Terms & Conditions

Your satisfaction is essential to us. Our terms outline the rules governing your use of our website, ensuring a fair and secure experience for all.

 

  1. Introduction

    • Welcome to the website of Neshami Loss Adjusting ("Neshami Surveying & Loss Adjusting," "Neshami," "we," "our," or "us"). The following terms and conditions ("Terms and Conditions") govern your access to and use of our website, its content, and any services offered through the website (collectively, the "Site").

    • By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as any applicable laws and regulations. If you do not agree to these Terms and Conditions, please do not use the Site.

  2. Intellectual Property Rights

    • Copyright: The content and arrangement of this site, including, but not limited to, graphic images, text, and HTML code, are the property of Neshami and are protected by copyright laws. Unauthorized copying, reproduction, distribution, or modification of the site's content is strictly prohibited, except for personal, non-commercial use. In cases of personal use, you must not alter the content in any way, and you must retain all copyright, trademark, and other proprietary notices intact.

    • Trademarks: Neshami is a registered trademark. All other trademarks used or referred to in this website are the property of their respective owners. Unauthorized use of any trademarks is strictly prohibited.

  3. License to Use the Website

    • This site and the content provided in this site, including, but not limited to, graphic images, text, and html code may not be copied, reproduced, republished, uploaded, posted, or distributed in any way, without the prior written consent of Neshami. Exceptions are for downloading, displaying, and printing one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices.

  4. Prohibited Uses

    • By accessing and using our Site, you agree not to engage in any activities that:

      • Violate any applicable laws, regulations, or third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights;

      • Are fraudulent, deceptive, harmful, threatening, harassing, defamatory, obscene, or otherwise objectionable;

      • Involve the distribution of viruses, malware, or any other harmful or malicious software;

      • Attempt to gain unauthorized access to the Site, user accounts, or any associated networks or systems;

      • Interfere with, disrupt, or damage the normal operation of the Site or any related services;

      • Use any automated means, such as bots, crawlers, or scrapers, to access, collect, or harvest data from the Site, except for the purpose of search engine indexing by reputable search engines like Google, Bing, or Yahoo;

      • Impersonate any person or entity or falsely claim an affiliation with any person or entity;

      • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying ideas of any software used in connection with the Site;

      • Copy, modify, distribute, create derivative works from, or publicly display any content from the Site without our prior written permission;

      • Encourage, promote, or participate in any activity that violates these Terms and Conditions.

    • Please note that engaging in any prohibited activities may result in the suspension or termination of your access to the Site and the services provided. Neshami reserves the right to take legal action against those who engage in prohibited activities.

  5. Age Restriction and Use by Minors

    • Users under the age of 18 are allowed to access and use the Site for informational purposes only. If you are under 18 years of age, you should not submit any personal information, create an account, or engage in any transactions on the Site without the involvement and supervision of a parent or legal guardian.

    • By accessing or using the Site, you represent and warrant that you are at least 18 years of age or, if you are under 18, that you are accessing the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.

    • Neshami reserves the right to restrict or terminate access to the Site for any user who is found to be under the age of 18 and using the Site in violation of this Age Restriction and Use by Minors section.

    • Parents and legal guardians are encouraged to monitor their children's online activities and to help enforce these Terms and Conditions by instructing minors in their care never to submit personal information or engage in transactions on the Site without their supervision.

  6. User-Generated Content

    • Submission of Content: By submitting, posting, or sharing content, including but not limited to text, images, videos, or other materials on this site, you represent and warrant that you have all necessary rights, permissions, and authority to do so, and that the content does not infringe any intellectual property rights, privacy rights, or other rights of any third party.

    • License Grant: By submitting, posting, or sharing content on this site, you grant Neshami a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform the content in connection with the website and Neshami's business, including for promotional and marketing purposes.

    • Responsibility for Content: You are solely responsible for any content you submit, post, or share on this site, and you agree to indemnify and hold harmless Neshami from any claims, damages, or losses resulting from your content or your violation of these terms and conditions.

    • Content Removal: Neshami reserves the right, but is not obligated, to monitor, review, edit, or remove any content submitted, posted, or shared on this site, at its sole discretion, without prior notice, for any reason, including but not limited to content that violates these terms and conditions or is otherwise objectionable.

    • Prohibited Content: You agree not to submit, post, or share any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

  7. Right to Monitor

    • Neshami does not actively monitor general use of the Site under normal circumstances nor exercises editorial control over the content of any third party's website, electronic mail transmission, news group, or other material created or accessible over or through the Site. However, Neshami reserves the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Neshami's sole discretion, may be illegal, may subject Neshami to liability, may violate these Terms and Conditions, or are, in the sole discretion of Neshami, inconsistent with Neshami's purpose for the Site.

  8. Access Restriction

    • Neshami reserves the right, at its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any reason, without prior notice or liability. Neshami may change, suspend, or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or content, without prior notice or liability. By using the Site, you agree to comply with any access restrictions or limitations imposed by Neshami.

  9. Privacy Policy

    • Your privacy is important to us. We have developed a separate Privacy Policy to explain how we collect, use, and protect your personal information when you access or use the Site. Please visit our Privacy Policy page at www.neshami.com/privacy-policy to review and understand our practices regarding your personal information.

    • By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to our Privacy Policy. If you do not agree with our Privacy Policy, please do not use the Site.

  10. Disclaimers and Limitation of Liability

    • This site and its contents are provided “as is” and Neshami makes no representation or warranty of any kind with respect to this site or any site or service accessible through this site. Neshami expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Neshami will not be liable to any party for any direct or indirect damages caused by of or in connection with this site, any content on or accessed through this site or any site service linked to, or any copying, displaying, or use thereof.

    • While Neshami believes the content to be accurate, complete and current, there may be inadvertent technical or factual inaccuracies and typographical errors and Neshami does not warrant that the information is accurate or complete or current. It is your responsibility to verify any information before relying on it. At any time and from time to time Neshami may make changes in the products and/or services described herein. However, Neshami makes no commitment to update the information and expressly disclaims liability for errors or omissions in it.

  11. Changes to Services, Content, or Software

    • Neshami reserves the right to modify or discontinue any Services, Content, or Software at any time without prior notice. Neither Neshami nor its partners shall be held liable for any damages or harm resulting from such changes or discontinuation of Services, Content, or Software.

  12. Indemnification

    • You agree to indemnify, defend, and hold harmless Neshami, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions, your use of the Site, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.

    • Neshami reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with Neshami in asserting any available defenses.

  13. Proprietary Software Restrictions

    • The software available on our Site is owned by Neshami or its suppliers and is protected by patent, trade secret, copyright laws, and international treaties. You may only use the software as necessary to access and use the intended features of our Site. You are not allowed to copy, share, display, modify, decompile, disassemble, reverse engineer, or attempt to uncover the source code of the software. Additionally, you may only access the Services and Content through the interface provided by Neshami on the Site.

  14. Termination

    • Neshami may terminate this agreement at any time, with or without notice, for any reason. Upon termination, you must immediately stop using the website and its services, and your right to access and use the Site will cease. The provisions regarding intellectual property, disclaimer of warranties, limitations of liability, indemnification, and any other sections intended to survive termination, shall survive the termination of this agreement.

  15. Governing Law and Jurisdiction

    • You agree that these terms of use and any legal action or proceeding relating to this site shall be governed by the laws of the State of Kuwait, as if drawn in Kuwait by residents in this state, without reference to its choice of law rules. If you attempt to bring any legal proceedings against Neshami, you specifically acknowledge that Neshami is free to choose the jurisdiction of its preference as to where such action against it may be held, without regard to where in the world you are located, or from where in the world you visited this site.

    • Neshami is not liable for the user not complying with the laws of the jurisdiction from which they are accessing this site. The user agrees that they will not access or use the information on this site in violation of such laws.

  16. Idea Submission Policy

    • Without a clear business relationship, Neshami cannot and does not treat unauthorized idea submissions in confidence. Neshami assumes no obligation to protect the confidentiality of any ideas disclosed outside a pre-existing and documented confidential business relationship and Neshami may therefore develop, use and freely disclose or publish similar ideas without compensating you or accounting to you for its disclosure or use. By submitting an idea or other detailed submission to Neshami through this website, you agree to be bound by the terms of this stated policy.

  17. Changes to the Terms and Conditions

    • Neshami reserves the right to update or modify these terms and conditions at any time without prior notice. Your continued use of the website following any such changes constitutes your agreement to be bound by the revised terms and conditions. It is your responsibility to regularly review the terms and conditions to stay informed of any updates or modifications.

  18. Contact Information

    • §  If you have any questions, concerns, or comments about these Terms and Conditions, the Site, or any related matters, please contact us at marketing[at]neshami.com. We will make every effort to address and resolve any issues or inquiries you may have.

  19. Non-Waiver

    • The failure of Neshami to act in connection with a breach on your part or on part of other parties does not preclude the rights of Neshami to act in connection with any similar breach. The failure of Neshami to exercise or implement any right or condition of these terms and conditions shall not constitute a waiver of such right.

  20. Assignment and Delegation

    • Users shall not transfer this agreement or transfer any rights or delegate any liabilities hereby, whether completely or partially, or voluntary or according to the law, without prior written consent from Neshami. Any such transfer or delegation without prior written consent will be considered null and void, unless Neshami agrees otherwise according to its absolute discretion.

    • This agreement constitutes the entire agreement between Neshami and you in connection with its subject.

  21. Dispute Resolution

    • In the event of any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, the Site, or the use of the Site ("Dispute"), you and Neshami agree to first attempt to resolve the Dispute through negotiation in good faith. If negotiation fails to resolve the Dispute within thirty (30) days, either party may request mediation, which shall be conducted under the rules of the Kuwaiti Commercial Arbitration Center (KCAC). Each party shall bear its own costs in mediation, and the parties shall share equally the fees of the mediator.

    • If the Dispute is not resolved through negotiation or mediation, either party may seek legal recourse in the appropriate court in accordance with the Governing Law and Jurisdiction section of these Terms and Conditions. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Site.

  22. Third-Party Links and Services

    • Our Site may contain links to third-party websites, services, or resources that are not owned or controlled by Neshami. We provide these links for your convenience and reference only. Neshami has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Neshami shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

    • We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Your use of third-party websites and services is at your own risk and subject to the terms and conditions of use for such websites and services.

  23. Copyright Infringement

    • Neshami respects the intellectual property rights of others and expects its users to do the same. If you believe that your copyrighted work has been copied, reproduced, displayed, or distributed through our Site in a way that constitutes copyright infringement, please notify us by providing the following information:

      • A description of the copyrighted work that you claim has been infringed;

      • A description of where the allegedly infringing material is located on the Site;

      • Your contact information, including your name, address, telephone number, and email address;

      • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

      • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

      • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

    • Please send the above information to our designated copyright agent at the following email address: marketing[at]neshami.com.

    • Upon receipt of a proper notice, Neshami will take appropriate action, including removing or disabling access to the allegedly infringing material, and may terminate the accounts of users who repeatedly infringe or are repeatedly accused of infringing the copyrights or other intellectual property rights of others.

    • Please note that this procedure is exclusively for notifying Neshami that your copyrighted material has been infringed.

  24. User Accounts and Security

    • Certain features or services offered on or through our Site may require you to create a user account. If you choose to create an account, you are responsible for maintaining the confidentiality of your account information, including your username and password, and for any and all activity that occurs under your account. You agree to notify Neshami immediately of any unauthorized use of your account or password, or any other breach of security.

    • You may be held liable for losses incurred by Neshami or any other user of or visitor to the Site due to someone else using your username, password, or account as a result of your failing to keep your account information secure and confidential.

    • You may not use anyone else's username, password, or account at any time without the express permission and consent of the account holder. Neshami cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

    • Neshami reserves the right to suspend or terminate your account or access to the Site, at its sole discretion, at any time and for any reason, including but not limited to a violation of these Terms and Conditions.

  25. Severability

    • If any provision of this agreement is found to be invalid or unenforceable, such provision shall be replaced with a valid and enforceable provision that most closely reflects the original intent. The remaining provisions of this agreement shall remain in full force and effect.

  26. Entire Agreement

    • This agreement, along with any other policies or guidelines referenced herein, constitutes the entire agreement between Neshami and you concerning the subject matter hereof, and supersedes all prior or contemporaneous agreements, proposals, negotiations, or communications, whether oral or written, between the parties relating to the subject matter.