Terms and Conditions





Introduction


Hnekwt.com (the “Website”) is operated solely by H&E for Travel and Tourism Operations W.L.L. (“H&E”), a limited liability company duly incorporated under the laws of the State of Kuwait, with a commercial registration no. of (404138) and a capital of (K.D) 2,000 and operates in accordance with Kuwaiti law. H&E is the exclusive distributor of Amadeus IT Group S.A. (“Amadeus”) in the State of Kuwait.

Your use of the Website shall be regarded as your express consent and acceptance of these Terms and Conditions as well as the Website’s Privacy Policy . If you do not wish to be bound by these Terms and Conditions or the Website’s Privacy Policy, you may immediately discontinue your use of the Website.

The Website may change its Terms and Conditions at any time at its sole discretion. It is therefore recommended that you read them regularly from time to time for any amendments, as any revised Terms and Conditions will come into effect immediately upon publication on the Website. Your continued use of the Website shall constitute an implied consent of the revised Terms and Conditions.



Prohibited Activities on the Website


These Terms and Conditions set forth the types of actions that are prohibited on the Website. H&E reserves the right to investigate and take appropriate legal action against any person, at the sole discretion of H&E, who participates in any prohibited activities. Such prohibited activities include but are not limited to:

  1. Use of the Website for purposes that violate the laws and customs of the State of Kuwait.
  2. Transmission of material that is illegal, obscene, defamatory, threatening, harassing, offensive, insulting, libelous, hateful or embarrassing to any other person or entity, as perceived by H&E at its sole discretion or according to community standards. H&E is not responsible for monitoring or evaluating such content. 
  3. Transferring malicious viruses or computer codes to damage the Website or its users. 
  4. Any activity that could disrupt the Website, and / or prevent H&E and / or users from accessing it or using it in the way it was meant to be used.
  5. Transmitting messages more than once (spam).
  6. Acts that disrupt and / or crash the Website and / or application.
  7. Any act that the Website believes, at its sole discretion, would expose it or its clients to any liability or damage of any kind.
  8. Infringing the intellectual property rights of H&E or Amadeus.


Intellectual Property Rights


The material on the Website (e.g. logos, illustrations, product descriptions, images, etc.) shall have all intellectual property, printing and publishing rights in accordance with international and local laws in this regard.

Nothing in these terms of use intends to transfer any intellectual property rights to, or to vest any intellectual property rights in, you. You will not take any action to jeopardize, limit or interfere with the intellectual property rights. You may display or download parts of the material, content and various other parts of the Website for your own personal and non-commercial use. Any distribution, forwarding or publishing of any material on the Website shall expose you to legal liability.

You agree that you will not remove, obscure, make illegible or alter any notices, proprietary marks or indications of the intellectual property rights and ownership of any material on the Website. You acknowledge and agree that any unauthorized use of the intellectual property rights will constitute a breach of these Terms and Conditions and may infringe the intellectual property rights of the materials’ respective owners.

Amadeus and H&E reserve the right to take such action as they consider necessary, including issuing legal proceedings without further notice to you, in relation to any unauthorized use of the Website.



Warranties


Despite making reasonable efforts to ensure that the information and contents posted on the Website are correct, H&E does not give any express or implied warranties or guarantees, legal or otherwise, of the accuracy of such information, including but not limited to the implied warranties of the availability of services offered; nor does H&E provide any guarantees of the continuity, usefulness, efficiency or completeness of the information. In addition, H&E does not provide and cannot provide guarantees against human and mechanical errors, omissions, delays, interruptions or losses, including loss of data. H&E does not provide and cannot guarantee that any of the files available for download from the Website are not infected with viruses of various kinds, or other items with characteristics that are contaminated or destroyed. H&E does not warrant and cannot guarantee the continuity of any content posted on the Website. H&E does not warrant that the functions or services provided by the Website will not be interrupted, are error-free or that defects will be corrected.



Limitation of Liability


H&E shall not be liable for any direct or indirect, incidental or consequential liability arising from your use of the Website or any other claim relating to your use of the Website, such as any loss of profit, loss of data, interruption of service, or any other commercial losses or damages incurred or suffered, regardless of whether H&E was informed of such matters prior to their occurrence. H&E assumes no responsibility for the content of other websites and resources provided by third parties that may be accessed through links on the Website. Such links are provided for informational purposes only. H&E has no control over the contents of such websites and resources and accept no responsibility for any loss or damage that may arise from your use or access of them.



Indemnification


You expressly agree to indemnify H&E, its owners, officers, directors, employees, agents, principals and licensors from and against any claims or damages, or any actions, obligations or settlements resulting from your use of the Website.



Notifications and Correspondences


The Website may send notifications to your registered e-mail address or by general notice to all users of the Website. Such notices may also be promotional e-mails.



Governing Law & Jurisdiction


These Terms and Conditions are governed by and construed in accordance with the laws of the State of Kuwait. Any dispute arising out these Terms and Conditions shall be heard before the competent courts of Kuwait. If any of these Terms and Conditions become unenforceable or non-legally binding, you shall be bound by all the other enforceable provisions.