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TERMS & CONDITIONS

The terms "we", "us", "Company" and "Fanadak.com" refers to Leader Al Ahli Gen.Trading Co, Kuwait Limited Partnership having its registered office at Block 3, Street 4, Salmiya.Kuwait, its affiliates and/or their respective suppliers and providers ("Fanadak.com"), and "you" refers to the individual person creating an account with us and/or the customer booking a reservation though us directly through this website, or indirectly through any of our affiliates through whom we provide services. This website is offered to you and is conditioned on your acceptance without modification of the terms, conditions and notices contained herein as they exist at the time the reservation is made. All use of your account by you and utilization by us of the information related to your account together with reservations you book through us are subject to the following terms, conditions and notices. Your use of this website constitutes your agreement to all such terms, conditions, and notices. If you do not agree with these terms and conditions then you are not authorized to use this website. Fanadak.com may extend the benefit of the arrangements in this agreement to its affiliates which offer an online travel service under the Fanadak.com name in the Republic of Ireland.
 
PERSONAL AND NONCOMMERCIAL USE LIMITATION 
 
This website is for your personal and non-commercial use. The content and information on this website (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to Fanadak.com or its suppliers and providers. Accordingly, as a condition of using this website, you agree not to use this website or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or services purchased through this website, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this website. In addition, whether or not you have a commercial purpose, you agree not to: 
 
•   access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Fanadak.com, .; 
•   violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website; 
•   take any action that imposes, or may impose, in the discretion of Fanadak.com, an unreasonable or disproportionately large load on the Fanadak.com infrastructure; or 
•   deep-link to any portion of this website (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of Fanadak.com 
 
LIABILITY DISCLAIMER 
 
NOTHING IN THIS AGREEMENT SHALL, NOR SHALL BE DEEMED, TO LIMIT OR EXCLUDE OUR LIABILITY FOR OUR FRAUD NOR FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE.
 
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, FANADAK.COM AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO HOTEL AND OTHER SUPPLIER PHOTOGRAPHS, HOTEL PROPERTY, CRUISE, AUTOMOBILE AND OTHER PRODUCT DESCRIPTIONS AND LISTS OF HOTEL AMENITIES AND OTHER PRODUCT DESCRIPTIONS DISPLAYED ON THIS WEBSITE, MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND FANADAK.COM AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FANADAK.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.
 
FANADAK.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY FANADAK.COM OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FANADAK.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
 
THE CARRIERS, HOTELS AND OTHER SUPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR FANADAK.COM ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF FANADAK.COM OR ITS AFFILIATES. FANADAK.COM AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. FANADAK.COM AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
 
IN NO EVENT SHALL FANADAK.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FANADAK.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION.
 
You agree to defend and indemnify Fanadak.com, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by:
 
• you or on your behalf in excess of the liability described above; or 
• by third parties as a result of 
o your breach of this agreement or the documents referenced herein; 
o your violation of any law or the rights of a third party; or 
o your use of this website. 
 
NO UNLAWFUL OR PROHIBITED USE 
 
As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
 
LINKS TO THIRD-PARTY SITES 
 
This website may contain hyperlinks to websites operated by parties other than Fanadak.com. Such hyperlinks are provided for your reference only. Fanadak.com does not control such websites and is not responsible for their contents or your use of them. Fanadak.com's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
 
SOFTWARE AVAILABLE ON THIS WEBSITE 
 
Any software that is made available to download from this website ("Software") is the copyrighted work of Fanadak.com, its affiliates, and/or their suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
 
For any Software not accompanied by a License Agreement, Fanadak.com, . hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this website, is owned by Fanadak.com, its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
 
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
 
You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the KUWAIT. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to KUWAIT export restrictions.
 
 Conditions of use for discount codes
Discount codes ("Coupons") may be applied to pre-paid hotel bookings, excluding bookings at non-participating hotels whose list will be made available along with each specific Coupon.
Participating hotels are subject to change at any time.
Coupons with a discount in a specific currency (e.g. 10 KWD off) cannot be used for bookings paid for in a different currency.
If the discount is based on a percentage (e.g. 10% off), in case of booking of multiple rooms (i.e., when you books 2 or more rooms in the same booking) the discount only applies to the price of the first room included in the booking request.
For specific restrictions on use of Coupons please see the relevant Coupon communication. 
Only one Coupon per booking may be used. Usual booking terms and conditions apply and all bookings are subject to availability. Coupons cannot be sold or transferred.

All taxes, fees, charges, and surcharges are applicable to reservations made using Coupons. These charges must be paid at the time of the reservation or directly at the hotel and are your responsibility. Coupons have value only when redeemed in accordance with all terms and conditions of the offer. Coupons cannot be returned for cash or its equivalent.

Single-use Coupons will be deemed fully used once a qualifying reservation has been made and will not be returned or replaced and there will be no refund if a Coupon is redeemed in part. Multiple-use Coupons will be deemed fully used in accordance with the restrictions set out in the individual Coupon terms and conditions.

If the travel stay dates are changed after the use of a Coupon, then that Coupon will not apply to the changed travel schedule. Coupons may not be used for any previously purchased reservation. 
Coupons cannot be used by travel agencies affiliated to the Fanadak.com travel agency program.
Fanadak.com reserves the right to vary these conditions of use or to withdraw Coupons at any time.
 
TERMS, CONDITIONS AND WARRANTIES 
 
Tax Recovery Charge 
 
The tax charge on Fanadak.com Special Internet Rate hotel transactions is a recovery of all applicable transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that Fanadak.com pays to the vendors (e.g. hotels, etc.) in connection with your travel arrangements.
 
Fanadak.com is not the vendor collecting and remitting said tax to the applicable tax authorities. The vendors bill all applicable taxes to Fanadak.com and Fanadak.com remits such tax directly to the vendor. Fanadak.com is not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements.
 
Taxability and the appropriate tax rate vary greatly by location. Hotel.com’s actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel, automobile, etc. by our customer.
 
Service Fee 
 
These fees cover the costs incurred by Fanadak.com in servicing your travel reservation.
 
PAY NOW ONLINE OR PAY LATER AT HOTEL DETAILS
 
With certain hotels, you may be presented with the option to pay online immediately or to pay later at the hotel itself. If you select the option to pay online immediately, you will be charged the amount in the currency that you select immediately.
If you select to pay later at the hotel itself, the hotel will charge you in the local currency of the relevant hotel at the time of your stay. Tax rates and foreign exchange rates could change in the time between booking and stay. You shall provide the details of your payment card and the supplier or Fanadak.com will often have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing your credit card). Fanadak.com reserves the right to cancel your booking if full payment is not received in a timely fashion (please see Supplier Rules and Restrictions).
 
PRICES

The price of the travel services will be as quoted on the website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted.  Despite Fanadak.com’s best efforts, some of the travel services listed on the website may be incorrectly priced. FANADAK.COM EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. Fanadak.com is under no obligation to provide travel services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking.
 
CHANGES OR CANCELLATIONS 
 
You can change or cancel your lodging booking either online under your Reservations when signed into your Fanadak.com account, by emailing our customer services at info@Fanadak.com,.
 
You can change your guest name, bed type, smoking preference, special requests, accessibility options, room type, number of guests and travel dates at no charge to you by Fanadak.com. Lodging suppliers may impose other change and/or cancellation fees.  Charges vary by reservation, so please review your confirmation email for details.
 
 
You agree to pay any supplier required cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid hotel reservations.
 
You do not have an automatic right to cancellation unless such rights are provided by hotels under their specific rules and restrictions which are provided to you prior to booking. In the event that a hotel is unable to honour your booking, Fanadak.com will not be liable for any cost incurred due to relocation.
 
If you do not show for the first night of your reservation but plan to check-in for subsequent nights in the reservation, you must confirm the reservation with Fanadak.com no later than the original date of check-in to prevent cancellation of the whole booking. If you do not confirm the booking changes with Fanadak.com the whole booking may be cancelled and refunds will only be due to you in line with the Rules and Restrictions of the particular hotel, as notified in the booking process.
 
These terms and conditions may not be changed by any unauthorized person, including employees of Fanadak.com.
 



 
SECRET PRICES
Fanadak.com Secret Prices ("Secret Prices") are available to the following customers:
•         Fanadak.com Rewards members;
•         users who unlock Secret Prices on the website by subscribing to receive emails from Fanadak.com; and
•         users of the Mobile Application (as defined in these terms and conditions below).
Fanadak.com Rewards members – If you are signed in to your Fanadak.com account when browsing the website, you will automatically be shown Secret Prices on selected hotels where the "Your Secret Price" banner is displayed.
Email subscribers – If you are browsing the website and you are not signed in as a Fanadak.com Rewards member, you can still unlock Secret Prices by subscribing to receive emails from Fanadak.com. Click 'Unlock now' where Secret Prices are mentioned on your hotel search results and enter your email address to do so. Your search results will then show Secret Prices on selected hotels where the "Your Secret Price" banner is displayed. If you have previously subscribed by email, we may remember you depending on your browser settings and the amount of time since you subscribed, in which case your Secret Prices will already be displayed. By providing your email address, you agree to receive great deals and sale alerts via email, although you can unsubscribe at any time by clicking the 'Unsubscribe' link on one of our emails. If you unsubscribe, you will no longer get access to Secret Prices via this method unless you re-subscribe.
Mobile Application users – When using the Mobile Application, you will automatically be shown Secret Prices on selected hotels where the "Your Secret Price" banner is displayed. A user of the Mobile Application will not see Secret Prices when accessing the website via other platforms, unless they are signed in as a Fanadak.com Rewards Member or have subscribed to Fanadak.com by email. 
TRAVEL DESTINATIONS 
 
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Fanadak.com urges passengers to review travel prohibitions, warnings, announcements and advisories issued by their country’s relevant foreign office. 
 
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, FANADAK.COM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
 
MODIFICATION OF THESE TERMS AND CONDITIONS 
 
Fanadak.com reserves the right to change the terms, conditions, and notices under which this website is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of this website and its facilities.
 
GENERAL 
 
This agreement is governed by the laws of the , KUWAIT. You hereby consent to the exclusive jurisdiction and venue of courts in Kuwait, Texas, KUWAIT, in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
 
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fanadak.com as a result of this agreement or use of this website.
 
Fanadak.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fanadak.com's right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Fanadak.com with respect to such use.
 
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
 
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Fanadak.com with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Fanadak.com with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
 
Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.
 
Any rights not expressly granted herein are reserved.
 
USE OF FANADAK.COM WEBSITE 
 
The Fanadak.com website is provided solely to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this website in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this website (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all Kuwaitge of this website by minors under your name or account. You also warrant that all information supplied by you or members of your household in using this website is true and accurate.
Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse, suspicious activity, signs of fraud, or abuse of the travel services reservation facilities of this website may result in Fanadak.com cancelling any bookings associated with your name, email address, or account, and closing any associated Fanadak.com accounts. If you have conducted any fraudulent activity, Fanadak.com reserves the right to take any necessary legal action and you may be liable for monetary losses to Fanadak.com, including litigation costs and damages.  To contest the cancellation of a booking, or freezing or closure of an account, please contact customer service.
 
 
SUPPLIER RULES AND RESTRICTIONS

Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these terms and conditions carefully. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in Fanadak.com debiting your account for any costs Fanadak.com incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website.
 
GROUP BOOKINGS
 
You may not book more than 8 rooms online for the same hotel/stay dates.  
CURRENCY CONVERTER 
 
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the Currency Converter for the day that currency was last updated. The information supplied by this application is believed to be accurate, but Fanadak.com, its affiliates, and/or their suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, Fanadak.com advises the customer to consult a qualified professional to verify the accuracy of the currency rates. Fanadak.com, its affiliates, and/or their suppliers do not authorize the use of this information for any purpose other than personal use and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
 
USER REVIEWS, COMMENTS, PHOTOS AND CONTENT
 
Fanadak.com may display reviews, comments, photos and other material in relation to hotels as well as other holiday and travel experiences ("Reviews"). Fanadak.com may also offer a facility allowing users of this website to post Reviews ("User Reviews"). You disclaim any proprietary rights you may have in such User Reviews, and the same may be freely used, copied, distributed and made available in any medium and in any form by Fanadak.com or its affiliates without your permission. Where this posting facility is offered, you expressly agree only to submit User Reviews that are appropriate to that service, complying with these terms and conditions and also any accompanying guidelines made available on this website. You grant Fanadak.com and its subsidiaries and corporate affiliates (collectively, the "Fanadak.com Companies") and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, the "Fanadak.com Affiliates"), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Reviews throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such User Reviews. You acknowledge that the Fanadak.com Companies may choose to provide attribution of your User Reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such User Reviews may be shared with our supplier partners. You further grant the Fanadak.com Companies the right to pursue at law any person or entity that violates your or the Fanadak.com Companies' rights in the User Reviews by a breach of these Terms of Use. You acknowledge and agree that User Reviews are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your User Reviews and agree that you have no objection to the publication, use, modification, deletion or exploitation of your User Reviews by us, the Fanadak.com Affiliates or any of our partners or licensees.
 
Specifically, by using such a service, you represent and warrant that:
 
•   you own or otherwise control all of the rights to the User Reviews that you post; 
•   as at the date of posting, the User Reviews submitted are accurate; 
•   User Reviews that you supply do not breach any Fanadak.com terms and conditions of use, guidelines or policies (as applicable from time to time); 
•   you will not intentionally or recklessly post information that could cause injury or offend any person or their business and in particular: you will not post any comments, information or material that is untrue; malicious; defamatory; abusive; obscene or could reasonably be taken as such; 
•   you will not act in any way to deceive or mislead and will not engage in or encourage any fraudulent or illegal activity; 
•   you will not to post or distribute any information or material that is owned by any third party without the express written consent of such party to do so; 
•         All photos submitted are subject to our photo submission guidelines
 
Fanadak.com claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.
 
Fanadak.com does not edit Reviews or User Reviews submitted and to the fullest extent permitted by law will not be in any way responsible or liable for such Reviews or User Reviews or their subsequent posting, use or distribution. In addition, Fanadak.com does not verify, endorse or approve the views or comments expressed in any Reviews or User Reviews which are the personal views of the individuals submitting them. Any decisions made on the basis of reviews or comments appearing on the service are taken at your own risk. From time to time Fanadak.com may offer customers incentives to leave User Reviews (i.e. discount coupon, entry into prize draws etc.). It is important to us that User Reviews are impartial and honest; these incentives will be available to customers regardless of whether the User Review is positive or negative.
 
Fanadak.com reserves the right for any reason in its sole discretion to refuse to post or remove (without notice) any Reviews or User Reviews. Amongst other things, this includes situations where Fanadak.com receives a third party complaint and/or has reason to believe that there has been a breach of these terms and conditions.
 
If you have a complaint about any reviews, comments or material posted on this website you should put such complaint in writing (giving as much information as possible about the circumstances) to: info@Fanadak.com. 
 
Note that Fanadak.com reserves the right to ask for further information in relation to nature of such complaint and, if necessary, may ask you to verify your identify.
 
 Photo Submission Guidelines
 
Any photos you submit must be:
 
•         On topic – All photos must be relevant to accommodation, restaurant, location, or general travel experiences.
•         Community/family friendly –
Ø  Do not submit any photos or materials that are illegal, obscene, pornographic, profane, vulgar, offensive or insulting. 
Ø  Do not submit photos or materials that invade the privacy or violate any personal right of any person or entity.
Ø  Do not submit photos or information about children or any third parties without their consent (or their parent’s consent in the case a of a child under 13 years of age).
Ø  Children under 13 may not submit photos or other materials.
•         Original – You may only submit your own photos.  Do not submit photos from any other source (personal or commercial).  Do not submit photos that infringe the copyright, trademark, or other property right of any third party.
•         Non-commercial – Do not submit photos that include logos, branding, promotional material, or any other content intended for commercial purposes.
•         No harmful files – Do not submit photos that contain viruses or other harmful code that is either intended or may result in damage to the computers and systems of Fanadak.com and/or those using it.
•         File properties: No individual photo may exceed 5MB file size. Photos submitted must be either .jpg, .bmp, .gif or .png format.
•          NOTICE OF INFRINGING MATERIAL
•         If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information.  Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.  
•         1. A clear identification of the copyrighted work you claim was infringed. 
•         2. A clear identification of the material your claim is infringing is on the Website, such as a link to the infringing material. 
•         3. Your address, email address and telephone number. 
•         4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law." 
•         5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." 
•         6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 
•          
•         You may send us your notice by email to hotels-info@Fanadak.com, •         If material you have posted has been taken down, you may want to seek legal counsel prior to doing so.  Please include the following details: 
1. Identification of the specific content that was removed or disabled and the location where that content appeared on the Website. Please provide the URL address if possible.
•         2. Your name, mailing address, telephone number and email address.
•         3. A statement that you consent to the jurisdiction

•         4. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.” 
 
ACCOUNT TERMINATION
 
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Fanadak.com has adopted a policy of terminating, in appropriate circumstances and at Fanadak.com’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Fanadak.com may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
 
COUNTER-NOTIFICATION
 
Fanadak.com does not tolerate false claims of copyright infringement.  If you believe that content that you posted to our site was mistakenly removed due to a false claim of copyright infringement, then you can submit a DMCA Counter-Notice. When we receive a properly completed counter notification, we will forward it to the complaining rights owner.  To file a counter notification with us, you must provide a written communication by fax or regular mail that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content is not infringing the copyrights of others.  If you are not sure whether certain material infringes the copyrights of others, then we suggest that you first seek legal counsel. 
 
To expedite our ability to process your counter notification, please send us your notification using the following format:
 
1. Identify the specific content that was removed or disabled by mistake.  Indicate where that content appeared on Fanadak.com’s site.  Please provide the URL address if possible.
2. Provide your name, mailing address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Fanadak.com, . may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”
4. Sign the paper.
5. Send the written communication to the following address:
 
Reservation of Rights
 
You acknowledge that all intellectual property rights, title to and interests in the Mobile Application and the Content belong to either Fanadak.com or our suppliers and providers. These rights are protected by laws and treaties around the world. All such rights are reserved.
You acknowledge that you have no rights in, or to, the Mobile Application and the Content other than the limited right to use these in accordance with our Policies.
 
You acknowledge that the Mobile Application and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the KUWAIT. You agree not to export or re-export the Mobile Application, directly or indirectly, to any countries that are subject to KUWAIT export restrictions.
 
Information about you and your use of the Mobile Application
 
We process information about you in accordance with our Privacy Policy. By using this Mobile Application, you consent to such processing so please read our privacy policy carefully. 
 
As further described in our Privacy Policy, the Mobile Application will automatically collect information about:
 
1. how you use the Mobile Application;
2. which Content you access;
3. technical errors or problems which the Application may encounter while being used.
4. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information.
 
When you use the ‘find hotels near you’ feature of the Mobile Application, we use available geo-location data from your device using GPS or cellular network data to determine hotels near your location. Although this information is collected anonymously, this information may reveal to us your precise or approximate location for the Mobile Application. We only use this information to locate hotels, as further described in our Privacy Policy. We do not collect location data through the Mobile Application unless you activate the ‘find hotels near you’ feature within the Mobile Application. By using the ‘find hotels near you’ feature you acknowledge, agree and consent to Fanadak.com using the aforementioned location data to provide Content and services relevant to your location through the Mobile Application. Sharing of location data through the Mobile Application can be switched off at any time in the settings menu. 
 
Termination
 
Fanadak.com may terminate these Terms of Use immediately by written notice to you if:
 
You commit a material or persistent breach of these Terms of Use; or
Fanadak.com, at its sole discretion, decides to withdraw the Mobile Application whether in whole or in part.
 
Upon termination for any reason:
 
1. all rights granted to you in the Mobile Application or Content under these Terms of Use shall cease;
2. you must cease all use of the Mobile Application and Content; and
3. you must delete or remove the Mobile Application from your device.
 
These Terms of Use are binding on you and us, and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of these Terms of Use, or any of your rights or obligations arising under these Terms of Use, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms of Use, or any of our rights or obligations arising under these Terms of Use, at any time during the term of these Terms of Use.
 
If we fail, at any time during the term of these Terms of Use, to insist upon strict performance of any of your obligations under these Terms of Use, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms of Use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing