1- First party/ Boon: Boonarabia Company- an electronic platform company owned by a shareholding company (KSCC).
2- Secondparty / Subscriber:
3- Agreement: means this user Agreement, which may be renewed, changed and/or amended from time to time.
4- Effective date: It is thedate on which the terms of this agreement take effect starting from its conclusion through electronic signature as indicated in this agreement.
5- Website / Boonarabia: means Boonarabia.com and the application.
6- The Campaign(s):means fundraising projectscreated by charities through the "Boonarabia" platform, to collect donations from users for the stated purpose of thecampaign.
7- The campaign owner: means the subscriber whocreated the campaign.
8- Subscriber(s): means each bodylicensed to collect charitable donations and wishes to create an account with the "Boonarabia" platform, andsubmits an application approved by the first party along with signing the electronic or written subscription agreement and accepting the terms andconditions contained therein.
9- User(s): meansevery registered person or company wishing to create an account with “Boonarabia” and submit an application approved bythe first party along with signing the electronic agreement and accepting the terms and conditions contained therein, for the purpose of participatingin the campaigns.
10- Donor: means the user either it is person or company that donates money to the campaign.
11- Donation: means any amount of money settled to the campaign.
12- Subscriber Account: The account created by the subscriber in “Boonarabia” for the purpose of creatingdonation campaigns.
13- User Account: means the account created by the user in “Boonarabia” for the purpose of participating in campaigns.
14- Account Balance: means the cash amounts available in the Boonarabia subscriber's account.
15- Available Balance: It is the sum of cash amounts that the subscriber is allowed to withdrawfrom his account.
16- Bank: It means European and American banks, and Gulf, Arab and foreign banks.
17- Bank account of the subscriber: means subscriber account with the bank.
18- Bank card: It is American Express, Visa card, Master Card, or ATM cards issued by banks and all electronic payment gateways as per showed to the user in each country.
19- Cardholder: means the individual whose name is affixedto a validcard and anyauthorized user of that card by the Bank.
20- Transaction: In this agreement, it means any donation processin the campaigns created by the subscribers, which is made by the user through the electronic payment gateway via the internet.
21- Transaction Execution: means any payment process that the user performs and is actually executed.
22- Valid Transaction: means those transactions that are validly completed with a valid card and executed by the User.
23- Transfer: means the transfer of amounts paid in favor of the subscriber by the users to the Subscriber’s account, in accordance with the terms of this Agreement.
24- Banking Day: Bank working days.
25- Electronic payment gateway: any electronic settlement method through the internet made available by Boonarabia platform.
26- Service provider: means anythird partywith whom an agreement is made toprovide its services to the subscriber and the user through Boonarabia, including but notlimited providing the electronic payment gateway service.
Under this agreement, the subscriber creates an account with “Boonarabia” upon signing this agreement in accordance with the terms and conditions contained therein, for the purpose ofproviding the service of creating and promoting charitable donation campaigns through the Boonarabia platform, so that users can contribute to the campaigns announcedthrough the Boonarabia platform. It is known to the second party that the conclusion of this agreement makes him one of the subscribers in “Boonarabia”. From the date ofcreating the subscriber’s account, and the subscriber acknowledges that there are no legal impediments and restrictions that prevent him from subscribing to “Boonarabia”,and providing its services to users, and the subscriber is obligated to provide the first party with documents and the information necessary to create the account. The first party has the right to request any other documents it deems necessary, and the second party acknowledges that the terms and conditions of this agreement shall control all the transactions that commence from the signing of this agreement.
It is agreed that when the subscriber's account is created and authorized to use it, the second party willcreate campaigns for charitable projects through Boonarabia. The first party shall enter whatever transactions made on second party’s account and to transfer amounts of donations through service provider of the electronic payment gateway from account of the user who did the transaction and to add it into account balance of the second party. It is known also to the second party that the paymentof the value of the transaction is made using the bank card, and the transaction is transferredvia electronic means to the subscriber in order for him to carry it out, and the first party has the right todeduct the service fees indicated in this agreement immediately after the request is executed.
The second party establishes its charitable campaigns announced through Boonarabia, which includes the details of the campaign and its terms and conditions,including any incentives offered to donors by the campaign owner to motivate the user to donate to his campaign. The subscriber acknowledges his responsibility to fulfillthe incentives promised to the donors, without the minimum responsibility on the first party. Any user is entitled to donate to the announced charitable campaignsthrough “Boonarabia”, and the payment of the value of the donation as described in the terms and conditions of any campaign created in “Boonarabia” and otherfees related to the donation, if any. In the event that the campaigncreated was for the benefit of an individual, then the subscriber must in this case provide the first party with the written consent of the individual subject of thecampaign and his acknowledgment of the purpose of collecting donations, as well as all official papers required by the first party to verify the validity of the individual's data.
1- Entering all valid transactions in the account of the second party with “Boonarabia” as set out in this agreement.
2- Taking reasonable steps to ensure that service line, security and authorization system are fully maintained and in good working order.
3- The firstparty may stop operating the site at any time, whether temporarily or permanently.
4- The first partyhas the right to use the site for commercial and advertising purposes for other projects.
5- The First Party shall have the right to transfer, assign or subcontract all or part of any of its rights or obligations under these condition or any otherrelevant contract, with any third party.
6- The First Party shall have the right to unilaterally terminate this agreement at any time and cancel the account of the subscriber at any time without theneed to state the reasons, and without the right of the user to return to the first party for compensation or any claims or expenses, whatever theircause. The amount will be returned to the donors after deducting the expenses owedto Boonarabia.
7- The first party uses a system through which all transactions are verified and proved.The data contained in the system constitutes a basis that cannotbe challenged and the subscriberacknowledges its correctness.
8- The first party does not have any authority to supervise, follow up, approve or guarantee the service provider or anyauthority to oblige the service provider to the applicable laws and regulations as this responsibility lies on the service provider alone, and the subscriber mustreview and verify the information and data provided byservice provider.
9- The first party has the right to use programs and technologies to save some information, track data, the number of visitors and theirinformation, in addition to using programs for third parties such as advertisers or advertising agencies who place advertisements on the website.
1- This Agreement grants the subscriber an exclusive, limited, non-sublicensable, non-transferable license to use the services offered by Boonarabia.
2- In theevent that his registration information ischanged during the subscription period with Boonarabia, the second party undertakes to notify the first party, accompanied by all official supportingdocuments, and the subscriber shall solely bear all civil and penal and legal effects in the event of failure to notify.
3- The second party shall provide Boonarabia Anysupporting papers and documents requested by the second party from time to time or to update his data, and in theevent that the second party refuses toprovide them, the first party has the right to close the account of the second party without any responsibility, where the second party shall not have the right to refer to the first party for any claims, compensation or expenses whatsoever its reason, as well as the first party's ineligibilityto refund the subscription fees with “Boonarabia" if any.
4- Provide allinformation to the first party that allows him or the user to contact the second party at any time and which is not limited to the address of the second party, histelephone number, fax number and his e-mail address.
5- The second party is bound by all valid transactions made by the subscriber or user through "Boonarabia".
6- The second party acknowledges itsknowledge that the transactions it is entitled to conduct through Boonarabia are limited only to the creation of charitable campaigns, and expresslyacknowledges its knowledge of the right of the first party to remove any offer or advertisement that does not comply with the general policies of Boonarabia,according to its absolute discretion without the right of the second party to object to it.
7- The second party acknowledgesthe right of the first party to request the removal of any images from "Boonarabia" that do not reflect a fair level, at the first party's discretion. The second party is obligated to replace them with professional, high-quality images.
8- Not toimpose any additional fees on transactions after the completion of the transaction for whatever reason, and the second party acknowledges and agrees that it is responsible for theterms and conditions of the campaign that it creates in accordance with the terms of this agreement, and in the event of any dispute between the second party and the user regardingthat campaigns, the first party will not be considered responsible for any mistake, negligence or omission on the part of the second party towards the user.
9- Review his account statements submitted to him by the first party and notify the first party of any objection to the account statement within 15 days from the date of receiving the statement. In case of non-objection of the second party to the data mentioned in his account’s statement during the specified term, the statement shall be considered as correct and it is not allowed for objection to its correctness after the date specified in this paragraph, and the first party will not be responsible for any damages incurred by the second party as a result, and the second party is not entitled to claim any compensation or claims from the first party as a result.
10- Maintaining a transactionrecord, full details of all executed transactions, for future reference, reconciliation and settlement of disputes.
11- The first party immediately shall inform of any incomplete transactions.
12- Providing the first party with its clear refund policy and indicate these policies in a clear place so that the user can read thembefore completing the transaction. In all cases, it is not permissible to violate the second party's refund policy and the conditions mentioned herein.
13- Thesecond party acknowledges its knowledge and expressly agrees to the right of the first party to amend the terms and conditions of use “Boonarabia”from time to time without prior notice to the second party, and the latest version of the terms and conditions of usewill be published on the website.
14- The second party expressly acknowledges its knowledge that the terms and conditions of use on the website are part and parcel of this agreement and acknowledges his knowledge of it, his signature on this agreement is considered an express acceptance ofthe terms and conditions contained therein.
15- The second party acknowledges his knowledge that “cookies” are small amounts of data that are on the website onthe internet and can be sent to your web browser to the second party and store it on his computer. Cookies do not contain personal informationabout the second party (unless provided intention). It can be observed that the browser was using cookies to visit certain sites, pages oradvertisements on a certain date, Boonarabia uses cookies to enhance navigation in the website
16- The second party is solely responsible forfulfilling the incentives promised to the donors, without the minimum responsibility on the part of the first party.In the event that the second partydoes not fulfill the incentives that were promised the user, for any reason whatsoever, he must make every effort to reach a settlement and satisfactorycompensation to the user, in addition to refunding the value of the donation. The second party alone bears the civil and criminal legal liability resulting from this breach.
17- The second party shall, at its own expense, provide all electric current and telephone connections necessary for the use of "Boonarabia", and thefirst party will not be liable in any way towards the second party or any user or towards any third party for any costs, expenses losses ordamages, whether caused directly or indirectly from the malfunction of the second party system, or the breakdown of links or telecommunications.
18- In the event that the first party or any third party provides any links through Boonarabia, the second party acknowledges its knowledge that thefirst party does not control such sites as the second party acknowledges and agrees that the first party does not endorse or guarantee the content andsecurity of those sites, and therefore the first party disclaims responsibility for any damages that may be caused to the second party as a result of usingthese links.
1- The second party acknowledges of its knowledge that the payment of the donation value is by bank card and will not accept the payment of any cash amounts, and the bank transactionwill be carried out through the electronic payment gateway provided by "Boonarabia".
2- The subscriberacknowledges of his knowledge that the electronic payment gateway service provided by "Boonarabia" will be through a third party or more, and any other gateways that will be provided in the future through the first party.
3- The subscriberacknowledges of his knowledge that the payment of all donations will be through the electronic payment gateway available in "Boonarabia", and in the event of multipleelectronic payment gateways, the campaign owner has the right to choose between them whenever that is available.
4- Acceptanceof credit or prepaid cards or K-Net used for payment is subject to the terms and conditions of the payment service provider through the electronic payment gateway. The subscriber acknowledges that he has read those terms and conditions without any responsibility on the part of the first party.
5- Inthe event that the first party does not stop providing electronic payment services for any reason, this will not be considered as a breach and will not affect the validityand enforcement of the agreement vis-à-vis the two parties.
1- The second party expressly acknowledges and agrees that the first party is entitled to refund money from the second party's account to the user's account in case the second party cancels the transaction for anyreason without any responsibility on the first party within (45) days from the date of submitting therefund request or canceling the transaction.
2- Thesecond party expressly acknowledges and agrees that the first party is entitled to refund money from the second party's account to the user's account in the event thatthe user cancels the revocable transaction within the dates specified for cancellation in the terms of the campaign provided by the second party.
3- The subscriberalone bears the fees incurred for requesting the cancellation of the donation or transaction and refunding the money to the users without any liability on thepart of the first party.
4- The first party has the right to cancel any donation process if it contains incorrect information, and the assessment of whether the information is correct or not at the discretionof the first party.Doubt of the correctness of the information shall be as a reason for canceling the donation without the subscriber’s right to object to thator recourse the first party for compensation as a result.
The first party has the right to refrain from paying to the second party for a transaction and not to credit it in his account or not to make the amount resulting from thetransaction available or withdraw it inthe following cases:
1- The user or the second party executed a falsetransaction.
2- The failure of the second party to abide by the terms of this agreement or to violate any procedures, laws or regulations
3- A dispute arises between the user and the second party about the transaction for any reason.
1- Thesubscriberhas the right, after fulfilling all the conditions set forth in this agreement, to create donation campaigns for free.
2- The first party, in return for providing the service subject to this contract, is entitled to fees of 5 to 7% of the total value of the donations that are collectedfor each campaign separately and before deducting any fees or taxes due to any third party or official authorities, if any.
3- Theelectronic payment gateway service provider shall getpaid a fee of 2.75% plus 100% Kuwaiti fills or its equivalent in foreign currencies for each donation process made by the user.
4- All fees due to the first partyand the service provider will be deducted from the total value of the donations made for each campaign as indicated in this clause, and the remaining balance willbe transferred to the owner of the campaign on his bank account.
5- In the event that thetransaction is canceled by the second party for any reason, the second party is obligated to refund the full value of the transaction to the user and is notentitled to request a return or refund of the fees and charges deducted from the value of the transaction, and the fees and charges paid to the first party are considereda pure right and may not be refunded.
The subscriber bears all taxes imposed on the campaign donations that hecreates and is committed to paying them without any responsibility onthe part of the first party. In case any law requires settling tax before transfer amounts of campaign donations to the subscriber, then the first party and service provider shall have right to settle it directly without right of the subscriber for objection.
1- The owner of the campaign is prohibited from engaging in activities that violate the acceptable use policies of “Boonarabia” or theservice provider, or acting in any way that includes a violation of national, regional and local laws or the rights of others.The subscriber maynot conduct sweepstakes, draws, gambling activities or any form of prohibited financial activities
2- The subscriber is not entitled to collect donations through Boonarabia "other than to create campaigns as presented, and in accordancewith the terms and conditions contained in this agreement, and the purpose of the campaign may not be to donate to campaigns for commercialpurposes or purposes that we consider, according to our absolute discretion, supportive or dedicated to the legal defense of related crimes hate, violence,harassment, bullying, discrimination, terrorism, or bigotry against race, ethnicity, national origin, religious affiliation, sexual orientation, gender,identity, disability, or serious illness
3- Not to publish, send e-mail, transfer or otherwise make available information, products or services that are illegal, in violation of this agreement,harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, defamatory or that violate the privacy of any individual or organization.
4- Nottopublish, send e-mail, transfer or make available information that you are not entitled to make available under any law, and you are notentitled to make available confidential information that isprotected by contractual agreements.
5- Doing any act that involves or may lead to exposing users to harm in any way, exploiting children orminors, incitement, disobedience, or callingfor demonstrations.
6- Posting, sending e-mail, transmitting or making available unauthorized information or advertisements, publishing anypromotional materials, or sending spam to users without obtaining theirprior consent.
7- Not to violate any rights of third parties, including but not limited to patents, trademarks, trade secrets, protected technicalexpertise, and copyrights.
8- Not to publish,send e-mail, transmit or otherwise make available any material that contains viruses, files or computer programs designed to interrupt,destroy, limit the functionality of any computer software, servers or telecommunications equipment or disable a service.
1- The second party is obligated to announce its campaigns on the page designated for it - if any - or on the public platform in"Boonarabia". The second party has the right to use the designs approved by the first party for the page designated for the second party - if any -. Moreover, the second party is not entitled to use any materials that refer to the first party or any name or design other than theone approved and provided by “Boonarabia” withoutthe prior approval of the first party.
2- The first party has the right to compel the second party to announce its subscription in "Boonarabia"through social media or anyother means that the first party deems appropriate.
3- The campaign owner is obligated to provide images, video clips, text or excerpts tohis campaign for viewing on the service search pages and search engine results, as well as appearing in communications or promotions related tothe service or in news articles or reports published on news media websites orpublications.
4- The first party has the right to use these campaigns for part of the advertising campaigns to promote the campaign orservice in print, online or via mobilephone.
The term of this agreement ----------------calendar years, starts on ------ and ends on --------------, and is automatically renewed for a similar period/periods unless either party notifies the other party in writing of its unwillingness to renew the agreement 30 days before the expiry date of its original or renewed term. The first party has the right to terminate this The agreement at any time during its validity period, provided that the second party is notified of the first party’s desire to terminate agreement 30 days before the termination date
1- UsingBoonarabia or the information contained therein, whether directly or indirectly, in an illegal manner and in violation of the laws, regulations, customs,and policies of Boonarabia, or the terms and conditions of use, the subscriber agreement and the subscriber's violation or non-compliance to any terms and conditions of this agreement.
2- Bankruptcy,dissolution or liquidation of the second party, by agreement or judicial.
3- The second party's demonstration of an inappropriate level of transaction, refund, and chargeback.
4- A change inthe nature of the second party or the transformation of its legal entity without notifying the first party ofthat.
5- The second party's violation or non-compliance with the terms and conditions of this agreement.
6- The second party's violationof any laws and regulations to which the parties or either of them are subject to.
7- Displaying products that are not owned by the second party or are not authorized to betraded.
8- The absence of a license to practice this activity at the time of signing this agreement or its withdrawal or cancellation by the competent authorities duringthe validity ofthis agreement.
9- Failure of the second party to use his account for a period of 3 consecutive months or a decrease in activity less than the minimum period specified by thesecond party from the time to time.
10- Failure of the second party to meet the security standards of the first party, which would result in damages or losses toBoonarabia" as a result.
Upon the termination of this agreement for any reason, the obligation of the second party to pay the fees and charges due to the first party remains valid, and the secondparty, under this agreement, authorizes the first party irrevocably to deduct them from the balance of the second party's account without anylegal responsibility on the first party and without the second party's entitlement to object to that. The obligation of the second partytowards the user remains in place until it is fulfilled or its value is returned to the user as stated in this agreement.
Thesecond party, in its capacity as a legal person, acknowledges that it possesses all relevant commercial licenses and permits required to perform its activities at the time of signingthis agreement and for the length of its period, and has full authority to enter into this agreement. The second party also acknowledges that whoever concluded this agreement is therepresentative of the company or establishment and with his/her knowledge that this agreement constitutes valid and binding legal obligations.
After signing this agreement by both parties, the second party, through Boonarabia, will select one subscriber ID for his account and numbers, symbolsand serial letters from at least six characters (number/password) so that he can enter his account. The subscriber acknowledges that he is responsiblefor use and maintain the confidentiality of the subscriber's identity and password, and the subscriber acknowledges that the first party will not be ableto know whether a person other than the second party has done or is using the identity or password of the second party, and he must inform the first party in theevent of theft of the subscriber's identity or password, his account, or any unauthorized access to the subscriber's account immediately uponhis knowledge of that.Notification for the same must be made by e-mail and telephone together. The first party is not responsible for any damages or losses incurred as a result. The second party acknowledges that he knows that storing any information, including but not limited to the "subscriber's identity, password" on one ormore computers, mobile phones, iPads, or other devices through which he can access the subscriber's account, or if he provides or stores them with informationcompanies or any other party, then he will have done so entirely on his own responsibility, and the first party has the right to take all measures to preservehis rights with his entitlement to compensation for any damages incurred as a result.
1- The second party acknowledges its knowledge that all property rights in “Boonarabia” are the exclusive property of the first party, andthere is nothing in this agreement indicating the intention to transfer or grant any of the mentioned property rights to the second party. The secondparty is entitled only to limited use of intellectual property rights granted in this Agreement, and that any unauthorized use of the Intellectual Property Rightsis a violation of this Agreement as well as a violation of the Intellectual Property Laws, including but not limited to; Copyright laws and trademark laws.
2- The second party acknowledges and agrees that all copyrights, trademarks and other intellectual property rights in all materialsand/or content available on “Boonarabia”belong to the first party, and the second party is allowed to use these materials and/orcontent only as authorized by thefirst party.
3- Product names, trade names, service names, logos, or imaging marks distinguished by their form or writing, aretrademarks owned by the first party or licensed by the first party to use.
4- The second party expressly agrees that the first party has the right to use the trade name and trademark of the second party and its products for the purpose of advertise it on "Boonarabia".
1- The first party does not guarantee that the site or any of the services or products available through it will remain uninterrupted. There maybe a delay, interruption,and/or inaccuracy in the materials or services available through Boonarabia as a result ofa technical error.
2- The first party is obligated to fix malfunctions immediately upon their occurrence, and he is obligated to notify thesecond party of the malfunctionby e-mail or mobile phone messages.
3- The first party will not be liable for any damages that may arise as a result of any third partyviewingthedata belonging to any subscriber for any reason whatsoever.
4- The first party does not guarantee not to infringe "Boonarabia" and whatit contains,or to be hacked by hackers, or to completely prevent the entry of viruses.
5- The first party undertakes to take reasonable stepsto ensure that the serviceline and security in Boonarabia are maintained and protected from viruses and intrusions
6- The first party is not liable to the secondparty, the user, the vendor, or any third party for any direct or indirect losses, private or affiliate, damages of any type. Further the first party shall not bear responsibility for delay, failure of deliver products or rather for any reason.
7- The first party is not liable to the second party, the user, the vendor, or any third party for whatever written, published in the blogger, chat room or rather in Boonarabia that contain an offensive/pornographic tone / Racism / hatelanguage / religion / race / gender / age / marital status / physical or intellectual disability / any content that has connotations or referencesthat contradict the traditions of society or calls for illegal orientation / conflict of interest / allegations related to violating health laws /comments that reflect old information and invalid or unrelated to the evaluation of the campaign
8- The second party acknowledges itsknowledge that its use of "Boonarabia" may be interrupted from time to time for any of several reasons, including, but not limited to,equipment failure, periodic update, maintenance or repair or Other actions that the first party may choose to take at its exclusive discretion, and thefirst party cannot always anticipate or foresee technical or other difficulties that may lead to failure to obtain data, loss of data, orsuccessor Personalization, or other forms ofinterruption in service.
9- In the event that a request to cancel the account and delete the data is submitted at the request of the second party,the information of the second party will be permanently deleted from the main computer servers of the first party, and it will no longerbe possible to access the account of the second party, and the first party will cut off any link that it had established as a result forhis subscription in "Boonarabia", however, parts of the second party's information may remain on the computer servers of the first party indefinitely.The data of the second party may also remain on a server or backup medium. The first party maintains this backup data to ensure its continuousability to provide service to the second party in the event of a breakdown ordamage to the main production servers of the first party
10- The linking of the Boonarabia website to other websites is to facilitate access to them, and Boonarabia will not be responsible for what result from entering to such mentioned sites and data.
11- Boonarabia disclaims any responsibility for any deficiency, error or delay in publishing data and information, and therefore for any claims and/or losses of any kind arising, directly or indirectly, from the use of such data andinformation available in "Boonarabia" or in one of its bulletins or publications, or the use of one of theprograms or electronic systems provided by it.
12- In no event shall Boonarabia be responsible or liable to the Subscriber or any thirdparty for any direct or indirect damages including but not limited to loss of profit, revenue or business, arising in whole or in part from your access toor use of Boonarabia or your subscription to “Boonarabia” under the Terms of Use and the Subscriber Agreement, even if “Boonarabia”has been advised of the possibility of such damages.The liability of Boonarabia to the subscriber for any reason whatsoever shall be null, regardless of the form of action, the subscriber expressly agrees and acknowledges that Boonarabia or any of its shareholders,managers, contractors or affiliates shall not be liable for any damages or losses that may be caused to the subscriber as a result of hissubscriptionwith Boonarabia or the information contained thereinwhether direct or indirect.
13- The information provided through “Boonarabia" is provided on "as it is" and all warranties, express or implied, are disclaimed (including, without limitation, the disclaimer of any implied warranties of suitability for a particular purpose). The information and services may contain worms, bugs, problems or other issues that may limit their effectiveness. Neither we nor the third parties orthe service provider shall have any liability whatsoever for including but not limited to liability arising from any direct, indirect,incidental or consequential damages including damages arising from loss of business, lost profit, litigation or the like, whether as a result ofbreach of contract, breach of warranties, or tort including negligence, omission, etc., even if we had knowledge of the possibility of damage.The disclaimer of liability for damage set forth above is a key element of the agreement between us. The service or information will notbe provided without complying with the above-mentioned limitations of liability. No information, whether you obtain it in writing or orallythrough the site, constitutes any warranty, guarantee, or undertaking unless expressly stated in this agreement. Any liability for any damagecaused by viruses in the electronic file containing the form or document is void. We will not be liable to you for any incidental, specialor consequential damage of any kind arising from your use of, or inability to use, the website.
14- In the event that the second party uploads the images to the “Boonarabia” system, in this case the second party acknowledges that it is the owner of the copyright to these images and therefore grants “Boonarabia” an unconditional right to use these images on the website inpromotional materials and online publications /etc. and to display, reproduce, modify and re-display them in the manner that the firstparty deems appropriate in its absolute discretion. The subscriber acknowledges his partial and civil legal responsibility and any claim byany third party as a result of the use and publication of these images by the subscriber or Boonarabia” as contained in this clausewithout any responsibility on us.
15- In the event of a dispute between one or more users, in this case the responsibility of the first party, its managers, agents, affiliates and subsidiaries shall be denied claims, allegations (actual and consequential) damages of every kind and nature, known and unknown, disputes arising from orrelated in any way.
16- In the event that somejurisdictions do not allow excluding of certain warranties or the limitation or exclusion of liability for incidental or consequentialdamages, therefore if the responsibility of the first party is proven, then our liability is limited to the fee specified for thetransaction, with a maximum of 100 US dollars, without any other expenses, including lawsuit fees and attorney fees.
1- The second party's violation or non-compliance with any of the terms and conditions of this agreement.
2- The second party's violationof any laws or regulations to which the parties or any of them are subject.
3- Any claim submitted by any user or third party arising as a result of fraud or deception by the second party.
4- Failure of the second party to meet the security standards of the first party, which will result in damages or losses to the first party as aresult of the same.
5- Any damages that may be caused to the first party for reasons attributed to the second party.
The first party has the right at any time and from time to time to modify or suspend any part of the service, temporarily or permanently, withor without notice, and the second party is not entitled to request a return or refund of fees and charges deducted from the value of transactions. Fees and charges paid to the first party shall be as truly pure right and cannot be returned.
In recognition of the global nature of the Internet, the second party expressly agrees to comply with all local rules regarding online behavior and acceptableinformation, specifically complying with all applicable laws in relation to electronic commerce and charitable financing, and regarding the transmissionof technical data exported from the country in which it is located.
The information subject to this agreement, exchanged and circulated between the twoparties is confidential information. Both parties undertake not to disclose part or all of it to any other person or use it for any purpose other than the purposes set out herein, except as required by law or by any relevant regulatory authority, and this obligation shall apply throughout the period of validity of this agreement and after itstermination. The second party is obligated to take maximum care to preserve the confidentiality of the information and transactions that take place between it andthe user, and it is not permissible to use it in a way that harms the other party, and it is obligated not to disclose the confidentiality of this information to anyparty whatsoever except after obtaining the written consent of the user and in the authorized cases.As well the second party is obligated not to copy this confidentialinformation in printed form, written or read by computer or any other means, and this prohibition does not include the first party as the owner and managerof Boonarabia, which has the right to view all information of any user or the second party without prior approval.
Neither party shall be liable for any delay in performing its obligations in the event that the delay results from circumstances beyond itsreasonable control, including but not limited to acts of God, strikes, work stoppages or any labor unrest, acts of public enemy, wars, blockades,rebellions, riots, epidemics, landslides, earthquakes, fire, storms and floods. civil unrest, terrorism, government regulations, directives,and any other cause beyond the control of any party alleging suspension.In the event that such suspension continues for a period exceeding30 days, then either party may, by giving 30 days prior written notice to the other party, immediately terminate this Agreement, nor termination affects our obligations to others, users and third parties
The first party may assign the agreement or part thereof in favor of third parties with all its terms, conditions and appendices without objection from the subscriber.The subscriber may also, after obtaining the necessary written approval from the first party, assign the agreement or part thereof in favor of third parties in accordancewith the requirements of this agreement and all its articles and clauses
In the event that any of the terms of this agreement is invalid by virtue of a final judgment, this does not affect the validity or enforceability of the rest of theother conditions, just as the failure of the first party to ask the second party to implement any condition or provision to which it is bound is not considered in any way nor it may beinterpreted as an agreement or waiver by the first party of that obligation, and the first party has the right to request its implementation at any time
The addresses specified for each of the parties to this agreement and shown on the front of it are a chosen legal domicile for each party with regard to all legal actsrelated to this agreement, and each party is obligated, in the event of amending this address, to notify the other party of this amendment in writing, and in the eventof violating this procedure, each announcement or notice is considered valid and to be given to such party at the address specified opposite to it.
1- The terms and conditions of this entire agreement govern the contractual relationship between the first and second parties, and replace any previous agreements – ifany - and may also be subject to additional terms and conditions that may apply when using the services of affiliates or information, programs orservices of any third party.
2- Any dispute arising out of the performance or interpretation of any provision of this contract must first be sought for settlement by mediation in accordance with the Mediation Rules ofthe London Court of International Arbitration, if the dispute is not successfully settled by mediation within 30 days of the commencement of the mediation, or such other periodas the mediation may agreed upon by the parties in writing, the dispute shall be submitted to arbitration and finally resolved under the rules of the London Court of International Arbitration. The rules of which are incorporated by reference to this clause, the language used in the mediation and arbitration shall be English, the law governingthe agreement shall be the substantive law of the United Kingdom, the number of arbitrators shall be one arbitrator, and the seat or legal venue forthe arbitration shall be City of London in the United Kingdom.
3- Notwithstanding any legislationor law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms of Service must befiled within one (1) year after such claim arose or claim cause, otherwise theright of the second party to file a claim or claim of any kind shall be forfeited whatsoever its type.
This contract was written in Arabic and English, and in the event of a conflict in meaning or content between the Arabic and English text, it the Arabic text shall prevail.
This agreement was drawn up in two identical copies, and all copies were devoid of erasure, insertion, and addition, and each party has an original copy to work accordingly whennecessary.
Boon Arabia LLC (including its subsidiaries, affiliates, agents, and service providers, collectively, “Boon Arabia”, “we,” “us,” and/or “our”), operates an application (the “Application) and website (the “Website”), (collectively, the “Platform”) and provides its services (together with the Platform, the “Service”) to make it easy for users and visitors (“you,” and/or “your”) to raise money through your social networks for causes or projects you support and care about (the “Campaigns”).
Except as provided below, this Privacy Policy describes and governs how we collect, use, share and protect data collected from users of or visitors to the Platform. We believe that you should have control over your information including how it is shared with others. We will not use or share your information with anyone, except as described in this Privacy Policy.
Boon Arabia LLC contracts with a select group of Business Partners to operate crowdfunding systems for them under their own brands. Our Business Partners are contracted and agree to abide by our Terms of Service and Privacy Policy.
By visiting the Platform, submitting information, making a contribution or using our Service, you acknowledge that you accept the practices and policies outlined in this Privacy Policy and consent to having your data transferred to and/or processed in the United Kingdom. If you do not agree to this Privacy Policy, please do not use the Service.
You are free to explore the Website without providing any Personal Information about yourself. When you visit the Website and register for the Service, we request that you provide Personal Information about yourself, and we collect Navigational Information.
We use our own Subscription Service to build webpages that people can visit to learn more about our Service. Information that we collect and manage using the Subscription Service for our own marketing belongs to us and is used, disclosed and protected according to this Privacy Policy.
We may receive and store any information you enter on the Platform or provide to us in any other way that would allow us to identify you or contact you. Examples of information we may collect from you include:
You may also provide us with special categories of personal or company data (also known as sensitive data) about yourself and/or third parties such as health information. When you provide such information, we will seek your explicit consent unless it is being published in relation to your campaign.
If you do not want us to collect information about you, you can simply decide not to submit it to us. If you choose to decline to submit such information, you may not be able to take advantage of all of the services and products offered on the Platform.
If you are a charity or nonprofit (each a "Charity") or a for-profit or social enterprise organization (each a “Business”), (collectively, an “Organization”) and you establish an account with us, we will collect the name, tax ID, and physical address of the Organization, and the name, email address and phone number of the person who establishes a Organization account (the "Organization Contact"). We also may collect, if the Organization Contact chooses to provide it, additional descriptive information about the Organization including any photos uploaded to the Platform.
When you interact with our Service, we try to make that experience simple and meaningful. To help optimize this experience we collect some information from you. When you visit our Platform, our web server sends a cookie to your computer or mobile device (as the case may be). Cookies are small pieces of information which are issued to your computer or mobile device (as the case may be) when you visit a website or access or use a mobile application, and which store and sometimes track information about your use of the Platform (as the case may be). A number of cookies we use last only for the duration of your web or application session and expire when you close your browser or exit the application. Other cookies are used to remember you when you return to the Platform and will last for longer.
Some of the cookies used by the Platform are set by us, and some are set by third parties who are delivering services on our behalf. If Boon Arabia LLC stores a cookie on your browser, Boon Arabia LLC may only access our own cookie, not that of any third party.
Most web and mobile device browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies using different types of browsers or mobile devices. Please note, however, that by blocking or deleting cookies used on the Platform, you may not be able to take full advantage of the Platform.
A web beacon is a transparent image file. Web beacons enable us to track website usage information, such as the number of times a given web page has been viewed. Web beacons are invisible to you and (unlike cookies) are not placed on your computer. We may use them in association with cookies to understand how visitors interact with the pages and content on the pages of the Platform.
We may also use web beacons to track whether you have opened an HTML email. When the email is opened, a part of the code that makes up the HTML page calls a web server to load the web beacon that then generates a record showing that the email has been viewed. Web beacons may also recognize when the email was opened, how many times it was forwarded and which URL’s (links within the email) were clicked.
In addition, we use "Pixel Tags" (also referred to by Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. We do not tie the information gathered by Pixel Tags to information that is intended to identify our users.
From time to time, we may also ask you to provide us information that is not intended to allow us to identify you personally. This information may be aggregated and/or de-identified and used for our internal purposes or for creating reports for third-party partners, or otherwise shared with third parties for any lawful purpose, without your permission.
We also may automatically collect Platform usage information, such as the numbers and frequency of users to the Platform, pages visited and similar data. This data is used in the aggregate and/or is de-identified, that is, as a statistical measure, and not in a manner that is intended to identify you personally. Aggregate and de-identified information generally is collected through the use of cookies and web beacons as discussed above, but we may also aggregate or de-identify data that you provide to us. This aggregate and/or de-identified information helps us determine general usage patterns and modify the Platform in order to improve your experience. This type of aggregate information may be shared with third parties at any time.
It may be necessary for us to obtain address or other information about you from third-party sources for KYC or for fraud prevention or for legal compliance, to enforce our legal rights or to protect the rights of other users of the Platform and our Service.
When you provide us with your information, we may use such information for a number of purposes, including:
Boon Arabia LLC may also use the publicly available information you provide to help promote your campaign on media websites such as our own website, television, radio, local or national newspapers, printed newspapers, blogs, forums and other electronic properties.
We may use third-party web analytics services on our Service, such as those of Google Analytics. These service providers use the sort of technology previously described in the “Passive Gathering of Information Electronically” section to help us analyze how users use the Service, including by noting the third-party website from which you arrive, and provide certain features to you. The information (including your IP address) collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Service. This information may be used to place interest-based advertisements on the Platform. This may result in you seeing advertisements for our Platform when you visit other websites. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on.
Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.
We may use third-party advertising technologies that allow for the delivery of relevant content and advertising on our Platform, as well as on other websites you visit. The ads may be based on various factors such as the content of the page you are visiting, information you enter such as your age and gender, your searches, demographic data, user-generated content, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests.
Also, third parties whose products or services are accessible or advertised on our Platform may place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about your use of the website as discussed above. We also allow other third parties (e.g., ad networks and ad servers such as Google Analytics, DoubleClick and others) to serve tailored ads to you on our website, other sites, and in other applications, and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the website. We may provide our customer information (such as a hashed version of your email addresses) to service providers, who may “match” this information in de-identified form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to target or “retarget” you with ads when you visit other websites and mobile applications. (You may opt out of these many of these service providers as described in the next paragraphs.)
We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device you use to access our website by non-affiliated, third-party ad technology, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer you a way to opt out of ad targeting as described below.
If you receive tailored advertising on your computer through a web browser, you can learn more about such tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page.
Please note that to the extent advertising technology is integrated into our website or other websites that you visit, you may still receive advertisements even if you opt-out. In that case, the advertising will not be tailored to your interests. Also, we do not control any of the above opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.
We will only retain personal information for as long as necessary for the purpose for which that information was collected and to the extent permitted or required by applicable laws. When we no longer need your information, we will remove it from our systems and records and/or take steps to anonymize it so that you can no longer be identified from it in accordance with our internal policies.
Boon Arabia LLC allows you to change or correct inaccuracies in some of your information by logging into your account and making changes at any time. If you have questions about, or wish to review or correct the information we maintain about you, you may send an email to info@boonarabia.com.
When you send an email to Boon Arabia LLC, we may retain your email address and the contents of the email you send.
Boon Arabia LLC may give, share, sell or trade your information to or with any third parties under the following circumstances:
When you make a contribution or sign up to, volunteer, fundraise, enter a sweepstakes, or register for an event for a Charity, for a Business or for an organization or event associated with fundraising (e.g., a marathon, walkathon, concert or similar), Boon Arabia LLC shares with the Fundraiser, Organization, Event Organizer, Contest Partners and Event Partners your name, address, email address, contribution amount, date of transaction, transaction identification number and may also include the name of the project, and event associated with the contribution. This information may be used by the Organization to facilitate your participation in an event, to accept and process your contribution, to issue a tax receipt or to contact you as otherwise permitted by law. If you wish to stop receiving communications from a Charity, Business, Event Organizer, Contest Partners, or Event Partner, please contact the Charity, Business or Event Organizer or Event Partner directly.
Boon Arabia LLC will also share your information with Business Partners who have contracted with us to operate crowdfunding systems under their own brands. Your information will only be shared with the respective Business Partners who license the brands you use to access the Service. These partners are contracted to abide by the terms of this Privacy Policy.
We may retain other companies and individuals to perform certain functions on our behalf. Examples include, but are not limited to, companies and individuals who: (i) administer the Boon Arabia LLC accounts; (ii) process contributions; (iii) conduct surveys or promotional activities; (iv) deliver products; or (v) provide customer support, web hosting, internet service, and data analysis. Such third parties may be provided with access to your information needed to perform their functions but may not use such information for any other purpose.
We may disclose any information we deem necessary, in our sole discretion and without your prior permission, to comply with any applicable law, regulation, legal process or governmental request. We may also exchange information with other companies and organizations for credit fraud protection, risk reduction and related activities or to protect the rights, property or safety Bon Arabia LLC, its agents, employees or affiliates or others. Boon Arabia LLC reserves the right to use and to disclose to third parties the information of a user who we believe is in violation of our Privacy Policy or other terms as posted on the Platform, even without a subpoena, warrant, court order or other governmental request, to the extent we deem necessary to protect the safety, security and rights of Boon Arabia LLC and of third parties.
In the event of a sale, merger, liquidation, dissolution or sale or transfer of substantially all of the assets (a “Liquidation Event”) of Boon Arabia LLC or the Platform, or the diligence related to a Liquidation Event, your information may be sold, assigned or transferred to the party acquiring all or substantially all of the equity and/or assets of Boo Arabia LLC or the Platform in order to permit the party to continue the operation of Boon Arabia LLC and/or the Platform or any successor version of the Platform. By using the Platform, you consent to the sale and transfer of your information as described in this paragraph. Our successors and assigns may collect and use your information for substantially similar purposes as described in this Privacy Policy.
Boon Arabia LLC does not collect, store or otherwise maintain any credit card or bank account information from individuals who make a contribution through the Platform. Contributions, including information associated with your credit card will be processed through payment gateways such as TAP and Stripe.
TAP, based in Kuwait, Kuwait City, is a global electronic payment and credit card processor. All contributions made through TAP will go directly from the contributor’s credit card or bank account to the Organization’s TAP and subsequently Bank account.
All information associated with your use of TAP will be handled in accordance with the terms of TAP's User Agreement. When you contribute through Boon Arabia LLC and use TAP to process your contribution, you agree to abide by TAP’s User Agreement.
Stripe, based in San Francisco, CA, is a global electronic payment and credit card processor. All contributions made through Stripe will go directly from the contributor’s credit card or bank account to the Organization’s Stripe account.
All information associated with your use of Stripe will be handled in accordance with the terms of Stripe’s User Agreement. When you contribute through Boon Arabia LLC and use Stripe to process your contribution, you agree to abide by Stripe’s User Agreement.
Any information you post publicly on the Platform including text, images, audio, video, graphics and other content or materials of any nature ("Publicly Available Content") is available to the public without any expectation of privacy or confidentiality. Copies may remain viewable in cached and archived pages or if other users have copied or stored your Publicly Available Content even if you remove the Publicly Available Content. To request removal of your information from these areas of the Platform, contact us using the information below. In some cases, we may not be able to remove your information, in which case we will let you know if we are unable to do so and why. Minors may contact support@boonarabia.com to remove any such information immediately. The profile you create on our Platform will be publicly visible.
The Platform allows users to access Facebook to interact with friends and to share on Facebook through multiple options including Messenger and News Feeds. If you are already logged into the Platform and Facebook or another SNS, when you click on "Connect with Facebook," or a similar connection on another SNS, you will be prompted to merge your profiles. If you are already logged into the Services but not logged into Facebook or another SNS that we support, when you click on "Connect with Facebook," or a similar connection on another SNS, you will be prompted to enter your SNS credentials or to "Sign Up" for the SNS. By proceeding, you are allowing the Platform to access your information and you are agreeing to the Facebook or other SNS’s Terms of Use in your use of the Services. Conversely, if you are not currently registered as a user of the Platform, and you click on "Sign in" using Facebook or another SNS that we support, you will first be asked to enter your Facebook or SNS credentials and then be given the option to register for the Platform. In this case, we may receive information from Facebook or another SNS to make it easier for you to create an Account on the Platform and show our relevant content from your Facebook or SNS friends. Once you register on the Platform and connect with Facebook or another SNS you will be able to automatically post recent activity back to Facebook or the other SNS. Any information that we collect from your Facebook or other SNS account may depend on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data practices. Further, you can edit privacy settings for the reviews that appear on Facebook, or disconnect your Service activity stream by visiting the Facebook Applications Settings page.
If you are a user you have the following rights (if applicable):
You have the right to request a copy of the information we are processing about you.
You have the right to have incomplete or inaccurate information that we process about you rectified.
You have the right to request that we delete information that we process about you, except we are not obliged to do so if we need to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.
You have the right to restrict our processing of your information where you believe such data to be inaccurate; our processing is unlawful; or that we no longer need to process such data for a particular purpose unless we are not able to delete the data due to a legal or other obligation or because you do not wish for us to delete it.
You have the right to obtain information we hold about you, in a structured, electronic format, and to transmit such data to another data controller, where this is (a) information which you have provided to us, and (b) if we are processing that data on the basis of your consent or to perform a contract with you.
Where the legal basis for processing your information is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests, or if we need to continue to process the data for the establishment, exercise of a legal claim.
If you have consented to our processing of your information, you have the right to withdraw your consent at any time, free of charge. This includes where you wish to opt out from marketing messages.
You can make a request to exercise any of these rights in relation to your information by sending the request to us at the email address or mailing address set forth under "Contacting Boon Arabia LLC ". For your own privacy and security, at our discretion, we may require you to provide your identity before providing the requested information. Please note Boon Arabia LLC may take up to 30 days to fulfill such request.
The Platform may contain links to third-party websites. Please be aware that Boon Arabia LLC cannot control and is not responsible for the information collection practices of such websites, which may differ from those of Boon Arabia LLC. We encourage you to review and understand the privacy policies of these web sites before providing any information to them.
We maintain a variety of safeguards designed to protect your information from unauthorized access, loss, misuse, alteration and disclosure. For example, we use industry accepted tools and techniques to protect against unauthorized access to our systems. We implement both physical and technological protocols to limit access to your information. These safeguards and tools vary based on the sensitivity of the information that we maintain about you.
You should be aware, however, that Boon Arabia LLC has no control over the security of other websites on the Internet that you might visit even when a link may appear to those websites from our Boon Arabia LLC. If you share your computer or use a computer that is accessed by the general public, remember to sign off and close your browser window when you have finished your session. This will help to ensure that others cannot access your information.
We want you to feel confident using the Platform. However, no system can be completely secure. Therefore, although we take measures to secure your information, we do not promise, and you should not expect, that your information, searches or other communications always will remain secure. In the event of a breach of the confidentiality or security of your information, we will notify you if reasonably possible and as legally required so that you can take appropriate protective steps. We may notify you under such circumstances using the email address(es) we have on record for you. You should also take care with how you handle and disclose your information.
The Platform is not intended for persons under the age of 18 (or 16 in Europe). Boon Arabia LLC does not knowingly market to, or solicit information, accept service or collect information from any person under the age of 18 (or 16 in Europe). If Boon Arabia LLC becomes aware that any person submitting information to the Platform is under the age of 18 (or 16 in Europe), we will attempt to delete the account and any related information as soon as possible. We require that only persons 18 years of age or older (or 16 or older in Europe) use the Platform. By using the Platform, you hereby represent that you are at least 18 years old (or 16 in Europe).
We may change this Privacy Policy, and any of our policies and procedures concerning our practices for managing your information, at any time and without prior notice subject to applicable law. When we post changes to this Privacy Policy, we will revise the updated date at the top of this Privacy Policy. If we make any material changes to our Privacy Policy, we only will notify you by sending an email to the email address(s) you provided to us, and by prominently posting notice of the changes on the Platform. We recommend that you check the Platform from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. Any changes that are made to this Privacy Policy will apply to both any information that we hold prior to the effective date of the amended Privacy Policy and any information that we collect on or after such effective date.
This Privacy Policy is written in English and may be translated into other languages. In the event of any inconsistency between the English version and the translated version of this policy, the English version shall prevail.
The Platform is hosted with third party service providers in the United States and is governed by UK law. If you are visiting the Platform from outside the United Kingdom, please be aware that your information may be transferred to, stored and processed where our servers are located and our central database is operated. The data protection and other laws of the United Kingdom and other countries might not be as comprehensive as those in your country.
This Privacy Policy does not create rights enforceable by third parties.
Contacting Boon Arabia LLC
If you have questions to Boon Arabia LLC about the Privacy Policy, would like to contact Boon Arabia LLCC’s Compliance Officer or would like to suggest improvements, please contact us at compliance@boonarabia.com.