Terms of Use

 

These Tawla.co Terms of Use (this “Agreement”) apply to your access or use of the Tawla.co websites, mobile sites, and applications (collectively, the “Tawla.co Sites”) and the content, features, and services (the “Services”) made available by Tawla.co.

 

In this Agreement, “Tawla.co” and “we” mean the Tawla.co company that is providing the Services to you, and with whom you are entering into this Agreement, which depends on the country in which you reside. The terms “User” and “you” mean any user of the Services. This Agreement incorporates Tawla.co’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “Tawla.co Policies”).

 

By accessing or using the Services or by clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services. THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION APPLICABLE TO USERS WHO ARE RESIDENTS OF THE STATE OF KUWAIT (INCLUDING ITS POSSESSIONS AND TERRITORIES).

 

Tawla.co may update or revise this Agreement (including any Tawla.co Policies) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, you must terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Tawla.co, any use of the Services (e.g., the use of the Reservation Services (as defined herein), Waitlist Services (as defined herein), or Payment Services (as defined herein), is subject to the version of this Agreement in effect at the time of use.

  1. RESERVATION SERVICES

  1. Restaurant Reservations. Tawla.co makes available restaurant reservation services (the “Reservation Services”) and waitlist services (the “Waitlist Services”) through the Tawla.co Sites to User for the purpose of assisting User in securing dining reservations, joining a waitlist at participating third-party restaurants (each, a “Restaurant”), or participating third-party event management services. In response to a User’s online request for a Restaurant reservation or to join a waitlist through the Tawla.co Sites, Tawla.co contacts the Restaurant’s computerized database of reservations and waitlists, as applicable. The availability of reservations place in line on a waitlist is determined at the time of User’s query and based on information provided to Tawla.co by the Restaurant. Once a reservation or waitlist request is made by User through the Tawla.co Sites, Tawla.co will provide confirmation of the reservation or waitlist status to User by email or other electronic messages as has been agreed to by User. By using the Reservation Services or Waitlist Services, User agrees to receive reservation and waitlist confirmations, updates, modifications and/or cancellations by email or other electronic messages.

 

  1. Pre-Payment Non-Refundable Reservations Deposit. The terms of the pre-payment non-refundable reservations require a certain payment, unique to each restaurant or participating third-party event management service, to be made at the time of booking. Payment will be processed and debited from the authorized credit or debit card account. No refund will be offered for cancellations made one (1) hour after the time of booking. Changes or amendments to the reservation made one (1) hour after the time of booking will be termed as cancellations and no refund of the deposit will be offered.

 

  1. No-Show Policy. Tawla.co is committed to providing superior quality services to Users and Restaurants. To assist us in maintaining a consistently high level of service for the Restaurants and their patrons, Users must cancel any reservations that they will be unable to honor at least 120 minutes in advance of the reservation. You may cancel your reservation via the Tawla.co Sites or by calling the Restaurant directly. Some Restaurants may require a debit or credit card number to finalize your reservation. In order to use the Reservation Services for these Restaurants, you must provide valid debit or credit card information. To confirm that the debit or credit card information you have provided is accurate, we may place a temporary authorization on your debit or credit card at the time you provide your debit or credit card information. After we verify that your debit or credit card information is accurate, usually within a few days, the authorization will be removed. You may be required to cancel your reservation in accordance with the Restaurant’s cancellation policy, which is disclosed at the time the reservation is made. Tawla.co uses this debit or credit card information as described in our privacy policy and shall have no liability for any charges made to the debit or credit card account for any failure to cancel your reservation in accordance with a Restaurant’s cancellation policy.

 

If you are unable to keep your reservation and you fail to cancel at least 120 minutes in advance of the reservation, Tawla.co will send you an email letting you know that our records indicate that you were a no-show. Upon arriving at the Restaurant, it is the User’s responsibility to notify the host that the User has a reservation. By using the Reservation Services, User agrees to receive no-show notifications by email after a report that your reservation was not honored, whether or not that was in fact the case. Your Account will be suspended if you are a no-show for three reservations within a 12-month period. If you receive a no-show notification email in error, please contact us on contact@tawla.co for information on how to dispute it. User agrees that all final no-show determinations will be made by Tawla.co in its sole discretion.

 

If you wish to remove yourself from a waitlist you have joined through the Waitlist Services, you can do so by managing your place in line through the Tawla.co Sites or by calling the Restaurant. Failure to appear at the Restaurant in a timely manner may result in the Restaurant bypassing your place on the waitlist for other guests or removing you from the waitlist entirely.

 

  1. Usage Guidelines. User agrees to use the Reservation Services or Waitlist Services only to book reservations or join waitlists at Restaurants and then honor those reservations or waitlist requests by arriving at the Restaurants on time and ordering and paying for meals. User further agrees not to book more than one reservation or join more than one waitlist for User’s personal use during any one meal time (e.g., lunch, dinner, etc.). Resale or attempted resale of reservations or waitlist spots is prohibited and is grounds for, among other things, cancellation of your reservations, removal from the waitlist or termination of your access to the Services.

  1. TERMS FOR ALL SERVICES

  1. Privacy Policy. Tawla.co is committed to helping you safeguard your privacy online. Please review our privacy policy for details about how we collect, use, and disclose information in connection with the Services.

 

  1. Your Account. You must create an account with Tawla.co through the Tawla.co Sites (“Account”) in order to use the Reservation Services, Waitlist Services, and Payment Services. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the Tawla.co registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify Tawla.co of any unauthorized use of your Account or any other breach of security related to your use of the Services on support@tawla.co.

 

  1. Communications from Tawla.co. If you use our Sites and Services, Tawla.co may communicate with you via phone calls, electronic messages, including email, text message/SMS, or mobile push notifications in accordance with our privacy policy. The same shall apply to Tawla.co’s participating restaurants or participating third-party event management services.

 

  1. Technical Requirements. Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier data or text message charges resulting from your use of the Services, including from any notifications provided by the Services. In order to use the text message-based services, you must maintain an active account with a carrier of electronic communications through mobile devices and you may not use a prepaid cellular phone to access such text message services. Tawla.co does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the Tawla.co Site, and some features and portions of the Tawla.co Site (including, but not limited to, making, modifying, or canceling reservations) may not be accessible with JavaScript disabled.

 

  1. Modifications to Services. Tawla.co reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Tawla.co Sites, Restaurants, and/or Merchants. Tawla.co shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.

 

  1. Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Tawla.co Content”) are provided to User by Tawla.co or its partners or licensors solely to support User’s permitted use of the Services. The Tawla.co Content may be modified from time to time by Tawla.co in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Tawla.co Content by User shall constitute a material breach of this Agreement. Tawla.co and its partners or licensors retain all rights in the Services and Tawla.co Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Tawla.co or any third-party is granted under this Agreement.

 

  1. Application License. Subject to the terms and conditions of this Agreement, Tawla.co grants User a non-exclusive, non-transferable, revocable license to use the Tawla.co mobile applications, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.

 

  1. Use Restrictions. The Services and Tawla.co Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. Tawla.co expressly reserves all its rights and remedies under applicable laws. Tawla.co reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third-party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or Tawla.co Content, except as expressly authorized by Tawla.co; (2) take any action that imposes or may impose (in Tawla.co’s sole determination) an unreasonable or a disproportionately large load on the Services or Tawla.co’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or Tawla.co Content to a third-party; (5) use any portion of the Services or Tawla.co Content to provide, or incorporate any portion of the Services or Tawla.co Content into, any product or service provided to a third-party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Tawla.co); (7) modify any Services or Tawla.co Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or Tawla.co Content; (9) use the Services or Tawla.co Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or Tawla.co Content or access or use the Services or Tawla.co Content for competitive analysis or benchmarking purposes. Although the Tawla.co Sites may be accessible worldwide, not all features or services discussed, referenced, provided or offered through or on the Tawla.co Sites are available to all persons or in all geographic locations, or appropriate or available for use outside the State of Kuwait. Tawla.co reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area.

 

  1. Export Control. You may not use, export, or re-export any Tawla.co Sites or other aspects of the Services (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, the State of Kuwait and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a Kuwait Government embargo or that has been designated by the Kuwaiti Government as a “terrorist supporting” country and that you are not listed on any Kuwaiti Government list of prohibited or restricted parties.

 

  1. Termination. Tawla.co may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, Tawla.co may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any Tawla.co Policies). After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account. You agree that Tawla.co shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which Tawla.co will have no liability whatsoever.

 

  1. Reviews, Comments, Communications, and Other Content. The Services may permit you to submit, transmit, post or otherwise provide content, including, but not limited to, reviews, comments, ratings, photos, images, videos, sounds, text, data, links and location information; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of a third-party’s publicity or privacy rights, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). Your User Content should be unbiased and objective. You may not submit reviews, comments or ratings for which you are being compensated in any manner, or for your own restaurant or any restaurant of your employer, friend, relative or a competitor. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. The name or handle you choose to provide to Tawla.co may be displayed publicly with such User Content. Tawla.co reserves the right (but has no obligation) to monitor, remove, or edit User Content in Tawla.co’s sole discretion, including if User Content violates this Agreement (including any Tawla.co Policies), but you acknowledge that Tawla.co may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant Tawla.co a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers, including to restaurants, partners and other third-party websites and feeds) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media, and, where applicable, you hereby waive any privacy or publicity rights or any similar rights in an individual’s name or likeness in addition to any moral or other rights you may have in the User Content you submit in favor of Tawla.co. You represent that you own, or have the necessary permissions to use and authorize the use of User Content as described herein. Tawla.co takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third-party, nor do we guarantee any confidentiality with respect to User Content.

 

  1. Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by Tawla.co and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at Tawla.co’s request) defend Tawla.co, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Tawla.co Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.

 

  1. Liability Limitations. EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL THE TAWLA.CO PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE TAWLA.CO SITES, SERVICES, THE TAWLA.CO CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR (4) YOUR VISIT TO ANY RESTAURANT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY RESTAURANT OR MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD-PARTY DIRECTING YOU TO THE TAWLA.CO SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE TAWLA.CO CONTENT. TAWLA.CO IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY RESTAURANT FOR WHICH A USER HAS MADE A RESERVATION, CLAIMED AN OFFER OR PROMOTION, OR PAID A BILL USING THE PAYMENT SERVICES.

 

IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO TWENTY KUWAITI DINARS (KWD 20).

 

You and Tawla.co understand and agree that the disclaimers, exclusions, and limitations in this Section 13 and in Section 14 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that Tawla.co would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

 

  1. Disclaimer of Warranties. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND TAWLA.CO CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES, ALL TAWLA.CO CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. TAWLA.CO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. TAWLA.CO DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT TAWLA.CO WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. TAWLA.CO SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF TAWLA.CO.

 

THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

  1. Third-Party Websites, Applications and Services. The Services may contain hypertext links to websites and applications operated by parties other than Tawla.co. Such hypertext links are provided for User’s reference only, and Tawla.co does not control such websites and is not responsible for their content. Tawla.co’s inclusion of any hypertext links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators. Tawla.co assumes no liability whatsoever for any such third-party websites, applications or any content, features, products, or services made available through such third-party websites or applications. Additionally, Apple Inc. or Google, Inc. will be a third-party beneficiary to this contract if you access the Services using applications developed for Apple iOS or Android devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service, including any license transferability and other usage rules therein.

 

  1. Release. Restaurants and Merchants are solely responsible for their interactions with you and any and all reservation confirmations or cancellations, claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you as a result of your (or such recipient’s) interaction with or visit to any Restaurant or Merchant or from any promotion, offer, product or service of any Restaurant or Merchant available on the Tawla.co sites. Users must resolve all disputes directly with Restaurants. To the maximum extent permitted by applicable law, you hereby release the Tawla.co Parties from any and all such Claims. You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Tawla.co Parties pertaining to the subject matter of this Section 16.

 

  1. Notify Us of Infringers. If you believe any of the Services violate your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this Section.

 

In order for us to take action, you must do the following in your notice:

 

  1. provide your physical or electronic signature;

 

  1. identify the copyrighted work that you believe is being infringed;

 

  1. identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;

 

  1. provide us with a way to contact you, such as your address, telephone number, or email;

 

  1. provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and

 

  1. provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.

 

Here is the contact information for our copyright agent:

 

Contact@tawla.co

 

Again, we cannot take action unless you give us all the required information.

 

  1. Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

 

  1. Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Tawla.co.

 

  1. Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

  1. ARBITRATION AGREEMENT AND TRIAL WAIVER

This Agreement, including any non-contractual obligations arising out of or in connection with this Agreement, shall be governed by and construed in accordance with the laws of the State of Kuwait (excluding its conflict of laws rules).

 

In the case of arbitration and where permitted by law, you are thus agreeing to GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

 

If any dispute, controversy or claim of whatever nature arises under, out of or in connection with this Agreement, including any question regarding its existence, validity or termination or any non-contractual obligations arising out of or in connection with this Agreement (a “Dispute“), the Parties and Third Parties (if any) (collectively, the “Disputing Parties” or “Disputing Party” in the singular) shall use all reasonable endeavors to resolve the matter amicably within thirty (30) days after the service of notice to a Disputing Party (a “Disputes Notice”). Any Disputing Party must provide a Disputes Notice to the other Disputing Parties which shall state its desire to enter into consultations to resolve a Dispute. If no settlement can be arrived at between the Disputing Parties for a continuous period of thirty (30) days from the date of the Disputes Notice.

 

All Disputes, which are unresolved and which any Disputing Party wishes to have resolved, shall be referred upon the application of any Disputing Party to, and finally settled by arbitration in accordance with the DIFC-LCIA Arbitration Rules, in force at the time when the request for arbitration by a Disputing Party or Disputing Parties is served in accordance with the Rules (“DIFC Rules“).  There shall be three (3) arbitrators appointed in accordance with the DIFC Rules. Each of the claimant(s) and the respondent(s) shall appoint an arbitrator.  The third arbitrator shall be appointed by the co-arbitrators, or, failing such agreement, by the DIFC-LCIA Arbitration Panel. The place of the arbitration shall be the Dubai International Financial Center.  The language of the arbitration shall be English. This arbitration agreement shall be governed by the laws of the State of Kuwait.

 

In the case of arbitration and where permitted by law, you and Tawla.co must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR TAWLA.CO MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Tawla.co will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) Tawla.co also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.

 

 

Notwithstanding the foregoing, either you or Tawla.co may bring an individual action for claims of defamation, computer fraud, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the courts located in the State of Kuwait. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the courts located in the State of Kuwait in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within the State of Kuwait for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.