Please read these terms and conditions carefully before using this site. These are the general terms and conditions governing your access and use of this website.
- 1. Definitions
Kuwait Telecommunication Company, Shareholding Kuwaiti Company, located in the state of Kuwait.
All data, information, and material including, but not limited to, texts,pictures, photographs, software, videos, music, sounds and graphics;
Any service provided by VIVA including: conveyance, emission, reception,transmission or broadcast of voice, data, signs, signals, sounds or images via www.viva.com.kw
"Terms and Conditions"
The terms and conditions set forth herein determining the rules of using VIVA's site.
The word or mark "VIVA", however represented, including stylized representations all associated logos and symbols and combinations and drawings.
- 2. User's Obligations
2.1 You warrant that you will only use the Site and the Services delivered through in accordance with these Terms and Conditions and in an appropriate and lawful manner and by way of example and not as a limitation, you shall not:
2.1.1 Receive, access, transmit or broadcast any Content which is unlawful or in breach of any Intellectual Property Right (including Copyright) .
2.1.2 Use the Site and/or the Services to advertise or offer to sell any goods or services for any commercial purpose without VIVA's written consent;
2.1.3 Transmit any electronic Content (including viruses) through the Site, which causes or is likely to cause detriment or harm to VIVA or others.
2.1.4 Attempt to gain unauthorized access to any of VIVA's Services, other accounts, computer systems or networks connected to any of VIVA's Services through hacking or any other means.
2.2 You should be cautious when disclosing personal or sensitive information or any information which may identify you.
- 3. Costs
3.1 Some services may be chargeable as indicated on the Site and in any other terms and conditions.
3.2 You acknowledge that you will be responsible for payment of any charges, may be requested, as per the prices announced by VIVA.
3.3 VIVA shall be entitled to debit the User's credit card account or recover by any other means any amount including any upfront payment due on any Service or Product offered through VIVA's Site once accepted such service request. The user is required to pay VIVA all other charges as indicated for each service.
- 4. Changes to the Terms or Site
4.1 VIVA reserves the right to modify, alter or otherwise update any of these terms and conditions from time to time as it deems fit without need to serve any announcement in regard thereof. The amended Terms will automatically be effective when posted on the Site. Your continued use of the Site after any changes or amendments in these Terms shall constitute your expressed acceptance to such changes or amendments.
4.2 VIVA reserves the right to discontinue, temporarily or permanently, the Site (or any portion thereof), at any time without notice. VIVA shall not be liable to you or to any third party for any suspension or discontinuance of the Site (or any portion thereof).
- 5. Geographical Restrictions
VIVA provides this Site for use only by persons located within the state of Kuwait. VIVA makes no representation that all products and services described on the Site are appropriate or available for use in locations outside the State of Kuwait. Those who choose to access our Site from other countries do so on their own initiative and are responsible for compliance with local laws
- 6. Proprietary Rights
6.1 All Trade Marks used on the site, whether words or designs in any way, are the Trade Marks of Kuwait Telecommunication Company "VIVA". You shall not use these Trade Marks; in addition, you acknowledge and agree that you are only allowed to use the Site and the Services as set out in these Terms and Conditions. Nothing on this Site can be interpreted as granting any license to transfer any Intellectual Property Rights.
6.1 You must not copy any material contained on this site to any other server without the prior written consent of VIVA. Any unauthorized use of the contents of www.viva.com.kw shall be deemed in breach of copyright laws and trademark laws in State of Kuwait or other laws and international conventions "e.g. Berne, TRIP's...etc."
- 7. Limitation of Liability
7.1 VIVA makes no representations or warranties of any kind, express or implied, as to the operation of this site, content or materials included on this site. Moreover, VIVA does not warrant that this site is free of viruses or other harmful components. Therefore, VIVA will not be liable for any damages of any kind arising from the use of this site, and you agree that your use of this site is at your sole risk.
7.2 VIVA makes all reasonable efforts to ensure that all information provided via this site is accurate at the time of its inclusion; however, there may be errors, for whatsoever reason. In such cases, VIVA releases itself from any responsibility.
- 8. Liability for Violating Site Security
Each user knows that violating the security of this Site is prohibited since it may result in criminal and civil liability as per the laws of the State of Kuwait. Examples of security violations include, without limitation, the following actions:
a. Unauthorized access to site,
b. Unlawful use of data or systems including any attempt to probe or scan the site,
c. Breach security or authentication measures,
d. Unauthorized monitoring of data, or
e. Using any means to avoid any limitations imposed by VIVA upon use of customers' passwords.
- 9. Security of your account
Under these terms and conditions, you agree and understand that you are responsible for maintaining the confidentiality of your password associated with access to the services of this site. Accordingly, you agree that you will be solely responsible to VIVA for all activities that occur under usage of your password.
- 10. Monitoring of Usage & Personal Data
10.1 Under these terms and conditions, you empower VIVA the right to monitor or record your usage of this site, in particular for VIVA's business purposes; such as for quality control and training.
10.2 Moreover, you agree that your Personal Data provided to VIVA through this site may be used and retained by VIVA and any third party authorized by VIVA to be acquainted with your Personal Data for purposes of collection, credit or site security.
- 11. General Terms and Provisions
11.1 Upon these terms and conditions, you acknowledge to be in compromise with any instructions in respect of each service rendered via this site.
11.2 Upon these terms and conditions, you pledge not to use services rendered via web site in any form in conflict with the laws of the State of Kuwait.
11.3 If your PC does not support relevant technology including but not limited to encryption you may not be able to use certain services or access certain information on this site.
11.4 VIVA reserves the right to charge for access to certain services or information provided through this site, such services or information may be subject to additional terms and conditions.
11.5 VIVA's site services are constantly evolving. You acknowledge and agree that the form and nature of the Services which VIVA provides may change from time to time without prior notice.
11.6 If any part of these terms is found to be illegal or unenforceable, this will not affect the validity or enforceability of the remainder of these terms.
11.7 It is known that VIVA reserves the right to assign these terms and conditions to another third party.
- 12. Language of the Terms
12.1 The English language version of the site is provided for your convenience only and that the Arabic language versions of the site will govern your relationship with VIVA.
12.2 Should any conflict arise between the Arabic and the English version of this site, the Arabic version would be considered as binding.
- 13. Governing Law & Jurisdiction
13.1 These terms and condition are governed by the provisions of the Kuwaiti laws and is subject to all regulations and decrees governing telecommunication within the state of Kuwait and according to the provisions of Islamic Shari'a.
13.2 The Kuwaiti Judicial authorities are solely the jurisdiction authority for all disputes may arise from or related to VIVA's site.
- Warning - Fraudulent E-Mail Communications
You may receive messages on your email purporting to be official correspondence from or on behalf of VIVA, using VIVA name and/or brand. Frequently, these unsolicited emails claim to offer immediate payment offers or employment opportunities, or indicate that the recipient has won a competition or lottery asking to enter your mobile number, site access password, ATM number or other information. Therefore, VIVA warns its clients to exercise caution with such messages, and advises to contact the legal department of VIVA once receiving such emails.