Terms & Conditions
1. Accepting the Terms
We thank you for using Aybiz. The terms and conditions control and protect the use of Aybiz’s websites and mobile applications. By using Aybiz’s platforms you are agreeing to these Terms and accepting our contractual agreement. You have the right to not use our platforms if you are not willing to agree to these terms.
The following terms and conditions are binding on all users. Please read these terms before using Aybiz platforms. You are agreeing to them once you use our platforms and we are not liable for you not reading them before using it.
Signing in, registering, or skipping of Aybiz’s platforms binds you to our terms and conditions.
The Aybiz Platforms refers to the entire ownership including but not limited to the iOS phone app, Android Phone app, the desktop website, and the mobile version website.
The user refers to any persons who accesses or uses the services provided by Aybiz, whether for the purpose of reviewing, searching, bookmarking, posting photos, or viewing.
The content includes business information or data such as reviews, photos, days and hours of operation, menus, prices, products, phone numbers, addresses, and other relevant information. The content you, the user provides, include reviews, ratings, photos, and hours and days of operation, and other materials that you display in your profile. The content Aybiz provides includes graphics, software, total ratings, reports, design, visual and interactive features, and other usage related data in connection with user activity. Third Party content includes content provided by parties other than that of Aybiz or its users and is available on our platforms.
Businesses are the places that are listed on all our platforms.
Business Users are the owners of a business that has a page(s) on our platform. The business users may have ownership (claimed) their business page or have no ownership of their page.
The Terms are translated into Arabic and English for your convenience. We are not liable for any mistranslation between the terms in both languages. The user is free to ask for a translation that better fits his/her language of choice. The English version governs our platforms and will be the choice of resolution should there be any discrepancy between the translation and misunderstanding of the terms on the user’s part.
4. Using Aybiz’s Platforms
To access our platforms you must have the authority to enter into these terms. You cannot access or use our platforms if we have banned you from them or closed your account. You may not use our platforms if you are a direct competitor of ours.
You have to be responsible for abiding by all laws and regulation in the country of which you live in when you access our platforms. You have to accept that you are held responsible for any bad language, photos, or misuse of our platforms.
Permission to Use Our Platforms
Shall you comply and abide by our terms we grant you permission to use our platforms. Your use of our platforms is at your own risk, including but not limited to the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or inappropriate.
Any of our platforms may be updated, interrupted, suspended, or discontinued at any time without liability of early notice.
You must create an account or log in to your social media account with the provided mediums. You must provide certain information about you in order to use some of our platform’s features. You are held responsible for your account’s password and other confidential information. You are responsible for all activities that are connected to your account including but not limited to offensive language, indecent photos, and other inappropriate actions taken through and made by your account. You must notify us of any wrongdoing in connection to your account. We reserve the right to close your account for any or no reason. Your account is not for commercial use, only personal use. When signing up you must provide accurate information about yourself in case your receive rewards or any other related or nonrelated reason. You are not to use a false identity including but not limited to an inaccurate email address, phone number, or name. You are not to use an account on behalf of someone else without his or her consent.
Your information as a user is protected. Signing in with your social media accounts, like Instagram and Facebook, do not display any information to third parties or us besides your basic information. Your name identity is protected by us and is not distributed to third parties. We use your profile information to optimize results and your experience on our platforms. Your profile information such as gender, username, email, and phone number may be used or given by trusted Aybiz partners; however, your name identity and social links are kept private and not given to any third parties. Your profile information will be used for research purposes by Aybiz team and partners and can be applied to optimize marketing and analytics results. Your username, reviews, photos and other public content is displayed to other users in our platforms when they visit your account. You grant us the right to display and use your profile information to third parties.
5. Services and Information
Provision of Services
We provide services for business listings together with business information, user reviews, photos, search engine, recommendations, and other for personal use only. The commercial use and services of our platforms include but are not limited to adding a business, editing business information, replying to customers, business analytics, customer relationship management, and a membership program. The commercial use is only to connect and link businesses with customers. By no means, our platforms are for commercial use, exploitation or other of our services except for the permitted use.
We have the right to display your business information on your page, without your consent. The information listed is all public information that the user will have access to. Your trademarks, trade secret, patent, intellectual property and other proprietary rights are protected as a business. Your information is gathered and collected from the Aybiz team and is given to us through your employees, the owner, the Internet, or other mediums that we trust. Any inaccurate or false information, excluding user content such as reviews and photos, listed on your business page, either before or after you claimed your page, can be communicated to us and edited by you through email or on our platforms. We are not responsible for any inaccurate or false information on your business page as the sources of such information were trustworthy.
You may claim your business page as the rightful owner of such business. You must present to us that all the information on your page is true, accurate, and correct. After the claim process is granted, you are responsible for all the content on your page. You acknowledge that any false claiming of a business page may cause us to incur substantial economic damages and losses for which you will be held liable and accountable. Once you claim the page, you are held accountable to update, maintain, and provide accurate, correct, and true information on your page, unless otherwise, you are a platinum member with us. We reserve the right to add, edit, or modify any information on your business page as a business user at our sole discretion without notice.
We provide a membership program, abbreviated platinum, for any business that wants to utilize the addition of features and tools on its business page. As a member, you will grant us the rights to all the content you publish yourself or you want us to publish on your behalf. You agree and acknowledge that all the information and content you want us to publish on your behalf is accurate and that we hold no responsibility for it. As a member will be held accountable to update, maintain, and provide accurate, correct, and true information on your page if you choose to publish your own content. We reserve the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect to the service anytime in future.
Protection of Information
We own the rights to all our informative content on all our platforms. The information we provide on all our platforms including but not limited to the business detail page, addresses, operating days and hours, phone numbers, products and services of businesses, prices, menu photos, business page cover photos, home page content, literature, aggregate ratings, reviews, customer photos, and other informative content shall not be reproduced, copied, or otherwise taken verbatim is not licensed by us. The informative content we provide is not intended for commercial use whether for distribution, reproduction, imitation, creating similar works, or other is not permitted unless granted permission to do so. Our informative content is provided for personal use only. You accept to protect and use as directed the informative content on all our platforms. You are held liable for the economic damages and losses in the event of the aforementioned misuse, extraction, and reproduction of the informative content on our entire platforms for commercial use.
Responsibility for Your Content
You agree that you are the sole owner of your account and are responsible for the content you post whether it is reviews, photos, an edit of business hours, and other features on our platforms. You take responsibility for the accuracy, reliability, or quality of the content you provide on our platforms. You agree that you are the sole owner of the content you provide or have the authorization to do so. You are liable to conditions as follows; false, defamatory, or deceptive content; materials containing hate speech, pornography, or drugs; violation of copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property; or violation of any law or regulatory rules in the country of use. You agree that any of your content posted, review or photo is not warranted by financial, competitive, or personal incentive. As well, you agree that your post of a review is a fair expression of your honest opinion and that was not paid or compensated. You assume all risks associated with your content, including anyone’s reliance on its quality, accuracy, assurance, or reliability, or any disclosure by you of information in your content that makes you personally identifiable.
Our Right to Use Your Content
Aybiz may use your content in different cases including displaying it in our platform’s home page or other pages, incorporating it into advertisements or other works, creating similar work or reformatting it, promoting it on our platforms or other means, distributing it, and allowing our partners or otherwise to do the same with it. Per se, you permanently permit us continuous, non-exclusive, royalty-free, transferable rights to use your content for any purpose to which we chose excluding the aforementioned cases. In addition to our use of your content, you grant the users, commercial or personal, of our platform to use your content with respect to its presence on our platforms other mediums. Your content will not be in any way used to abuse, violate, or threaten your basic rights in the country of residence. While we reserve the right to remove content, we do not control actions or content posted by our users and any and all liability arising from such content is the sole responsibility of the user who posted the content, and not Aybiz.
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason, consider being objectionable, in violation of the terms and conditions or otherwise harmful to the services or our users in our sole discretion. Any review or photo, which is derogatory, defamatory or hateful or in violation of the terms and without any substantial evidence may be taken down at our sole discretion and result in a complete block of your access to our platforms.
The content to which you post your own unless otherwise is taken from a third party medium. The Aybiz Content, including but not limited to graphics, design, compilation, computer code, software, total user review ratings, interactive features, and all other components of our platforms except for your content, user content, and third-party content. In addition, we own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights associated with Aybiz’s content and platforms. The aforementioned is protected by copyright, trade dress, patent trademark laws and all other applicable intellectual and proprietary rights and laws. Per se, you are unable to copy, replicate, reproduce, distribute, create similar or like works or adaptations of, publicly display or in any way exploit any of our platforms’ content except if explicitly granted permission by us.
Our partners and we may publicly display advertisements and in other mediums to include your content. You will not be given compensation for such display of your content.
User reviews, ratings, or photos for businesses do not reflect the opinion of Aybiz. We receive multiple reviews, ratings, and photos by users for businesses, which reflect the opinions of the users. We are a neutral platform, which only provides a means of communication between users, including business owners, with access to the business page. We do not arbitrate disputes between reviewers and business owners, only in cases when someone writes a review that the business does not consider to be true, the best option for the business user would be to reply to the reviewer publicly to clear up misunderstandings. If the reviewer’s post violates our terms then we would take action in deleting and block that user in our sole discretion.
We reserve the right to remove, screen, edit, or reinstate user content from time to time at our sole discretion for any reason or no reason, and without notice to you.
We are under no obligation to enforce the terms and conditions on your behalf against another user. While we encourage you to let us know if you believe another user has violated the terms, we reserve the right investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use our platform to:
Violate our terms by writing a fake or offensive review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
Violate any third party’s rights including but not limited to trade secrets, intellectual property, trademark, copyright, patent, moral right, privacy right, or any proprietary rights;
Threaten, harm, stalk, harass, abuse, or promote discrimination;
Promote a business or other commercial venture or event, or otherwise use our platforms for commercials purposes, except in connection with a business account and as expressly permitted by Aybiz;
Send bulk or spam emails, surveys, telemarketing or other mass messaging, whether commercial in nature or not except when permitted through memberships for a limited time and specified purpose; engage in keyword spamming, or otherwise attempt to manipulate our platform’s search results or any third party website;
Violate any applicable law.
You also agree not to, and will not assist, encourage, or enable others to:
Violate the terms and conditions;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our platforms or any of its content;
Use any robot, spider, site search/retrieval application, or other automated devices, process or means to access, retrieve, scrape, or index any portion of our platforms or any of its content;
Record, process, or mine information about other users;
Access, retrieve or index any portion of our platforms;
Use our platforms to violate the security of any computer network, crack passwords or security encryption codes.
8. Third Parties
Our platforms may include links to other websites or applications. We do not Control or endorse any third party site. You agree that we are not responsible for the availability or contents of such third-party sites. Your use of third party sites is at your own risk.
9. Choice Law and Jurisdiction
Kuwait Law will govern these terms and conditions, as well as any claim, cause of action or dispute that might arise between you and Aybiz, without regard to conflict of law provisions. For any claim brought by either party, you agree to submit and consent to the personal and exclusive venue of, the courts located in Kuwait.