Terms and Conditions
Using Kuwait Direct Investment Promotion Authority’s Online Portal
The following terms and conditions regulate the process of using KDIPA’s portal on the world wide web (internet) and its related services in order to allow the investor and his or her legal representative to complete and follow-up the investment license and the granting of incentives applications which are subject to the provisions of Law No. (116) of 2013 regarding the promotion of direct investment in the state of Kuwait.
The user is bound by these terms and conditions when using the authority’s portal for legitimate purposes and shall not use this service for any purpose that does not comply with the laws and regulations of the state of Kuwait.
When applying these terms and conditions, the following terms shall mean the existing interpretations corresponding to each of them unless the context of the text requires otherwise:
The Authority: Kuwait Direct Investment Promotion Authority.
The Portal: The authority’s online portal which serves as an entrance to several online services and information applications on the internet which aim at helping investors applying for the authority.
Investor/investors: The natural or legal person whatever his or her nationality.
License: The investment license issued in accordance with the provisions of Law No. 116 of 2013 regarding the promotion of direct investment.
The application/applications: the application submitted by the investor to obtain – depending on the cases – the license, the incentives or the integration of investment entities, according to the rules and regulations of each case.
The user: the investor, or his or her legal representative, who benefits from the online services offered by the authority on the online portal.
- Accepting the conditions of using the portal:
2.1 The user affirms to accept all terms and conditions provided for in this agreement when using any of the authority’s services through the online portal, or when authorizing others to access his or her account. The user affirms to accept adhering to the modifications that occur on the online portal without being notified. The authority may modify any of the terms and conditions anytime.
- Persons authorized to use the portal:
3.1 The user shall be the one authorized to use the portal’s services and shall be responsible for the transactions resulted from using any of them.
4- Signing up to the authority’s portal:
4.1 In order to sign up and log in to the authority’s online portal, the user shall:
- Filling the Application Request Form and applying for an account registration.
- Agree to the terms and conditions document to use the online portal
- Submitting the form.
4.2 The Emil address is considered the user name.
4.3 The user then choose the password
4.4 The response is sent within 3 working days to complete any changes if needed.
4.5 Once approved, the user can move to the next step which is submitting the application form.
- Times of service:
5.1 The authority offers its services through the portal around the clock except for times of maintenance and update. When this happens, a message regarding this matter appears on the main page of the portal. The authority shall not be responsible for information that fail to reach it due to temporary technical problems on the authority’s online portal, internet services or communications. It shall not be responsible for any losses or damages incurred by the user because of these technical problems.
- Working hours:
6.1 Working hours at the authority are Sunday to Thursday except for weekends and official holidays.
- Scope of application of user’s agreement:
7.1 The authority’s services shall continue until cancelled by the user or the authority. The authority may, according to its absolute discretion, change, suspend, add or modify all or any part of the services offered on the portal from time to time without prior notice nor assumed responsibility towards the user.
- Scope of Authority’s responsibility:
8.1 The user shall immediately notify the authority once he or she believes that someone has accessed his account without his permission. The authority is not responsible towards the user about any unauthorized use on his or her personal account.
8.2 The authority may stop or suspend the use of the user’s personal account on the authority’s portal once it suspects that the account has been used in an unauthorized manner even if it does not receive any notice from the user.
8.3 The user is responsible for all the transactions done by anyone using his or her personal username and password.
8.4 The authority shall not be responsible for any damages or losses incurred by the user as a result of incomplete transactions if the portal – despite the authority’s incredible efforts – is not working properly, or if any circumstances beyond the authority’s control impeded the completion of the transactions.
8.5 The authority shall not be responsible for any losses or damages of any sort that could be incurred by the user due to the use or the inability to use the authority’s portal because of failure in management, error in connection or in the system.
9.1 The user accepts that the password is secure and highly confidential and that it should be changed if believed that it is known by an unauthorized person. The authority’s personnel do not request users in any case to disclose their personal passwords.
10- Declaration of security procedures:
10.1 The user affirms to take full responsibility for any procedures done from his or her personal account on the authority’s portal and that the authority is not obligated to investigate them when issued by the authorized party and they are presumed correct once they are issued from the account.
10.2 The user affirms to act carefully to guarantee the safety of his usage or his authorized parties’ usages for the portal’s services.
- Application of the document’s terms and conditions:
11.1 The user agrees to be the only one responsible for notifying the authority immediately about all the changes that occur to the information mentioned in the application forms of the account creation and registration. The user further agrees to take responsibility of all unauthorized or incorrect instructions which the authority acts upon them through the portal’s services. The user shall agree to abide by all instructions and recommendations issued by the authority regarding the services offered through the portal.
11.2 The user shall authorize the authority to approve or approbate all the instructions or applications received from the user on the account.
11.3 The user agrees to bear all the consequences of his actions, information or applications through his or her personal account on the authority’s portal. The user is regarded as the only one responsible for ensuring the accuracy of entering his or her information regarding ….
11.4 The authority may – according to its absolute discretion – request the user to provide or confirm certain information in writing or as determined by the authority.
11.5 The authority shall not handle responsibility for any loss, damage, delay or costs in case the information entered by the user or the authorized party is incorrect, inaccurate, unauthorized or incomplete. The user will be the only responsible for any legal traced resulting from any loss, damage, delay or costs incurred by the user, the authority or any other entity due to incorrect, inaccurate, unauthorized, or incomplete data or information.
11.6 The authority may, according to its absolute discretion and without notifying the user nor holding any responsibility, refuse or delay the execution of the user’s applications for any reason, including for the example the following (with no limitations):
11.6.1 If the user’s data or the submitted applications are not compliant with the terms and conditions of this agreement or the relevant laws, regulations and decisions.
11.6.2 if the authority knows or suspects that the user’s data is not authorized.
11.6.3 if the authority knows or suspects a security breach in the user’s account.
11.6.4 if an error or a technical problem occurs during the user’s sending of information or in the authority’s portal’s services in general.
11.6.4 if the terms and conditions have been terminated by the authority pursuant to this document or any other agreement between the authority and the user.
12.1 The user, or whoever is authorized to access the user’s account, agrees that all the submitted data and documents are correct, complete and matching the original documents. The user has a joint liability for the accuracy of the submitted data and documents. In case of violation, each of them shall bear the consequences and responsibilities resulting therefrom and the consequences resulting from failure to comply with the correct data and documents.
12.2 All the authority records resulted from the use of the online portal shall be a conclusive evidence of the transactions’ accuracy. Under this document, the user will give an explicit authorization to the Authority to record the details of any transaction or application done through his or her account and to indicate this in its investment register.
12.3 The user affirms full acceptance of the Authority, in accordance with its discretion and regulations, to register any or all of the data, information and instructions received through the account in its records. The Authority may collect and save it as it deems necessary and appropriate in accordance with its internal regulations.
12.4 The user further affirms that the data, information and instructions saved in such manner may be relied upon by the Authority, disclosed in the prescribed circumstances and used as evidence in any relevant proceedings or otherwise.
- Applicable law:
13.1 These terms and conditions are governed by the laws of the State of Kuwait and are subject to the jurisdiction of the Kuwaiti courts.