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AGREEMENT TO TERMS

PLEASE READ THE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

This User Agreement (this “Agreement”) is a legally binding agreement between you (“you” or “User”) and Mawqif Web Design & Development Co. L.L.C (“Company” “we,” or “us”). This agreement governs your access or use of the mobile applications (“App”), websites, content, products, and services (the “Services,” as more fully defined below in Section 1).

We may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

We retain the right to change the content of the App and this Agreement at any time by posting a revised version on the App. We will provide a reasonable advance notice of any amendment that includes a Substantial Change by providing notice on the App, and/or sending you notice by email. If the Substantial Change includes an increase to our Fees, we will provide at least Two Weeks advance notice of such change. Any revisions to the Terms of Service will take effect on the noted effective date (each, as applicable, the “Effective Date”). Your continued Use of the App constitutes acceptance of the then current version of these Terms.

By accessing or using the Services, you confirm your agreement to be bound by these Termsand our Privacy Policy. If you do not agree to these Terms,please refrain from accessing or using the Services.

  1. Definitions:
    1. “Parking Charges”: means charges imposed by participating parking/event owners or operators including parking fees, reservation fees, service charges, and all other costs, charges, and fees related to a Parking Session.
    2. “App Fees”: means fees charged by us on a transaction basis that include: (i) Fees charged when you fund your wallet; and (ii) charged when you pay for a parking session.
    3. “Parking Session”: means the time period your vehicle parked in a parking space.
  2. Services:
    1. Our App is a platform that connects users with car park and event operators. Our App allows user to find, reserve and pay for parking through our Mobile Payment and Pay-Per-Use system.
    2. In Mobile Parking a user drives to the entry of a participating parking facility and identifies himself/herself with a medium or takes a short-term parking ticket. During parking, the App asks the parking system for parking duration and parking fee, based on the used medium. The transmitted parking fee is booked by the App and registered in the parking system. The user drives to the exit and is allowed to leave the parking facility if the parking fee was paid in full.
    3. In Pay-Per-Use, a user registers in the App, defines identification medium (e.g., license plate number, barcode, RFID tag) and stores valid payment details. User drives to the entry of a connected parking facility and is identified by defined identification medium. Parking system conducts online permission check via the App which confirms permission, parking system opens the barrier and parker enters parking facility and the parking system transmits entry details to the App.
  3. Registering for an Account:
    1. To access and use Services, you must register for an Account. We reserve the right to decline a registration to join for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.
    2. If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including this agreement, on behalf of yourself and the company.
    3. When you register for an account, you will have access to an E-Wallet. To be able to use Services,your E-Wallet account must be funded with a minimum of 1 Kuwaiti Dinar through one of available payment methods (K-Net, Credit Card).
    4. Each time you use your Wallet to pay for a transaction, the applicable Parking Charges and App Fees will be deducted from the funds in your Wallet Account.
    5. You agree to provide true, accurate, and complete information when you open an account and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or vehicles ID, and to correct any such information that is or becomes false or misleading.
  4. Using the App:
    1. You are responsible for keeping your password and login information for the App confidential. We are not responsible for any failure by you to keep your password secure, or any unauthorized access to your Account or Personal.
    2. You agree to notify us immediately of any unauthorized use of your Account. Until you notify us of any unauthorized use of your account, we will continue to process Transactions and charge them to your Wallet.
    3. Parking Restrictions shall take precedence over any information that you receive from us (e.g., a prohibition on parking in a certain area). Your Use of the App does not in any way exempt you from identifying and complying with the Parking Restrictions.
    4. Parking Charges vary as a result of parameters set by the parking operators such as Parking Location, time of day, day of the week, special events, and the like and these variances are beyond our control and may not be reflected in the Platform in a timely manner.
    5. Increases or other changes to parking charges and changes to the Parking Restrictions are beyond our control and may not be reflected in the App in a timely manner. We are not responsible for any such changes imposed by parking/event operators at the time of the Parking Session. You are solely responsible for determining the parking rates applicable to your Parking Session before commencing a Parking Session.
  5. Payment:
    1. You are responsible for all Transactions initiated using your Account and the related charges. If you allow another person or persons to access or use your account, you will be liable for all Transactions incurred by those persons using your account.
    2. We shall process the amounts for Transactions by charging your Wallet at the time of your Transaction. If you do not have the minimum amount required (as set above in 3.C), you will not be able to complete the transaction and you either have to (i) fund your wallet, or (ii) complete the transaction manually by paying in cash.
    3. If, in good faith, you dispute any App Fees, you must provide written Email of the dispute containing transaction details to: ????? within thirty (15) days of the date of the transaction. Your failure to comply with this procedure shall constitute your approval of such fees.
    4. You acknowledge and understand that Parking charges are imposed by and paid directly to parking operator. We cannot refund the fees the parking operator has collected.
  6. User Conduct:
    1. By using the App, you acknowledge and agree to following:
      1. You will not use the App for any unlawful purposes.
      2. You will abide by all traffic and parking rules and restrictions.
      3. Upload any content that contains a software virus, “Trojan Horse” or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the App.
  7. Copyrights, Database and Content Rights:
    1. We are the legal owner of all content on the App and the Database. All copyright, trademark and other intellectual property rights on the Database work, the Database itself and the content, data and other items placed therein shall belong exclusively to us; this shall not affect any rights of the User in the content provided by said User.
    2. Users may not use the data obtained by means of the App data retrieval or search result whether in full, or in part or in extracts, for the purpose of compiling a database of their own in any form of media, nor for any act of commercial data processing or provision of information, nor for any other commercial purpose. Linking, integrating or in any other way connecting the Database or individual items from within the Database to other databases or meta-databases shall not be permitted.
    3. All of the intellectual property rights (including, without limitation, inventions, patents and patent applications, trademarks and trademark applications, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered) in or to the Services and the Content are owned by and/or licensed to us and are protected by applicable copyright and other intellectual property laws.
    4. Subject to these Terms, users are granted a non-exclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to Mawqif’s App, content and database for the purpose of using the Services in accordance with these Terms and the Privacy Policy. All rights not expressly granted to user under these Terms or Privacy Policy are reserved by us and/or its licensors.

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