Terms & Condition

First: Definitions

The platform: is Rest n Joy owned by Rest n Joy S.P.C under Commercial Register No. 506627 and is hereinafter called (the platform) in all its forms, whether it is a website, a phone application, or any other technical form.

Service Provider: Any natural or legal person who uses the window designated for him through the platform after registering according to the special conditions required by the platform, in order to display the property or a group of properties for rent, whether commercial, residential, hotel, or any other types in which the displayed property is used, whether the service provider is the actual owner of the property or a legal agent, commissioner, or broker, including but not limited to hotels, resorts, real estate companies, and property owners such as houses, farms, and chalets, without prejudice to what is imposed by law and regulations in this regard.

Consumer (Service Applicant): Any natural or legal person who uses the platform for the purpose of benefiting from the services provided by the service provider.

Window: The window designated for the service provider by the platform to display the property or group of properties in order to reach the consumer (Service Applicant) in accordance with the terms and conditions specified by the platform.

Third Party: Any party bound by a contractual relationship or committed to the platform or service provider to perform a service or provide technical support or logistical services and is not a user of the platform, including, but not limited to, banks and financial institutions.

Displayed Data: All images, information, facts, prices, addresses or any data related to the property displayed by the service provider.

User: This is a term used to refer to any natural or legal person who uses the Rest n Joy platform as a consumer, service provider or for any other purpose.

Preamble:

• The above preamble is an integral part of this agreement,

• The Rest N Joy platform owned by Rest N Joy Real Estate Company registered with the Kuwait Chamber of Commerce and Industry in the State of Kuwait under Commercial Registration No.: 506627 welcomes you and informs you that you will find below the terms and conditions regulating your use of the platform and all legal effects resulting from your use of the Rest N Joy platform services on the Internet, as the use of any natural or legal person of the Rest N Joy platform, whether a service provider, consumer or other users of the platform, this constitutes approval and acceptance of all the articles, terms and provisions of this agreement and is a confirmation of your commitment to its systems and to what is mentioned therein, and we inform you that the Rest N Joy platform may be a (website or mobile application or electronic platform) and this agreement is considered valid and effective once you agree to it and start registering in it or benefiting from any of its services provided, as the Rest N Joy platform is not associated with the relationship between the service provider and the consumer or the third party in any way. Its commitment to providing the services included in the platform is limited to enabling the service provider to meet the consumer or customer without being obligated to guarantee any obligation associated with the two parties (the service provider, the consumer, and the third party). Please review the definitions in order to understand the meanings of some of the terms included in this agreement.

 

Who we are

We are a private platform for displaying real estate reservations, where we enable the property owner, the legal authorization holder, or the broker to display his property on our platform and deal with the consumer through the platform, in accordance with the framework of the law and the special conditions in this agreement, and the service provider is bound by the controls set by the platform.

 

Second: The limits of our responsibility:

1- It is certain that all that is displayed by the service provider of real estate, its images, data, descriptions, address, and other things that are considered a description of the property or a feature of its features are subject to the responsibility of the service provider alone, and he is obligated to record all of the above in a manner consistent with the truth, and that providing incorrect or false data or information may be considered a criminal offense punishable by law.

2- Electronic payment systems and links or any other method of payment adopted by the platform are subject to the supervision of the bank or the third party, as the case may be, and they are responsible for the security standards of the payment methods available through the platform, and the platform is not associated with this aspect at all.

3- The platform exercises great care and imposes security restrictions in an attempt to prevent fraudulent means or any violation or crime punishable by law, but it does not guarantee any responsibility towards the injured party, as it is not related to the relationship between the service provider or any other party with whom it has a contractual or commercial relationship.

4- The displayed accommodations or properties and the descriptions and data they contain are the responsibility of the service provider and the platform has nothing to do with what is displayed by the service provider.

5- The platform does not nominate, prefer or recommend any of the displayed properties, but there may be site-specific criteria that raise the level of evaluation and the platform, as is confirmed, does not nominate or prefer any service provider or displayed property.

6- The platform's mission is merely to provide electronic support tools, by establishing a window for the service provider, as the platform's commitment under this agreement is only to create the electronic window for the service provider on the Rest n Joy electronic platform, and to place the window in front of users or consumers.

7- All transactions that take place between the consumer and service providers and third-party services have nothing to do with the Rest n Joy platform, as this transaction is an independent contractual relationship subject to the agreement concluded between the consumer and the service provider, and accordingly, the Rest n Joy platform is not responsible for the failure, refusal or failure of one of the parties to implement its agreed-upon obligations or not implementing them in the required manner.

8- You acknowledge that you are aware that the platform is considered an electronic technical platform on the Internet that allows the service provider who agrees to this agreement to establish his electronic window with us, and to practice his activity through it. The platform does not bear any responsibility in the event that the service provider violates or exceeds the provisions of this agreement, and the Rest n Joy platform has no connection with the transactions that take place between the service provider and the consumer.

 

Third - Controls for creating a window for the service provider:

1- Any person who has legal capacity may create his window in accordance with the rules and provisions of the User Agreement.

2- The window for the service provider and the data displayed according to the Rest n Joy platform user agreement must not violate the regulations and laws and must abide by its agreement with the consumer, and the Rest n Joy platform disclaims its responsibility for the service provider's violation of the provisions of the law and public morals, and the Rest n Joy platform has the right to refuse to register any electronic service provider who does not comply with the laws in the State of Kuwait or the provisions of this agreement, and accordingly, the service provider acknowledges under the provisions of this agreement that his window does not violate the public order and laws in the State of Kuwait or Islamic morals.

3- No natural or legal person has the right to use the Rest n Joy platform as a service provider if his membership is cancelled by the platform.

4- In the event that any service provider registers on the platform, as a legal entity, this entity shall be bound by all the rules and provisions mentioned in the platform's user agreement.

5- All service providers must be committed to clarifying the terms and conditions to the consumer, the privacy policy, confidentiality of information, the policy of replacement or return, and cancellation of reservations, which are considered as an electronic contract.

6- All service providers must ensure that the data provided by them is correct and consistent with the truth and reality, and that the invoice issued by the platform and the essential data therein are derived from the information proven by the service provider with his knowledge without any responsibility on the platform in the event of any violation, crime, or harm to the consumer as a result of proving incorrect information or data. The invoice is also issued after the consumer completes all stages of the payment process. The information related to the offered property is the responsibility of the service provider, who is committed to stating the details of the service, including, but not limited to, the costs of purchasing the service or the duration of the right to use the offered property, the total price, the date and place of delivery, and the replacement and return policy. All of this is the responsibility of the service provider, and the platform is not associated with any of the above.

7- In the event of non-compliance with any of the above, the platform management has the right to take any of the following measures, including, but not limited to: warning, stopping the service and closing the window, or blocking you from accessing the platform services as the platform deems appropriate. However, the platform is not responsible for this breach that may occur by the service provider against the consumer or others, as it is not a party to the relationship between the consumer and the service provider, but it does so for reasons of improving the quality of use of the platform.

 

Fourth - Accounts and registration obligations:

1- The platform will not be responsible in any way for any loss that may be incurred by you directly or indirectly, morally or materially, as a result of disclosing the username or password information or in the event of the service provider's failure to comply.

2- The service provider must provide the platform with real data upon registration and prove his identity by presenting official documents submitted during registration.

3- Upon submitting an application to join the platform's membership or requesting the creation of the electronic window, you will be required to disclose specific information and choose a username and a secret password to use when accessing the platform's services. After activating your account, you will become a user of the platform's services, and thus you have agreed to:

1. Be responsible for maintaining the confidentiality of your account information and password, and you agree to notify the platform immediately of any unauthorized use of your account information with the platform or any other breach of your confidential information.

2. You must commit to using your electronic window yourself, as you are fully responsible for it, and if someone else uses it, this means that you have authorized him to use your window in your name and on your behalf.

3. When using the Rest n Joy platform, you must use it with all seriousness and honesty, and adhere to the rules and provisions of the User Agreement and adhere to the legal controls in force in the State of Kuwait, and you are obligated to compensate the Rest n Joy platform for any damage that may be caused to it as a result of any illegal or unauthorized use of your account by you or by any other person who obtained the keys to access your account on the platform, whether to complete services using the username and password or as a result of your negligence in maintaining the confidentiality of the username and password, and whether with your authorization or without authorization.

4. You must commit to disclosing your true and correct information and to be updated, complete and legal about yourself as required during registration on the platform.

5. You must commit to updating your personal data on the platform in the event of a change in reality, or if necessary.

6. You undertake not to include in your username any of your contact details such as email addresses, phone numbers, or any personal details, or any phrase that indicates a personal or commercial relationship between you and the platform, its employees or owners.

7. It is prohibited to place anything in your window that indicates any direct or indirect relationship with the platform, its management, owners or employees, as the Rest n Joy platform does not have a relationship with the service provider other than what is stated in the terms of this agreement.

8. The platform confirms its commitment to dealing with your personal information and contact addresses confidentially in accordance with the provisions of the privacy policy and confidentiality of information.

9. You are obligated to maintain and update the registration data at all times to keep it true, correct, complete and legal, and if you disclose information that is false, incorrect, incomplete, illegal or in violation of what is stated in the user agreement, the platform has the right to suspend, freeze or cancel your membership, window and account on the platform.

10. The platform has the right at any time to conduct any investigations it deems necessary, whether directly or through a third party, and to request you to disclose any additional information or documents. 11. In the event of non-compliance with the above, the platform has the right to delete, cancel or prevent your access to the platform.

 

Fifth - Electronic correspondence and means of communication:

1. The service provider and the consumer (user) agree that the approved correspondence shall be through the fixed email on the platform during registration or through any other means recorded on the site by the user (service provider or consumer). The platform also has the right to announce any amendments to the agreement or alerts and advertisements through the same means specified above.

2. The user must check his mail to ensure that any notices, advertisements or notifications issued by the platform have been received.

3. The platform is contacted through the numbers and addresses announced on the platform or through its website.

 

Sixth - Amendments to the User Agreement and Fees:

1. The platform has the right to make any amendments to the User Agreement and the user shall be notified of these amendments in accordance with what is agreed upon or through any modern means or phone number and using text messages or the social media program WhatsApp.

2. The user has no right to object or disagree with the amendments made by the platform and it is certain that any amendments made by the platform are subject to the rules that regulate the method of using the platform for the benefit of users and do not aim at any private interests. Also, to benefit from the platform's services, this agreement and any amendments to it must be approved. Therefore, in the event of non-acceptance of the amendment, you must stop using the platform, as your mere access to your account on the platform or your use of it constitutes your acceptance of the amendments and full and complete consent that negates ignorance.

3. All fees are calculated in Kuwaiti dinars, and the user must pay all fees due on the platform in addition to any other expenses.

 

Seventh - Payment and settlement services:

1. The platform provides through banks or financial institutions or any company or means of transferring and transferring money electronically or through any technical means or through digital platforms or any payment and settlement system approved on the platform through the payment options available on the platform or through any payment method provided by the platform from time to time.

2. The platform is not associated with any relationship between the parties regarding the payment and settlement methods available on the platform, as they are subject to the relationship between the service provider and the third party and the consumer, and the platform is not responsible for any hacking or fraud, as the management of payment methods is through a third party.

3. The provision of payment services within the platform is for the purpose of facilitating the consumer.

4. The service provider is responsible for the prices of the properties offered in accordance with the provisions and regulations of the Ministry of Commerce and relevant laws and is committed to providing the advertised service after the consumer completes paying the bill, and any breach by the service provider is solely responsible for it legally and for the consequences of that breach, especially the damage that may affect the platform or the consumer.

5. The service provider is obligated to keep the commercial books stipulated in Articles 26-80 of Law No. 68 of 1980 issuing the Commercial Code.

6. The service provider is obligated to provide the consumer with a payment invoice showing the details of the service or transaction and its date according to the methods available through the platform. The platform also has the right to keep a copy thereof.

7. The platform has the right to cancel or amend any of the payment methods available through the platform.

 

Eighth: Personal information and displayed data:

1. You grant the platform a legal right and an unlimited, global, licensed, unconditional or unrestricted authorization to retain or use your personal information or materials that you display on the platform, regardless of the type or purpose of the display.

2. You are responsible for the data displayed in your window, and once you display anything in it, it is considered an acknowledgment from you of its ownership and an authorization for us to use, publish or display any of it in accordance with the previous article.

3. The confidentiality of information is subject to the rules of the “Privacy and Information Confidentiality Policy” of the platform.

 

Ninth: Platform rights, intellectual property and copyright:

 

1. All texts, sounds, colors, logos, technologies or ideas included on the platform, whether electronic or otherwise, are the property of the Rest n Joy platform and its rights are reserved to it, and it is prohibited to use, copy or imitate them in any way.

2. Anyone who violates or infringes on the rights stated in the above clause will be prosecuted.

3. The platform is not responsible for infringing on the property rights of users, but it can deal in accordance with legal procedures with those who violate property rights.

 

Tenth: Service Provider Obligations:

1. The service provider shall abide by the laws and regulations regulating the activity it carries out through the Rest N Joy platform and shall not violate them.

2. The service provider shall abide by providing the consumer with the advertised service without negligence and shall abide by the displayed specifications.

3. The service provider shall abide by providing correct data about itself and the properties displayed through its window and shall acknowledge the validity of everything displayed through its window and the validity of the data displayed by it.

4. The service provider shall abide by delivering the property to the consumer, regardless of the nature of the agreement between them, on the specified day and time and enabling him to benefit during the period agreed upon between them.

5. The service provider acknowledges that the displayed property images are correct and true, whether the property is an apartment, hotel room, house, or other property to which the concept of property and the consideration for benefit apply.

6. The service provider agrees that Rest n Joy, the owner of the platform, will deduct 20% or its equivalent as a commission due to Rest n Joy for each successful sale made through the platform. It is known that it is deducted in advance before transferring it to the service provider. This percentage of 20% or its equivalent is due without condition or restriction. The service provider, such as hotels, real estate companies, or property owners, has no right to object to this percentage. The service provider is obligated to refuse or deduct it. In addition, the service provider is obligated to pay the fees and expenses due to the platform when they are due immediately according to the conditions specified by the platform.

7. If the activity carried out by the service provider through the platform requires the issuance of certain licenses or requires permits from governmental and official bodies, he must adhere to them without any responsibility on the Rest n Joy platform.

8. The service provider is obligated to state the service provided by him in a statement that negates ignorance and that the images and specifications reflect the truth.

9. The service provider is committed to ensuring that its window includes the terms, conditions and specifications related to the service offered by it and that the consumer can easily view them without any responsibility on the platform.

10. The service provider must abide by the laws and regulations in force in the State of Kuwait and also abide by public morals and not violate public order in everything it announces or publishes, whether verbally or in content.

11. The service provider is committed to ensuring that the prices offered are real and consistent with reality and to ensuring that the consumer benefits from them fully according to the agreement.

12. The service provider must clearly explain to the consumer the reservation, cancellation and refund policy, the privacy policy, confidentiality of information and all special terms and conditions.

13. The service provider is committed to responding to consumer complaints submitted directly by them and resolving any dispute or problem facing the consumer.

14. The service provider is committed to dealing with consumer complaints with reasonable speed.

15. The service provider must clearly explain the refund policy paid and abide by it.

16. The service provider must clearly show the property address and photos, and the service provider’s data, such as name and phone number, must be correct.

 

Eleventh: Consumer Obligations:

1. The consumer must verify the accuracy and authenticity of the data displayed by the service provider. Thus, the consumer knows that the platform is not responsible for any error made by the service provider and is not responsible for compensating for damages regardless of the cause, as the platform is not related to the consumer's relationship with the service provider.

2. The consumer is obligated to inform the platform if he is exposed to or discovers a fraud, deception or scam, and the reporting shall be through the means of communication specified by the platform.

3. The consumer is obligated to review the terms, conditions and specifications stated in Clause Ten, Paragraph No. 9 above without any responsibility on the platform in the event of a dispute between the service provider and the consumer.

4. The consumer must keep his account data confidential and in a manner that ensures that others do not obtain or use it.

5. The platform assures the consumer that the display method, special conditions, images and all information provided by the service provider are not subject to our control and are not approved by us before the display, and that any error, fraud or change made by the service provider is dealt with in accordance with the applicable legal procedures, but the platform does not guarantee or bear any responsibility towards the consumer or the service provider. Also, the consumer's request to refund his paid money, regardless of its reason or the extent of its entitlement, is against the service provider without any responsibility falling on the Rest n Joy platform.

6. Our "platform" does not provide a recommendation or endorsement of any "service provider" or its products, services or facilities, etc.

7. Rest n Joy platform is not a party to the terms concluded between you and the "service provider". The "service provider" is solely responsible for its obligations towards you. 8. To benefit from the platform services, you may need to create an "account", so please ensure that all your information (including payment and contact details) is correct and up-to-date. The consumer is also responsible for anything that happens to his "account", so please do not allow anyone else to use it, and please keep the username and password confidential.

9. You acknowledge that you are at least 18 years old to use the "platform".

10. You acknowledge that your information and personal data provided to us are correct.

11. The consumer must carefully read the terms and conditions of the service provider before making any purchase of the offered service.

12. In cases of claiming a refund or cancellation of the reservation, the claim is directed to the service provider directly and the platform has nothing to do with these claims.

 

Twelfth - Cancellation of User Membership:

1. The platform has the right to permanently or temporarily cancel, block or suspend user accounts if the user commits any of the following acts or in the following cases:

2. Violation of the rules and provisions of the User Agreement or the law.

3. Misuse, including verbal or written abuse or failure to comply with the system and public morals.

4. If the platform management decides that the user's activity is in violation of the law.

5. If the user commits acts that are criminalized by law or prohibited by law.

6. If he displays or discloses false information or data that would harm the platform or the consumer, even if the damage did not occur or the damage was likely.

7. If he violates the provisions or terms of this agreement.

 

Thirteenth: Applicable law and competent courts to resolve disputes. This agreement is subject to the laws in force in the State of Kuwait and the jurisdiction of its courts is vested in it.

Fourteenth: General Provisions:

1. Each user must maintain the confidential information of the account available on the Rest n Joy platform and exercise due care to prevent the account from being used by other persons.

2. All agreements made between the service provider and the consumer, as well as payment operations and others, do not have any effect on the Rest n Joy platform and are not linked to it in any way.

3. If a new law is issued regulating e-commerce and business, all users pledge to abide by its provisions and update their status in accordance with the required legal requirements.

4. The provisions of this agreement or its terms may not be amended except by a decision issued by the platform management.

5. The user is responsible for abiding by all laws in the country and not violating them, and the user alone is responsible for any violations of the provisions of the laws in the State of Kuwait.

6. The role of the Rest n Joy platform is limited to managing the platform technically without any connection to it in the agreements made between users.

7. Once you use the Rest n Joy platform, you agree to the terms and conditions of this agreement.

8. Rest n Joy platform does not guarantee any defect in the service provided by the service provider to the consumer and does not compensate for the damage that befalls the consumer as a result of the service provider's error, and the civil and criminal liability shall be borne by the service provider if necessary.

9. All intellectual property rights, copyrights and any rights resulting from the idea of ​​this platform are the private property of Rest n Joy Company and no user or entity may use these rights except with the approval and permission of the platform management.

10. When translating this agreement into several languages, the Arabic language is the approved and primary reference.