Terms & Conditions

  1. Agreement to Terms and Conditions

1.1 Acceptance of Terms and Conditions

1.1.1 The website ‘www.midorikw.com’ is owned and operated by Midori Company WLL, trading as ‘Midori’. References to "we", "us", our", “the Company” “Midori Co.” “Midori Company” or "the website" are references to Midori Company WLL. We are a company registered in Kuwait and our registered office is:

Al Qibla, Block 6, Building 59, Floor 2, Office 21

1.1.2 Your use of this website is at all times subject to these Terms and Conditions as applicable to your use of the website and all applicable laws. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately. 

1.2 Changes to Terms and Conditions

1.2.1 We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the Midori Company WLL website after changes are made means that you agree to be bound by such changes.

1.3 Memberships and Billing

1.3.1 You can find the specific details regarding your subscription and purchases with Midori Company by clicking on the My Account section of the website.

  1. Website Use Terms and Conditions

2.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.

2.2 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.

2.3 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. In order to provide you with an easy-to-use service, Midori Company may place a 'cookie' (a small text file) on any computer you use to access the website. When you revisit the website, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.

  1. Copyright & Trademark

3.1 Copyright

3.1.1 This website and its content is copyright of Midori Company WLL. All rights reserved.

3.2 Trademarks

3.2.1 All trademarks, logos, images, product and company names displayed or referred to on this website are the property of their respective owners. Nothing on this website grants you any license or right to use, alter or remove such material.

3.3 User Material

3.3.1 In these Terms and Conditions, we use the term 'User Material' to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. It does not include the account information you provide when you register as a member or when you subsequently change that information.

3.3.2 This section of our Terms and Conditions sets out the rights and obligations that you and we have in connection with User Material. If you review or submit User Material you are agreeing to do so on these Terms and Conditions. If you do not want to review or submit User Material on these terms, then you should not do so.

3.3.3 We do not systematically review User Material submitted by users of this website. We are not responsible for the content of User Material. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.

3.3.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of this website, particularly where User Material breaches this section of the Terms and Conditions and we may do this with or without giving you any prior notice.

3.3.5 We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant to Midori Company WLL a non-exclusive, royalty-free, sub licensable, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that User Material in any media (including, but not limited to, our website and those websites which we operate by way of a 'white label' or 'co-branded' service for third parties).

3.3.6 We may link User Material or parts of User Material to other material, including material submitted by other users of the website or created by Midori Company WLL and/or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those in the website or to promote, market or advertise Midori Company WLL.

3.3.7 Each time you submit User Material to us, you represent and warrant to us as follows: (a) you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (including copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract; (b) your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive; does not encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law; and is not otherwise inappropriate; (c) your User Material does not advertise any product or service or solicit any business; (d) your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 12 and if User Material identifies any individual over the age of 12, you have that person's consent to being identified in exactly that way in your User Material; and (e) in submitting your User Material you are not impersonating any other person.

3.3.8 Links to other websites - From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

You may not create a link to this website from another website or document without Midori Company WLL’s prior written consent.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of Kuwait.

Once you have used these links to leave our site we cannot be responsible for the protection and privacy of any information, which you provide whilst visiting such sites and such sites are not governed by our privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

  1. Joining Us

4.1 We may refuse any application to join the subscription service of Midori Company WLL or receive our services for any reason whatsoever.

  1. Availability of Website

5.1. Although we aim to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.

5.2. Your access to the Midori Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email or phone.

  1. Purchase of Products

6.1 A one-off order is deemed to be submitted when you enter valid payment details into our website and confirm the order by pressing the relevant button on the web page. No order is accepted from you until our website displays an order confirmation message and you receive an email confirmation.

6.2 For recurring subscription orders, an order is deemed to be submitted if you have an active account on the date you are due to billed. We will give you warning in advance of any future billings via email and also in our My Account facility. You can make changes to any recurring subscription order by phone and must be one month in advance prior to your next scheduled delivery.

6.3 The facility and our communications to you in relation to any order will be in but not limited to the English language.

6.4 Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms and Conditions.

  1. Payments

7.1 Unless otherwise agreed in writing, payments shall be made in full by customers prior to dispatch of the goods (products).

7.2 If your payment details change, it is your responsibility to inform us, Midori Company of these changes.

7.3 In the case that a refund is granted, the funds will only be returned to the original account, or method that it has been paid in and in the original manner of payment. Midori Company accepts no liability for loss or inconvenience incurred in the time taken funds to be returned to an account. 

7.4 In no cases other than ones approved in writing by Midori Company, shall payments be paid in installments. All purchases and payments to be made and paid in full across all possible payment methods. i.e. cash, online transaction etc.

  1. Damaged or Defective Items

8.1 You must inspect the products on day of receipt and notify us within 3 days of any defects. We will replace you for defective products if notified of any damage or defects within 3 days of receipt and as long as they have not been used.

8.2 No liability in respect of Goods lost or damaged in transit will attach to the Company unless the Customer notifies the Company in writing within 3 days of delivery. It is the Customer's responsibility to check that Goods are received in good condition prior to signing the carrier's delivery note.

  1. Delivery

9.1 By default, we use different delivery methods to deliver products to you. Proof of delivery is not obtained. Actual delivery times may vary for you depending on;

i) our stock availability,
ii) your delivery address,
iii) when you make your selection, and
iv) circumstances impacting delivery.

9.2 You will not hold us responsible for any delays, outside our control, which relate to the delivery of the products.

9.3 It is the customer's responsibility to report all lost products within 3 days by contacting us. Customers are obliged to comply with Midori Company WLL’s process. Failure to comply with these processes is your responsibility.

9.4 If you change address, you must update your address details in the My Account section of the website to ensure that no products are sent out to the wrong address. Please ensure this is done in 14 days prior to take effect before you move as you will be liable for any products posted to the wrong location.

9.5 We reserve the right to cancel your subscription membership if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable. We also reserve the right to cancel your membership in response to abusive or offensive communication received from you, or where we suspect you are attempting or successfully subverting our anti-fraud measures.

9.6 If you are dissatisfied with any product you receive from us, please go to the Refund Policy section in this thread and contact our customer services team at info@midorikw.com or call us.

9.7 Any delivery dates given by the Company are estimates only and are subject to change. Whilst the Company will make every effort to meet the dates, no liability will attach to the Company for any delays or loss from failure to meet them. Time of delivery is not of the essence of the Contract.

  1. Use

10.1 You agree that you will not infringe any rights including intellectual property rights of any person including, without limitation, copying, reproducing or otherwise modifying any material provided as part of the Service.

10.2 All content and programming of the Midori Company WLL’s website is the property of Midori Company WLL. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Midori Company WLL’s website without written permission from Midori.

  1. Cancellations, Returns and Refund Policy

11.1 The Company will refuse to accept any Goods returned to the Company without prior permission. Custom-made or modified products are non-returnable.

11.2 Goods can only be returned by the Customer following authorization in writing from the Company. The Customer must return goods to the Company within 14 days of the date the goods have been delivered by the Company.

11.3 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these terms. If we terminate your use of our service as a result of a breach of any obligation under these terms, such termination would be immediate and without notice.

11.4 There are no refunds or returns on any of Midori Company WLL’s brands subscriptions. i.e. The Humble Co.’s brand under Midori Company WLL’s subscription cannot be refunded. Although you can cancel your subscription, you will not be refunded.

11.5 If you cancel you subscription, you will still have access to your subscription and the products in your subscription for the remainder of the time that you have already paid for.

11.6 If you have customized your subscription plan, you will get exactly what you have asked for. Any changes that you would like to your subscription must be brought to the attention of Midori Company at least one month prior to your next scheduled delivery. 

11.7 Our policy lasts 14 days. If 14 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

11.8 In the case you are eligible with the consent and approval of the Company for a return, your item must be unopened, unused and in the same condition that you received it. It must also be in the original packaging. To complete your return, we require a receipt of proof of purchase.

11.10 Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

11.11 If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

11.12 We will consider refunds for any products returned to us within 14 days of being notified of your concern. We reserve the right to refuse a refund on any product. Returns received after 14 days following your notification to us of a possible fault may not be eligible for a refund, at our sole discretion.

11.13 If a refund is missing or late, please contact us at info@midorikw.com or call us.

  1. Privacy

12.1 We collect personal information about you through your use of this website and our services. All information that we collect about you is subject to our Privacy Policy.

12.2 The provision of an email address by you to Midori via our website is taken as acceptance of any future email correspondence which includes, but is not limited to, transactional correspondence, member newsletters and Midori member promotional offers, which forms part of the subscription offering.

12.3 We would not share your personal information with other companies for marketing purposes and we would ensure that you could withdraw your consent to receive marketing correspondence about Midori offerings and/or other companies promotions by notifying us in writing or making use of the 'unsubscribe' feature in our emails.

12.4 As long as you remain a member/customer of Midori, you may not withdraw your consent to receive informative emails relating to important notifications, payment confirmation etc regarding your account.

12.5 We will never sell or provide your email data to third parties.

12.6 When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically collected information as “Device Information.”

12.7 Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card and/or debit card numbers), email address, and phone number.  We refer to this information as “Order Information.”

12.8 When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

12.9 We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations).  Additionally, we use this Order Information to:

 - Communicate with you;
 - Screen our orders for potential risk or fraud;
 - When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services;
 - To check that a credit card is valid, which is necessary to set you up as a customer and create a contract;
 - To record payments on your account;
 - To send you your products;
 - To communicate with you on Midori Company WLL-related matters such as delivery or account issues; and
 - To provide you with order and billing history information.

12.10 We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

12.11 We may also use Google Analytics to help us understand how our customers use the Site.

12.12 Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

12.13 As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.

12.14 Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

12.15 To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

12.16 Midori Company WLL is the company processing your personal data.

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@midorikw.com or by calling us.

  1. Promotion Codes

13.1 Any promotion code or offer provided on this site cannot be used in conjunction with any other promotion, past or present.

13.2 Each promotion code or offer may be used only once per customer. If more than one customer is registered at the same delivery address our promotion code or offer may only be used by one customer registered at that address.

13.3 Midori reserves the right to withdraw or terminate any of its promotion codes or offers at any time. If this happens, then the promotion codes or offers may not be used for any orders placed after the date of withdrawal or termination. Midori reserves the right to reject the use of a promotion code or offer where fraud is suspected.

  1. Disclaimer of Warranties and Limitations on Liability

14.1 Nothing in this clause (14) or otherwise in these Terms and Conditions shall exclude or in any way limit Midori Company WLL’s liability for;

i) Fraud or fraudulent misrepresentation
ii) Death or personal injury caused by its negligence.
iii) Where you are a consumer, for negligence, breach of contract or breach of statutory duty in respect of defective products sold through the website.
iv) Liability to the extent the same may not be excluded or limited as a matter of law.
v) Allergies or medical reactions.

14.2 This website and its contents are provided "as is" and on an "as available" basis and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the delivery of products, delivery or downloading of any content contained on the website, any costs, losses, expenses or damages arising from the use of the content provided on the website or any conduct by users of the website. We reserve the right to deliver products of content at our sole discretion. Subject to clause 14.1, we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.

14.3 Subject to clause 14.1, in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

14.4 All warranties, conditions, guarantees or assurances (whether implied by statute, common law or otherwise) are excluded to the fullest extent permitted by law and the Company makes no express or implied warranties or conditions whatsoever.

  1. Applicable Law

15.1 This website is controlled by Midori Company WLL. Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of Kuwait. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the Kuwaiti courts.

  1. Assignment by Us

16.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other party.

  1. Memberships are Non-Transferable

17.1 Midori Company’s memberships/subscriptions are not transferable and therefore cannot be sold or traded.

  1. No Waiver

18.1 If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.

  1. Force Majeure

19.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.

  1. Indemnity By You

20.1 You agree to indemnify and hold Midori Company WLL, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions or any violation by you of any applicable laws or the rights of any third party.

  1. Errors

The Company reserves the right to correct any typographical errors made by its employees, agents or servants. 

  1. Website Disclaimer

22.1 The information contained in this website is for general information purposes only. The information is provided by Midori Company WLL and whilst we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

22.2 This website and its content are copyright of Midori Company WLL

22.3 This version was last updated 15th September 2019.