TERMS AND CONDITIONS:
1. Agreement to Terms:
By accessing or utilizing the services (“Service”) offered by SWbac, you (“You” or “User”) hereby agree to be legally bound by these Terms and Conditions (“Terms”). Non-acceptance of any part of these Terms prohibits you from using the Service.
2. Lawful Use of Products:
All products (“Products”) purchased from SWbac shall only be used for lawful purposes. The User is solely responsible for complying with all applicable laws in the use of the Products. SWbac expressly disclaims liability for any misuse of the Products.
3. Contractual Capacity:
By placing an Order for Goods through the Service, the User represents and warrants that they are of legal age and capacity to enter into binding contracts under applicable law.
4. Order Cancellation and Fraud Prevention:
SWbac reserves the unilateral right to refuse or cancel any order for Goods. This includes, but is not limited to, instances of suspected fraud, unauthorized transactions, or other violations of the Terms. The User acknowledges that certain circumstances, such as limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or findings by our fraud avoidance department, may necessitate order cancellation.
5. Refund Policy:
Refund timings and modalities are contingent upon the method of payment:
- For payments via K-NET: Refund via bank transfer within 10 business days.
- For payments via Visa/MasterCard: Refund via bank transfer within 15 business days.
- For cash payments: Cash refund within 7 working days.
6. Promotion Rules:
Promotional activities (“Promotions”) may be governed by rules distinct from these Terms. Participation in any Promotions necessitates compliance with such rules as well as the SWbac Privacy Policy.
7. Account Responsibility:
The User is responsible for maintaining the confidentiality of their account information and password. The User agrees to provide current, complete, and accurate account information for all purchases made at our store.
8. Intellectual Property Rights in Feedback:
Any feedback, comments, ideas, improvements, or suggestions (collectively, “Feedback”) provided by the User to SWbac becomes the sole and exclusive property of SWbac. SWbac shall be free to use, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without any credit or any compensation to the User.
9. Links to Third-Party Websites:
SWbac’s Service may contain links to third-party websites or services that are not owned or controlled by SWbac. SWbac assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.
10. Exclusion of Liability:
In no event shall SWbac or its suppliers be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not SWbac has been informed of the possibility of such damage.
11. Governing Law and Jurisdiction:
These Terms shall be governed and construed in accordance with the laws of Kuwait, without regard to its conflict of law provisions.
12. Dispute Resolution:
The User agrees to first attempt to resolve any dispute or claim relating to these Terms or the Service in an informal negotiation. If such dispute is not resolved informally, the User agrees to submit to the exclusive jurisdiction of the courts located in Kuwait.
13. Severability and Waiver:
Should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will remain in full force and effect. The failure of SWbac to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
14. Amendments to Terms:
SWbac reserves the right, at its sole discretion, to modify or replace these Terms at any time. By continuing to access or use the Service after those revisions become effective, the User agrees to be bound by the revised Terms.