Terms and Conditions
Last updated: December 05, 2022
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named Fohgah
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Kuwait
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Fohgah Co. For Computing Integrated , Watanya Building, Street 1, Kuwait City, Kuwait .
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Application.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the TermsFeed Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
The FOHGAH Platform offers an online venue that:
Members are users who are able to publish, offer, search for, and/or book services.
Hosts are Members who are able to publish and offer services.
Guests are Members who search for and/or book services.
Services are all offerings by the Host.
Experiences are Services that only include activities and/or events that hosts offer.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
As the provider of the FOHGAH Platform, FOHGAH does not:
• own
• control
• offer
• manage
any Experiences. FOHGAH is not a party to the contracts entered into directly between Hosts and Guests. FOHGAH is not acting as an agent in any capacity for any Member, except as specified within this document.
If you are a Host, you are responsible for understanding and complying with all:
• laws
• rules
• regulations
• terms
• conditions
• contracts
• agreements
with third parties that apply to your Services.
Guest Terms
1. Our Mission.
Our mission is changing how communities experience experiences. We aim to lead a world that is driven by human interactions.
2. Searching and Booking on FOHGAH.
2.1 Searching. You can search for Host Services by using criteria like the type of experience service, experience dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous bookings and saved services, host requirements (e.g. minimum or maximum number of guests), and more.
2.2 Booking. When you book an Experience, you are agreeing to pay all charges for your booking, including the Experience price, applicable fees like extras, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that FOHGAH via Upyaments may charge the Payment Method used to book the Experience in order to collect Damage Claim amounts. When you receive the booking confirmation, a contract for Services (a "Reservation") is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Experience or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking an Experience. Be aware that some Hosts work with a co-host or as part of a team to provide their Services.
2.3 Experience Reservations. An Experience Reservation is a limited license to enter, occupy, and use the Experience. The Host retains the right to re-enter the Experience during your usage, to the extent:
· it is reasonably necessary
· permitted by your contract with the Host
· consistent with applicable law.
If you stay past the allocated time, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.
2.4 Reservations for Experiences and Other Host Services. An Experience or other Service Reservation entitles you to participate in, attend, or use that Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Service(s). Except where expressly authorized, you may not allow any person to join a Service, unless they are included as an additional guest during the booking process.
3. Cancellations, Travel Issues, Refunds and Booking Modifications.
3.1 Cancellations, Travel Issues, and Refunds. In general, if as a Guest you cancel a Reservation, the amount refunded to you is determined by the cancellation policy that applies to that Reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Reservation, you may be eligible for a partial or full refund under. If the Host cancels, or you experience a Travel Issue, you may be eligible for rebooking assistance or a partial or full refund under the Guest Refund Policy.
4.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Experience and other Service. For example, this means:
(i) you are responsible for leaving an Experience (and related personal property) in the condition it was in when you arrived
(ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to an Experience
(iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
Parts of the FOHGAH Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant FOHGAH a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where FOHGAH pays for the creation of Content or facilitates its creation, FOHGAH may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant FOHGAH the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that FOHGAH may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. FOHGAH does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
FOHGAH may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the FOHGAH Platform. Except as otherwise provided on the FOHGAH Platform, service fees are non-refundable. FOHGAH reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change.
• Act with integrity and treat others with respect
◦ Do not lie, misrepresent something or someone, or pretend to be someone else.
◦ Be polite and respectful when you communicate or interact with others.
◦ Follow our Nondiscrimination Policy and do not discriminate against or harass others.
• Do not scrape, hack, reverse engineer, compromise or impair the FOHGAH Platform
◦ Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the FOHGAH Platform.
◦ Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the FOHGAH Platform or Content.
◦ Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the FOHGAH Platform.
◦ Do not take any action that could damage or adversely affect the performance or proper functioning of the FOHGAH Platform.
• Only use the FOHGAH Platform as authorized by these Terms or another agreement with us
◦ You may only use another Member’s personal information as necessary to facilitate a transaction using the FOHGAH Platform as authorized by these Terms.
◦ Do not use the FOHGAH Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.
◦ You may use Content made available through the FOHGAH Platform solely as necessary to enable your use of the FOHGAH Platform as a Guest or Host.
◦ Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
◦ Do not request, make, or accept a booking or any payment outside of the FOHGAH Platform to avoid paying fees, taxes or for any other reason.
◦ Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a Reservation, unless authorized by FOHGAH.
◦ Do not engage in any practices that are intended to manipulate our search algorithm.
◦ Do not book Host Services unless you are actually using the Host Services.
◦ Do not use, copy, display, mirror or frame the FOHGAH Platform, any Content, any FOHGAH branding, or any page layout or design without our consent.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
· By email: [email protected]