Qudra’s Terms and Conditions with Vendor
1.1 Qudra is a platform owned and operated by Qudra Global General Trading Company (hereinafter us, we or Qudra). Qudra allows interaction and connectivity between any vendor offering a service through Qudra (You or Vendor(s)) and potential clients (the User(s)), where Vendor performs and/or renders certain services, deliverables and/or packages to Users (the Deliverable) (collectively, the Services).
1.2 These terms and conditions (T&Cs) govern your access and use of Qudra (the Platform) and any application, website, content, products, and services made available by Qudra.
1.3 By accessing or using the Services, you confirm your agreement to be bound by the T&Cs. If you do not agree to the T&Cs, you may not access or use the Services. The T&Cs expressly supersede prior agreements or arrangements made with you (if any). Qudra may immediately terminate these T&Cs or any Services with you, or generally cease offering or deny access to the Services or any portion thereof.
1.4 BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OR EFFECT THEREOF.
1.5 Qudra may amend the T&Cs from time to time. Amendments will be effective upon Qudra's posting of such updated T&Cs at the Platform or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the T&Cs, as amended. If Qudra changes the T&Cs after the date you first agreed to the T&Cs (or to any subsequent changes to these T&Cs), you may reject any such change by providing us written notice of such rejection within thirty (30) days of the date such change became effective. This written notice must be provided by email, from the email address associated with your account to: contact@joinqudra.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject such changes to the T&Cs.
1.6 Supplemental terms may apply to certain Services (Supplemental Terms). Supplemental Terms shall be deemed a part of the T&Cs for the purposes of the applicable Service(s). In the event of any conflict between the terms of the Supplemental Terms and the T&Cs, the Supplemental Terms shall prevail.
1.7 These T&Cs shall apply to the Vendor (you) accessing the Platform and the Services and shall govern the relationship directly between us and the Vendor, and indirectly between the Vendor and the Users.
2.1 You hereby confirm that you are eligible, as per applicable laws, to (i) access the Platform; (ii) perform the Services; (iii) accept the T&Cs; and (iv) receive payment(s) in consideration of your rendered Services.
2.2 In the event you are not eligible as depicted in the preceding Clause, your parent or legal guardian must agree to the T&Cs on your behalf and permit you to use the Platform and access the Services.
2.3 You are prohibited from creating an account for anyone other than yourself. Further, you hereby represent the accuracy and completeness of all information provided upon your registration and at all other times requested by us and will ensure you update us to maintain the accuracy and completeness thereof.
3.1.1 Through the Platform, the Vendor offers their services and products which the User may browse and select. Users have the opportunity, via Qudra, to request certain Services from you (the Request).
3.1.2 Generally, Vendor will have the right to accept or decline such Request via chatting feature in the Platform. Alternatively, in case the Vendor is offering their services in the form of a package that would include all the services and deliverables in one Request; then the Request would be automatically accepted once the payment by the User is complete.
3.1.3 The Request shall include the following information:
3.1.3.1 Subject of the Request;
3.1.3.2 Duration to provide the Deliverable (that matches the Service or package provided by the Vendor);
3.1.3.3 Revisions allowed;
3.1.3.4 Fees; and
3.1.3.5 and any other information related to the Service.
(Request Details).
3.1.4 Once the Request is accepted (whether accepted by the you via chatting features or by you purchasing a package directly from the services features(, you will be obliged to render the offered service as per the User’s Request Details. The Deliverable should be acceptable as per applicable standards.
3.1.5 Vendor shall deliver and submit the Deliverable to the User through the Platform. In the event Vendor fails to comply with this obligation, Qudra reserves the right to deem the Vendor in breach of its obligations under the terms of these T&Cs.
3.1.6 Vendor hereby understands that they may be operating and dealing with Users from different countries around the world. For the avoidance of doubt, the Vendor shall, at all times, be responsible and liable to ensure its and Deliverable’s compliance with applicable laws.
3.1.7 Vendor may only communicate with the Users through the chat feature provided in the Platform. In the event the Vendor communicates with the User through any other means beside the Platform, the Vendor will be deemed in breach of these T&Cs.
3.1.8 You will have the sole discretion over the content and mean of creating the Deliverable as per the Request Details. You are, however, obliged to render any Deliverable in accordance with the T&Cs, any instructions provided by the User, and you will be held liable for any breach thereof.
3.2 Advertisements.
Some of the Services or content displayed on our Platform is supported by advertising proceeds and may display advertisements and promotions, and you hereby agree that Qudra may place such advertising and promotions on the Services or on, about, or in conjunction with your Deliverables. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You hereby acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
3.3 User Information.
When you offer your services and products on the Platform, you hereby acknowledge that User’s information is supplemented by the User (User Information). Qudra hereby releases its liability from (i) the validity of User Information as may be displayed on the Platform; (ii) the accuracy, completeness and correctness thereof; and (iii) any errors in such User Information. In this regard, each User is solely responsible, at all times, for the accuracy, completeness and correctness of their information and data displayed on the Platform.
3.4.1 Users have the opportunity via the Platform to post reviews and/or comments on their experience with the Services, use of Platform or the Deliverables produced by you or any other Vendor (the Reviews).
3.4.2 Qudra shall remove any reviews it determines in its sole discretion to be explicit, offensive or derogatory. The Vendor acknowledges that Qudra is under no obligation to remove or edit the Reviews. Qudra assumes no liability or responsibility to the Vendor for any Reviews made by the Users.
4.1 Upon accepting any Request or by creating any package, you will set the price for each Deliverable, provided that any price quoted is reasonable and acceptable as per industry’s standards (Price).
4.2 Any payments of the Price or other fees shall be made through the payment services offered on the Platform. You hereby authorize Qudra to receive any payments of the Price or otherwise in relation to your Deliverable from the Users on your behalf. Vendor will bear any administrative and/or banking charges associated with such payments (Banking Charges).
4.3 In relation to the Deliverables, Qudra will be entitled to receive a commission of 15% of the Price in relation to every Deliverable you create (the Commission).
4.4 Qudra shall, transfer all amounts to vendors up to 14 days by the day of completion, and only once the Deliverable has been completed and delivered to the User, remit the net amount due to the Vendor less the Commission, Banking Charges and any other fees agreed between Qudra and the Vendor (the Net Amount) to the bank account specified in your Account (as defined hereinbelow).
4.5 Upon your registration, you will provide us with the desired bank account information and other pertinent credentials to enable remittance of the Net Amount in relation to your account in a local Kuwait Bank or any International Banks (the Account); such as: Account number, IBAN, Bank name, Branch name, Address and swift code.
4.6 You confirm that all information provided in relation to your Account is complete, current and accurate. You further represent and warrant that any transfer of the Net Amount to the Account will duly and legally discharge Qudra of its payment obligations.
4.7 In the event you cancel or fail to deliver any Deliverable, Qudra reserves the right to retain its Commission and charge you an additional ten per cent. (10%) from the Price. Further, you hereby understand that any payment made by the relevant User will be fully refunded to the User by Qudra. You hereby authorize Qudra to bill such charges to your Account.
4.8 Vendor hereby acknowledges and understands that in the event User cancels or is no longer responsive in relation to its Request or Deliverable, the Vendor will only be entitled to receive the payment from the User less the Commission . For the avoidance of doubt, Qudra assumes no liability for any such action from the User.
4.9 Qudra will not be responsible for any delays or failure in relation to receiving the Net Amount where caused by a third-party payment provider or by Vendor’s failure to timely and properly provide the relevant information in his/her Account. For instance, International wire transfers may occur delays to the transfer due to international bank account details.
4.10 The currency conversion rate of any international transfer shall be calculated upon the date of the Deliverable’s completion.
4.11 You hereby acknowledge that Fees are subject to change, and that additional charges may be imposed e.g. subscription fees, by Qudra. Qudra hereby reserves the right to change the Fees and the manner in which payments are made in the Platform, at any time, without any liability to you.
5.1 The Services allow you to upload, submit, store and send content and data, profile biography and photos (Vendor Data). You hold ownership and any intellectual property rights that you hold in your Vendor Data. You may use your Vendor Data for your purposes and such license is fully paid and royalty-free. For the avoidance of doubt, any Deliverable delivered to the User shall be deemed owned by the User. You may not publish or use any Deliverable unless permitted by the User.
5.2 You hereby grant Qudra a non-exclusive, transferable, royalty-free, fully paid, unlimited, international, sub-licensable, irrevocable and perpetual license in any and all forms to store, host, reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works and otherwise use the Vendor Data for the purposes of operating the Platform, Qudra and/or the Services. Further, Qudra may utilize such license to develop, improve, advertise, market and promote the Platform, our products and Services.
5.3 In relation to the above clauses, you hereby represent and warrant that (a) you own all rights in relation to your Vendor Data and that you have the right to grant us said rights; (b) you have paid and will pay any charges or fees related to your use of the Vendor Data; and (c) your Vendor Data does not infringe on any third-party’s intellectual property rights, privacy rights, publicity rights or any other legal rights vested to them under applicable law.
5.4 Qudra hereby reserves the right to use your Vendor Data and particularly the Deliverables during the tenor and after the termination of your relationship with Qudra and your use of the Services.
5.5 Confidentiality
You hereby acknowledge and confirm that Qudra will not be under any confidentiality obligation in relation to the Vendor Data. Vendor Data will be deemed non-confidential and Qudra will not be liable for any disclosure or use of the same. You further acknowledge and agree that Qudra does not hold any confidential, fiduciary or special responsibilities towards you; as such, Vendor Data shall be treated as material available to the general public and will not be subject to any obligation of confidence on our part.
5.6 Ownership
Qudra owns/licenses all right, title, and interest in and to its trademark, logos, brand elements, Platform and Services including all software, text, media and other content available thereon (Qudra’s Content). You may not copy, modify, reverse engineer or attempt to discover the source code of any of Qudra’s Content nor may you duplicate, copy or reuse any portion thereof without the express written consent of Qudra.
6.1 You are solely responsible for the use of the Platform and Services under your Account. Qudra’s aims to create a lively, constructive, vibrant and safe experience to its Users. To ensure achievement of our aim, and when accessing our Platform or Services, you are prohibited from undertaking any of the activities or conduct listed in Clause 6.2 to 6.3 (inclusive).
6.2 You are prohibited from using our Platform and Services to share content that (i) contains illegal content or promotes illegal activities with the intent to commit such activities; (ii) contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm; (iii) harasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed; (iv) violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner; or (v) spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
6.3 Further, you are prohibited to (i) do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties; (ii) share your password, let anyone access your account, or do anything that might put your account at risk; (iii) attempt to access any other user's account; (iv) reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so; (v) access, tamper with, or use non-public areas of our systems;(vi) break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks; (vii) try to reverse engineer any portion of our Services or interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing; (viii) use our Services to distribute malware; (ix) sending any contact information including e-mails, phone numbers, social media accounts, etc. through the Platform; or (x) encourage or help anyone do any of the things on this list.
YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE PLATFORM AND THE SERVICES IS AT YOUR OWN RISK. ACCESS TO THE PLATFORM AND SERVICES IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, CONSEQUENTLY, IN NO EVENT WILL QUDRA BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE ABILITY OR INABILITY TO USE OR ACCESS THE WEBSITE OR ANY SERVICES. QUDRA HEREBY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND THE SERVICES AND YOUR USE THEREOF. QUDRA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS PLATFORM’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED BY THIRD-PARTY OFFERINGS, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM AND SERVICES. QUDRA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY OFFERINGS, QUDRA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF ANY THIRD-PARTY OFFERINGS. IN THE EVENT OF ANY THIRD-PARTY OFFERING YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8.1 Qudra shall in no event be liable to you for any direct, indirect, incidental, consequential, punitive damages, however arising or resulting in relation to (i) any inaccuracies errors, mistakes of content in the Platform, Services or Deliverable; (ii) any unauthorized access to or use of our secure servers including any and all personal and/or financial information contained therein; and (iii) any interruption or cessation of transmission to or from our products and Services. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8.2 You hereby acknowledge and agree that Qudra shall not be liable for content or defamatory, offensive or illegal conduct of any third-party and that the risk of harm and damage arising therefrom shall rest with you.
8.3 To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Qudra from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Platform and Services; (ii) your violation of any term of these T&Cs; (iii) your violation of any third-party rights, including without limitation, any copyright, property, or privacy rights. This Clause will survive the termination of these T&Cs and your use of the Platform and/or Services.
Qudra reserves the right to terminate your Account and access of the Platform and the Services if Qudra finds, at its sole discretion, that you have breached the terms of these T&Cs or have used the Platform or the Services in an unacceptable manner.
The Vendor shall be solely responsible for compliance with applicable laws, regulations, rules and standards related to the Deliverable, Vendor Data and its obligations in relation with these T&Cs.
Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute any party the agent of another party, nor authorize any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
These T&Cs, and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the State of Kuwait and subject to the exclusive jurisdiction of Kuwaiti courts.
13.1 No waiver by Qudra of any breach by you of the T&Cs shall be considered as a waiver of any subsequent breach. A waiver of any term of these T&Cs shall be effective only if given in writing and signed by us. For the avoidance of doubt, electronic mail is an acceptable mean of expressing consent under these T&Cs. Any agreement transmitted via electronic mail shall be deemed received in writing.
13.2 If any provision or part-provision of this T&Cs is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these T&Cs.
You shall not assign any of the rights and/or obligations under these T&Cs to any third party without the prior written consent of Qudra. Qudra, however, reserves the right to assign these T&Cs to any of its affiliates.
Qudra’s Terms and Conditions with Users
1. Preface
1.1 Qudra is a platform owned and operated by Qudra Global (hereinafter us, we or Qudra). Qudra allows interaction and connectivity between any vendor offering a service through Qudra (hereinafter the Vendor(s)) and potential clients (You or the User(s)), where Vendor performs and/or renders certain deliverables and/or packages to Users (the Deliverable) (collectively, the Services).
1.2 These terms and conditions (T&Cs) govern your access and use of Qudra (the Platform) and any application, website, content, products, and services made available by Qudra
1.3 By accessing or using the Services, you confirm your agreement to be bound by the T&Cs. If you do not agree to the T&Cs, you may not access or use the Services. The T&Cs expressly supersede prior agreements or arrangements made with you (if any). Qudra may immediately terminate these T&Cs or any Services with you, or generally cease offering or deny access to the Services or any portion thereof.
1.4 BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OR EFFECT THEREOF.
1.5 Qudra may amend the T&Cs from time to time. Amendments will be effective upon Qudra's posting of such updated T&Cs at the Platform or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the T&Cs, as amended. If Qudra changes the T&Cs after the date you first agreed to the T&Cs (or to any subsequent changes to these T&Cs), you may reject any such change by providing us written notice of such rejection within thirty (30) days of the date such change became effective. This written notice must be provided by email, from the email address associated with your account to: contact@joinqudra.com In order to be effective, the notice must include your full name and clearly indicate your intent to reject such changes to the T&Cs.
1.6 Supplemental terms may apply to certain Services (Supplemental Terms). Supplemental Terms shall be deemed a part of the T&Cs for the purposes of the applicable Service(s). In the event of any conflict between the terms of the Supplemental Terms and the T&Cs, the Supplemental Terms shall prevail.
1.7 These T&Cs shall apply to the Users (you) accessing the Platform and the Services and shall govern the relationship directly between us and the Users, and indirectly between the Users and the Vendors.
2. Eligibility
2.1 You hereby confirm that you are eligible, as per applicable laws, to (i) access the Platform; (ii) request the Services, buy a package; (iii) accept the T&Cs; and (iv) make payment(s) for the desired Services.
2.2 In the event you are not eligible as depicted in the preceding Clause, your parent or legal guardian must agree to the T&Cs on your behalf and permit you to use the Platform and access the Services.
2.3 You are prohibited from creating an account for anyone other than yourself. Further, you hereby represent the accuracy and completeness of all information provided upon your registration and at all other times requested by us and will ensure you update us to maintain the accuracy and completeness thereof.
3. Services
3.1 Deliverables
3.1.1 Through the Platform, the Vendor offers their services and products which the User may browse and select. Users have the opportunity, via Qudra, to request certain services or deliverables from you (the Request).
3.1.2 Generally, Vendor will have the right to accept or decline such Request via chatting feature in the Platform. Alternatively, in case the Vendor is offering their services in a form of a package that would include all the services and deliverables in one Request; then the Request would be automatically accepted once the payment by the User is complete.
3.1.3 The Request shall include the following information:
3.1.3.1 Subject of the Request;
3.1.3.2 Duration to provide the Deliverable (that matches the Service or package provided by the Vendor)
3.1.3.3 Revisions allowed;
3.1.3.4 Fees; and
3.1.3.5 and any other information related to the service.
(Request Details).
3.1.4 Once Request is accepted (whether accepted by the Vendor via chatting features or by you purchasing a package directly from the services features(, you are obliged to settle full amount to start the workflow of the Request.
3.1.5 Once Request is accepted, you hereby authorize us to charge your payment account for the full amount of the price quoted for the Request (the Fees).
3.1.6 You hereby acknowledge and agree that that the Vendor is at liberty to select the manner it creates the Deliverable and is not under any obligation to render the Deliverable through a specific manner. For the avoidance of doubt, the Vendor will fulfill the Request in a manner accustomed to himself/herself without prejudicing or comprising User’s instructions as outlined in the Request.
3.1.7 User hereby understands that they may be operating and dealing with Vendors from different countries around the world. For the avoidance of doubt, the User shall, at all times, be responsible and liable to ensure that its use of the Platform, and Request submitted is in compliance with applicable laws.
3.2 Advertisements.
Some of the Services or content displayed on our Platform is supported by advertising proceeds and may display advertisements and promotions, and you hereby agree that Qudra may place such advertising and promotions on the Services or on, about, or in conjunction with any requested Deliverables. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You hereby acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
3.3 Vendor Information.
When you request services and products on the Platform, you hereby acknowledge that Vendor’s details, portfolio, qualifications and information is supplemented by the Vendor (Vendor Information). Qudra hereby releases its liability from (i) the validity of Vendor Information as may be displayed on the Platform; (ii) the accuracy, completeness and correctness thereof; (iii) the quality of the services or Deliverables rendered by the Vendor; (iv) any errors in such Vendor Information. In this regard, each Vendor is solely responsible, at all times, for the accuracy, completeness and correctness of their information and data, as displayed on the Platform.
3.4 User may only communicate with the Vendor through the chat feature provided in the Platform. Any communication conducted with the Vendor outside the Platform shall deem the User in breach to these T&Cs. Qudra will not be responsible for for any action taken related to this event.
3.5 Reviews
3.5.1 You may have the opportunity via the Platform to post reviews and/or comments on your experience with the Services, use of Platform or the Deliverables produced by the respective Vendor (the Reviews).
3.5.2 You hereby undertake and confirm that any Review submitted by you will not reasonably be deemed illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.
4. Fees and Methods of Payment
4.1 User is required to make any payment of the Fees due to the Vendor through the Platform. Any payment made through other means will not discharge User’s obligation to make payment for Deliverables requested and delivered through the Platform, and Qudra hereby releases its liability for any payment made by the User outside the Platform.
4.2 You hereby agree and authorize Qudra to make payments and charges in any currency against your account for any Services or Deliverables requested by, and provided to, you by Qudra or the Vendor. For the avoidance of doubt, Qudra will not be liable for any currency exchange rates, banking charges or fees resulting directly or indirectly from any debits or charges made to your account.
5. Licenses
5.1 Once you have successfully paid for the Deliverable(s), you will hold a non-exclusive and international license to use the Deliverable(s) for your own personal purposes.
5.2 You hereby grant Qudra a non-exclusive, transferable, royalty-free, fully paid, unlimited, international, sub-licensable, irrevocable and perpetual license in any and all forms to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works and otherwise use the Deliverable(s) for the purposes of operating the Platform, Qudra and/or the Services. Further, Qudra may utilize such license to develop, improve, advertise, market, and promote the Platform, our products, and Services.
6. Acceptable Use and Restrictions
6.1 You are solely responsible for the use of the Platform and Services under your Account. Qudra’s aims to create a lively, constructive, vibrant and safe experience to its Users. To ensure achievement of our aim, and when accessing our Platform or Services, you are prohibited from undertaking any of the activities or conduct listed in Clause 6.2 to 6.3 (inclusive).
6.2 You are prohibited from using our Platform and Services to share and/or request content that (i) contains illegal content or promotes illegal activities with the intent to commit such activities; (ii) contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm; (iii) harasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed; (iv) violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
6.3 Further, you are prohibited to (i) do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties; (ii) share your password, let anyone access your account, or do anything that might put your account at risk; (iii) attempt to access any other user's account; (iv) reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so; (v) access, tamper with, or use non-public areas of our systems; (vi) break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks; (vii) try to reverse engineer any portion of our Services or interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing; (viii) use our Services to distribute malware; (ix) sending any contact information including e-mails, phone numbers, social media accounts, etc. through the Platform; or (x) encourage or help anyone do any of the things on this Clause.
7. Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE PLATFORM AND THE SERVICES IS AT YOUR OWN RISK. ACCESS TO THE PLATFORM AND SERVICES IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, CONSEQUENTLY, IN NO EVENT WILL QUDRA BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE ABILITY OR INABILITY TO USE OR ACCESS THE WEBSITE OR ANY SERVICES. QUDRA HEREBY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND THE SERVICES AND YOUR USE THEREOF. QUDRA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS PLATFORM’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED BY THIRD-PARTY OFFERINGS, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM AND SERVICES. QUDRA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY OFFERINGS, QUDRA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF ANY THIRD-PARTY OFFERINGS. IN THE EVENT OF ANY THIRD-PARTY OFFERING YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Liability and Indemnification
8.1 Qudra shall in no event be liable to you for any direct, indirect, incidental, consequential, punitive damages, however arising or resulting in relation to (i) any inaccuracies errors, mistakes of content in the Platform, Services or Deliverables; (iii) any unauthorized access to or use of our secure servers including any and all personal and/or financial information contained therein; or (iv) any interruption or cessation of transmission to or from our products and Services. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8.2 You hereby acknowledge and agree that Qudra shall not be liable for content that is defamatory, offensive or illegal conduct of any third-party and that the risk of harm and damage arising therefrom shall rest with you.
8.3 To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Qudra from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Platform and Services; (ii) your violation of any term of these T&Cs; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right. This Clause will survive the termination of these T&Cs and your use of the Platform and Services.
9. Governing Law and Jurisdiction
These T&Cs, and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of the State of Kuwait and subject to the exclusive jurisdiction of Kuwaiti courts.
10. Miscellaneous
10.1 No waiver by Qudra of any breach by you of the T&Cs shall be considered as a waiver of any subsequent breach. A waiver of any term of these T&Cs shall be effective only if given in writing and signed by us. For the avoidance of doubt, electronic mail is an acceptable mean of expressing consent under these T&Cs. Any agreement transmitted via electronic mail shall be deemed received in writing.
10.2 If any provision or part-provision of these T&Cs is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these T&Cs.
10.3 You shall not assign any of the rights and/or obligations under this T&Cs to any third party without the prior written consent of Qudra. Qudra, however, reserve the right to assign these T&Cs to any of its affiliates.