As the advertising company is an institution with a specific commercial character and specialized in the field of software publishing, public relations activities, and operating websites or electronic portals and applications, its also includes operating an electronic market so that the licensed products and services provided by the second party are displayed to the public and announced through “Lama” application, which it owns by the first party, which targets the audience within the Kingdom of Bahrain, and the possibility of targeting the audience of the Gulf, the Arab world, and countries of the world in the future, and since the second party, the “service provider,” is a company or individual duly licensed by the concerned authorities to practice its activity in the field that mentioned above, and wanted to entrust the task of booking appointments and marketing operations for its services and products to the first party, through “lamma” application, for organizing events and advertising its services and products. Therefore, the second party, acknowledges with its full and clear knowledge that “Lammah” application is not exclusive to its services and products that are provided in it, and that it has the right The advertising to other products and other services to companies, entities, bodies, and it is not responsible for bringing customers to it. Since the second party desires the services provided by the first party, the will of the two parties converged to conclude this contract between them, and after Both parties acknowledged their legal capacity to contract and act, and they agreed to the following: –
The previous preamble and the annexes attached to this contract which are signed between the two parties shall be an integral part of this contract and reveal the intention of the contracting parties and the basis of the contract between them, and it is considered complementary to the contract.
The first article: Obligations of the first party “the publishing company”:
First: It is committed to developing a business line that allows the service provider to benefit from the following electronic services, which are specified exclusively through its own application called “Lamma”:
Establishing an online store for the service provider on “Lamma” application to enable the latter to display and sell its products and services and announce the savings offered by it from time to time.
Communicating with the clients of the second party in the event that they submit any complaints or suggestions and conveying them to the service provider.
Providing the feature of displaying requests and reservations submitted through the application by customers of the service provider, through a control panel for the latter.
Second: provides the service of delivering products displayed on the online store to the service provider in the Lammah application in the event that the service provider wishes to benefit from this service and request it, and since the fees for this service are paid by the customer requesting the product, this service is provided according to a work schedule determined by the first party and to which the second party is committed.
Third: It is agreed between the parties that the publishing company has the right to carry out the work agreed upon in this contract by itself or by a representative, provided that they shall be experts and specialists in the agreed upon field of work.
Article Two: Obligations of the Second Party “The Service Provider”:
First: The service provider is responsible that the content of his online store shall include the following matters:
1- The products or services that are actually available with it and that it wishes to display through Lamma application, and to provide an accurate and comprehensive description of the product or service and a clear picture showing all its details and related to the product or service displayed within its online store.
2- Determining the correct price for the product or service for the first party to add it to the online store, bearing full responsibility for the prices it sets. In the event that it changed its prices, or wishes to add or remove some of its products or services through Lamma application, it shall notify the first party of this via e-mail.
3- The service provider bears full responsibility for maintaining the confidentiality of its online store account data and his customers information that orders his service or product on his store.
4- It is obligated to provide information on products and services according to the times when they are available with it. In the event that the customer has booked an appointment and the time has been reserved in a previous date, or the service or product is not available to him, then it is obligated to compensate its customer for this error, and it is also obligated to provide the availability information for the products and services it provides through its online store in order to comply with a specific time in delivering the order or providing the service.
5- It is obligated to issue the powers and licenses required for the validity of the products and services it provides and which need to be practiced or sold under specific licenses from the concerned authorities. Therefore, if it sells a product or provides a service without holding its license from the competent government authority, it shall be the one who bears criminal and civil liability for that.
6- It is obligated to provide correct and detailed information about its products and services to the publishing company and through its own store in the application. In the event of changing that information, it shall inform the publishing company of this, and update its information through its online store in the application, and accordingly, if it deceives or hides some information or cheats in its services and products, it shall alone bear the legal responsibility for this and compensates the publishing company any material or moral losses as a result of its illegal behavior.
7- It is obligated to offer discounts and savings offers on its products and services from time to time, and these offers shall only be for Lamma subscribers.
8- It is committed to taking all preventive and health measures and precautions in force in the Kingdom of Bahrain to combat the infection of the Covid-19 virus.
9- It is obligated to provide its own number for direct communication with it by the subscriber of Lamma application who has previously requested a service or product from it, in the event that a complaint is submitted or the latter desires to change the request or service or recover an amount, or in the event that the service or request is damaged.
10- It is obligated to adhere to the work schedule for delivery of orders determined by the first party, and accordingly, any delay by the second party in processing orders will bear any additional delivery fees and any compensation for damages that may occur as a result of its delay to the first party or the customer requesting the product or service.
11- committed to providing and delivering services on the date chosen by the customer through his online store, and that for any delay in providing and delivering the service to the customer, the service provider bears compensation for it, whether it is for the customer or the advertising company.
Second: scheduling appointments for the customer requesting the service from the service provider’s online store on the application, according to its business times and providing the service after completing the reservation process.
Third: The service provider is obligated to return the product, exchange it, or refund its value, and it also applies to services, without any additional cost, at the request of the customer in the event that the product or service is defective or not provided in the required and agreed upon form, or if they were not identical to what had been requested or booked through the application, or if they did not match the specifications specified through the online store of the service provider.
Fourth: The service provider shall be responsible for all commercial transactions that are carried out through the electronic application “Lammah”, and in the event of breaching this liability, the first party (the “publishing company”) has the right to claim with compensation for the damages that may arise from those violations.
Fifth: The service provider shall be responsible for guaranteeing defects in the products and services that it presents to Lamma application through its online store, and accordingly, it shall be solely responsible for any kind of compensation for its customers and for the publishing company.
Sixth: The service provider shall be responsible for all data and updates it adds to the content of its online store, including maintaining the confidentiality of its customers’ information and data.
Seventh: The service provider is obligated to verify its products and services. It is not entitled to display products that violate the laws and regulations in force in the Kingdom of Bahrain. It also acknowledges that it is not entitled to display products that contain, for example, intoxicating or narcotic substances, or materials containing herbs or products or medical services without taking the required license from the designated authority, and it is also obligated not to display products that contain religious or ideological symbols or materials that incite violence or racial discrimination, or discrimination according to color, gender, or age, or contain pornographic materials and other prohibited materials under the law.
Third article: Contract term:
The term of this contract shall be one calendar year, subject to renewal, starting from the date of the approval on this agreement, and it shall be renewed for a similar term or terms unless one of the parties notifies in writing about its desire not to renew it, by notifying the other party with a registered mail without an envelope.
In the event that the second party (the service provider) terminates the work or desires to stop the work before the expiry of the contract term, it shall compensate the first party (the publishing company) for all the expenses it incurred in order to carry out the agreed work, and it has no right to claim with the remaining amount for the remaining period.
– The service provider acknowledges being aware that in the event of its termination of the contract or its desire not to renew the contract, the publishing company may take a maximum of 45 working days to remove its online store from the application due to the technical work required for removal, and therefore it has no right to file a complaint or to claim it for any compensation for not removing its application after the termination or expiration of the agreement unless after 45 working days of the termination.
Fourth article: Contract value:
The parties agreed that the first party is entitled to a service fee of 10% percentage if the advertising company is one of the holders of virtual records (Sijili) or khtwa or has a work-from-home license from the Step Center for Home Projects. and a service fee of 15% if it is one of the holders of records or companies. This includes every process of ordering or booking a promotional offer that the customer makes through the service provider’s online store in the application, This percentage is also subject to change, and if there is a desire to change the percentage of deduction from purchases, the service provider will be informed of this, and accordingly the publishing company receives the amounts paid through its own application and deduct its percentage from each request and send the remaining amounts of the requests that have already been completed to the service provider at the end of the month and specifically on date ……. From every month.
The registration fee in the application, are specified in the amount of …….., It is a fee that is subject to change. If you wish to change the fee, the service provider will be informed of that, which is determined for the subscription period previously specified in the third article.
The service provider understands that any technical problem on the part of the banks, Benefit or the application, which may lead to the delay in the service provider’s receipt of its amounts on the specified dates, are reasons beyond the control of the publishing company and it is not obligated to compensate it for the delay and to disclaim its liability for that.
Fifth Article: Liabilities of the Parties:
First: The liabilities of the publishing company: It is considered to be an electronic store or platform whose work is limited to displaying products and services for the benefit of the service provider. Therefore, the publishing company is not civilly or criminally responsible for any information contained in the application or program that belongs to others, and in the event that it became aware of any information that could lead to a legal issue, then it has the right to remove it from its application without referring to the service provider and obtaining its consent.
It also does not bear any responsibility for any dispute that may arise between the service provider and its customers, whatever the cause.
Second: The Service Provider’s liabilities: The service provider acknowledges its responsibility for all data, updates, delivery period, and provision of the service or product it adds to the content of its online store in Lamma application, including maintaining the confidentiality of its customers’ information and data and not using them for personal use.
The service provider acknowledges that it bears full responsibility in the event of a the delay in providing the service, or the delivery of a wrong request which is different from the order requested by the customer, or if the request or the provision of the service was below the required level, or if the product or service is defective.
Article Six: Confidentiality:
The two parties agreed and acknowledged that they would not disclose the secrets of the agreement concluded between them, and that neither party to the agreement has the right to misuse customer information or use it for personal purposes.
It is also prohibited for (the “Service Provider”) to use (the “Online Store”) in any way to promote products or services owned by other merchants without taking the written consent of the publishing company.
Article Seven: Termination:
The two parties agreed that if the service provider wishes to terminate its subscription to the agreed service before the expiry of the contract term in accordance with the third article, it shall notify the first party of that by notifying it with a registered mail 30 days before its desire to terminate. The publishing company shall also have the right to jointly claim all compensation from the service provider for any damage resulting from this termination.
Article Eight: Intellectual Property Rights:
The service provider acknowledges the full property rights of the first party, and the parties acknowledge that no action in this agreement constitutes a sale or transfer of intellectual property rights, and that this agreement is subject to all intellectual property laws enacted in the Kingdom of Bahrain.
Article Nine: Non-representation clause:
This agreement does not authorize the publishing company to consider itself as the entrusted, authorized or affiliated with the service or product provider. The work of the publishing company is limited to providing an electronic platform that allows marketing, display, coordination and appointment booking for products and services, and since any other obligations are not shown and clarified in this agreement, it shall not be considered among the obligations of the publishing company.
Article ten: Dispute Resolution:
Any dispute that arises between the two parties due to the implementation of the terms of this contract shall be subject to the laws in force in the Kingdom of Bahrain, and the competent judiciary to settle disputes between the parties is the Bahraini courts.
The two parties agree that in the event of a discrepancy between the Arabic version of the contract and the translated English version, the Arabic version of the concluded contract will be taken into concern.
This contract has been issued in two copies, each copy having the same force and effect, and the two parties acknowledge that their signature upon the agreement shall be deemed as a final approval of all its articles and each party has received a copy to act accordingly.
