Introduction

1. These terms and conditions (hereinafter referred to as "the Terms and Conditions") govern the contractual relationship between Hardy Company and the User of the Hardy System.

2. Your consent to register in the Hardy System is considered acceptance of these Terms and Conditions.

3. These Terms and Conditions and the invoices issued by Hardy Company are complementary to each other and should be read and interpreted together to organize the contractual relationship between the parties (hereinafter referred to as "the Agreement"). They replace any prior agreements or understandings between the parties. In the event of a conflict between these Terms and Conditions and the invoices issued by Hardy Company, the provisions mentioned in the invoices shall prevail concerning this conflict.

4. This introduction is an integral part of the Agreement.

Definitions of Terms

The following terms — wherever they appear in these Terms and Conditions — shall have the meanings assigned to them below, unless the context requires otherwise:

1. The Agreement: The definition provided in paragraph (3) of Article (1) of these Terms and Conditions.

2. Terms and Conditions: The definition provided in paragraph (1) of Article (1) of these Terms and Conditions.

3. The Parties: Hardy Company and the User of the Hardy System.

4. Hardy Application: The electronic application that enables clients of the Hardy System User to benefit from services and features offered on the application, such as "discount coupons" and "customer experience evaluation through surveys," according to the features mentioned in the electronic application.

5. Hardy Company: Hardy Marketing Company, a limited liability company with commercial registration number 112100500001419, with a capital of 100,000 Egyptian pounds, located in Beni Suef, Egypt.

6. Hardy System User or the User: The entities that use the Hardy System for marketing via the application or evaluating customer experiences to improve their marketing tools; they are subject to these Terms and Conditions.

7. Hardy System: An electronic platform that provides the Hardy System User the capability to market through the application or evaluate customer experiences to enhance their marketing tools, according to the features mentioned on the website: www.hardycx.com.

Scope of Service

Without prejudice to Article (12) of these Terms and Conditions, Hardy Company is committed to enabling the Hardy System User to access the system and benefit from its features in accordance with the details mentioned in the Agreement.

Coupons

1. The Hardy System User is obligated to specify the discount percentage for the coupons through the control panel to clarify the discount percentage equivalent to the number of points used by users of the Hardy Application.

2. The Hardy System User is obliged to accept the discount coupons and rewards provided by users of the Hardy Application and not to refuse them unless they are invalid for use due to expiration.

Integration with Systems

1. Hardy Company is committed to providing general integration codes and software (APIs) for the Hardy System User to connect their electronic systems with the Hardy System.

2. The Hardy System User is obliged to develop their electronic systems and integrate them with the Hardy System. If the Hardy System User wishes to obtain custom software (APIs) to connect the Hardy System with their electronic systems, the parties shall agree separately on this, including the agreement on the cost and method of developing the custom software (APIs).

Fees and Taxes

1. Hardy Company will issue monthly or annual invoices sent to the Hardy System User that include, for example, but not limited to: monthly or annual usage fees, setup fees, branch fees, or any other fees, and the Hardy System User is obligated to pay these fees via bank transfer to Hardy Company or through the Hardy System or any other method chosen by Hardy Company, after the end of the objection period mentioned in paragraph (2) of this Article.

2. Hardy Company shall deliver the invoices mentioned in paragraph (1) of this Article in accordance with the provisions of Article Eight of this Agreement at the beginning of each Gregorian month — if the invoice is monthly — or at the beginning of each Gregorian year — if the invoice is annual. The Hardy System User may submit a justified objection to these invoices to Hardy Company within five days of receiving them if the invoices contain arithmetic errors or similar issues. If the Hardy System User does not object to the invoices within the objection period, or if Hardy Company's decision is that these invoices are accurate, these invoices shall be considered accepted by the Hardy System User and are final and payable.

3. The Hardy System User authorizes Hardy Company to deduct and receive any fees due to Hardy Company or any bank fees from the value of the coupons sold to users of the Hardy Application.

4. Hardy Company shall not bear any taxes, governmental fees, or any amounts or compensations that the Hardy System User is obligated to pay according to the laws and regulations due to the use of the Hardy System.

5. If the government raises tax rates, such as increasing the value-added tax rate, Hardy Company may adjust the invoices to raise the tax amount, and the Hardy System User is obligated to pay the difference in the increased tax amount.

Registration Information

1. The Hardy System User is obligated to provide all necessary information for registration in the Hardy System, undertakes the accuracy and validity of this information, and is obligated to update it, bearing legal responsibility in case of its inaccuracy.

2. The Hardy System User is obligated to maintain the security and confidentiality of their login information for the Hardy System and bears full responsibility for all activities performed in their account before Hardy Company or others.

Communication and Notifications

1. The Hardy System User is obligated to appoint one or more employees as the point of contact between Hardy Company and the User and provide Hardy Company with contact information for this employee, ensuring its accuracy and validity. This employee shall be responsible for all matters related to the Agreement, including managing the User's account.

2. All notifications and correspondence between the parties shall be in writing and delivered personally or via email to the employee mentioned in paragraph (1) of this Article, or via the official email of the Hardy System User, or through the User's personal page in the Hardy System.

3. Notifications are considered received and effective as soon as they are delivered personally or via official mail and are considered received and effective as soon as they are sent if via email or as soon as they appear on the User's personal page in the Hardy System.

4. If the contact information for the employee mentioned in paragraph (1) of this Article changes, the User is obligated to update this information in the Hardy System and notify Hardy Company of this change immediately. If the User fails to do so, notifications sent to the contact information for the employee registered in the Hardy System will produce their legal effects against the User.

Limitation of Liability

1. The Hardy System User bears legal responsibility towards Hardy Company or users of the Hardy Application or others arising from the information and data they provide in the course of using the Hardy System, including but not limited to: information contained in their personal page on the Hardy Application, mistakes by their employees, errors in discount coupons and related data regarding discounts and offers, and publications created through the Hardy Application, and any information or data that violates laws and regulations, and any illegal use of others' rights, including intellectual property and trademarks, and Hardy Company shall not bear any legal responsibility resulting from these errors towards users of the Hardy Application or others.

2. Hardy Company shall not be liable for any breaches or technical issues that occur in the systems of the Hardy System User.

3. The Hardy System User releases Hardy Company from any damages arising from the suspension of the Hardy System or the Hardy Application for any reason.

Technical Vulnerabilities

The Hardy System User is obligated to ensure that their electronic systems are free from technical vulnerabilities that may lead to a breach of the Hardy System.

Trademarks and Confidential Information

1. Hardy Company may use the trademarks of the Hardy System User and the information and data provided for the use of the Hardy System for marketing purposes, including but not limited to: displaying the User's name or logo as one of Hardy Company's clients on its website.

2. Without prejudice to paragraph (1) of this Article, Hardy Company may collect and retain information about the User for the purpose of facilitating the business of Hardy Company and the Hardy System, including but not limited to: the User's name, email address, and general sales figures of Hardy System Users. Hardy Company may use this information to facilitate the business of the Hardy System and for general marketing purposes, provided that Hardy Company shall not use or disclose information considered confidential, such as the User's specific sales figures, unpublished financial information, and business plans and secrets (hereinafter referred to as "confidential information").

3. Hardy Company may allow its employees or associates to access confidential information to the extent necessary to facilitate the business of Hardy Company and the Hardy System, and Hardy Company shall ensure that its employees and associates comply with confidentiality obligations.

4. Hardy Company may allow its legal, financial, accounting, and professional advisors access to confidential information when necessary for consultation, in addition to allowing any entity with which Hardy Company discusses the potential sale or purchase of shares or assets, investment, acquisition, merger, partnership, or obtaining a loan or financial support, to access confidential information to a reasonable extent to achieve this purpose. In all cases, Hardy Company must ensure that those to whom it discloses based on this paragraph do not disclose the confidential information.

5. Hardy Company may disclose confidential information if compelled to do so by law, judicial order from a competent authority, or request from a sovereign entity.

Termination of the Agreement

1. If the Hardy System User breaches any of their obligations under the Agreement, including failing to pay the amounts due on invoices, Hardy Company shall notify them to remedy this breach within (15) business days. If the Hardy System User does not remedy the breach within this period, Hardy Company may suspend the performance of its obligations until the breach is remedied or terminate the Agreement, without prejudice to Hardy Company’s right to claim compensation from the Hardy System User for all material and moral damages resulting from this termination in addition to the amounts due on invoices in accordance with Article Six of these Terms and Conditions.

2. The Agreement shall terminate if one or both parties become bankrupt according to relevant laws and regulations, and the bankrupt party must notify the other party thereof.

3. The Agreement shall expire if both parties agree in writing to terminate it. In the event of any of the situations mentioned in paragraphs (a), (b), and (c) of this Article occurring, the Hardy System User is obliged to cease using the Hardy System and cancel the integration with it, and is obligated to fulfill their obligations under Article Six of these Terms and Conditions.

4. The occurrence of any of the situations mentioned in this Article does not constitute a condition for claiming any material or moral compensation according to the provisions of the Agreement or relevant laws and regulations.

Force Majeure

Hardy Company is exempt from fulfilling its obligations under the provisions of the Agreement if circumstances occur beyond its control that make it impossible to implement the provisions of the Agreement, including but not limited to: wars, riots, security disturbances, supply disruptions, fires, power outages, government laws and directives that explicitly prevent the implementation of the Agreement, and natural disasters such as earthquakes, floods, pandemics, and epidemics.

Ownership of the Hardy System

The Hardy System and matters related to it stored therein are exclusively owned by Hardy Company, including trade secrets and the software codes of the Hardy System, and it enjoys all associated rights. The Hardy System User may not use it for purposes other than those of the Agreement or sell it or modify it without written consent from Hardy Company.

General Provisions

1. If any provision of the Agreement becomes invalid or unenforceable according to laws and regulations or based on a ruling from a competent judicial authority, it shall not affect the validity of the remaining provisions of the Agreement, and the parties shall amend the invalid or unenforceable provisions adequately to make them enforceable.

2. If the Hardy System User fails to implement any provisions of the Agreement, and Hardy Company does not request the User to enforce this provision or notify them thereof, this shall not constitute a realistic or implicit waiver by Hardy Company of the Agreement or any of its provisions.

3. The Hardy System User may not assign the Agreement or transfer the associated rights without the consent of Hardy Company.

4. Hardy Company may amend these Terms and Conditions and is obligated to notify the Hardy System User of this in accordance with the provisions of Article Eight of these Terms and Conditions.

5. The Agreement is subject to the laws and regulations of the Arab Republic of Egypt. In the event of a dispute between the parties arising from this Agreement, the dispute shall be referred to the competent judicial authority in the Arab Republic of Egypt.

6. The Agreement does not constitute a partnership between the parties.

7. The date adopted in the Agreement is the Gregorian date.

Terms of Use and Conditions

Welcome to HARDY!

The HARDY website and application are owned by HARDY, which operates ("we" or "our") the HARDY mobile application (hereinafter referred to as the "Service").

Some terms may change or be updated based on local or international market requirements, or due to developments in Egyptian laws.

(Last updated: 1.10.2024)