We are LIBSK Commission Agency and Trading Company. We operate the LIBSK mobile application and website (libsk.com), a multi-vendor fashion marketplace connecting buyers with independent boutique owners in Kuwait. By accessing our Services, you agree to be bound by these Terms of Use. If you do not agree, please discontinue use immediately.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

2. Intellectual Property Rights

Our Intellectual Property

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, as well as all trademarks, service marks, and logos. Our Content and Marks are protected by copyright and trademark laws and treaties around the world.

The Content and Marks are provided through the Services for your personal, non-commercial use only. No part of the Services or Content may be copied, reproduced, distributed, sold, or otherwise exploited for any commercial purpose without our express prior written permission. Permission requests may be sent to legal@libsk.com.

Your Submissions

By sending us any question, comment, suggestion, idea, or feedback about the Services, you agree to assign to us all intellectual property rights in such submission. You are solely responsible for what you post or upload and must ensure it is not illegal, harassing, hateful, harmful, defamatory, or misleading.

3. User Representations

By using the Services, you represent and warrant that: (1) you have the legal capacity to agree to these Terms; (2) you are not a minor in your jurisdiction of residence; (3) you will not access the Services through automated or non-human means; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use will not violate any applicable law or regulation.

4. Prohibited Activities

You may not use the Services for any purpose other than that for which we make them available. As a user, you agree not to:

5. User Generated Contributions

The Services may provide you the opportunity to create, submit, or transmit content including text, photographs, and other materials. When you create or make available any Contributions, you represent that they are accurate, do not infringe any third-party rights, and comply with these Terms.

6. Contribution License

You and LIBSK agree that we may access, store, process, and use any information and personal data that you provide. By submitting suggestions or feedback, you agree that we can use and share such feedback for any purpose without compensation. You retain full ownership of your Contributions and any associated intellectual property rights.

7. Services Management

We reserve the right to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who violates the law or these Terms; (3) restrict access to or disable any of your Contributions; (4) remove files that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services to protect our rights and ensure proper functioning.

8. Term and Termination

These Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason, including breach of these Terms. If we terminate or suspend your account, you are prohibited from registering a new account without our permission.

9. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time without notice. We cannot guarantee the Services will be available at all times and are not liable for any loss or inconvenience caused by downtime or discontinuance of the Services.

10. Governing Law

These Terms shall be governed by the laws of Kuwait. You irrevocably consent that the courts of Kuwait shall have exclusive jurisdiction to resolve any dispute arising in connection with these Terms.

11. Dispute Resolution

Informal Negotiations

The parties agree to first attempt to negotiate any dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

Binding Arbitration

Any dispute arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration. The number of arbitrators shall be 1. The seat of arbitration shall be Kuwait City. The language of proceedings shall be English. The governing law shall be the substantive law of Kuwait.

Restrictions

Any arbitration shall be limited to the dispute between the parties individually. No arbitration shall be joined with any other proceeding, and there is no right to arbitrate on a class-action basis.

12. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to change or update information at any time without prior notice.

13. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND WILL ASSUME NO LIABILITY FOR ERRORS, PERSONAL INJURY, UNAUTHORIZED ACCESS, INTERRUPTION OF TRANSMISSION, OR BUGS TRANSMITTED THROUGH THE SERVICES.

14. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.

15. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand arising out of: (1) use of the Services; (2) breach of these Terms; (3) breach of your representations and warranties; (4) violation of a third party's rights including intellectual property rights; or (5) any harmful act toward another user of the Services.

16. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing performance. Although we perform regular backups, you are solely responsible for all data you transmit or that relates to any activity you have undertaken using the Services.

17. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, and other communications we provide electronically satisfy any legal requirement that such communication be in writing.

18. Marketplace Platform

LIBSK operates as a multi-vendor marketplace. The contract of sale for any product is between the buyer and the boutique owner, not LIBSK. LIBSK acts solely as a platform facilitating the transaction. Boutique owners are solely responsible for the accuracy of their product listings, inventory, and order fulfilment.

19. Miscellaneous

These Terms constitute the entire agreement between you and us. Our failure to exercise any right or provision of these Terms shall not operate as a waiver. If any provision of these Terms is determined to be unlawful or unenforceable, that provision is severable and does not affect the validity of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms.

20. Contact Us

To resolve a complaint or receive further information regarding use of the Services, please contact us at:

LIBSK Commission Agency and Trading Company
Kuwait City, Kuwait
legal@libsk.com