Terms and Conditions

Please carefully read the following terms and conditions before using the services of “Mynursery” App.

The access to using services is conditional on accepting and complying with these conditions. Such conditions will be applied to all users and any individual got access to the service; therefore, you have to admit to respect the terms and conditions, otherwise you are not eligible to access to our services and use the application.

The agreement of terms and conditions is made to subscribe to “Mynursery” App are.

1. When you create an account, you should at all times provide us with correct, accurate and new information, any failure to do so shall constitute a violation to the conditions, which may result in the immediate termination of the account.

2. You are held responsible for securing the passwords you use for accessing to our services and any other measures you may make via your password;however, you should immediately notify us of any breach of security or an unauthorized use of your account.

3. Our services may contain links to websites or web services belong to a third party, beyond the control of “Mynursery” App. These links are not regulatedunder, privacy policies of “Mynursery” app, thus we have no control over any content services or practices of any of these websites, and our app bears no responsibility over any link of what so ever.

4. While reading terms and conditions, you areaccepting that “Mynursery” App will not, directly or indirectly, held responsible for any damage or loss that could be allegedly caused by the use of any available contents, products or services offered by the app.

5. We are allowed to terminate or suspend the access to our services with immediate effect, without any former notice and held no responsibility, to a various of reasons including violation of the conditions.

6. Kuwait courts have the jurisdiction to consider any dispute arising of or in connection with any use of the services, or in relation to such terms and conditions (including the non-contractual disputes or allegations), subject to the laws of Kuwait.

7. Any failure to enforce any right or establishmentshall not be considered as abandonment to those rights.

8. In case any clause becomes invalid or unenforceable by a court order, the effectiveness of the remaining sections shall not be affected.

9. Such terms and conditions shall constitute the entire agreement regarding our services; and it shall emphasizing and sustenane any previous agreements may be mutually reached.

10. We are allowed to revise such provisions at any time and change this page. We are expecting you to visit this page from time to time to be kept updated about any changes.

11. We maintain the right to change the membership price at any time.

12. No party shall be held liable for any delay or failure to perform one’s obligations under this agreement happens for a reason beyond one’s control, including without limitation; acts of God, government act, war, fire, flood, explosion or civil disturbance. To avoid doubt, under no circumstances the customer is not released to any payment obligation under this agreement.

13. We are exclusively owning the intellectual property and commercial rights to our website, services and the advertised materials. All the rights are preserved; thus, you may not produce, reproduce, republish, download, broadcast, transmit, make it available for public, or use any content available on our website by any means, except for the non-commercial personal use.

14. The personal data we collect via the website will be shared with the nurseries and clubs and nurseriesthe time you become a member in it, or deliverymen while ordering any product or service, as well as the personal data will be used to inform you of your subscription status, however, it will not be shared with any business partner (s) without obtaining our consent (other than the previous circumstances), instead it will be strictly kept confidential unless we are forced under the applicable laws in Kuwait to disclose it, all we do is to send marketing messagesto the individuals who particularly asked for receiving such information.

15. We immediately respond to any product or service orders. In case the customer was not available at the address registered with the system, the product or service will not be delivered to any other place, in this case the customer has to accept all the legal responsibilities arising out of placing an order to a fake address.

16. You are allowed, within 5 minutes of placing an order, to cancel the order, furthermore, we have the right to cancel any order contains incorrectinformation, we will immediately notify you of any cancellation.

17. In case of any disputes may arise in connection with this agreement, the member agrees and declares that the introduction of any restrictions, microfilm, microfiche and computer records shall constitute a valid and reliable proof, and such regulations entitled to the characteristics of a contract, and the customer is previously conveyingall types of objection to the records of “Mynursery”.

18. When you place an order via our application, you are required to choose payment method, we do not care about your credit card data and saving any data, because you can pay the price in cash or by any other means at the door of your house, the payment by the credit card via the internet is just another option of payment, during the processing of the order we send the full data of the card to an appropriate company in an encrypted manner according to the acceptable international rules, at your choice we keep an encrypted part of the card data, giving full consideration to the practical, material and electronic protection measures related to your credit card data.

19. When you place an order for home deliveryproduct or service, please note that it is important to check the data and correct any errors before clicking “order” button, because the errors cannot be corrected once the date entry completed, when we receive your order, we will start preparing it, a message will be sent to inform you that the order is successfully received, if you pay in an unauthorized method, the order will be cancelled, and we will not be obliged to deliver the services.

20. Our website contains secure pages for collecting the users’ data, the most important data will be saved in encrypted manner, we use different administrative and technical practices that can help protecting the safety and confidentiality of the data.

21. You agree to compensate and hold “Mynursery”harmless against any claim, demand, damage (direct, indirect or consequential), including the attorney’s fees, arising from any alleged breach of the intellectual property rights or violation of the use terms or any other acts or omissions related to the application.

22. We take the customer satisfaction seriously, in case of problems with the order or subscription, please contact us, and we will help you in solving such problem, in case of issuing an invoice without receiving the order or getting incorrect order, it is possible to fully refund the payment, and in case of losing a part of your order, we will refund the value of such part, however, we will do our best to ensure your satisfaction in case of any suspicion.

23. While browsing our website, we will collect the browsing data that can show the pages you visited on the website, the type of characteristics you previously used, the duration of visiting the page and other remarks. We use such data to complete, support and analyze your purchases, facilitate and improve the use of the website, provide a relevant advertising content, it is only possible to reveal such information to our staff and those concerned with completing your transaction, deliver your order and support your use of the website.

24. In addition to the personal information that have been used at the time of logging into Mynursery, any materials you send or post on the website will be considered impersonal and non-confidential, we shall bear no liabilities towards such materials, and we are free to use the data, images, sounds, texts and the other things.

25. The customer can choose from the various payment methods available on the website, mainly: cash, credit cards, ATM cards, American express cards, Bookeey wallet, which offered via a service provider. We have the right to offer any other payment methods not available right now or cancel any existing ones.

26. The customer shall always ensure to have sufficient balance in the credit card in order to pay the order value before placing any, as well as the adherence to the credit limit and not engage in refunding the unauthorized payments.

27. Changing information of partners, including nurseries, subscription bundles, price and description of the product offered for sale on our application, is only limited to subscribed clubs and nurseries, in case of any providing any error information related to the price and product description, Mynursery may correct such error through cancelling the order and notifying the customer.

28. Sometimes, it is possible to find this website unavailable because of making some updates and maintenance, however, we will try to inform the customers and partners in advance of any failure, but we still have the right to change or suspend the service at any time.

29. All the credit or prepaid cards the customer usually uses to pay via Mynursery’s website or application must hold the name of the customer itself, otherwise the customer has to obtain a legal consent from the card holder.

30. Mynursery may use web analytics in order to follow up and analyze the web circulation, it is possible to publish the statistics or share it with a third party.

31. The time your subscription request is accepted by a club or a nursery, such acceptance constitutes an agreement between a customer and a partner, then Mynursery fully discharges any responsibility towards the customer.

32. In case of refunding payments made by error, the process may take between 2-7 days, a hard copy of refunding notification will be sent to the customer to be used as a reference in case the customer desires to refer to a bank.

33. Once the customer carefully read all terms and conditions, the customer is fully responsible for executing and submitting the request by using the prepaid or credit card.

34. If you are eligible to use our app, you will be given a limited license to log into the app and use it according to the specified powers, you have the right to download or print a copy of any part of Mynursery content for non-commercial use.Mynursery preserves all the rights not given explicitly.

35. Forbidden activities including:

– Any unauthorized use of Mynursery services, including collection all names of users and email addresses with the intent to send email spams.

– Creating unjustified burden on the website, networks or relevant services.

– Attempting to appear with fake personality or another user.

– Removing copyrights or other intellectual property notifications from any contribution or content on Mynursery.

– Using the website contrary to the applicable rules and laws in State of Kuwait.