VIVA Website (www.viva.com.kw)
Kuwait Telecommunication Company, Kuwaiti Shareholding 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, receiving/ 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 of all associated logos and symbols and combinations and drawings.
2. User's Obligations
- 2.1 Use the Site and the Services delivered in accordance with these Terms and Conditions and in an appropriate and lawful manner and by way of example and not as a limitation. User shall not:
- 2.1.1 Receive, access, transmit or broadcast any Content which is unlawful or in breach of any Intellectual Property Rights (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.
- 2.1.5 Disclose personal or sensitive information or any information which may identify the user.
- 3.1 Some services may be chargeable as indicated on the Site and in any other terms and conditions.
- 3.2 User acknowledges that he/she shall 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 shall be liable 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 the user 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 in the Site are appropriate or available for use in locations outside the State of Kuwait. Those who choose to access VIVA Site from other countries do so on their own initiative and are responsible for compliance with local laws of that country.
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.
- 6.2 User 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, expressed 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 own 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 which may be beyond the reasonable control of VIVA and in such cases, the user cannot hold VIVA liable or responsible for any such situation.
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 reading these terms and conditions, the user acknowledges being in agreement with all instructions in respect to each service rendered via this site.
- 11.2 The User pledges not to use the services rendered via web site in any form in conflict with the laws of the State of Kuwait.
- 11.3 If the user's PC does not support relevant technology including but not limited to encryption, the user 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. The User acknowledges and agrees 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 VIVA reserves the right to revise or change the terms and conditions at any time and all the transactions shall be governed by the terms and conditions in place at that time of such transaction. VIVA may assign these terms and conditions to a third party in case any such requirement arises.
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 will be considered as binding.
13. Governing Law & Jurisdiction
- 13.1 These terms and conditions 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 that may arise from or are related to VIVA's site.