Postat terms of service

 

1.   Introduction

Welcome to Postat. This is the Usage Policy for your access and use of the website, the application and all its extensions, accessories, services and all that is related to it. By agreeing to the Terms of Use (in addition to the relevant information included in this Agreement) and by using the website or the application, you acknowledge that you are bound by its terms of use. The User Agreement will be activated upon accepting it. If you do not agree to the User Agreement, please do not enter the website or use our application.

Before you become or continue as a member of this website and the application, you must read and agree to the User Agreement and its Privacy Policy; along with accessing any other related information regarding the User Agreement, such as any information related to the Usage Policy applied to the User. All of this information and the Privacy Policy are applicable under this law in the User Agreement.

2.   Members’ Legal Capacity

At Postat, we would like to make sure that the members have the legal capacity to conclude legal obligation contracts, and that minors do not use the website or the application in an inappropriate manner. Therefore, membership is not available to persons under the age of 18 years old, without the consent and signature of their legal guardians. In the event of prejudice to Postat’s rights and rules, Postat retains its right to put an end or exclude the membership of any person turned out to be under the age of 18 years old, except for the persons who obtained the signatures of their legal guardians. Furthermore, the website and the application is not available to people whose memberships have been excluded or suspended, and no one can register as a member with more than one user.

 

3.   Account and Registration Obligations

When registering, you must provide specific information and register your username and password.

 

When you become a member, you agree to:

• 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 account, and that you will report any unauthorized use of your account, password or any security breach. Postat will not be responsible for any direct or indirect loss due to deliberate or unintentional disclosure of your username or password. You cannot use someone else's account. Your membership means that you agree to compensate Postat for any unauthorized use of your account by you or anyone else that has access to your account and services by using your username and password, whether or not you know about this usage.
• Give us correct, accurate and updated information about yourself; as required in the Postat Registration Form (Registration Data).
• Register by submitting complete data and update it periodically after registration to maintain the data’s accuracy. If you provide untrue, inaccurate, outdated or incomplete information, or if we suspect that this information is untrue, inaccurate, outdated, or incomplete, or does not apply to the User Agreement and in violation of Postat's Terms and Conditions, Postat has the right to stop, put an end, or close your account on the App.
• The fact that Postat (by its choice and at any time) is entitled to make any inquiry it deems important (whether directly or through an intermediary or agent), and to request other information or proof to ensure your identity and/or the validity of the input data. If you refuse to give the aforementioned information, Postat has the right to stop or close your account. In addition, we retain the right to suspend any account that has been inactive or idle for a long period exceeding 30 days.

 

 

 

4.   Communication via Electronic Means

Upon completing your membership, you agree that we can contact you through the available communication channels such as e-mail, or any other means

; and you also agree to all the agreements, notices or other communications that we can provide to you electronically to meet the legal requirements. Postat will ask for your consent during the registration process to send promotional messages that will allow you to know about any new change or feature or any promotional activities. If you would like to stop these messages at any time, you can choose to do so by clicking on the link at the bottom of any promotional message.

 

5.   User Agreement Amendments

By completing your membership, you agree that Postat can amend the User Agreement in a manner that may increase your obligations or reduce your rights (substantial amendment) in accordance with the User Agreement rules; and you also agree that Postat (by its choice and at any time) - without assuming any responsibility - can make non-substantive amendments to be explained on the website and the application.

 

6. Collection, Refund, and Payment

Postat website and application allow the search and pre-booking of the advertising services between the Advertisee and the Advertiser.

 

The website and application can be used free of charge. However, Postat gets a percentage of the amounts paid for buying the advertising services by the Advertisee.

 

• Collection: A fixed value will be paid, which will be considered as a down payment of the total value of the amount specified by the Advertiser. This value depends on the Advertiser's rating in terms of fame, influence and number of followers. The remainder of the amount will be paid after the Advertiser has agreed to execute the ad.
• Refund: We emphasize that the satisfaction of the Postat Website and Application users is one of our top priorities, and so all the submitted complaints will be carefully considered and checked. If the User is entitled to refund any amounts according to the Postat Refund Policy, the amount will be deposited into the Advertisee’s account within 5 business days from the day of the completion of the investigation, if the payment is made by direct payment card, or 7 business days for credit and prepaid cards. A notice will be sent as soon as the transfer is made, and in the event of any delay in refunding the amount, the Advertisee must follow-up directly with their bank.
• Payment: Upon completing the execution of the ad and obtaining the Advertisee’s approval, the payment will be transferred to the Advertiser's account within 5 business days or according to the agreement concluded between Postat and the Advertiser.

 

Postat can make temporary changes to its services in regards to its offers, promotional campaigns, or new services for a specified period, and these temporary changes are considered effective under their terms when they are advertised.

 

7.   Refund Policy

Advertisees can claim a refund of the paid amount in accordance with certain controls; as the Advertisee wishing to claim a refund must complete and submit the related form.

Full refund is done in the following cases:

• If the Advertiser fails to execute the ad.
• The Advertiser fails to execute the ad on the dates specified by the Advertisee or executes the ad incorrectly or sends a message different from what has been agreed upon, and this depends entirely on the Postat Team’s estimate for the extent of the difference and the damage resulting therefrom.
• If the advertiser’s prices are hidden and the advertiser has requested a price which is above his price cap.
• If the advertiser did not accept the ad request.

 

Partial refund is done in the following cases:

 

• If the Advertisee backs down on completing the agreed ad, in which case the down payment amount will be deducted in full and the remaining amount will only be transferred.
• If the advertisee backs down on completing the requested ad before being accepted by the advertiser. In this case the advertisee will be refunded 90% of the down payment and Post@ will received 10%.

After the Postat Team checks any claim and ensures that the claim meets the Refund Policy, the amount will be transferred to the Advertisee’s account after deducting Postat’s commission in case of a partial refund, which is a pure right to it in return for enabling the Advertisee to negotiate with the Advertiser.

 

8. Your Information

By using the website or the application, you give Postat the right to use any personal or other information or data that you provide to it, or to other users and/or registered on the website or the application at the time of registration, or during the sale in the Opinions section, or through any e-mail messages or any feature on the website or the application; in order to improve and manage the website and the application in accordance with the User Agreement and the Privacy Policy.

 

9. Use of Service

By using the Postat service, you agree to:

 

• Not to use the service in any manner that causes or may cause the website or the application to be blocked, accessed, damaged or disabled.
• Not to use the service in any illegal activity or any activity that would be detrimental in any way to the website or the application and its users or any third party.
• Not to access the website or the application for the purpose of piracy, sabotage or misinformation, or attempt to obtain any data or content related to the website or the application or present therein, whether directly or indirectly, or through external systems or tools.
• The fact that we have the right to suspend, restrict, or block your account at any time without any notice, in case we have evidence for your breach of 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 actions against you as we deem appropriate.
• The fact that we have the right to use any user-specific photos, video or audio clips, whether they are available on the Internet or posted through it or by any third party, whether the Advertiser, the Advertisee, or the Regular User for the purpose of the marketing advertisements, and that is through social media platforms and other traditional advertising platforms, and others.

 

10. Property Rights

The entire content of the Postat Website and application, but not exclusive, whether from texts, designs, logos, buttons’ icons, photos, audio clips, digital contents, data set and software are copyrights and intellectual property rights of Postat, its users, the Advertisers or the Advertisees; as they are protected by the property rights and laws, the trademark, the patent or any intellectual property of Postat. The total content of this website and application has exclusive property rights and copyrights to Postat, and is protected by the copyrights, the trademark, and the patent or other intellectual property.

 

11. Trademark

Postat and any of its relevant banners, words or logos included in the App are either registered or unregistered trademarks for the website and the application, and are protected by an international trademark and other intellectual property rights and laws. It is not permissible to use the Postat trademarks in any product or service that does not belong to Postat or harms Postat in any way; and all the other non-Postat trademarks that appear on the website or the application are the property of their original owners who are likely or unlikely to be associated with, related to, or sponsors of Postat.

 

12. Postat Misuse

Please report any problems of any kind or any violations of these Terms of Use through Postat. If you believe that your intellectual property rights have been violated, please report to Postat. Without prejudice to any other rights or Postat’s measures, Postat has the right to suspend any user or cancel his membership, and may also delete any content added by the User. In addition, Postat may take any technical and/or legal actions against any person who causes legal damage or violations of any kind; where he breaches the intellectual property rights of any third party or engages in any conduct contrary to these Terms of Use or our Policy.

 

13. Privacy

Postat may take reasonable measures (physical, regulatory, technological) to protect against unauthorized access to your personal identity information, and keep it safe. The Internet is not a secure medium and the privacy of your personal information cannot be guaranteed. Postat cannot control third-party practices (e.g. if the User or Advertiser impersonates your identity or some else). You agree that Postat can use your personal information that you gave to it; in order to provide services and send you promotional content, and that the website and the application’s privacy policy governs the collection, processing, use and transfer of any personal information of your own.

 

14. Terms of Use Violation

Without prejudice to any of Postat's rights or procedures under this User Agreement or under any law or other means, Postat has the right to immediately - without any legal liability - to limit your activity, and to reduce or revoke your membership and/or

 

Block access to the website and the application in the following cases:

• If you breach this User Agreement.
• If Postat is unable to confirm or verify any information provided by you.
• If Postat, in its sole discretion, believes that any of your actions may lead to legal accountability against you or other users, or against Postat.

 

Postat is entitled at any time as it deems appropriate to reactivate the accounts of the users, whose accounts were previously suspended. The excluded or suspended user is not entitled at any time to register or attempt to register or use Postat in any way until Postat reactivates his account. Regardless of the above, if you violate these Terms of Use, Postat has the right to recover any entitled amounts that you own, or compensate for any losses or damages you have caused to Postat or the website or application users, and it may take similar steps, including judicial and/or penal proceedings, as deemed appropriate and when needed. If Postat does not take any action against any violations by you or anyone else, this does not mean that Postat waives its right to take any action in relation to this violation or any other subsequent or similar violations, and Postat does not guarantee taking such action against all possible violations of these Terms of Use.

 

15. No Guarantees

Postat provides its website, application and services "as they are" and "as available", without any guarantees or warranties of any kind, whether authorized or implied, including but not limited to the title, popularity, suitability for certain purposes, compatibility, security, accuracy and non-infringement guarantees. Postat does not provide clarifications or guarantees regarding the accuracy and the reliability or the completeness of any content, information, software, texts, images, links or communications provided by the App or through its use, or any guarantees that the processes on the website or the application will be free of errors and disconnections; and Postat does not provide guarantees that the defects will be repaired or that the website, the application and its services are free of viruses or anything else that may cause harm or damage. Depending on the nature of online communications, this website or the application may be vulnerable to data being destroyed, suspended, unavailable or delayed. This website or the application may also be unavailable from time to time for repair, maintenance or business development purposes. You agree that Postat is not committed to providing support to this website or its application, and you explicitly agree that you are using this website or the application at your own risk.

 

You agree that Postat is not responsible for any damages or losses resulting from unsatisfactory delays or performance on the website and the application resulting from breakdowns or technical reasons.

 

You agree that Postat assumes no obligations or liabilities and cannot be legally referred in the event of financial losses or damages, or due to good faith or reputational damages, and any other direct or indirect damages resulting from your use of this website or the application.

 

16. Limits of Responsibilities

Within the extent permitted by the law, Postat, and its officials, owners, employees, agents and affiliates are not liable for any losses or damages of any kind, whether in a direct, indirect, incidental, private, consequential or typical manner, and this includes but not limited to the losses or damages resulting from the loss of profits, the Company’s reputation, the opportunity, the data or other intangible losses resulting from or associated with your use of the website, the application, its services or the User Agreement.

 

If you are not satisfied with the website, the application, its content or products, the only solution is to stop using it. Furthermore, you agree that any unauthorized use of the website, the application or its services as a result of your negligent reaction towards its use may cause irreparable problems in Postat, and Postat will deal with any similar unauthorized uses under the terms and conditions of the User’s Terms of Use.

 

17. Compensations

You agree to compensate and protect Postat and its affiliates, officials, employees and owners from damages resulting from any disputes, complaints, actions, procedures, losses, accountabilities, losses or expenses (including logical legal costs and expenses) of any kind resulting from your breach of the User Terms of Use Agreement or violation of any third-party laws or rights.

 

18. Relationships and Notices

All the clauses of the User’s Terms of Use Agreement do not constitute a partnership or mediation between you and Postat, and you do not have the right to commit Postat to anything in any manner.

 

19. Disputes

If there are disagreements, complaints or differences (including damage or legislative complaints) ("Disputes") resulting from or related to this User Agreement, including (without restriction) any questions regarding information, entity, field, performance, interpretations, validity, termination of this Terms of Use Agreement or this clause, or any questions related to the legal relations resulting from this User’s Terms of Use Agreement or the consequences resulting from its nullity, the two parties should initially try to resolve the dispute peacefully within a maximum period of (30) thirty days, starting from the date on which one of parties sends a written notice of the dispute to the other party.

 

20. Transfer of Rights and Obligations

Under this Agreement, you hereby grant the right to Postat and make an irrevocable acknowledgement that Postat may at any time transfer all or part of its rights, obligations, benefits or responsibilities (whether expressed or assumed) under the User Agreement to its affiliated partners, without referring to request additional consent from you. Postat agrees to use all the available endeavors to notify you of any transfer by posting it on the website and its extensions. You cannot at any time and without prior written consent from Postat transfer all or part of your rights, obligations, benefits or responsibilities (whether expressed or assumed) under this Agreement to the User, without the prior written consent from Postat.

 

21. General Clauses

If any of the User Agreement’s clauses is found to be invalid or void or unenforceable for any reason, such as a clause that can be adjudicated, it should not affect the implementation and validity of the remaining clauses in this document. The User’s Terms of Use Agreement determines in advance (whenever amended from time to time in accordance with the clauses of this document) all the terms of understanding and agreement between you and Postat, while taking into account the relevant topics.

 

Any person who is not a party in this User’s Terms of Use Agreement will not be entitled to impose any condition, and if this User Agreement is translated to any other language, whether on or outside the App, the Arabic text will be considered the original reference.

 

22. Governing Law

This User Agreement will be followed and it is subject to the applicable law in the State of Kuwait, and this clause governs the expiry or cancellation of the User Agreement for any reason.

 

Privacy Policy

We appreciate your interest and concerns regarding the privacy of your data on the Internet.
This Policy was designed to help you understand the nature of the data that we collect from you when you visit our website or use the Postat App or its accessories, and how we handle this personal data.
We did not design this website or App and its accessories in order to collect your personal data from your computer, smartphone, tablet or any internet connection device, or while browsing or using the App; however, the data provided to us by you will only be used with your knowledge and consent; in order to benefit from one of the services provided on our website or the Postat App or its accessories.
Internet Protocol (IP) Address
Any time you visit any website, including this website or the Postat App, your host server will record your IP address, the visit date and time, the type of web browser you use, and the URL of any website that refers you to this site on the Internet.
Web Scanning
The Web Scanning process that we perform enables us to collect specific data such as those required of you regarding your outlook and opinion about our website or Postat App. Your responses are of utmost importance, and we appreciate them; as they enable us to improve the website and App level, and you have full freedom and choice in providing the data that concerns your name and other data.
Links to Other Websites on the Internet
Our website may include links to other websites on the Internet, or ads from other sites such as GoogleAdSense, and we are not responsible for the data collection methods used by these sites. You can view the confidentiality policies and the content of these sites that are accessed through any link within this website.
We may use third-party advertising companies to display ads when you visit our website, App or its accessories; and these companies may use information about your visits to this website and other websites (except the name, the address, the email address or the phone number); in order to provide ads about the goods and services of interest to you. If you want more information about this, and if you want to know the options available to you to prevent the use of this information by these companies, please click here.
Information Disclosure
We will maintain the privacy and confidentiality of all the personal data we obtain at all times. This information will only be disclosed if required by any law or when we believe in good faith that such action will be required or desirable in conformity with the law, or to defend or protect the property rights of this site or its beneficiaries.

Data needed to execute the Transactions required by you
When we need any of your data, we will ask you to provide it of your own volition; as this information will help us to contact you and execute your requests wherever possible. The data provided by you will never be sold to any third party for the purpose of marketing it to its own interest without your prior written consent, unless this is done on the grounds that it is within collective data used for statistical and research purposes without any data that may be used to identify you.
When Contacting Us
All the data provided by you will be treated as confidential data. The forms provided directly on the Internet require providing data that will help us improve our website. The data provided by you will be used to respond to all your inquiries, comments, or requests by this website, App or any of its accessories.

Disclosure of Information to any Third Party
We will not sell, trade, rent, or disclose any information for the benefit of any third party outside this website, App or its accessories. The information will only be disclosed if an order was issued by any judicial or regulatory authority to do so.

Amendments to the Information Confidentiality and Privacy Policy
We reserve the right to amend the terms and conditions of the Information Confidentiality and Privacy Policy, if necessary and when appropriate. The amendments will be implemented here and you will be informed on an ongoing basis of the data we have obtained, how we will use it and which authority will be provided with this data.

Contact Us
You can contact us when needed through the contact form on the e-mail: info@postat.com

Finally
Your concerns and interests regarding the data’s confidentiality and privacy are of utmost importance to us. We hope that this will be achieved through this Policy.