We provide a Platform to help users connect with each other to book Spaces and Services but do not endorse any specific Guests, Hosts, Spaces, or Vendors or Vendor Services registered with or offered through the Platform. Any designations or badges provided through the Platform are based on the information we have available to us which may be provided by other users or third parties and which may be inaccurate or out of date and do not constitute endorsement. Each user is independent, and Hosts and Vendors are independent contractors, unaffiliated with Amaakin, that are solely responsible for the character, quality, utility and provision of any Space or Vendor Service they provide or do not provide to you.
This Amaakin Services Agreement (“ASA”) is a contract between Amaakin and the person or entity that registered with Amaakin (“user” or “you”). This Agreement describes the terms and conditions that apply to your use of the Amaakin marketplace to book or list spaces or other services through our website or apps, and governs your hosting spaces for other users; and establishes the obligations owed between you and Amaakin, and between you and other users with no minimum responsibility on Amaakin.
This ASA is organized into 5 sections:
Section 1 General Terms: includes general terms describing your Account including creating an account, accepting, or making payments, how we communicate with you, and termination or suspension of this Agreement or your Account.
Section 2 Platform and Service: describes how you may and may not use the Platform and Service, and describes how we use any data.
Section 3 Amaakin Services: establishes the obligations of Hosts, including how to List a Space and what is expected of any Space Listed through the Service; and the obligations of Guests, including Booking a Space, expected behavior, responsibility for payment of Fees, and Booking other services.
Section 4 Legal Terms: provides legal terms including our ability to update this Agreement, disclaimers and limitations on our liability. It also includes other documents governing your use of the Services.
If you have questions about this Agreement, please contact us. Your use of the Platform or Services constitutes your ongoing acceptance of this Agreement, as amended.
Section 1: General Terms
(a) Platform Services. Amaakin is a unique marketplace provider that offers several different services to its users. There are three types of Amaakin users:
1) Guests (our users who use Host Services and/or Vendor Services);
2) Hosts (our users who offer Host Services to Guests); and
3) Vendors (our users or third parties who offer Vendor Services to Guests).
Amaakin connects them all through the Amaakin Platform (“Platform”) which is the online marketplace that allows our users to connect, communicate, and transact with each other directly through “Bookings.” We are continuously improving the Platform for all users and reserve the right to make changes in our discretion. Changes we make to the Platform, including discontinuing certain features, affect all users and we try to minimize disruption to users. However, these changes may affect users differently. We are not responsible if any specific changes we make to the Platform adversely affect how you use them.
(b) Host Services. Hosts may use our Platform to offer a specific location, room, site, or other area (a “Space”) and related services to a Guest to use for a specific time and purpose (an “Event”) using our Platform. The details of each Space, including its availability, booking price, additional fees, rules, and other terms are provided in a “Listing.” Please note, Amaakin does not own, lease, or control the Spaces listed, and does not make decisions surrounding whether to accept a Booking. In addition, Hosts may provide goods or services for an Event at an additional cost (“Host Add-Ons”). Hosts are solely responsible for their Spaces, Listings, and Host Services.
(c) Concierge Services. Amaakin may provide a service to help Guests coordinate the Booking of Vendor Services (not provided by the Host) for an Event. Concierge Services depend on a Guest’s unique needs and may include identifying specific Vendors (such as catering or furniture rental), scouting Spaces, or assistance in event planning.
1.2 Using Our Services
(a) Eligibility. You must be at least 18 years of age and able to enter into legally binding contracts in order to access and use the Platform, create an account, or utilize any of the Services. By using the Platform and our Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform. You represent that you will comply with all export control laws in your local jurisdiction.
In the event of damage to the rights and laws of Amaakin, Amaakin reserve the right to limit or exclude the membership of any person who is defined as under the age of 18. The Platform is also not available to people who have been disqualified or suspended their membership. No one can register as a member with more than one user.
(b) Third Party Services and Content. Our Platform is made available to you in connection with the offering of third party services that Amaakin does not control. Amaakin does not endorse any such third party services and in no event shall Amaakin be liable or responsible for any third party services or third party services providers (like Hosts or Vendors).
(c) Planning an Event. Our Platform allows users to connect to third-parties to plan Events. Users control the availability, quality, and terms of their Listings, Host Services, and Vendor Services. It is your responsibility to evaluate each Guest, Host, and Vendor with whom you choose to contract, communicate, or otherwise interact. Amaakin is not responsible for the content posted by our users, nor are we responsible for the inconsistency of the venues specifications mentioned on the platform with reality, Host Services, or Vendor Services offered. We do not assume any responsibility for the confirmation of any user’s identity, however, notwithstanding the foregoing, and as permitted by applicable laws, we may, but have no obligation to, take efforts to verify the identity of users and/or screen them against public and private databases for the purposes of preventing fraudulent activity and providing a safe transacting community.
(d) Bookings. When users enter into Bookings with one another (e.g. when a Host confirms a Booking request from a Guest or when a Guest books Vendor Services for an Event), they enter into a contract directly with one another. Amaakin does not become a party to the contract between users and is not responsible for their contract obligations. Amaakin is not acting as an agent for any user, except for Using Concierge Services and Appointment of Amaakin as a Limited Collection Agent). Users are prohibited from using the Amaakin platform to facilitate contracts outside of the Platform.
(e) Communication With Amaakin. You agree that Amaakin may contact you by telephone, text messages or SMS (including by an automatic telephone dialing system), through electronic messaging on the Platform, or via email at any of the communication methods provided by you or on your behalf in connection with your Account, including for marketing purposes. You understand that you are not required to provide consent to receive marketing communications as a condition of purchasing any goods or services, and you may opt out of those marketing communications at any time. You specifically consent to receive communications related to your Account through text messages, SMS, or other communications sent to your mobile device (“Mobile Notifications”). Standard mobile rates will apply for any Mobile Notifications you receive. You may stop receiving these Mobile Notifications at any point by responding to such message with “STOP” or following the instructions included in a message. However, if you do so, you may miss critical messages related to your Account. We are not responsible for and disclaim all liability for all harm or losses caused by disabling Mobile Notifications. Please contact us if you experience issues when attempting to stop Mobile Notifications.
(f) Communications With Other Users. The Platform allows you to communicate with other users without disclosing sensitive personal contact information. You may use the Platform only as permitted in this ASA. You may not use the Platform to send messages that are unwanted or unrelated to Booking a Listing through the Platform, harass or attempt to market other services to users, or to solicit and/or send spam. We are not responsible for, and disclaim all liability resulting from, any losses or harm to you resulting from sharing personal or sensitive information with other users or communicating or engaging with users outside of the Platform. Amaakin, at its sole option and without notice or any obligation to do so, may from time to time (i) remove communications among users which contain or share personal contact information, or (ii) suspend or terminate the accounts of users that share personal contact information.
(g) Compliance with the Law. You will comply with all Laws applicable to your use of the Space, Host Services, Platform Services (including use of the Platform), Vendor Services, and Concierge Services, whether as a Host, Guest, or Vendor. While we may provide information to help you understand certain obligations of using various Services, we are not authorized to provide and do not provide any legal advice. If you are unsure how to comply with Laws, you should seek legal advice related to Listing or Booking a Space. As used in this ASA, “Laws” means all applicable federal, state, local, and other governmental laws, regulations, ordinances, codes, rules, court orders, and all recorded and unrecorded private contract, restrictions, covenants and other agreements.
(h) Contractual Disputes Between Users. Amaakin may facilitate the resolution of disputes between users, but does not become a party to any contract by doing so. We are not responsible to you or any third party for providing, or for the condition or nature of, any Space, Host Services, or Vendor Services. Hosts, Guests, and Vendors are independent third-parties and are not affiliated, controlled by, or employed by Amaakin. Hosts and Vendors set their own prices, use their own facilities and resources, and may condition use of Spaces or Vendor Services as they feel is appropriate for their business. For more on Dispute Resolution, see Section 4 (Dispute Resolution).
1.3 Your Account
(a) Registration. Before using the Platform or Services, you must create an account with Amaakin (“Account”) and provide us with information about yourself and your company. If you are registering on behalf of a legal entity, you represent and warrant that you have the authority to legally bind that entity and grant all rights, permissions, and licenses contained in this ASA or any other applicable terms. Misrepresenting your affiliation or association with an entity may result in immediate termination of your Account, ineligibility to participate in any of our Services, monetary damages, and reporting to the appropriate legal authority.
Obligations for your own account: When you register as a member of the platform, you must provide certain information and register your username and password.
When you become a member, you agree to:
It is your responsibility to maintain the privacy of your account and password and acknowledge your full responsibility for the data and activities that occur through your own account. You will report any unlawful use of your account, password or security breach. Amaakin will not be responsible for any loss directly or indirectly due to the deliberate or unintentional disclosure of your username or password. You cannot use someone else's account. Your membership means that you agree to compensate Amaakin for any illegal use of your account by you or by anyone else who has access to the app and services by using your username and password whether you know or not.
To give us correct, accurate and current information about you as required in the registration form (registration data) for Amaakin.
We hold no responsibility for confirming the identity of any user. However, despite the above, and as permitted by applicable laws, we may, but we have no obligation, make efforts to verify the identity of users and/or screen them against public and private databases for the purposes of preventing fraudulent activity and providing a secure community for transactions.
(b) Account Security. You will be required to provide an email address and password to keep your Account secure (“Credentials”) and agree to keep your Credentials private and secure. You are responsible for any actions associated with your Account whether or not authorized. You are solely responsible for the actions or communications of your employees, representatives, hires, or agents (“Agents”). We are not responsible for and disclaim all liability for use of your Account by your Agents. You may not assign or transfer your Account to another party without our prior written consent.
(c) Account Updates. We may ask that you update your Account or provide additional or different information at any time. This includes requiring additional details about Spaces or payment information. You are required to update all Account information necessary to maintain compliance with this ASA, including but not limited to maintaining proper contact information and payment information.
(d) Account Termination By You. You may terminate your Account at any time by notifying us. You are responsible for all activity associated with your Account made before it is closed including: (i) payment of Fees or other charges; (ii) providing use of Spaces to Guests as previously Booked; or (iii) other liabilities caused by or resulting from use of the Platform or Service. We may retain Content and continue to display and use any public Content (including comments or reviews of Spaces) after your Account is terminated. Termination of your Account does not terminate any contractual arrangements you have with third parties.
(e) Account Termination By Us. We may suspend your Account--including your ability to communicate with other users, receive payments, or complete Bookings--or terminate this ASA and your Account at any time and based on our sole discretion without limitation. We are likely to terminate your account if
(i) we believe that use of your Account poses a risk to Amaakin, you, other users, or third parties;
(ii) there is evidence of actual or potential fraud by you or on your behalf;
(iii) you fail to respond to communications from us or other users; or
(iv) you fail to comply with this ASA and associated policies including the Cancellation and Refund Policy or applicable Law.
(a) Fees and Payments.
You understand that Amaakin may initiate charges to you for the services you receive. By using our Services, you authorize Amaakin to receive and/or enable your payment of applicable charges for the services (including third party services like Host Services and Vendor Services) obtained through your use of the Platform and Platform Services.
Amaakin will make reasonable efforts to inform you of the charges incurred through your use of the Platform Services, but you shall be responsible for all charges incurred under your Account regardless of your awareness of such charges. The charges you incur may be owed directly to third party service providers (like Hosts and/or Vendors), and Amaakin will collect those charges from you, on the third party’s behalf as their limited collection agent, and payment of such charges by you will be considered the same as if made directly by you to the third party service provider.
Amaakin reserves the right to otherwise collect payment from you in accordance with this Amaakin Services Agreement, the applicable policy set by Amaakin, and/or the terms of the Booking Agreement mentioned in the Listing.
(b) Prepaid Fees. Certain Bookings may require you to provide a portion of prepaid Fees in advance. All Fees, as applicable, will be identified prior to completing your Booking. While we may facilitate the collection of Fees for Hosts, once remitted to Hosts, we are not responsible for the return of Fees or Deposits to Guests, where applicable.
Section 2: Platform and Service
2.1 Ownership, License, and Restrictions
(a) Amaakin’s Intellectual Property.
Amaakin owns all rights, titles, and interests in the Platform and Services, and all intellectual property embodied or contained in them (individually and collectively, “IP”). IP includes all registered or potential patents, copyrights, trademarks, trade secrets, and other proprietary rights. Through your Account, we grant you a limited, temporary, revocable, non-transferable, non-exclusive license to use the Platform and Service for the purposes described in this ASA and only as provided to you through the Platform.
This license does not constitute a transfer of ownership or grant you any additional rights to use the IP. You may not register, claim ownership in, or sublicense the Platform, Services, or IP; use the Platform, Service, or IP in violation of this ASA or Laws; or reverse engineer or copy all or any portion of the Platform, Service, or IP (except as expressly permitted).
We may suspend or close your Account and pursue legal action against you if we believe or determine that your use of the Platform, Service, or IP exceeds the scope of this grant; or that you are attempting to hack or disrupt the use of the Platform, Service, or IP by others; or that you are otherwise interfering with the normal operation of the Platform or Service.
(b) Use of Amaakin’s IP. We may provide you logos or other digital media (“Logos”) to help you advertise your Space to potential Guests. Where provided, you agree to use Logos only to advertise your Space. You may not use any Logos, the Platform, or the Service for any unlawful or competitive use or in a manner that harms or tarnishes the Amaakin brand or reputation; and you are prohibited from modifying or using Logos in any manner that is inconsistent with our authorization or guidelines. We may terminate your right to use any Logos in our discretion upon notice to you in which event you shall cease using any such Logos.
2.2 Prohibited Uses
You may use the Platform and Services only for lawful purposes and in accordance with this ASA.
You agree not to use our Platform and Services:
(a) In any way that violates any applicable local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the Kuwait or other countries);
(b) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
(c) To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards.
(d) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
(e) To impersonate or attempt to impersonate Amaakin, an Amaakin employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); (f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Platform, or which, as determined by us, may harm Amaakin or users of our Platform or Services, or expose them to liability.
(f) To use the Platform in any way that causes or may cause the Platform to be obstructed, accessed, damaged or disabled.
(g) To use of the Platform in any illegal activity or any activity that would in any way harm the Platform Amaakin and users of the platform or any third party.
(h) Access to the platform for the purpose of hacking, subversion or misinformation and attempting to obtain or present any data or content of the platform directly or indirectly or through external systems or tools.
(i) Use the platform for the purpose of engaging in an act of fraud or electronic fraud.
(j) Carrying out an act of money laundering or not reporting money laundering is suspected.
(k) Illegal products or services are strictly prohibited.
We have the right to suspend, restrict, or withhold your use of the Platform at any time and without any notice in case we have any indication that you have breached any of these restrictions or if we suspect that your account is engaged in illegal activities, and this does not prevent us from taking any further legal action in the direction of what we deem appropriate.
2.3 Content on the Platform
(a) Posting Content. When creating or using the Platform and Services, you may be asked to or may voluntarily provide information about yourself, a Space, a Host Service, a Vendor Service, comments, or other information including text, images, or videos (collectively, “Content”).
You represent and warrant that you are authorized to provide Content to the Platform and that any Content you provide does not violate the proprietary or privacy rights of a third party.
You may not provide any Content that is copyrighted by third parties without their express permission.
You grant Amaakin a fully-paid, worldwide, non-exclusive, perpetual license to use, copy, transmit, distribute, modify, publicly display, and sublicense any Content you provide to us.
This grant includes our ability to use any Content for both internal use (such as analysis to improve the Platform or Services) or external use (such as in marketing or online advertising).
If you cannot provide us the above grant then you may not provide Content to us.
You agree to indemnify, defend and hold us harmless for any damages or losses based on third-party claims that Content violates proprietary or privacy rights.
(b) Accuracy of Content.
You will only provide Content to us that you own or have authorization to provide, and ensure that Content is accurate and complete. You must keep any Content current.
We reserve the right, but shall not be obligated, to use public and private data sources to validate the accuracy of any Content. This may include validating your identity or business information, or verifying information about Spaces.
You will provide us any additional information to verify the accuracy or completeness of any Content that you provide and we may condition your use of the Platform or Service on our ability to verify the accuracy and completeness of this Content.
If you do not provide required Content to us when we request it, we may suspend or terminate your Account, cancel any Bookings you have made or received, and withhold payment.
(c) Prohibited Content. You may never post any Content that (i) is defamatory, obscene, profane, or pornographic; (ii) is abusive, harassing, or disrespectful of other users; (iii) violates applicable Laws, including those prohibiting discrimination, false advertising, privacy, or unlawful marketing; (iv) is intended to deceive or mislead, is false or inaccurate, or misrepresents the nature or condition of a Space; (v) contains marketing or promotional content unrelated to the details of a Space; or (vi) includes sensitive personal information, including payment, contact information, or personal account details. You will not knowingly or negligently provide any Content that contain viruses, Trojan horses, and other harmful content (collectively, “Viruses”).
While we attempt to identify any Viruses, we are not liable for and disclaim all responsibility for ensuring that Content is free from Viruses.
Section 3: Amaakin Platform Services
3.1 Terms Applicable to Hosts
(a) Listings. When you List a Space as a Host, you must provide all required details about the Space including a description, how it may be used, the cost of a Booking, availability, a list of any facilities, current pictures, rules, and other details about its potential uses and condition (collectively, “Description”).
This includes details regarding use of any amenities, furniture, equipment, Host Add-Ons available at an additional charge, or fixtures that are part of or in the Space (collectively, “Features”).
While it is important to communicate excitement and the benefits of your Space, the Description must be accurate and give potential Guests a reasonably good understanding of how they may use the Space for their Event, including the disclosure of any deficiencies, restrictions, or applicable policies.
Any terms or conditions included in your Listing must not conflict with this ASA or applicable Policies unless expressly permitted by Amaakin in writing. For example, you may not (i) modify or expand a Guests’ financial responsibilities or limit a Guests’ ability to seek recourse or restitution under this ASA, (ii) violate the Community Guidelines or Laws, or (iii) require Guests to pay you directly outside the Platform.
(b) Permission to List And Book Spaces. You represent and warrant that you are permitted under applicable Laws to List and confirm a Booking of any Spaces provided, that Spaces comply with applicable Laws, and that you will reasonably facilitate and not obstruct the use of a Space as Booked by a Guest. In addition, you represent and warrant that any Listing you post, any Booking of a Space, or a Guest’s use of a Space will not breach any agreements you have entered into with any third parties, including but not limited to, facilities managers, property managers, or other agreements, and will comply with all applicable laws, rules, regulations, restrictions (including having permits, licenses, and/or registrations), or other terms placed on the Space or use of the Space.
(c) Bookings. Bookings are created when you accept a booking request, receive an acceptance to a custom offer you have submitted to a Guest. Bookings are a legally binding agreement between you and a Guest which means you are required to provide the Space and Host Services as described in your Listing and according to the terms agreed to in your Booking. You also agree to pay the applicable Service Fees to Amaakin.
(d) Booking Price. You are solely responsible for setting the Booking Price (including any additional services fees or insurance fees). You may not raise the Booking Price for a particular Guest after the Guest accepts the Booking, but may alter prices based on the addition or deletion of Host Add-Ons prior to the Event. Amaakin may determine, in its sole discretion, to refund the Guest part or all of the Booking Price in accordance with its policies.
(e) Conditions of the Space. You are responsible for maintaining the Space and Amenities so that Guests may reasonably use them as provided in the Description and Booking. Spaces and Amenities must be in good working order and provided to Guests in a safe, clean and usable condition. Any plumbing, electrical, structural or other physical deficiencies or defects must be corrected or disclosed before you List a Space. Except as specified in a Booking Agreement, all water, electricity and other utility services (exclusive of telephone and data services) shall be provided with the Space at no additional cost. The condition of the Space must be accurate to its portrayal on your Listings.
(f) Booking Agreements. In certain cases, we may elect to require a supplemental Booking Agreement with your Listing that includes all or part of the Description including a listing of any Amenities and any additional terms and conditions. Where required, the Booking Agreement will incorporate this Agreement and supplement and be a part of the binding agreement between you and a Guest. Except where approved by Amaakin, Booking Agreements with supplemental clauses may not impose rules or limitations on use that are materially different than those listed in the Description, include any additional contractual obligations, or alter Guests’ or Hosts’ liabilities.
(g) Recordings. During their Event, Guests may photograph, film, or otherwise record events when using Spaces and Amenities (“Event Recordings”). Except as expressly prohibited by local governmental Laws or as otherwise set forth in the Description or any Booking Agreement, you grant to any Guest that Books a Space a fully-paid, worldwide, non-exclusive, perpetual license to use, copy, transmit, distribute, modify, publicly display, and sublicense Event Recordings that may include or identify the Space or Amenities.
3.2 Terms Applicable to Guests.
(a) Bookings. Bookings are created when a Host accepts your booking request. Bookings are a legally binding agreement between you and a Host and are subject to any additional terms and conditions that the Host has outlined in their listing description or via messaging, any supplemental Booking Agreements, and other terms set forth by the Host, which will be provided to you prior to confirmation of a Booking.
A Booking creates a contractual relationship between users. Upon Booking a Space, a Guest is (i) granted a limited, temporary, revocable license to use a Space, and (ii) if applicable, a contract for Vendor Services, in the manner, for the time, and subject to all restrictions provided, subject to this Agreement, and as confirmed through the Platform. The scope of the use—including times, specific fees, and other additional terms or limitations—may also be included in or supplemented by a separate Booking Agreement that incorporates the terms and conditions of this Agreement and referenced policies.
(b) Booking Confirmation. Guests must have a valid Account in order to complete Bookings. Bookings can be completed by following the Booking process for the applicable Space. Guests are encouraged to review the Space Description, applicable services descriptions, and confirm availability prior to Booking a Space, Host Services, or Vendor Services. Some Spaces and services may require additional or supplemental verification in order to confirm a Booking. Applicable Fees and other charges (e.g. a Deposit, if applicable) will be shown before you complete your Booking. You are responsible for all Fees and charges associated with the Booking. All Bookings are subject to our Cancellation and Refund Policy.
(c) Limited Licenses for Bookings. When you Book a Space, you are provided a license to enter, occupy, and use the Space only as described in the Booking and confirmed by the Host, subject to this ASA and any Booking Agreement. A Booking does not provide you a lease or access or use of the Space beyond the specified time and Description. Failure to adhere to the specified time exposes the user to the space for legal issue or to abide by the Host's terms for additional time, see Section (f) " Holdovers and Additional Fees ".
(d) Conduct and Fees. You agree to comply with the ASA Guidelines and any Booking Agreements throughout the Booking and use the Space or Vendor Service only as permitted or agreed upon and consistent with the Description, and assure that any attendees do the same. During your Booking, you are responsible for (i) the behavior and acts of any attendees, service providers, or others that access the Space, (ii) ensuring that the use does not exceed any limitations identified in the Booking, (iii) coordinating the timely setup or breakdown of your Event, or (iv) complying with applicable Laws including acquiring any required licenses or permits for your Event, hiring security personnel for larger Events, or limiting noise to certain times of the day. You are responsible for and accept all liability for any damage done to the Space or Amenities during your Event by attendees or service providers whether intentional or not, for your failure to comply with applicable Laws, and for any Fines you incur. You agree to return the Space to the Host in substantially the condition as provided to you or as otherwise agreed in any Booking Agreement and consistent with the Community Guidelines, and to promptly notify Hosts of any damage done to the Space or Amenities. All Fees owed by Guests are subject to the Fees Overview and Cancellation and Refund Policy.
(e) Cancellation and Refunds. All cancellations and any refunds that may be available to you are subject to our Fees Overview and Cancellation and Refund Policy of the Host
(f) Holdovers and Additional Fees. You agree to leave the Space no later than the end-time of your Event or at such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon end-time without the Host’s permission, you no longer have a license to use or stay in the Space and the Host is entitled to use lawful means to force you to leave the Space.
Additionally, you agree to pay to Host an overtime charge (“Overtime Charge”) as well as all applicable Guest Fees and other expenses incurred by the Host. We may calculate the Overtime Charges based on your exceeding the time (for example, a calculated hourly rate billed in 30-minute increments). You may also be charged for other costs associated with your exceeding the permitted usage of the Booking (for example, exceeding the number of Event attendees (“Over Capacity Fees”).
(g) Using Host Services. You are responsible for evaluating the description, costs, restrictions, and applicable terms for any Host Services provided by the Host in connection with a Booking. You are responsible for identifying and complying with all laws, rules, regulations, and restrictions applicable to your use of any Host Services. We are not responsible for and disclaim all responsibility for and liability resulting from Hosts’ actions or failure to act, for the nature or quality of any Host Services, and for any loss or injury you or others sustain arising out of or related to Host Services.
(h) Using Vendor Services. You may have the ability to Book Vendor Services as part of your Booking. Vendors are independent third-party contractors and are not affiliated with, or under the control of, Amaakin. Vendor Services may be available to Book through the Platform or we may help you do so through Concierge Services. You understand that Vendor Services are provided by Vendors and not Amaakin. We are not responsible for and disclaim all responsibility for and liability resulting from Vendors’ actions or failure to act, for the nature or quality of any Vendor Services, and for any loss or injury you or others sustain arising out of or related to Vendor Services. You acknowledge that Amaakin may be paid compensation by one or more Vendors in connection with a Booking of Vendor Services.
(i) Using Concierge Services (Amaakin Services). Amaakin may provide Concierge Services to help coordinate Bookings or Vendor Services for your Event. Concierge Services may not be available in every city and we cannot guarantee that there will be Concierge Services available for specific Spaces or Concierge Services to fit your specific needs. Where provided, we act as your agent for the limited purposes of identifying Spaces and/or Vendor Services that meet with your specifications. We will submit any proposals to you for review and acceptance through the platform or via written confirmation. If accepted, we will coordinate any communication and payments between you and the Host or Vendors resulting from the Concierge Services.
(i) Attendees. You are responsible for your own acts and omissions as well as the acts and omissions of your invitees or other individuals to whom you provide access to the Space (collectively referred to as “Attendees”), excluding the Host and the Host’s invitees, if applicable. Guests are required to ensure that Attendees meet any requirements set by the Host for a Space or Event, and are made aware of and agree to any terms, conditions, rules, policies, or restrictions set by Host. You agree that you are responsible for ensuring that all minors are accompanied by an adult responsible for them and that you are legally authorized to act on behalf of any minor Invitee.
You shall acquire and maintain all insurance as required by Law and suitable for you or your business. You are solely responsible for understanding and evaluating what insurance is appropriate to cover damage, loss, injury, legal liability, and other harm specific to you, your business, your Attendees, third parties, the Space (including personal property within), and deciding what type of coverage, limits and providers are appropriate for you.
Section 4: Legal Terms
We are not responsible to you or any third party for provision, or for the condition or nature, of any space, Host Services, or Vendor Services. Hosts, Guests, and Vendors are independent third-parties and are not affiliated, controlled by, or employed by Amaakin. Hosts and Vendors set their own prices, use their facilities and resources, and may condition use of spaces or vendor services as they feel appropriate for their business.
You understand and agree that use of the Platform and services are at your own risk. Amaakin is not responsible for performing and does not perform background checks on Guests, Hosts, or Vendors (including criminal or civil checks); Does not review the condition of Spaces or ensure that they comply with existing law, meet any specific requirements, or any consistent with their description; And does not guarantee performance of any user or third party. Any information provided to you regarding Users, Spaces, Vendors OR Vendor Services is only provided to facilitate your use of the Platform and is provided “AS IS” and without any representation or warranty. Amaakin disclaims all representations and warranties, express and implied, that any information provided through the Platform is accurate or complete, or that any User, Space, Vendor or Vendor Service will be provided to you as described. Amaakin disclaims all responsibility for and liability resulting from negligence, intentional misconduct, or criminal activity of all Users or third parties, or any injury or property damage that occurs to you, third parties, or property while accessing or using Spaces or Vendor Services.
The Platform and Services are provided to you on an “AS IS” and “AS AVAILABLE” basis without any guarantee or warranty of any kind, expressed or implied, including without limitation warranties of merchantability, fitness for a particular purpose, suitability for your particular use, or noninfringement. Without limiting the foregoing, we disclaim that the Platform or Services are free from error or viruses; that they will never cause harm; that they meet or be suitable for your needs or requirements; that they are always available; or that they accurately represent Spaces, Hosts, Guests, Vendors or Vendor Services. We expressly disclaim any obligation to correct errors, even those that we are aware of, and may choose to discontinue operation of the Platform or service, or features of either, at any time.
4.2 Right to Amend
We may amend or modify this ASA at any time by posting the modified ASA on our website, sending you a copy via email, or otherwise communicating the amendment to you through the Platform. Your continued use of the Platform or Services after we amend or modify this ASA constitutes your consent to the revised ASA. If you do not agree to the revised ASA, you must close your Account by contacting us.
4.3 Force Majeure; Cancelations
Amaakin is not responsible or liable for nonperformance caused by telecommunications failures, nonperformance of vendors, fires or other acts of nature, strife or acts of political discord, or other events outside its reasonable control (each a “Force Majeure”). Cancellations of Bookings, whether with or without cause, or caused by events outside of your reasonable control, are subject to Host Cancellation Policy. Please review it carefully before Booking a Space or Vendor Service.
4.4 Entire Agreement; Interpretation.
As used in this ASA, “including” or similar words mean “including but not limited to”; “or” may be read as “either… or…” or “both… and…”; and “such as,” “specifically,” “for example,” or similar words identify non-exclusive lists of examples. Headings and ordering used in this ASA are provided for your convenience and do not affect the interpretation of related provisions. Any monetary amounts described in this ASA will be in Kuwaiti Dinar and “KD” will be read to mean State of Kuwait Dinar.
We may send you notices to the email address or physical address included in your Account, through messaging on the Platform, or (for businesses) to the address of your headquarters or registered business, or (for individuals) to your residence. You may send any legal notices to us at firstname.lastname@example.org. You agree that any email notice from us is considered accepted by you one day after such notice was sent and will have the same legal effect as if it were physically delivered to you.
in writing to the other side.
4.7 Governing Law
This ASA follows and is subjected to the law applicable in the State of Kuwait. Therefore, any dispute that arises under which the laws of the State of Kuwait are governed and this clause governs the expiry or cancellation of the Service Agreement for any reason after one day after the notice is sent, it will have the same legal effect as if it were actually handed over to you.