By agreeing to the terms and conditions outlined in this agreement for subscribing to the website www.sakan.co or the Sakan mobile application, collectively referred to as the "Sakan platform," you confirm that you have read, understood, and accepted the terms of use (referred to as "Terms and Conditions) governing your access and use of the Sakan platform. In case of non-acceptance or disagreement with these terms and conditions, you are advised not to use the services of the website. Additionally, by using any part of the services, you agree to comply with any guidelines related to those services, which may change or be updated from time to time at our discretion.
1. Definitions:
- "Subscription" refers to the current subscription contract with its appendices and any subsequent modifications added by mutual agreement.
- "Sakan Platform" is the system (Sakan app and website) and @sakanonline accounts on social media platforms (Instagram, Twitter, Facebook, YouTube) owned by Sakan Global General Trading Company – sakan.co.
- "Provided Services" means the services outlined on the Sakan platform, chosen by the subscriber for marketing and operating their properties.
- "Subscription Period" refers to the specified duration of the subscription.
- "Notification" means a regular written document issued by either party and communicated by email to the other party.
- "Addresses" mean the addresses of the contracting parties in this Agreement.
- "Subscriber" means the second party wishing to subscribe to the first party.
- "Advertisement Policy" is the terms and conditions announced on the Sakan website (Sakan.co).
- "Unit" is a single property of various types (apartment, house, land, office, etc.).
- "Reservation" is an immediate booking with prior subscriber approval.
- "Featured Advertisement" is an advertisement displayed on the homepage and internal pages under the (Featured Ads) section.
2. Sakan’s Rights:
Sakan has full ownership rights, and it has the right to modify the Advertisement Policy without consulting the subscriber, as deemed necessary for business interests, without providing any justification. It is the subscriber's responsibility to review the modifications made by Sakan from time to time by checking them on the website or the app. Sakan has the right to remove and suspend any advertisement violating its Advertisement Policy, immediately without consulting the subscriber, while preserving all legal rights.
Sakan is not responsible for the general condition of the property, and the subscriber is obligated to provide accurate images of the properties intended for display on the Sakan platform.
Regarding the use of the photography services provided by Sakan, Sakan is considered authorized to take photographs and advertise the property unless notified otherwise. The platform or its representative should be informed to stop the photography, specify a new photography date, and complete the advertisement.
Sakan has the right to suspend the subscription in case the subscriber violates the terms and conditions.
Sakan is not responsible for the rights and obligations between the landlord and the tenant arising from the lease contract. The Sakan platform acts only as a marketer and collector, with no additional responsibilities. Once the lease contract is concluded, the relationship becomes directly between the landlord (subscriber) and the tenant.
The subscriber authorizes Sakan platform to deduct and collect the service fees owed directly from the amounts collected from the tenant for the benefit of the subscriber.
All amounts collected as a result of Sakan’s work shall enter Sakan’s account first, on the platform.
In the case of subscribing to Sakan Holiday, Sakan platform has the right to extend the grace period specified and determined by the subscriber according to the cancellation policy, provided that the total extension does not exceed the number of days set by the subscriber for cancellation.
Sakan has the right to deduct any fines or penalties from the subscriber resulting from violations of the terms and conditions or failure to fulfill obligations.
3. Subscriber’s Rights:
The subscriber can advertise their properties on the Sakan platform once the basic property information is complete, and the advertisement policy is accepted and approved by Sakan’s verification department.
The subscriber has the freedom to control the updating of property data and access all operations performed with Sakan through their account and control panel on the Sakan platform.
The subscriber has the right to receive the collected amounts along with the platform by requesting payment installments through the control panel in their account on the Sakan platform. This is done by a one-time bank transfer within a period ranging from one to three months, with a deduction from the agreed service fee.
The subscriber has the freedom to control the refund policy for reserved amounts in case the tenant cancels the reservation through their control panel.
The Subscriber has the freedom to control rental prices and update them on the subscriber's calendar in the control panel, ensuring alignment with the advertised prices for the same property on other platforms.
The subscriber has the freedom to modify the reservation cancellation policy through their control panel, and if not modified, Sakan will automatically activate the flexible cancellation policy.
4. Commitments of Sakan Platform (Website/Application):
- Sakan commits to advertising on the Sakan system for the properties of the subscriber according to the type of subscription and the service subscribed to when all property data elements are complete, and the subscriber agrees to the Sakan platform's terms and conditions.
-The Sakan platform commits to reviewing all data provided by the subscriber according to the standards and regulations that ensure the quality of the advertisement for the benefit of both parties.
- Sakan commits to managing the subscriber's account and providing support services in coordination with all internal departments of the company.
-The Sakan platform is committed to collecting rental amounts for the subscriber's properties, based on the properties specified and updated by the subscriber on their Sakan account.
-The Sakan platform is committed to transferring the collected amounts to the subscriber through bank transfer, with a maximum deduction of the service fee once every three months.
5. Subscriber's Commitments:
-The subscriber acknowledges having read and understood all the terms and conditions stated on the Sakan platform, agreeing without reservations to pay for the selected services.
-The subscriber commits to paying the invoices generated under this contract within ten days from the invoice issuance date.
-The subscriber is legally and ethically responsible for all advertised properties, ensuring the accuracy of the advertisement data. Sakan reserves the right to seek compensation for any material or moral damage resulting from the subscriber's property advertisement.
-This agreement serves as an official authorization from the subscriber to the Sakan platform and its employees to perform their duties, including photography services, with no liability on Sakan.
-The subscriber allows Sakan to place advertisements (posters, signs, "Sakan" logo, etc.) on the entrances, walls, and corridors of the advertised properties and under the subscriber's responsibility and management within the company's branches, free of charge, to facilitate access to their listed properties.
-The subscriber must comply with the terms and conditions outlined by Sakan and deposited on its website.
-The subscriber authorizes Sakan to sign contracts, agreements, and approve electronic reservations for the advertised property, as deemed appropriate to achieve the purpose of the advertisement.
-When agreeing to the terms and conditions, the subscriber agrees to pay a security deposit of (KD 100) to Sakan. This deposit serves as insurance for the contract's execution with Sakan and its tenants.
- The subscriber cannot cancel or modify a reservation after confirming it with the tenant. If the subscriber violates this, they are obliged to refund the reservation amount with a penalty of (KD 50) as a fine, not subject to judicial discretion.
-The subscriber must replenish the insurance amount to the agreed-upon limit whenever it decreases due to deductions for outstanding balances, with the remaining amount refunded to the subscriber upon the subscription's termination after settling all dues to Sakan.
-The subscriber undertakes to allow Sakan, access to the property intended for lease, for a period of two days during the contract period, with the specific dates to be determined later by mutual agreement to facilitate marketing efforts.
6. Subscription Duration:
-The subscription period is specified on the subscription packages page on the Sakan platform and is determined based on the chosen package by the subscriber. It starts from the approval date and automatically renews unless either party notifies the other of their desire not to renew at least one month before the subscription's end.
7. Subscription Fee:
-The subscription fee is clarified on the subscription packages page on the Sakan platform and is determined based on the chosen package by the subscriber. The subscriber is committed to paying this fee to Sakan Platform according to the terms.
-Sakan charges a service fee and a financial fee, amounting to 15% of each rental transaction for units listed in the Sakan Holiday service. This fee is deducted directly from the amounts collected for the subscriber by Sakan.
8. Subscription Termination
-The subscription ends upon reaching the agreed-upon term or for any legal reason. If the contract ends for any reason, the subscriber must pay the full dues to Sakan for the entire subscription period.
-Sakan has the right to terminate subscriptions if the subscriber breaches the terms and conditions, with the authority to recover all amounts due resulting from this subscription from any tracked amounts held for the subscriber. If the subscriber delays in providing the required data for the property to be displayed and does not fulfill all the requirements stipulated in the terms and conditions published on the Sakan platform, this is considered a breach by the subscriber.
-The subscriber has no right to demand a refund of the paid subscription fee.
9. General Legal Provisions
- The subscriber acknowledges that the addresses entered on the Sakan platform are legally considered for any correspondence, legal notices, and other matters.
- The subscriber agrees to use email as an approved means of communication between the subscriber and Sakan. In case of a change in the subscriber's address, the subscriber must inform Sakan by updating their information on the Sakan platform. Otherwise, their advertisement will be considered valid for the last-entered address on the Sakan platform
This subscription is subject to Kuwaiti laws to the extent not conflicting with Islamic Sharia, and Kuwaiti courts have exclusive jurisdiction over any disputes arising from this subscription. The addresses entered by the subscriber on the Sakan platform are considered their chosen domicile until the end of the subscription and are an integral part of it
- The subscriber commits not to disclose any oral or written information, clarification, or professional secrets acquired during dealings with Sakan throughout the subscription period. This encompasses matters directly or indirectly related to Sakan, including advertising methods, prices, procedures, etc., whether communicated verbally or in writing.
