applications, other mobile applications, or the Internet; (8) to collect or track the personal information of others; (9) spam, removal or scraping; (10) for any obscene or immoral purpose; (11) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet.
We reserve the right to terminate your use of the online Services or any mobile applications relevant to your practice of any of the prohibited uses.
Intellectual Property Rights
Software for our Online services and available on the company’s web portal and intellectual property rights, including copyright, the content of the portal, the information reporting it and materials available on it are limited intellectual property. Your use of any of the above grants you no right or license to reproduce or otherwise use or development of rights arising or derived from them for your benefits or on behalf of third parties.
Disclaimer of warranty
By accepting this agreement, you agree that your use of online Services is solely at your own risk. We explicitly abdicate our responsibility for all guarantees of any kind, whether express or implied. We make no guarantee that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor do we make any guarantee as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and your advance risk assessment and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any advice or information, whether oral or written given by third parties. We guarantee only herein, the validity of the barcode sent to you after payment of the selected products, and the validity of the selected and value paid products for only 30 days (only not more) from the date of payment of the purchase invoice, with the exception of unsubsidized (SHOWAR) feed which validity to be for two weeks only according to what recorded in invoice.
Limitation of liability
By accepting this agreement, you will waive and exonerate - to the maximum extent permitted by law - the company, its directors, employees and agents for all claims and for all direct and indirect material or moral damages, actual or foreseeable damages, damages arising out of loss of profits and damages arising out of the use of data, information or materials, and in no case shall the company be liable to the client/clients for any damages of any kind, even if informed of the possibility of such damage or if foreseeable.
Sale and Receipt
Once you use the online services, you agree that an online purchasing is done once you choose the type of products and then you choose the method of payment then you pay its value. Once the payment is complete, you must keep the barcode that indicates that you paid for the products to pick it up at a place designated by the company. By accepting to use the online services, you certify that the receipt barcode will not be valid after 30 days of the date of the purchase invoice, except that of the (SHOWAR) feeds to be valid within two weeks of the date of the purchase invoice. You recognize that once the stated period is over, it amounts to a waiver of the feed purchased, and you are not entitled to claim refund from the company or receive a replacement quantity, in such a case, you commits to review the company and follow the procedures for reinstating the validity of the purchase invoice.
Payment Policy
You may use the Online Services and E-payment where they require you to pay for the ordered products with the KNET payment credit card made through the e-payment intermediary window, you agree that all credit card data you entered on the KNET payment mechanism are valid, specific, or allowable to use, and assume full liability as long as you use bank data that not belongs to you or unbeknownst to its owner, without any liability on the company or any of its employees.
Indemnification
You agree and commit to indemnify the company and its directors, officers, employees, and agents any obligations, losses, damages or costs, including attorneys' fees, incurred by the company in connection with any allegations, claims, actions, disputes, litigations or claims by the company or by any third party as a result of your misuse of online services or any intentional/unintentional misconduct on your part.
Applicability Limits
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding to the extent that they do not violate or conflict with any applicable laws. If any provision or portion of any provision of this Agreement considered to be illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof are binding and shall remain valid and in force .
Laws Applied on Disputes Resolution
The agreement interpretation and implementation shall be governed by Kuwaiti Laws and the courts of the state of Kuwait are competent to adjudicate any dispute arising from it.
Delegation and Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part to others, without the company prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer, authorization of third party shall be null and void unless accompanied by prior consent of the company. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party.
Changes and Amendments
We reserve the right to modify the terms and provisions of this Agreement relating to the online services. Nevertheless, the company will seek to communicate these modifications and/or changes to the client using the best possible methods. Continuing to use of the online services after applying any changes or modifications shall considered to be your approval of such changes or modifications.
Acceptance of these terms
By clicking the button below, you admit that you have read and accepted this Agreement and agree to all of its terms, conditions and provisions.
Contacting us
If you have any questions about this Agreement before accepting it, please contact us on 24841866
This document was last updated on 10- August- 2020
