International Turnkey Systems Group K.S.C.C and its affiliates (“ITS”, “we”, “us” or “our”) is a company duly established and existing under the law of the State of Kuwait and having its place of business at ITS Tower, Mubarak Al Kabir Street, P.O. Box 26729, Safat 13128. ITS is in the business of the development, maintenance, and implementation of software related to banking. ITS is the owner of the website https://its.ws/
Users who violate these Terms may have their access and/ or use of the Services suspended and/ or terminated, at ITS’s sole discretion.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING AND/ OR USING THE PRODUCTS.
Capitalized terms used within these Terms that are not defined herein shall have the meanings and references provided to them in their respective Agreements.
SCOPE OF SERVICES
Please note that the scope of services between you and ITS shall be governed by your agreement with ITS or the agreement between you and such third party which uses the services of ITS.
- You may choose to avail yourself of our Products and Services by entering into an agreement with us or into an agreement with a third party who uses our Products and Services.
- You agree that all information that you provide to ITS will be accurate, current, and complete and consent to its disclosure, transmission, and use as necessary.
- You agree to pay all fees/ charges incurred by you at the prices then in effect. You will also be responsible for paying any applicable taxes.
- You hereby grant ITS the right to provide any information you submit to third parties for purposes of facilitating payment initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any payment.
AGREEMENT TO THE TERMS
- You agree to use the Products and Services for a limited purpose.
- You are solely responsible for the use of the Products by the Users and it is entirely at your own cost and risk.
- We may alter, suspend, or discontinue the Services, in whole or in part, at any time and for any reason at our sole discretion. We will make efforts to provide notice of the same, where reasonably possible. We may restrict access to portions of our Services, for some or all Users, from time to time. The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment, server issues, or other reasons. You acknowledge and agree that we are not obligated to continue offering, supporting, or updating the Services and that we make no commitment to do so.
- We may release Services, functionalities, or features that we are still testing and evaluating which will be on an Is basis. We may label such Services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand and agree that these beta Services may not be reliable as the functionalities and features may require further fine-tuning.
- You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.
- We make our best efforts to ensure that our Services are always available, but we do not guarantee that the operation and/ or access to our Services will be uninterrupted or continuous. Further, given the nature of the business and the constantly evolving nature of technologies of the industry we are in, we cannot guarantee complete security and safety over any information, data, or User content that may be uploaded, shared, hosted, displayed, or transmitted using our Services. Our Products may not be fully immune to any planned, unplanned, or incidental issues relating to data breaches, shutdowns, or technological issues and may also be interrupted for reasons, including but not limited to, maintenance, repairs, upgrades, network or equipment failures and or due to government action and or malicious third-party intervention.
- In order to use our Services, You must ensure to use the Devices, software, internet connections, and data connections that are required to access and use our Services. You acknowledge that any failure to use up-to-date software or Devices or high-speed internet or data connections will result in poor performance or non-performance of our Services and you will not hold us responsible for the same. You agree that we will not be held responsible for any consequences to You or any third party that may result from technical problems including without limitation in connection with the internet (such as slow connections, traffic congestion or overload of our or other servers) or any telecommunications or internet providers.
- We do not represent or warrant that the Services will operate error-free or that the Services are free of viruses, bugs, attacks, or other harmful code, or that we will correct any errors in the Services.
- The Services are provided on an “As Is” and “As Available” basis without warranties of any kind including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade.
- These Terms do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
- You agree that ITS may comply with the order of law enforcement authorities and provide them with any and all information You submit to us to assist in any investigation or prosecution they may conduct.
You agree not to, and shall not permit a third party to:
- Redistribute, sell, assign, lease, lend, license, sub-license, or rent the Products and/or Services.
- disassemble, reverse engineer, decipher, decompile, or decrypt the Products and/ or Services.
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy, or monitor the Products and or Services or any portion thereof.
- Copy (except for backup purposes), edit, improve or create derivative works of the Products and/ or Services or any part thereof.
- disassemble, disable, or otherwise interfere with security-related features of the Products and/ or Services or the Features that prevent or restrict the use or copying of any content or that enforce limitations on the use of the Services.
- Post or transmit any file which contains viruses, worms, Trojan horses, ransomware, or any other contaminating or destructive features, or that which otherwise interferes with the proper working of the Products and or Services and or use of the Products and/ or Services by other Users.
- remove, modify or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or provided on or via the Products and/ or Services.
- utilize any communications systems provided by the Products and/ or Services to send unauthorized and/ or unsolicited commercial communications.
- make use of any of ITS’s Content/ intellectual property including name, logo, banners or trademarks, etc. without our prior written consent.
- use the Products and/ or Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible or inappropriate purpose, or in any manner that breaches this ToS.
- use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Products or Services, other than the search engines and search agents, if any, available through the Services and other than generally available third-party web browsers.
- Gain or attempt to gain unauthorized access to our Products / Services/ Website/ App, servers, technology, software, and or systems, etc.
- Gather information on other Users and attempt to use such information in any manner whatsoever.
REGULATION OF USE
- If you are accessing/ using the Services from a third-party Device, Product, or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the Service.
b. You acknowledge that, prior to using the Services, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the Services are incorporated into this ToS by this reference. You represent that you are not prohibited by any applicable Usage Rules and/ or applicable law from using the Services; if you are unable to make such a representation you are prohibited from installing and/ or using the Services. You agree that any right to refund under the Usage Rules applies to any amounts paid by you to the Distributor.
THIRD-PARTY SOURCES AND CONTENT
- The Services may enable you to view, access, link to, and use content from Third Party Sources (as defined below) that are not owned or controlled by us (“Third Party Content”). The Services may also enable you to communicate and interact with Third Party Sources. “Third Party Source(s)” means (i) third-party websites and services, and (ii) our partners and customers.
- We do not accept, claim or take responsibility for any Third-Party Content as posted on our Products. Any transaction, hyperlinking, or mention of Third-Party content including, but not limited to websites, media, articles, etc. as posted by you, is between you and the Third Party. If you have any query or complaint regarding a Third-Party Source or any Third-Party Content, you agree to contact the Third-Party Source directly.
- Please also be aware that certain sensitive personal information and other information provided by you in connection with your use of the Services may be stored on your Device (even if we do not collect that information). You are solely responsible for maintaining the security of your Device from unauthorized access.
LIMITATION OF LIABILITY
- a) To the fullest extent permitted by applicable laws, ITS (including our subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners, and licensors (collectively, “Our Entities”) expressly limit our liabilities in connection with or arising out of the provision, access or use of the Products and/ or Services as follows:
- we provide the Products and any Services on an “as is” and “as available” basis, and Your access to or use of our Products is at Your own risk;
- we give no assurance, representation, or warranty of any kind (whether express or implied) about the Products and/ or Services.
iii. we do not guarantee that the information or content You find on the Products is accurate, truthful, complete, and or up-to-date;
- we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
- we disclaim liability for any delay or disruption in our Products/ Services and/or any defect, viruses, bugs, or errors.
- b) To the fullest extent permitted by applicable law, ITS and Our Entities are not liable to You or others for:
- any indirect, incidental, special, exemplary, consequential or punitive damages; or
- any loss of data, business, opportunities, reputation, profits or revenues, relating to the use of our Products and or Services.
In case of breach or any claims, actions, demands, damages, liabilities, obligations, costs, suits or proceedings (“Actions”) actually paid, suffered, or incurred by us due to the breach of these Terms, any act or omission, misuse, abuse of our Services and its access, fraudulent acts, willful misconduct, You agree to defend, indemnify, and hold harmless ITS, Our Entities, and their respective officers, directors, employees, affiliates, and agents, from and against any such Actions including without limitation reasonable legal and accounting fees and expenses. We shall provide notice to You promptly of any such Actions.
You represent that you are not, and will not make the Services available to, the resident of any embargoed country or a prohibited person under any export control or anti-terrorism law, regulation, or list. You agree to comply fully with all applicable export laws and regulations to ensure that neither the Services, nor any technical data related thereto is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by such laws and regulations.
TERM AND TERMINATION
These Terms will continue to apply until terminated, which may be by way of actual termination, deactivation, or unsubscribing, by either You or by us, as follows:
- You may stop using the Products/ Services.
- We reserve the right to suspend or terminate Your Account as a consequence of suspending or terminating Your access to the Products/ Services without notice and at our sole discretion if we reasonably believe:
- You are in serious and or repeated breach of these Terms (including a failure by You to settle any payments);
- You are using the Products/ Services in a manner that would cause risk or harm or loss to us, other customers, third parties or the public.
iii. We are requested to do so by government or regulatory authorities or as required under applicable laws, regulations, or legal processes; or
- Our provision of the Products/ Services to You is no longer possible or commercially viable; or
- For any other reason, entirely at our discretion including for convenience.
In any of the above cases, we will make best efforts to notify You.
THESE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, RESULTS, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT AND ANY WARRANTIES OR CONDITIONS ARISING FROM ANY ACTUAL OR ALLEGED COURSE OF DEALING, USAGE OR TRADE PRACTICE. ITS EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF THE PRODUCTS, ANY FEATURES AND/ OR SERVICES, AND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE PRODUCTS/ SERVICES, OR THE QUALITY OR CONSISTENCY OF THE SERVICES OR RESULTS OBTAINED OR DATA DERIVED THROUGH ITS USE.
This ToS, Master Subscription Agreement, and any other legal notices published by us in connection with the Services shall constitute the entire agreement between You and ITS concerning the Services. If any provision of this ToS is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this ToS, which shall remain in full force and effect. No waiver of any term of this ToS shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this ToS shall not constitute a waiver of such right or provision.
- These terms are governed by and shall be construed in accordance with the laws and decisions of Kuwait, without reference to conflict of laws principles.
- Any disputes under these Terms shall be resolved in a court of general jurisdiction in Kuwait.
THANK YOU FOR CHOOSING US