1.1 Ahdy is a platform owned and operated by Ahdy General Trading W.L.L. (hereinafter us, we or Ahdy). Ahdy allows interaction and connectivity between celebrities (Celebrities) and their fans (the User(s)), where Celebrities perform certain shout-outs or create video messages upon User’s request (the Videos).
1.2 These terms and conditions (T&Cs) govern your access and use of Ahdy (the Platform) and any application, website, content, products, and services made available by Ahdy in the MENA Region (the Services, as further detailed below).
1.3 By accessing or using the Services, you confirm your agreement to be bound by the T&Cs. If you do not agree to the T&Cs, you may not access or use the Services. The T&Cs expressly supersede prior agreements or arrangements made with you (if any). Ahdy may immediately terminate these T&Cs or any Services with you, or generally cease offering or deny access to the Services or any portion thereof.
1.4 BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT
YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE
CONSEQUENCES OR EFFECT THEREOF.
1.5 Ahdy may amend the T&Cs from time to time. Amendments will be effective upon Ahdy's posting of such updated T&Cs at the Platform or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the T&Cs, as amended. If Ahdy changes the T&Cs after the date you first agreed to the T&Cs (or to any subsequent changes to these T&Cs), you may reject any such change by providing us written notice of such rejection within thirty (30) days of the date such change became effective. This written notice must be provided by email, from the email address associated with your account to: email@example.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject such changes to the T&Cs.
1.6 Supplemental terms may apply to certain Services (Supplemental Terms). Supplemental Terms shall be deemed a part of the T&Cs for the purposes of the applicable Service(s). In the event of any conflict between the terms of the Supplemental Terms and the T&Cs, the Supplemental Terms shall prevail.
1.7 These T&Cs shall apply to the Users (you) accessing the Services and shall govern the relationship directly between us and the Users, and indirectly between the Users and the Celebrities.
2.1 You hereby confirm that you are eligible, as per applicable laws, to (i) access the Platform; (ii) request the Services; (iii) accept the T&Cs; and (iv) make payment(s) for the desired Services.
2.2 In the event you are not eligible as depicted in the preceding Clause, your parent or legal guardian must agree to the T&Cs on your behalf and permit you to use the Platform and access the Services.
2.3 You are prohibited from creating an account for anyone other than yourself. Further, you hereby represent the accuracy and completeness of all information provided upon your registration and at all other times requested by us and will ensure you update us to maintain the accuracy and completeness thereof.
3.1.1 Users have the opportunity, via Ahdy, to request Videos from Celebrities (the Request). The Celebrity will thereafter have 72 hours to accept or decline such Request.
3.1.2 The Request shall include the following information: Name of dedicatee, relation of dedicatee, occasion(if any); all to be written with 250 characters description
3.1.3 You hereby acknowledge and agree that that the Celebrity is at liberty to select the manner it delivers the Request and is not under any obligation to render the Request by using the exact words quoted by you. For the avoidance of doubt, the Celebrity will fulfill the Request in a manner accustomed to himself/herself without prejudicing the message sought in the Request.
3.1.4 Once your Request has been accepted by the Celebrity, you hereby authorize us to charge your payment account for the price quoted for the Service subject of the Request (the Fees). Further, you hereby understand and accept that any Fees processed will be deemed non-refundable and final.
3.2 Some of the Services or content displayed on our Platform is supported by advertising proceeds and may display advertisements and promotions, and you hereby agree that Ahdy may place such advertising and promotions on the Services or on, about, or in conjunction with any requested Videos. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You hereby acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
3.3.1 You may have the opportunity via the Platform to post reviews and/or comments on your experience with the Services, use of Platform or the Videos produced by the respective Celebrity (the Reviews).
3.3.2 You hereby undertake and confirm that any Review submitted by you will not reasonably be deemed illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.
4. Fees and Methods of Payment
4.1 Upon your registration, you will provide eligible payment data and information including credit card numbers and other pertinent credentials to enable processing of any payments or charges made in relation to your account (the Account).
4.2 You confirm that all information provided in relation to your Account is complete, current and accurate. You further represent and warrant that you have the legal right to use the payment means identified or provided in your Account to initiate and/or consummate any Services.
4.3 Ahdy reserves the right, in its sole discretion, to bill Fees and any other charges to your Account.
4.4 You hereby agree and authorize Ahdy to make payments and charges in any currency against your Account for any Services or Videos requested by, and provided to, you by Ahdy or the Celebrity. For the avoidance of doubt, Ahdy will not be liable for any currency exchange rates, banking charges or fees resulting directly or indirectly from any debits or charges made to your Account.
5.1 Once you have successfully paid for the Video(s), you will hold a non-exclusive and international license to use the Video(s) for your own personal, noncommercial, non-promotional, and legitimate purposes. For the avoidance of doubt, you are prohibited from re-selling or sublicensing your rights as depicted in
the T&Cs. You may only use the Video in accordance with this the terms in these T&Cs. If you breach any of the T&Cs, your license to the Video(s) will consequentially be terminated.
5.2 You hereby grant Ahdy a non-exclusive, transferable, royalty-free, fully paid, unlimited, international, sub-licensable, irrevocable and perpetual license in any and all forms to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works and otherwise use the following for the purposes of operating the Platform, Ahdy and/or the Services. Further, Ahdy may utilize such license to develop, improve, advertise, market and promote the Platform, our products and Services.
5.3 Unless otherwise permitted under these T&Cs, your may not copy, display, distribute, or otherwise use individual elements of videos, or edits of videos, or remove any watermarking or attributive text generated in connection with the Videos.
6. Acceptable Use and Restrictions
6.1 You are solely responsible for the use of the Platform and Services under your Account. Ahdy’s aims to create a lively, constructive, vibrant and safe experience to its Users. To ensure achievement of our aim, and when accessing our Platform or Services, you are prohibited from undertaking any of the activities or conduct listed in Clause 6.2 to 6.3 (inclusive).
6.2 You are prohibited from using our Platform and Services to share and/or request content that (i) contains illegal content or promotes illegal activities with the intent to commit such activities; (ii) contains credible threats or organizes acts of realworld violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm; (iii) harasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed; (iv) violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner; or (v) spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
6.3 Further, you are prohibited to (i) do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties; (ii) share your password, let anyone access your account, or do anything that might put your account at risk; (iii) attempt to access any other user's account;
(iv) reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so; (v) access, tamper with, or use non-public areas of our systems; (vi) break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks; (vii) try to reverse engineer any portion of our Services or interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mailbombing; (viii) use our Services to distribute malware; or (ix) encourage or help anyone do any of the things on this Clause.
YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE PLATFORM AND THE SERVICES IS AT YOUR OWN RISK. ACCESS TO THE PLATFORM AND SERVICES IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, CONSEQUENTLY, IN NO EVENT WILL AHDY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE ABILITY OR INABILITY TO USE OR ACCESS THE WEBSITE OR ANY SERVIVES. AHDY HEREBY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND THE SERVICES AND YOUR USE THEREOF. AHDY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS PLATFORM’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED BY THIRD-PARTY OFFERINGS, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM AND SERVICES. AHDY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY OFFERINGS, AHDY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF ANY THIRD-PARTY OFFERINGS. IN THE EVENT OF ANY THIRD-PARTY OFFERING YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Liability and Indemnification
8.1 Ahdy shall in no event be liable to you for any direct, indirect, incidental, consequential, punitive damages, however arising or resulting in relation to (i) any inaccuracies errors, mistakes of content in the Platform, Services or Videos; (iii) any unauthorized access to or use of our secure servers including any and all personal and/or financial information contained therein; or (iv) any interruption or cessation of transmission to or from our products and Services. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8.2 You hereby acknowledge and agree that Ahdy shall not be liable for content that is defamatory, offensive or illegal conduct of any third-party and that the risk of harm and damage arising therefrom shall rest with you.
8.3 To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Ahdy from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Platform and Services; (ii) your violation of any term of these T&Cs; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right. This Clause will survive the termination of these T&Cs and your use of the Platform and Services.
9. Governing Law and Jurisdiction
These T&Cs, and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of the State of Kuwait and subject to the exclusive jurisdiction of Kuwaiti courts.
10.1 No waiver by Ahdy of any breach by you of the T&Cs shall be considered as a waiver of any subsequent breach. A waiver of any term of these T&Cs shall be effective only if given in writing and signed by us.
10.2 If any provision or part-provision of these T&Cs is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these T&Cs.
10.3 You shall not assign any of the rights and/or obligations under this T&Cs to any third party without the prior written consent of Ahdy. Ahdy, however, reserve the right to assign these T&Cs to any of its affiliates.