The Mirsal app is a mobile platform that enables users ("you", and "your") to get items delivered from and to most locations within Kuwait. The app and the service it provides ("Service") to connect users like you to Carriers (as defined in section 2 below) is provided by Mirsal App Company ("we", "us" and "our"), company number 49839 whose place of business is at Unit 11, Alwataniya Tower, Block 12, Qibla, Kuwait (email firstname.lastname@example.org).
If you want to use the Service, you must first create a user account. By creating a user account, you accept these Terms when prompted on your device. This will create a binding legal contract between you and us. If you do not agree to the Terms, please do not press to accept them and you will not be able to create a user account or use the Service. To create a user account and use the Service, you must be 18 or older, and have the power to enter into a binding contract and be resident in the Kuwait.
IMPORTANT - PLEASE NOTE: We Mirsal App are a software company and operate the Service only – we do not provide courier or logistics services, and we are not a goods carrier. It is up to the third party courier, vehicle operator or logistics provider you engage via the Service (defined for the purpose of these Terms as the "Carrier") to perform any courier services you order via the Service. We provide information and enable you to book those third party courier services, but we do not provide courier services ourselves or act in any way as a courier. Therefore, we have no responsibility for anything that is done, or not done, by a Carrier unless expressly set out in these Terms.
4. Payments and Changing Your Mind
The majority of your payment is for the benefit of the relevant Carrier, and we only take a small commission to cover the service we provide in facilitating your booking.
The amount you will pay for your booking will comprise (a) the actual price (if any) paid by the Carrier on your behalf for the item ("Collected Item") you have requested them to collect; (b) a handling fee equal to 10% of the price of the Collected Item(s); and (c) a fixed delivery fee as notified to you via the Service.
When you have submitted your booking request, you will be notified when a Carrier has been allocated and at key stages as they carry out your request. If you decide to cancel your booking once it has been confirmed, you may do so by contacting us at email@example.com, the following terms apply if you cancel:
- if a Carrier has not been assigned, you may cancel without charge;
- if a Carrier has been assigned but they have not yet collected your Collected Item from your chosen collection point, you may cancel within the first 5 minutes without charge, after which time you will be charged 50% of the applicable delivery charge (minimum 5 (five KD);
- If a Carrier has been assigned and has already collected your Collected Item, cancellation will not be possible. The Collected Item will be deemed collected once you receive the notification that your item has been collected by the Carrier.
5. Collected Items
The contract of sale in relation to your Collected Item is made between you and the restaurant, shop or other third party provider from whom you have requested the Carrier collect the Collected Item and not with us or the Carrier. You should address any queries relating to a Collected Item to that restaurant, shop or other third party provider.
You agree that the Carrier will, on your behalf, pay the price charged by the relevant third party provider for your Collected Item, which will be charged to your payment card as explained in section 4 above.
You may not use the Service to transport Collected Items with a value of more than KWD 500.
6. Your Use of the Service
We (or our licensors) retain ownership of the Service and its associated intellectual property. We grant you a non-exclusive, non-transferable right to use the Service's features solely for your own personal, non-commercial purposes, subject to these Terms. All rights we do not grant to you specifically in these Terms are reserved by us.
- that you will not use the Service for any illegal purpose or in any way that interrupts, damages or impairs the service provided by the Service;
- not to use the Service to deliver any item that is dangerous, illegal or intended only to annoy or abuse other users or third parties (including us or our Carriers).
- to comply with any terms of service that apply between you and the Carrier that transports your item (as may be notified to you);
- not to use the Service to transmit any viruses (or similar malicious code) or any material that is infringing, obscene, defamatory, threatening or unlawful or that may harm us or any third party;
- to compensate and defend us fully against any claims or legal proceedings brought against us by any person as a result of your breach of these Terms;
- to keep your account username and password secure at all times and not to disclose your account username and/or password to any other person; and
- not to allow any other person to use or access your account.
We may terminate these Terms and close your account any time without notice if we cease to provide the Service in your area.
We reserve the right to suspend, restrict or terminate your access to the Service at any time without notice if we have reasonable grounds to believe you have breached any of these Terms.
Suspension, restriction or termination of your access to the Service will not limit our right to take any other legal action against you that may be appropriate.
You may stop using the Service at any time.
8. Our Legal Obligations
Nothing in these Terms excludes or limits our or your liability for death or personal injury caused by our negligence or for fraud or fraudulent misstatement.
Whilst we will always strive to provide you with a service you'll love, our lawyers have asked us to remind you that we are not responsible for:
- losses, damage, costs or expenses not caused by our breach of these terms;
- thebehaviour, actions or omissions of any Carrier you may use (see also "Disclaimer" in section 2 above);
- the quality or fitness for purpose of any Collected Item (see also "Collected Items" in section 0 above);
- the actions or omissions of other users of the Service;
- any indirect or consequential loss or damage which means a loss suffered by you which is a side effect of the main loss or damage and where we could not have anticipated that type of loss arising when you agreed to these terms; or
- any harm, loss or damage suffered by you or anyone else if the Service is interrupted, suspended or otherwise not provided to you or if we do not comply with these terms because of events beyond our control (for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure).
For any loss or damage suffered by you or anyone else that may arise from use of the Service and which is not otherwise excluded under this section 7, our liability is limited to KWD 100.
9. Technical Limitations
We do our best to provide a service you'll enjoy, but the Service is provided without express or implied warranty or condition of any kind, on an "as-is" basis.
You acknowledge and accept that your access to the Service is dependent on connectivity over communications networks and facilities that are outside of our operation and/or control and that your use of the Service may be subject to limitations, delays and other problems inherent in the use of such networks and facilities.
Taking this into account, we give no warranty that your use of the Service will be uninterrupted or error free. We will use our reasonable endeavours to provide a good, consistent service, however, you acknowledge and accept that we are not responsible for any loss or damage of any kind that you may suffer as a result of any interruption or delay to your access to the Service, or as a result of any failure or error in the transfer of data over those networks and facilities in connection with your use of the Service.
10. Third party services
The Service enables you to order courier services that are provided by a third party Carrier. The terms applicable to use of that third party Carrier's service will apply and we will not be responsible for anything that is done or not done by you or the Carrier in connection with your use of their service.
We do not endorse or take any responsibility for statements, advertisements or any content whatsoever transmitted through, or linked to from, the Service by other users or third party service providers (including Carriers).
We do take reasonable measures to verify the quality of the Carriers, such as conducting interviews, obtaining proof of identification and address. We are willing to listen and, if we deem it appropriate, take action in relation to any feedback you may have in relation to a Carrier.
11. Contacting Us
If you need to contact us, please email us at firstname.lastname@example.org or write to us at Unit 11, Alwataniya Tower, Block 12, Qibla, Kuwait. For any Carrier-specific queries, please contact the Carrier in the first instance.
Any disputes in connection with these Terms will be governed by and interpreted in accordance with the laws of England and Wales. If you choose to bring proceedings in connection with these Terms you must do so in the courts of England and Wales.
13. Other Important Legal Terms
We can assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms to any company, firm or person. We will only do this if it does not affect your rights under these Terms. Please note that you may terminate your agreement with us at any time. You may not transfer your rights or obligations under these Terms to anyone else.
If you breach these Terms and we take no action against you, we will still be entitled to enforce our rights and remedies against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms.
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the remainder of the Terms will continue to govern each of our respective obligations.
These Terms are not intended to give rights to anyone except you and us.
Except as otherwise expressly stated, these Terms contain the entire agreement between us and you relating to use of the Service and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us and you relating to use of the Service.