Eletec, an ecommerce technology and services management company duly established under the laws of the Emirate of Dubai, commercial license number 727920 and whose registered office is located at PO Box 15721, Office 404 Al Wasl Business Towers, Port Saeed Dubai, (the “Eletec”), primarily operates and manages the Services marketplace platform KhidmaNow through a customer app, partner app and www.khidmanow.com known as (“Eletec”)(“KhidmaNow”)(“WebSite”).
The section headings in the Terms and Conditions are for convenience only and have no legal or contractual effect
The terms "We" / "Us" / "Our"/”Company” individually and collectively refer to Eletec and the terms "Visitor” ”User” refer to the users.
This page states the Terms and Conditions under which you (Visitor) may visit this website. Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.
ACCEPTABLE WEBSITE USE
(A) Free Registration to the KhidmaNow Marketplace
You need not register with KhidmaNow to simply visit and view the Website, but to access and participate in certain features of the Website, you will need to create a password-protected account ("Account"). To create an account, you must submit your name, mobile number and email address through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to KhidmaNow in providing you with a more customized experience when using the Website. You may also register for an Account using your existing Facebook account and log-in credentials (your "Third-Party Site Password").
You are solely responsible for safeguarding your KhidmaNow password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify KhidmaNow immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another`s Account without KhidmaNow permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.
You hereby expressly acknowledge and agree that you yourself and not KhidmaNow will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of KhidmaNow or others due to such unauthorized use.
An Account holder is referred to herein as a "Registered User."
(B) Booking an available service on website
Registered users can book for listed services on the website platform wherein the Vendors and vendors will be able to accept the booking and perform the services. The website will allow users to track their bookings, modify schedules, review and rate professionals. The users can make payments for the services on the website using any of the payments methods listed on the website and even pay cash to the Vendor. The website also allows cancellation of the bookings.
As a user in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user or a Vendor. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Vendor or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Vendor or a Service User from leaving Feedback.
KhidmaNow does not and cannot review every Posting posted to the Website. These prohibitions do not require KhidmaNow to monitor, police or remove any Postings or other information submitted by you or any other user.
(D) Prohibition with respect to services
While using the Website or booking service through Website, you shall not:
(B) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(C) General Rules
Visitors may not use the Website in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libelous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees, partners, vendors and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of www.KhidmaNow.com or their breach of the terms .
User agrees that neither Eletec Company nor its group companies, directors, officers, vendors, partners or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user`s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.
User further agrees that Eletec Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company`s total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Eletec Company, if any, that is related to the cause of action.
If you send or transmit any communications, comments, questions, suggestions, or related materials to KhidmaNow, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and KhidmaNow is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that KhidmaNow is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
KhidmaNow has high regard for intellectual property and expects the same level of standard to be employed by its users. KhidmaNow may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at firstname.lastname@example.org
(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit KhidmaNow to locate the material.;
(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
(iv) information reasonably sufficient to permit KhidmaNow to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."
KhidmaNow reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that KhidmaNow shall not be liable to you or to any third party for any modification, suspension or discontinuance of services.
You agree to indemnify and hold Eletec company, and its officers, managers, members, affiliates, successor, assigns, directors, agents, Vendors, suppliers, and employees harmless from any claim or demand, including reasonable attorneys` fees and court costs, made by any third party due to or arising out of the Termination of Service.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by KhidmaNow. Other trademarks, names and logos on this Website are the property of their respective owners.
Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. KhidmaNow reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
Users agree to pay the listed amount while booking for a service, however, in cases where a inspection is necessary before providing an actual quote. The customer and the vendor will mutually agree on a service fee. In case of a disagreement and service is not availed, user agrees to pay Vendor a “Visiting Charge” shown in the service details while booking the service, via the website online payment or by cash to the Vendor.
All fees are to be paid via the Website online payment system or by Cash to the Vendor post completion of the service.
Joining KhidmaNow, opening an Account, viewing posted Services, and booking a posted Services is free. KhidmaNow currently does not charge Users for transactions completed on the Website between Users and Vendors. KhidmaNow will charge a fee to Vendors (which shall also include Value Added Tax(“VAT”) if applicable).
a purchase or register for a fee-based service. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that KhidmaNow may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. KhidmaNow reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion, to recover such outstanding amounts.
You understand that we are acting solely as an intermediary between user and a vendor wherein a user is using KhidmaNow platform to engage a vendor for a service. Any amounts offered by vendors are excluding taxes. Final billing will incur an applicable VAT as per the tax regulation in the state.
OFFERS AND DISCOUNTS
The Company may offer time to time different promotions including advance cash back, discount vouchers, Buy One Get One offers, Free Services. All offer are applied to the value of the order, excluding delivery costs, VAT and are subject to our Terms and Conditions as set for the offer.
The offer code must be entered in to the Voucher Code field on the basket page and applied for the discount to be deducted from the order. Unless stated discounts cannot be combined and only one offer can be applied to any order.
All promotions have an end date and all offers and vouchers have end date. The offer expiry date will be available in the Terms & conditions set for the offers.
Redemption rules vary from offer to offer and are subject to our Terms and Conditions as set for the offer.
Items already reduced in price, displaying a `Was` and `Now` price are also excluded from voucher offers.
Promotion can be amended or withdrawn at any time.
Please refer to the Refund Policy Document on the Website
NO PARTNERSHIP WITH THE VENDOR
Each Registered User hereby acknowledges and agrees that KhidmaNow is NOT a party to any oral or written agreement for Service between User and Vendor with regards to any Service offered, directly or indirectly, through the Website. All Vendors are independent contractors. Neither KhidmaNow nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other Each Registered User acknowledges, agrees and understands that KhidmaNow only seeks to provide a platform wherein the Service User and Vendor can be brought together and KhidmaNow itself has not role in the execution or provision of Services.
DISPUTES BETWEEN REGISTERED USERS
Subject to the provisions regarding disputes between Website participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and Vendor. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with Vendor.
You agree that since KhidmaNow only seeks to provide a platform wherein the Registered User and Vendor can be brought together and KhidmaNow itself has not role in the execution or provision of Services itself, KhidmaNow shall not be responsible or liable for any loss or damage, whether direct or indirect, of any sort whatsoever incurred as the result of any such transaction or dealings. if there is a dispute between participants on the website, or between registered users or vendor, you acknowledge and agree that KhidmaNow is under no obligation to become involved. in the event that a dispute arises between you and one or more website users, registered users or any third party, you hereby release KhidmaNow, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the website or any service provided thereunder.
Aspects of the Website and other KhidmaNow services may be supported by advertising revenue. As such, KhidmaNow may display advertisements and promotions on the service. The manner, mode and extent of advertising by KhidmaNow on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by KhidmaNow of any advertised products or services. You agree that KhidmaNow shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.
The Website may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Website using your existing account and log-in credentials for such third-party websites. Certain areas of the Website may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Website to be shared with your contacts in your third-party site account. Because KhidmaNow has no control over such sites and resources, you acknowledge and agree that KhidmaNow is not responsible not liable for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Website, links to third-party sites should in no way be considered as or interpreted to be KhidmaNow endorsement of such third-party sites or any product or service offered through them.. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.
You agree that your use of the Website shall be at your own risk. To the fullest extent permitted by law, and KhidmaNow and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, Vendors, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this website, the services offered on or through this website, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this website, including without limitation the materials, data and submitted content of other users of this site or other third parties. unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this website, the services offered on or through this website, data, materials, submitted content, and any information or material contained or presented on this website is provided to you on an "as is," "as available" and "whereis" basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. KhidmaNow does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the website or submitted content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, any interruption or cessation of transmission to or from the website, any defamatory, offensive, or illegal conduct of any third party or service user or Vendor, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the website or submitted content posted, emailed, transmitted, or otherwise made available via the website.