Terms of Use
Introduction:
Howwe Platform is a limited liability company registered in the Kingdom of Saudi Arabia under Commercial Registration No. 1010585104. These Terms of Use, along with the Privacy Policy, constitutes the terms and conditions governing your use of Howwe’s application and all legal effects that result from your use of the provided services, as any use of Howwe Platform is considered acceptance of all the terms and conditions of these Terms of Use, so this Agreement is valid and enforceable as soon as you register or use Howwe’s application. We may change the terms and conditions of these Terms of Use from time to time, so we advise you to review this Agreement periodically to know the changes that occur to it. Your use of the application is conditional on your acceptance of the terms and conditions of these Terms of Use. If you do not agree with any part of the Terms of Use, you may stop using the application and delete your account completely. As your continued use of the application is an acknowledgment from you that you have read, understood and accepted the terms and conditions of these Terms of Use. In the event that there is any incomprehensible part of these Terms of Use or any services provided on Howwe’s application, please contact us.
Definitions
Platform\Application\We: This term means Howwe and this definition includes all forms of
the company, whether it
is a website or an application.
User\You: This term means the person who uses the Platform, visits it, registers with it,
or requests any
service through it, and who must abide by the terms and conditions of this Agreement. It should also be
noted that the word “you” may refer to more than one person.
Talent(s): term means every person who categorizes himself as an artist, talent, or Howwe
who has registered
on the Platform for the purpose of providing the Client with his\her services and performances.
Client: term means every person who uses the Platform for the purpose of obtaining the
Services provided by
the Talent.
Service(s): This term means every service that falls within the competence and the
capacity of the Talent
including the artistic works that are compatible with the regulations in force in the Kingdom of Saudi
Arabia.
Agreement: This term means these Terms of Use that includes various terms, conditions and
policies, including
terms and conditions and policies for Talents, terms and conditions for Clients, as well as the Privacy
Policy
of the Platform and any written, electronic or oral agreements or contracts.
Laws: This term means the laws in force in the Kingdom of Saudi Arabia.
Conditions for Clients Registration on the Platform 1. For Client to be registered on the Platform, he\she must have acquired full capacity, in accordance with the regulations in force in the Kingdom of Saudi Arabia. 2. Client must be at least 18 years old at the time of joining the Platform. 3. Client’s account name must be consistent with his\her official data, and it is forbidden to register under false, misleading, irregular or third party names. 4. The image used in the Client’s account must be his\her own, and it is prohibited to upload any images of third parties through the Platform. 5. Client must sign up on the Platform with his\her mobile number and e-mail, in order to be able to receive any notifications sent to him\her from the Platform. 6. Client must ensure, throughout his\her time joining the Platform, that all conditions and requirements mentioned in the Terms of Use, as well as all conditions and requirements stipulated in the applicable regulations, are met. 7. In the event that the Client loses any of the conditions of this clause, these Terms of Use will be null and void, with the application of all legal effects arising during its validity period on the Client. 8. Client is prohibited from registering on the Platform with more than one account, and all accounts will be deleted if it is found that there is more than one account. 9. Client must keep his\her username and password, and not disclose it to others, and in all cases the Client is committed to all transactions that take place through his\her account on the Platform. The Accuracy of the Information Provided to Us Client undertakes that all data and information on the Platform are true, correct, updated, complete and legal, and he\she is obligated to update his\her data in the event of change, and the Platform is not responsible for any incorrect information provided by the Client. The Provision of Services 1. The Platform connects the Talents with those looking for Talents Services, entertainment activities, and related services, in order to facilitate the provision of those Services to its seekers; Therefore, the Platform is not responsible for the quality of the Services provided by the Talents, nor for the results that these Services lead to, and the Talent alone is responsible for the work or Services he\she provides. 2. The Client chooses, through the Platform, the Talent he\she wishes to deal with, book the desired date, and complete the booking process, and then the Talent either accepts or rejects the request in the event that he\she is unable to provide the Service. 3. When choosing the Talent and before completing the booking process, the Client agrees to appoint a replacement for the Talent in the event that he\she (the Talent) is unable to come on the specified day, and that the Client shall choose from the proposals presented to him\her to appoint the replacement before completing the booking process. 4. Communication between the Talent and the Client takes place through the Service request page, which must include conversations, discussions, and the sharing of photos and videos are between the Talent and the Client in relation to the requested Service. Any communication or agreement between the Talent and the Client outside the Platform or any immoral uses is not considered. 5. The Client has the right to view the Talent’s data and his\her evaluations before applying for the Service. 6. The Client has the right to know the time of providing the Service and all related details that are agreed upon with the Talent before the implementation of the Service. 7. The Talent is obligated to set the prices of the services he\she provides, and the Platform has the right to change prices and set a higher\lower ceiling, and the Client has the right to accept or reject the price offered to him\her. 8. The Service begins as soon as the Client scans the QR Code of the Talent when starting the show and ends with the Talent scanning the QR Code of the Client when he\she completes the Service. 9. Both the Talent and the Client must abide by the time agreed upon in advance to provide the Service, and each of them bears responsibility for not complying with that, as if the time exceeds what was agreed upon, additional fees will be charged to the Client as per additional hours. In the event the time of the Service was reduced from what was agreed upon because the Talent refused to provide the full service, the fees for the remaining hours will be refunded to the Client. As an exception, if the Talent provided the full service in a time less than what was agreed upon, the Client is not entitled to any refund. 10. The Platform has the right to transfer the Service from one Talent to another according to the proposals that the Client previously specified, and the Client has no right to object to that or claim compensation. 11. The Client must clearly and properly specify the service required from the Talent, and in the event that the Client requests an unclear Service and the Talent provides it according to what was requested of the Client, then the Talent is not responsible for the result and the Client has no right to object to that or claim compensation. Service Prices 1. The Talent sets a specific price for his\her services, which is set on his\her page and will be visible to the Client when he\she (the Client) requests the Service. 2. The Client has the right to compare between the prices offered by the Talents and choose the most suitable price. 3. The Client must pay the Talent’s fees through the payment methods available on the Platform, and the Client is prohibited from paying the Talent’s fees through any other means outside the Platform, and therefore the Platform does not guarantee any payments made outside it and does not refund them. 4. The Client is prohibited from using incorrect or illegal means of payment, and in case he\she violates that, he\she bears the responsibility. 5. The Client knows that the Talent’s fees agreed upon during the Service request are fixed and final, and the Client has no right to request a reduction after submitting the request. Client Undertakings 1. Client must benefit him\herself from the provided Service, and he\she is prohibited from authorizing any other persons to benefit from these Services, and the Client will be fully responsible for any damages incurred as a result of violating this. 2. The Client is prohibited from communicating with the Talent outside the Platform in any way or providing the Talent with information to communicate with him\her directly or indirectly, and in the event that the Client violates this, the Platform has the right to delete the Client’s account. 3. It is prohibited to use the Platform for communication purposes, for the purpose of acquaintance, or for any other purposes not related to requesting or inquiring about the Services. 4. It is prohibited to use the Platform for the purposes of illegal communication between the parties, and it is also prohibited to use the Platform for the purposes of sending any illegal messages or containing abuse, wrongful words or other illegal content. 5. The Client must maintain the reputation of the Platform, not harm it directly or indirectly, and not cause any damages or legal claims to the Platform. 6. The Client shall notify us if any illegal practices or activities are discovered through the Platform. 7. The Client undertakes that all information and data provided by him\her are true, correct and verified, otherwise he\she is solely responsible for any damages that may arise as a result of the incorrectness of this information and data. 8. The Client must use the Platform legally and legitimately, and it is prohibited to perform any transactions or actions that would expose the Platform to legal accountability or judicial claims, whether from other Users or third parties. 9. The Client, while requesting the Service from the Talent, is obligated not to offend any person or entity or to use an inappropriate dialogue, and he\she is responsible for everything he\she writes. 10. The Client is obligated to treat the Talent in an appropriate manner, and it is forbidden to direct any abuse to the Client, and in the event of any dispute between the two parties, the Client must communicate with the Platform immediately. 11. The Platform allows the Client to evaluate the Talent after providing the Service, and the evaluation must not include inappropriate or offensive phrases to the Platform, the Talent, or others, and the evaluation expresses the opinion of its author and does not represent the Platform in any way and is the responsibility of its author alone not the Platform. The Platform has the right to delete any review that violates the provisions of this section or any other provisions of this Agreement. 12. The Client is obligated to provide the necessary assistance and facilities in the event that the Platform conducts any investigations regarding any use that we believe violates the provisions of this Agreement, violates the applicable regulations, causes legal disputes for the Platform, or harms any of the Users of the Platform. 13. The Client is bound by the terms and conditions of these Terms of Use, and in the event that he\she violates any of the provisions of this Agreement, the Platform has the right - without any prior notification - to delete the Client’s account, and it does not bear any compensation or obligation for that. The Platform is also entitled to claim compensation for any damages arising as a result of the Client’s breach of his\her obligations stipulated in this Agreement. Third Parties 1. We contract on the Platform with some other parties to support the Platform and operate it optimally. For example, we contract with an electronic payment service provider to secure the Client’s payment operations and provide multiple payment methods on the part of these contracting parties. We are also in the Platform contracting with websites and applications hosting agencies to store the content, data and the Platform completely to ensure its continuous functioning and without interruption or loss of content or data. 2. The User authorizes us to deal with the contracting parties on his\her behalf, and he\she is bound by all the contracts that we conclude with these parties and any usage restrictions, as the work of these parties has become an integral part of the work of the Platform, and if the User objects to contracting with third parties, this means that he does not want to take full advantage of the Platform’s Services. 3. We may change the contracting parties from time to time, for various reasons, and we may contract with new parties, and in these cases we will not seek your opinion or obtain your approval, but we will act on our own without the need to refer to you. 4. Sometimes we use non-contracting third parties to assist us in providing the Services, by connecting our services with them for common purposes, such as social media websites and applications. We may provide you links to sign up using your accounts in third parties’ websites and by clicking on them you will be referred to their website. These third parties have their own policies which may differ, in whole or in part, from our policies; Therefore, you should review these policies before using the services of third parties. 5. The Platform disclaims any legal responsibility for any errors, direct or indirect, intentional or unintentional, made by third parties who provide services through the Platform. You use the services of these non-contracting parties at your own risk. Platform Responsibility 1. The Platform’s work is limited to connecting the Talent with the Client, and the Platform does not provide Services itself. 2. The Platform is not responsible in any way for any unsatisfactory or delayed Service by the Talent, nor for any losses or malfunctions resulting from this Service, its lack of quality, or for the delay in providing the Service by the Talent. 3. The Platform is not responsible for any legitimate activities that are provided by the Talent in an illegal or irregular manner, or for any illegal activities that the Talent performs or provides to the Client. 4. The Platform shall not be liable for any claims arising from mistakes or omissions, whether direct or indirect. 5. The Platform is not responsible for any claim, dispute, damages or any liability arising directly or indirectly from the Talent. 6. The Platform disclaims its full responsibility for all communication processes, whether that take place inside or outside the Platform, in violation of this Agreement as the communication process between the parties takes place at their own responsibility. 7. The Platform may stop from time to time, and it may stop permanently, whether for voluntary or involuntary reasons and therefore you exempt us from any legal responsibility in the event of permanent or temporary cessation of the Platform or any of its Services. 8. The Client knows that no person or entity has the right to refer to the Platform for any claim or compensation regarding the Talent’s breach of any of his\her obligations mentioned in this Agreement, or in the event of his\her negligence, or any mistake in providing his\her Services because the Platform has an independent legal personality and the Talent alone is responsible for any breach of the Agreement or the applicable regulations. Restrict Access to the Platform In the event that the Platform finds that the Client has breached any of his\her obligations stipulated in this Terms of Use or violated the regulations, governmental decisions and rules relevant to the provision of Services, the Platform - without the need to notify the Client - has the right to stop, suspend or restrict the Client’s access to the Platform, or to restrict his\her registration. In this case, the Client is not entitled to claim any compensation or hold the Platform any responsibility for that. The Platform is also entitled to take all legal measures, and to inform the competent authorities of any violating practices by the Client, if required. Client Responsibility The Client undertakes to assume full responsibility towards the Talent or any third party and to protect the Platform from any damages that may occur to it as a result of his\her violation of the terms and conditions stipulated in this Agreement or any of the applicable regulations, and he\she is also obligated to raise and prevent any damage that may occur on the Platform as a result of claims, losses or Malfunctions or fees due to misuse of the Platform or violation of regulations and Agreement. Compensation 1. The Platform does not provide any kind of insurance or compensation to any of its Users, Talents or Clients, whether for damages arising from the fault of the Talents or Clients or from any negligence on the part of the Platform or its employees or those responsible for its operation. 2. The User is obligated to fully compensate the Platform for all material and moral damages arising from illegal actions that he\she performs through the Platform or arising in general from his\her use of the Platform, non-compliance with any of its terms and conditions, or non-compliance with applicable laws. Intellectual Property 1. The Platform and every relevant right are protected by intellectual property and trademark laws. It is the property of the Platform, and it is not entitled in any way to be infringed or to be used without the authorization of the Platform. 2. In the event that any of the Platform’s rights or intellectual property is violated, the Platform will take the necessary measures regarding these violations. 3. The Client is obligated, while benefiting from the provided Service by the Talent, not to violate any of the intellectual property rights of the Talent or any third parties. 4. The Platform bears no responsibility in the event of infringement of the intellectual property rights of Users, whether Talents or Clients. Legal Notifications 1. All legal notices required to be notified in accordance with Saudi regulations are sent through the means of communication provided to us by the Client, which include phone calls, SMS, or E-mail. These telephone or electronic notices replace all written notices required by law, and they are officially approved between the Platform and the Users. 2. Each User acknowledges that he\she waives any legal rights to receive any written notifications from the Platform, and acknowledges that the Platform is not obligated to provide written notifications and may replace them with telephone or electronic notifications in producing its legal effects as referred to above, and that it is considered before all official authorities. Data Protection You acknowledge and agree that your use of the Platform and the information you provided to us which we use, and store is subject to our Privacy Policy .. Cookies and Other Tracking Technologies We may use cookies and other technologies to facilitate and track your use of the Services offered on the Application. For more information on that please check our Privacy Policy . Applicable Law This Agreement is subject to all relevant laws and regulations in force in the Kingdom of Saudi Arabia. Complaints In the event that you encounter a problem or wish to file a complaint, you can contact us at ask@howwetalent.com. General Provisions 1. The Platform is the only party competent to interpret or explain the provisions of these terms and conditions, so you must contact us immediately in the event that any of these terms are not clear to you. 2. In the event that any provisions of these Terms of Use become invalid, it does not revoke the validity of the rest of the provisions of the Terms of Use, and they remain in effect until further notice. 3. The Platform reserves the right to change these Terms of Use from time to time, and we will inform you about any updates or modifications to these Terms of Use by publishing the Terms of Use indicating the date of the last modification or update. Therefore, please check these Terms of Use periodically for any changes. 4. If these terms are translated into any other language, the Arabic language will be the applicable language in all transactions.