Gulf Kiddy Cars Agreement & Terms of Service
Last updated: December 2025
Email: support@gulfkiddycars.com
Website: https://gulfkiddycars.com/
PLEASE READ EACH PROVISION OF THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES (DEFINED BELOW), INCLUDING IN RELATION TO FEES, LIMITATIONS OF LIABILITY AND ASSUMPTION OF RISK. THE USE OF OUR SERVICES IS SUBJECT TO YOUR PRIOR EXPRESS ACCEPTANCE OF THIS AGREEMENT. IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT AND YOUR RIGHTS UNDER IT YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE.
This User Agreement & Terms of Service (collectively, this “Agreement”) is a legally binding agreement between you (“You,” “Your,” or “User”) and Gulf Kiddy Cars [insert full legal name and registration details of the Kuwait entity] (“Gulf Kiddy Cars,” “We,” “Us,” or “Our”). We are a company established in the State of Kuwait.
This Agreement states the terms and conditions that govern Your use of Our services (as described below).
Our services (“Services”) that We offer under this Agreement are comprised of the following:
- Rental of Our kids’ cars and, where available, strollers and similar children’s rental equipment (“Products”);
- All other related equipment, maintenance, charging or powering of the Products, personnel, mobile applications, other software and information provided or made available by Us; and
- Use of Our website “(our ‘Website’)”, Our mobile application (the “App”) and any interactive features, and/or other services that We make available and that post a link to this Agreement.
This Agreement, together with all updates, supplements, additional terms, and all of Our rules and policies collectively constitute this “Agreement” between You and Us.
We agree to allow You to rent the Products, subject to the terms and conditions set forth herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in Kuwaiti Dinar (KWD).
In some instances, both this Agreement and separate guidelines, rules, or terms of use, setting forth additional or different terms and/or conditions will apply to Your use of the Services (in each such instance, and collectively, “Additional Terms”). Such Additional Terms will be provided to You for Your express acceptance. To the extent there is a conflict between this Agreement and any Additional Terms, this Agreement will prevail unless the Additional Terms expressly state otherwise.
Please read these Additional Terms carefully.
1. RENTAL AND USE OF PRODUCTS
1.1 You are the Sole User of the Services
You certify and expressly agree that You are the sole renter and You are responsible for compliance with all terms and conditions contained in this Agreement. You understand that when You activate a Product, the Product must be used ONLY BY YOU unless the App or any applicable Additional Terms expressly allow You to unlock a Product for use by a child under Your supervision. You must not allow others to use a Product that You have activated except as expressly permitted in the App or Additional Terms.
1.2 Minimum Age to Use the Services
You represent and certify that You are at least 18 years old and acknowledge the operation or use of any Products by any minor is expressly prohibited, subject to the following:
1.2.1 Notwithstanding section 1.2 above, if You are using the Services in a location where Gulf Kiddy Cars local rules and regulations (as stated in the App) permit persons aged 16 years or older but under the age of majority under the laws that apply to them to use the Services, You represent and certify to Us that You are at least 16 years old and have the legal capacity to assume your obligations under this Agreement, and acknowledge that any use of the Services by any person under 16 years old is strictly prohibited.
1.2.2 If you are 16 years or older but under the age of majority under the laws that apply to you, then, in order to use the Services in a location where Gulf Kiddy Cars local rules and regulations permit this:
1.2.2.1 You certify that you fully comprehend the nature of the Services and the inherent risks in using the Services (see section 5.4);
1.2.2.2 You certify that you have consent from your parent or legal guardian to enter into this Agreement;
1.2.2.3 Your parent or legal guardian must review this Agreement, and you must obtain your parent’s or legal guardian’s acceptance of this Agreement and their agreement to be your guarantor by taking responsibility for your actions, any charges associated with your use of the Services and your acceptance of this Agreement; and
1.2.2.4 You must not access or use, and you must immediately stop accessing and using, the Services if you do not have consent from your parent or legal guardian as set out above.
1.2.3 If you are a parent or legal guardian of a person who uses the Services and is 16 years or older but under the age of majority under the laws that apply to them, and you allow them to use the Services, then this Agreement applies to you and you are responsible for their activity on the Services.
1.3 You are a Competent Operator
You represent and certify that You are familiar with the operation of the Product, and You are reasonably competent and physically fit to use the Product. By choosing to use a Product, You assume all responsibilities and risks for any injuries and/or medical conditions, as detailed further below. You are responsible for determining whether conditions, including heat, rain, sand, dust, poor surfaces and/or any other conditions, including the condition or state of infrastructure on which the Product is used, make it dangerous to operate a Product. You are advised to adjust Your usage behaviour to suit all conditions and variables, including weather, crowds and foot traffic. You may be required to undergo an assessment by Us as to whether You are competent to safely use the Product.
1.4 Products are the Exclusive Property of Gulf Kiddy Cars
You agree that the Products, and any Gulf Kiddy Cars equipment attached thereto, at all times, remain the exclusive property of Gulf Kiddy Cars. You must not dismantle, write on, or otherwise modify, repair or deface any Products, or any part of any of the Products, or any other Gulf Kiddy Cars equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on the Products in any way. You must not use any Products for any advertising or commercial purpose without Our prior written consent.
1.5 Only Use Products Where Allowed
You expressly agree that You will only use the Products in areas where the Products are allowed. You agree that You will not use any Products in any restricted areas (such as locations that prohibit certain Products), and You assume all responsibility and liability for any operation of any Product in any restricted area, including any fines or fees as a result of Your use of any of the Products in any restricted areas. Please carefully review any applicable Additional Terms which identify the relevant restrictions in the area where You are using the Product.
You recognise that your use of the Product in a restricted area could cause reputational damage to Gulf Kiddy Cars and administrative inconvenience, and Gulf Kiddy Cars reserves the right to charge you a fee of up to KWD 400 as a result of your use of any of the Products in any restricted areas.
If You leave the Products outside of the authorised area, this could also cause reputational damage to Gulf Kiddy Cars and administrative inconvenience, and Gulf Kiddy Cars may be required to retrieve the Product. Gulf Kiddy Cars reserves the right in these circumstances to charge you a retrieval fee of up to KWD 1,000, at Gulf Kiddy Cars’ sole and absolute discretion.
1.6 Compliance with Laws
You agree to follow all laws, rules, regulations, and/or ordinances pertaining to the use and/or operation of the Products, including those pertaining to the Products in the area where You are operating the Products, including, without limitation, any rules about use in malls, shopping centres, car parks and other private or public areas.
You are solely responsible and liable for any violation of any laws, rules, regulations, and/or ordinances while using the Services, including improper use and/or parking, and you agree that you are solely responsible and liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, legal fees, judgments, fees (including impounding fees charged by any authority or operator) and/or disbursements of any kind or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, as a result of your use of any of the Services.
1.7 Payment of Fines and Fees
You agree to pay any fines, fees, penalties, impounding charges, and/or any other charges incurred by either You or Gulf Kiddy Cars that result from You parking any Product improperly, or as a result of You violating any law, by-law, rule, regulation, and/or ordinance while using the Services. You further agree that, to the extent permitted by law, We may, in Our sole discretion, pay on Your behalf all fines, fees, penalties, impounding charges, and/or any other charges incurred directly to the appropriate authority, and You will pay us for what we paid to the appropriate authority or their designated agent(s) plus a reasonable administrative fee. You authorise Us to bill You directly for these amounts to the payment method You used to rent the Product. You agree and acknowledge that, to the extent permitted by law, We may co-operate with governmental, municipal, regulatory and local authorities charged with enforcing infractions to provide any information necessary as they may request or may otherwise be required.
1.8 Prohibited Acts
You expressly certify and agree that you will not:
1.8.1 Operate any Product in violation of any laws, rules, regulations, and/or ordinances, including any and all rules pertaining to using any Products in malls, on pavements, in car parks and/or parking Products;
1.8.2 Operate any Product while carrying any briefcase, backpack, bag, or other item if it impedes Your ability to operate safely the Product or supervise a child using the Product;
1.8.3 Use any cellular telephone, text messaging device, portable music player, and/or any other device that may distract You from safely operating any Product or supervising its use by a child;
1.8.4 Operate any Product while under the influence of any alcohol, drugs, medication, and/or any other substance that may impair Your ability to safely operate or supervise the Product;
1.8.5 Carry any unauthorised person on any of the Products;
1.8.6 Use locking mechanisms other than those provided by Gulf Kiddy Cars;
1.8.7 Park any Product in a manner that does not strictly comply with all applicable laws, rules, and/or regulations. You expressly agree that You are responsible for becoming familiar with any and all applicable laws, rules, and/or regulations in the location that You are operating any Product;
1.8.8 Park or place any Product in a manner that prevents Gulf Kiddy Cars from accessing it. In these circumstances Gulf Kiddy Cars could lose rental charges and will be inconvenienced. If You violate this Section, Gulf Kiddy Cars may charge You an amount for the loss to Gulf Kiddy Cars incurred from Gulf Kiddy Cars being unable to access the Product and rent such Product to other Users, up to a maximum of KWD 1,000, in Our sole and absolute discretion.
1.9 Products are Intended for Limited Types of Use
You agree that You will not use any Product for racing, stunts, trick riding or any use which is inconsistent with safe and careful use of a kids’ rental vehicle or stroller. You agree that You will not operate and/or use any Products on unpaved, steep, uneven, damaged or otherwise unsafe surfaces, through water (beyond normal cleaning or very shallow water), or in any location that is prohibited, illegal and/or a nuisance to others. You agree that You will not use any Products for hire or reward, nor use any Products in violation of any law, rule, regulation, and/or ordinance.
1.10 Weight and Cargo Limits
You must not exceed the maximum weight limit for any Products (60 kg) or the cargo carrier/basket on any Products (40 kg), and You must not otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or riding impediment. You acknowledge that the front carrier/basket and/or back basket of any Product is intended for light goods only, and that You will not carry people or animals anywhere on any Product except as clearly indicated as safe and intended in the Product’s design (for example, a seat specifically designed for a child).
1.11 No Tampering
You must not tamper with, attempt to gain unauthorised access to, or otherwise use any Services in a manner that does not comply with this Agreement.
1.12 Reporting of Damage or Incidents
You must report any accident, incident, damage, personal injury, stolen or lost Product to Gulf Kiddy Cars as soon as possible. If an incident involves personal injury, property damage, or a stolen Product, You shall file a report with the local police or other competent authority within 24 hours, where required by law.
1.13 You are Responsible for Product Damage
You agree to return any Product to Gulf Kiddy Cars in the same condition in which such Product was rented, fair wear and tear excepted. You agree that You will be responsible for the cost of repairing and/or replacing any Product that You damage and/or cause damage to. If You vandalise any Product, You shall be liable for the cost of all repairs up to a maximum of KWD 1,000 for each Product, in Gulf Kiddy Cars’ sole and absolute discretion.
1.14 Availability and Usage of Products
You agree and acknowledge that Products may not be available at all times. Products may require periodic maintenance, charging or battery changes in order to operate. You agree to use and operate Products safely and prudently and comply with all restrictions and requirements associated with Products, as set forth in any applicable laws, rules, regulations, and/or ordinances. You understand and agree to the following:
1.14.1 The level of power or battery charge remaining in the Product will decrease with use of the Product (over both time and use), and that as the level of charge power decreases, the operational capabilities of the Product may decrease (or cease in their entirety).
1.14.2 The level of power in the Product at the time You initiate the rental or operation of Product is not guaranteed and will vary with each rental use.
1.14.3 The rate of loss of power during the use of the Product is not guaranteed and will vary based on the Product and/or other factors.
1.14.4 Gulf Kiddy Cars does not guarantee that You may operate any Product for any minimum time or distance before it loses power completely. The Product may run out of power and cease to operate at any time during Your rental of the Product, including before returning and locking the Product.
2. SAFETY
2.1 Safety Check
Before each use of the Product, You shall conduct a basic safety inspection of the Product, which includes inspecting the wheels, steering, brakes (if applicable), proper attachment of any seat, the condition of the frame, signs of damages, unusual or excessive wear, or other observable mechanical problem or maintenance need. You agree not to rent or use the Product if there are any noticeable issues foregoing or otherwise, and to immediately notify customer service to alert Gulf Kiddy Cars of any problems.
2.1.1 If at any time, whether prior to, during, or after renting any Product, You discover any defect or notice any other potentially unsafe condition on any Product, no matter how slight, You must not use the Product, or, if You are already using the Product, You must immediately stop and return and lock the Product.
2.1.2 You agree to immediately report the defect or condition to Gulf Kiddy Cars.
2.2 Lost or Stolen Products
If a Product is not returned within 12 consecutive hours, then the Product may be deemed lost or stolen, in Gulf Kiddy Cars’ sole and absolute discretion, and a police report may be filed against You with the relevant authorities. The data generated by the Services’ computer systems is conclusive evidence of the period of use of the Products by You. You must report any disappearance or theft of any Product to Gulf Kiddy Cars immediately or as soon as possible.
2.3 Additional Safety Measures
You expressly acknowledge and agree that You may need to take additional safety measures or precautions not specifically addressed in this Agreement, and You expressly acknowledge and agree that determining whether You must do so is Your sole responsibility, not Gulf Kiddy Cars’ responsibility.
2.4 Routes and Locations
You agree that Gulf Kiddy Cars does not provide or maintain places to use the Products, and that Gulf Kiddy Cars does not guarantee that there will always be a safe place to use any particular Product. Locations or other infrastructure may become dangerous due to weather, crowds, traffic, surface condition and/or other hazards outside of Gulf Kiddy Cars’ control. Gulf Kiddy Cars shall not be liable for any of the foregoing, without limitation. You are solely responsible for choosing a responsible and safe route or location for use, remaining aware of Your surroundings, and You accept that hazards and obstacles may be encountered during Your use of the Product. You must obey all laws at all times in choosing where and how to use the Product, and it is Your sole responsibility to be familiar with the applicable laws, by-laws, rules, regulations, and/or ordinances of the jurisdiction in which You are using the Services and/or Products.
2.5 Limitations on Rental
You agree that Gulf Kiddy Cars is not a common carrier. Alternative means of transportation or entertainment are available to the general public and to You individually. Gulf Kiddy Cars provides the Services and Products only as a convenience and recreational service, and such rental availability is intended to be used only by those persons who are able and qualified to operate the Products on their own or safely supervise a child using them, and who have agreed to all terms and conditions of this Agreement.
3. PAYMENT AND FEES
3.1 Fees
You may use the Products on a pay-per-use basis or as otherwise in accordance with the pricing described in the App. Once you have registered and set up an account with us, Products may be used by selecting the payment method you wish to use and then following the prompts that will appear on-screen. You may check and correct any input errors in your payment up until the point at which you submit your payment to us by clicking the relevant button (for example, “Pay”) or otherwise agreeing to an obligation to pay for the Products or subscription.
Charges may include any applicable taxes, duties or governmental charges that apply to the supply of the Services in the relevant jurisdiction, if any, and will be shown in the App or on your receipt where required by law.
Gulf Kiddy Cars will charge Your credit card, debit card or other agreed payment method (collectively, Your “Payment Method”) the amount of the fees as described in this Agreement and/or in the App. After you have paid for the Products or subscription, you may receive an order confirmation from us by email or within the App, when the contract between you and us will be formed (“Confirmation”).
3.2 Promo Codes
Promo codes (“Discounts”) are offers that can only be redeemed via the App and are subject to any conditions stated in the App or at the time of issue. Gulf Kiddy Cars reserves the right to modify or cancel Discounts at any time. Discounts may be limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.
3.3 Maximum Rental Time and Charges
Maximum rental time is 24 hours, unless stated otherwise in the App for a specific Product or location. You agree that You will deactivate the Product rental within 24 hours of the time that rental of the Product began. You may then rent again. You agree that You are solely responsible for being aware of any elapsed time related to timely locking any Product.
The maximum charge per Product and per 24-hour period will be set out in the App. After return of the Product, You will be charged the accumulated rental charges, or the maximum 24-hour charge, whichever is less.
Products not returned (locked) within 48 hours may be considered lost or stolen, and You may be charged up to the replacement cost per Product, as stated in the App, and a police report may be filed against You. We may also charge a reasonable service fee reflecting the administrative inconvenience to Us, in Our sole discretion, to cover our costs and wasted time, for rentals in excess of 24 hours where the Product is not considered lost or stolen.
3.4 Valid Payment Method
You must input a valid Payment Method before You will be registered to use the Services. You confirm that you are authorised to use any Payment Method you provide to us. You authorise Gulf Kiddy Cars to charge the Payment Method for all fees incurred by You. If You dispute any charge on Your account, then You must contact Gulf Kiddy Cars as soon as reasonably practicable, and in any event within the timeframe specified in the App or on your invoice, and provide Gulf Kiddy Cars all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times. You agree to immediately inform Gulf Kiddy Cars of all changes relating to Your Payment Method.
3.5 Pick-Up Fees
If You are unable to return and lock any Product to a valid area (for example, You leave a Product on private property, in a restricted access area, and/or any other unreachable area), and request that the Product be picked up by Gulf Kiddy Cars, then We, in Our sole and absolute discretion, may charge You a pick-up fee, as stated in the App, reflecting the inconvenience and cost to Us of retrieving the Product in these circumstances.
If any Product accessed under Your account is abandoned without notice, You will be responsible for all fees until the Product is recovered and locked, plus a service charge up to the amount stated in the App, reflecting the cost to Us to recover the Product. Fees are subject to change in Gulf Kiddy Cars’ sole and absolute discretion; however changes to any such amounts will be notified to you beforehand where required by law and, if there are increases for subscription services, You will then have the right to terminate this Agreement or cancel the subscription, as described in Section 4.
4. TERMS APPLICABLE TO SUBSCRIPTIONS AND AUTORENEWALS
4.1. Generally
Prior to the purchase and/or rental of any Products or Services, You must provide us with a valid payment method and associated payment information including all of the following:
- Your name as it appears on the payment method,
- the payment method number or identifier,
- the type of payment method,
- the date of expiration (if applicable), and
- any activation numbers or security codes needed to charge Your payment method.
By submitting that information to us or our third party payment processor, You agree that You authorise us and/or our processor to charge Your payment method at our convenience but within thirty (30) days of authorisation. For any Product subscription that You order on the Services, You agree to pay the price applicable (including any applicable taxes and surcharges) as of the time You submit the subscription. Gulf Kiddy Cars will automatically bill Your payment method submitted as part of the subscription process for such subscription price.
We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in this Agreement will be disclosed at Your sign-up or in other communications made available to You for Your acceptance.
4.2. Subscription Term & Termination
Except in the event of a free trial offer, Your subscription will commence as of the date Your payment for a subscription is received by Gulf Kiddy Cars. Your subscription will continue in full force for the length of the subscription term You specifically purchased or on a month-to-month term and will automatically renew until such time as You cancel the subscription (the “Subscription Term”).
By providing Your payment method information for Your subscription, You are agreeing to pay a subscription fee (and any applicable taxes and service fees) (collectively, “Fees”), that will automatically renew, at the then current rate, unless You cancel prior to the expiration of the current Subscription Term. The Fees will be charged to Your original payment method automatically at the beginning of Your Subscription Term, and at the beginning of each renewal Subscription Term thereafter on the calendar day corresponding to the commencement of Your current Subscription Term, unless You cancel Your subscription, or Your account is suspended or terminated pursuant to this Agreement.
In the event that You cancel a subscription in the middle of Your Subscription Term, You will not be entitled to receive a refund for the unused portion of the remainder of that Subscription Term, unless we are required to provide a refund under applicable law or as otherwise stated in the App or Additional Terms.
4.3. Changes to Subscription Fees
Gulf Kiddy Cars reserves the right to change the pricing of subscriptions at any time, subject to notifying You with sufficient prior notice where required by law. In the event of a price change, Gulf Kiddy Cars will post the new pricing on the Services and notify You in advance by sending an email to the address You have registered for Your account or by in-App notification.
You consent to our ability to change our pricing and the details of our subscription packages through an electronic communication to You. If You do not wish to accept a price or subscription package change made by us, You may cancel Your subscription before the changes come into effect as described below, in which case we will give You a pro-rated refund of the advance charges already paid by You, based on the unexpired portion of the then-current subscription period, where required by applicable law. If you do not cancel Your subscription, You will be deemed to have consented to the price/subscription package change and authorise Gulf Kiddy Cars to charge the new Fees to Your payment method.
4.4. Cancellation of Subscription Membership
You have the right to cancel Your subscription membership at any time upon notice to Gulf Kiddy Cars.
To cancel Your subscription membership: open Your wallet or membership section in the Gulf Kiddy Cars App, click on the relevant subscription management option (for example, “Manage”), then select “Cancel Membership” or any similar option indicated in the App. There are no refunds or credits for partial months, except where we are required to provide a refund under applicable law or as otherwise stated in the App or Additional Terms.
Cancellation of initial membership any time after purchase will result in forfeiture of the membership fee already paid, unless otherwise required by law or expressly stated in the App or Additional Terms.
To avoid a late cancellation fee or forfeiture of the membership renewal fee (where applicable), membership should be cancelled prior to the end of the then-current Subscription Term. Upon cancellation, You will lose access to the areas of the Services designated for subscription members only. This could include any credit and other data and analyses that have been displayed during Your subscription membership. Do not assume that a cancellation or change of an order You have placed with Gulf Kiddy Cars has been effected until You receive a confirmation from Gulf Kiddy Cars via email, SMS or the Services.
4.5. Cancellation by Us
Gulf Kiddy Cars will have the right, upon reasonable notice to You where practicable, to terminate this Agreement, and suspend Your access to the subscription, if:
(a) You fail to pay Gulf Kiddy Cars any amount due under this Agreement; and/or
(b) You materially breach any term or condition of this Agreement.
Gulf Kiddy Cars shall also have the right to terminate this Agreement and suspend Your access to the subscription with or without cause, upon thirty (30) days’ written or electronic notice to You, in which case You will no longer be charged for access to the subscription from the effective date of termination.
Upon the expiration or termination of this Agreement for any reason, Your access to, and use of, the subscription will terminate.
You agree that, if We cancel your rental of Products and/or your subscription, Your sole and exclusive remedy (to the extent permitted by law) is either that: (a) We will issue a credit to Your payment method in the amount charged for the fees you have already paid in connection with the Products or subscription but which you have not been able to use (if your payment method has already been charged); or (b) We will not charge Your payment method for any such unused fees.
4.6. Free Trials / Promotional Offerings
We may offer promotional trial subscriptions to access the Services for free for a limited time or at special discounted prices. If You sign up for a trial use, Your rights to use the Services are limited by the terms of such trial and will terminate or renew on the terms of Your trial arrangement and/or any applicable Additional Terms.
Please be aware that when You sign up for a free trial, You may be required to provide Your payment method details and Gulf Kiddy Cars may confirm Your payment method is valid. When We process Your payment method, some providers may place a temporary hold on Your account for Your first payment. Please contact Your payment method provider if You have questions. We do not provide price protection or refunds in the event of a price drop or other promotional offering.
4.7. Modifications to Prices or Billing Terms
The purchase and/or rental of Products and/or Services is subject to availability. Products and Services displayed may not be available at all times in the area where you are located and may be substituted with a service of at least the same quality or discontinued at any time. Gulf Kiddy Cars reserves the right, at any time, to change its prices and billing methods for services, subject to your cancellation rights set out in section 4.3 and any requirements of applicable law.
4.8. Account Registration and Security
You understand that You will need to create an account to have access to the Services. You will: (a) provide true, accurate, current and complete information about You as prompted by the Services’ registration or subscription page (such information being the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If You provide any information that is untrue, inaccurate, not current or incomplete, or Gulf Kiddy Cars has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gulf Kiddy Cars has the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof).
You are entirely responsible for the security and confidentiality of Your password and account. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You will not share Your account information or Your user name and password with any third party or permit any third party to log on to the Services using Your account information. You agree to immediately notify us of any unauthorised use of Your account or any other breach of security of which You become aware.
You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services. Please note that anyone able to provide Your personally identifiable information will be able to access Your account, so You should take reasonable steps to protect this information.
5. LIMITED LIABILITY OF GULF KIDDY CARS; RISK WARNING; ASSUMPTION OF RISK BY YOU AND WAIVER
[CRITICAL: This section must be reviewed and, if necessary, modified by Kuwaiti counsel. Some jurisdictions restrict or prohibit exclusion of liability for personal injury, death or gross negligence.]
5.1 Liability Not Excluded by Law
Nothing in this Agreement is intended to limit or exclude Our liability to You where such liability cannot be limited or excluded under applicable law.
5.2 Cap on Liability
To the extent permitted by law, Our aggregate liability to You under or in connection with this Agreement must not exceed the net amount actually paid by You to Us under this Agreement during the 12-month period immediately preceding the event giving rise to the claim.
5.3 Indirect Loss
To the extent permitted by law, We shall not be liable to You under or in connection with this Agreement for any indirect, consequential or special losses, including loss of profit, loss of revenue, loss of opportunity or loss of goodwill.
5.4 Risk Warning, Assumption of Risk
You acknowledge that accidents, personal injury, death and other harm can happen when You or a child are using the Product, including as a result of falls, collisions, hidden obstacles, uneven or slippery surfaces, improper supervision or use, and aggravation of existing health conditions. You acknowledge that You have been warned about these possibilities, and You assume all risk in relation to the operation of the Product and Your use of it, including any failure to perform or adequately perform a safety check before Your use of the Product and any failure to properly supervise a child using the Product. This provision is intended to act as a risk warning for the purposes of any applicable law.
5.5 Release
To the extent permitted by law, You release Us from all claims (including negligence claims and any claims under statute that can be waived by You) arising out of or in connection with the operation of the Product and Your use of the Product.
5.6 Implied Terms
Certain terms, conditions or warranties may be implied into this Agreement by law for your benefit in respect of the supply of the Services and Your use of the Product. The operation of some of these implied terms can be excluded in certain circumstances. You agree that, to the extent permitted by law, any such implied terms are excluded from this Agreement in respect of any loss that does not arise from Our negligence or wilful misconduct.
6. SUSPENSION AND TERMINATION
6.1. Temporary Suspension
We may, from time to time, with prior notice where reasonably practicable, temporarily suspend the operation of any Service (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.
6.2. Suspension and Termination
We may, at our discretion, with or without prior notice (to the extent permitted by law), terminate this Agreement or suspend and/or terminate any Service and/or your use of your account in the event that:
6.2.1 you have materially breached any of the provisions of this Agreement;
6.2.2 you fail to pay any correctly billed charges when due; or
6.2.3 to the extent permitted by law, you become insolvent or make a composition with your creditors, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.
6.3. Breach
If you have breached this Agreement, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:
6.3.1 issue of a warning to you;
6.3.2 immediate, temporary or permanent withdrawal of your right to use any Service or Products;
6.3.3 legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
6.3.4 disclosure of all relevant information to law enforcement authorities or other competent authorities as we reasonably feel is necessary or as required by law.
The responses described above are not limited, and we may take any other action we deem appropriate.
6.4. Upon Termination
Upon termination of your rental of Products, your subscription or your account, for any reason (including where, in accordance with these terms, you cancel or do not renew your subscription):
6.4.1 all rights granted to you under these terms will immediately cease;
6.4.2 you must promptly discontinue all use of the relevant
7. CONFIDENTIALITY OF INFORMATION; PRIVACY POLICIES
Information Kept According to Privacy Policy:
All personally identifiable information that is held by Gulf Kiddy Cars and pertains to You, including all names, addresses, phone numbers, email addresses, payment details, and/or pass numbers, will be kept by Gulf Kiddy Cars in accordance with its Privacy Notice, which it is important you read. You will be deemed to have accepted the terms of the Privacy Notice upon entry into this Agreement and/or when you first use the Services. The Privacy Notice details how We collect and deal with your personal information.
8. TERMS OF USE
8.1. Limitation on Availability of Services
Gulf Kiddy Cars makes every effort to provide the Services 365 days per year, but We do not guarantee that the Services will be available at all times, as force majeure events (see section 8.15 for a description of these types of events) or other circumstances might prevent Gulf Kiddy Cars from providing the Services. Access to the Services is also conditioned on the availability of Products. Gulf Kiddy Cars does not represent or warrant the availability of any Services or the availability of any Products at any time. You agree that Gulf Kiddy Cars may require You to return a Product at any time.
8.2. Access License
Subject to Your strict compliance with this Agreement and the Additional Terms, Gulf Kiddy Cars grants You a limited, revocable, non-exclusive, non-assignable, non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (as that expression is defined in section 8.3 below) (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless or Internet enabled device (each, a “Device”) for Your personal, non-commercial use only.
This license does not include any resale or commercial use of the Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly permitted herein, the Services and/or any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without Gulf Kiddy Cars’ express written consent. Any unauthorised use automatically terminates the permissions and/or licenses granted by Us to You.
The foregoing limited license: (i) does not give You any ownership of, or any other intellectual property interest in, any Content (as that expression is defined in section 8.3 below), and (ii) may be immediately suspended or terminated for any reason, in Gulf Kiddy Cars’ sole discretion, and without advance notice or liability.
8.3. Copyright and Ownership
All of the content featured or displayed on the Services, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Gulf Kiddy Cars, its licensors, vendors, agents and/or its Content providers. All elements of the Services, including, without limitation, the general design and the Content, are protected by copyright, moral rights, trademark and other laws relating to intellectual property rights.
The Services may only be used for the intended purpose for which such Services are being made available. Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services. Except as authorised under the applicable copyright laws, You are responsible for obtaining permission before reusing any copyrighted material that is available on the Services.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services. The Services, its Content and all related rights shall remain the exclusive property of Gulf Kiddy Cars or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Services.
8.4. Trademarks / No Endorsement
All trademarks, service marks and trade names of Gulf Kiddy Cars used herein (including but not limited to: Gulf Kiddy Cars name, Gulf Kiddy Cars corporate logo, the Services name, the Services design, and/or any logos) (collectively “Marks”) are trademarks or registered trademarks of Gulf Kiddy Cars or its affiliates, partners, vendors or licensors.
You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Gulf Kiddy Cars trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without Gulf Kiddy Cars’ prior written consent. You shall not use Gulf Kiddy Cars’ name or any language, pictures or symbols which could, in Gulf Kiddy Cars’ judgment, imply Gulf Kiddy Cars’ endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
8.5. Solicited Submission Policy
Where Gulf Kiddy Cars has specifically invited or requested submissions or comments, Gulf Kiddy Cars encourages You to submit content (e.g., comments to blog posts, participation in communities, tips, etc.) to Gulf Kiddy Cars that You have created for consideration in connection with the Site (“User Submissions”). User Submissions remain the intellectual property of the individual user.
By posting content on our Services, You expressly grant Gulf Kiddy Cars a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and Your name, voice, and/or likeness as contained in Your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity.
Any such User Submissions are deemed non-confidential and Gulf Kiddy Cars shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
8.6. Inappropriate User Submissions
Gulf Kiddy Cars does not encourage, and does not seek, User Submissions that result from any activity that:
(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property; or
(iii) may constitute a crime or tort.
You agree that You have not and will not engage in any of the foregoing activities in connection with producing Your User Submission. Without limiting the foregoing, You agree that in conjunction with Your submission, You will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent Your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind.
Gulf Kiddy Cars will reject any User Submissions in which Gulf Kiddy Cars believes, in its sole and absolute discretion, that any such activities have occurred. If notified by You of a submission that allegedly violates any provision of this Agreement, Gulf Kiddy Cars reserves the right to determine, in its sole and absolute discretion, if such a violation has occurred, and to remove any such submission from the Services at any time and without notice.
8.7. Inappropriate Material
You are prohibited from using the Services to post or send any unlawful, infringing, threatening, defamatory, obscene, pornographic or profane material or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offense or otherwise violate any law.
You further agree that sending or posting unsolicited advertisements or “spam” on or through the Services is expressly prohibited by this Agreement. In addition to any remedies that We may have at law or in equity, if We determine, in our sole and absolute discretion, that You have violated or are likely to violate the foregoing prohibitions or any applicable rules or policies linked to in this Agreement, We may take any action We deem necessary to cure or prevent the violation, including, without limitation, banning You from using the Services and/or the immediate removal of the related materials from the Services at any time without notice.
We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
8.8. Access and Interference
You agree that You will not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission. Additionally, You agree that You will not:
(i) take any action that imposes, or may impose, in Our sole and absolute discretion, an unreasonable or disproportionately large load on our infrastructure;
(ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or
(iii) bypass any measures We may use to prevent or restrict access to the Services.
8.9. Right to Takedown Content
Except as disclosed in our Privacy Notice, We will not monitor, edit, or disclose the contents of Your e-mail or Content posted to the Services unless required in the course of normal maintenance of the Services and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to:
(1) comply with the law or comply with legal process served on Gulf Kiddy Cars or the Services;
(2) protect and defend the rights or property of Gulf Kiddy Cars, the Services, or the users of the Services; or
(3) act in an emergency to protect the personal safety of our users, the Services, or the public.
Users shall remain solely responsible for the content of their messages and Gulf Kiddy Cars shall have no obligation to pre-screen any such content. However, We shall have the right in Our sole and absolute discretion to edit, refuse to post or remove any material submitted to or posted on the Services at any time without notice. Without limiting the foregoing, We shall have the right to remove any material that We find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of this Agreement access to the Services or any part thereof.
8.10. User Published Content
User published Content and User Submissions do not represent the views of Gulf Kiddy Cars or any individual associated with Gulf Kiddy Cars, and We do not control this Content. In no event shall You represent or suggest, directly or indirectly, Gulf Kiddy Cars’ endorsement of user published Content.
Gulf Kiddy Cars does not vouch for the accuracy or credibility of any user published Content on our Services or User Submissions published through our Services, and does not take any responsibility or assume any liability for any actions You may take as a result of reviewing any such user published Content or User Submission. Through Your use of the Services and Services, You may be exposed to Content that You may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretence, international trade issues and foreign nationals.
8.11. Third-Party Web Sites and Links
You may be able to link from the Services to third-party websites, applications and services (“Linked Sites”). You acknowledge and agree that Gulf Kiddy Cars has no responsibility for the information, content, products, services, advertising, code or other materials that may be provided by or through Linked Sites, even if they are owned or operated by partners or affiliates of Gulf Kiddy Cars.
Links to Linked Sites do not constitute an endorsement or sponsorship by Gulf Kiddy Cars of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on or through such Linked Sites. Gulf Kiddy Cars is not responsible for any content that originates from any Linked Site and that is embedded or otherwise transmitted through the Services.
You should review the terms and conditions and privacy policies of any Linked Sites you access. You acknowledge sole responsibility for and assume all risk arising from your use of any Linked Sites.
8.12. Transactional Partners
From time to time, Gulf Kiddy Cars may partner with third parties (“Transactional Partners”) to offer additional services, promotions, or products to Users. Such offerings may be made available to You through the Services.
Where a Transactional Partner offering is made available:
Gulf Kiddy Cars is not the provider of the Transactional Partner’s services or products unless expressly stated otherwise
Any transaction between You and the Transactional Partner is solely between You and that third party.
Gulf Kiddy Cars is not responsible for the acts, omissions, quality, safety, suitability, or legality of any Transactional Partner or its products or services
The Transactional Partner’s own terms and privacy notices may apply, and You should review them carefully
Gulf Kiddy Cars makes no warranties and assumes no liability in connection with any Transactional Partner’s offerings.
Your participation in any Transactional Partner offering is entirely voluntary.
8.13. System Requirements
Use of the Services may require compatible devices, Internet access, mobile data access, and certain software. Your ability to use the Services may be affected by the performance of these factors.
You acknowledge and agree that:
You are responsible for obtaining and maintaining all devices, equipment, and services needed to access and use the Services.
Gulf Kiddy Cars does not guarantee that the Services will function correctly on all devices or operating systems.
Mobile data charges may apply depending on your mobile service provider, and you are solely responsible for such costs.
Gulf Kiddy Cars may, from time to time, require updates or upgrades to maintain functionality of the Services.
Gulf Kiddy Cars is not liable for any failure of the Services resulting from inadequate system compatibility, Internet connectivity, or device performance.
8.14. Reservation of Rights
Gulf Kiddy Cars reserves all rights not expressly granted to You under this Agreement. No act of Gulf Kiddy Cars, including permitting You to access and use the Services, shall be interpreted as a waiver of any rights of Gulf Kiddy Cars under applicable law.
8.15. Force Majeure
Gulf Kiddy Cars shall not be responsible or liable for any failure or delay in its performance under this Agreement due to circumstances beyond its reasonable control, including but not limited to:
natural disasters, storms, floods, or extreme weather;
fire or explosion;
acts of God;
war, invasion, hostilities, terrorism, riots or civil unrest;
strikes, labour disputes or industrial action;
epidemics, pandemics, or public health emergencies;
failure of telecommunications, networks, utilities or essential services;
government actions, regulatory restrictions, or orders of authorities in the State of Kuwait;
shortages of materials or supply chain disruptions.
Where practicable, Gulf Kiddy Cars will notify You of the occurrence of a force majeure event and will resume performance as soon as reasonably possible.
8.16. Governing Law and Entire Agreement
This Agreement and any dispute or claim arising out of or in connection with it (including any non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Kuwait.
You submit to the non-exclusive jurisdiction of the courts of the State of Kuwait in respect of any dispute or claim arising under this Agreement.
If any provision of this Agreement is determined to be unlawful, invalid or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to make it lawful, valid and enforceable. The remaining provisions shall continue in full force and effect.
This Agreement, together with any Additional Terms, constitutes the entire agreement between You and Gulf Kiddy Cars relating to the Services and supersedes all prior agreements or understandings regarding its subject matter.
8.17. Dispute Resolution
If You have a dispute with us, You agree to first notify Gulf Kiddy Cars using the contact details provided in the App or on our Website. We will attempt in good faith to resolve the dispute informally within 30 days.
If the dispute cannot be resolved informally within that period, either party may refer the matter to the courts of the State of Kuwait in accordance with section 8.16.
Nothing in this section prevents either party from seeking urgent injunctive or equitable relief where necessary.
8.18. Updates to Terms
Gulf Kiddy Cars may amend or update this Agreement from time to time. Where required by law, or where changes are material, We will provide notice to You via the App, email, SMS, or other reasonable means.
If You do not agree to the updated Agreement, You must stop using the Services. Continued use of the Services after the effective date of the updated terms constitutes Your acceptance of the updated Agreement.
8.19. Taxes
Prices and fees for the Services are stated exclusive of any taxes, duties or governmental charges that may apply unless otherwise indicated in the App or Website.
If applicable taxes, duties or governmental charges are imposed on the Services, Gulf Kiddy Cars may charge those amounts to You in addition to the base price, and will itemise them where required by law in Kuwait.
8.20. Contact Us
If You have any questions or comments about this Agreement or the Services, You may contact us using the contact details listed within the App or on our Website.
8.21. Apple App Store Terms
If You access or use the App through the Apple App Store, You acknowledge that:
This Agreement is between You and Gulf Kiddy Cars, not Apple Inc.
Apple is not responsible for the App or its content.
Apple has no obligation to provide any maintenance or support services for the App.
In the event of any failure of the App to conform to any applicable warranty, You may notify Apple and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligations whatsoever.
Apple is not responsible for addressing any claims relating to the App or Your possession and/or use of the App, including product liability claims, legal or regulatory non-compliance, or consumer protection claims.
You must comply with all applicable third-party terms when using the App.
You represent and warrant that You are not located in a country subject to a U.S. Government embargo and that You are not listed on any U.S. Government prohibited parties list.
8.22. Google Play Terms
If You access or use the App through Google Play:
This Agreement is between You and Gulf Kiddy Cars, not Google.
Google has no responsibility for the App or its content.
Your use of Google Play is subject to Google’s own terms and policies.
Google is not responsible for support, warranty, or compliance issues relating to the App.
Google may refund the purchase price of the App (if applicable) if required under Google’s refund policies.
8.23. Google Maps Terms
If the Services use Google Maps or Google location services, You agree to be bound by:
Google Maps/Google Earth Additional Terms of Service, and
Google Privacy Policy.
Use of any mapping or location data is at Your own risk. Gulf Kiddy Cars makes no representation that such data will always be accurate or available.
ACCEPTANCE OF AGREEMENT
I certify that I am at least 18 years old, or I am 16 years or older and have the consent of my parent or legal guardian as required under this Agreement, and that I have carefully read and expressly agree to all of the terms and conditions set forth in this Agreement.
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