Terms & Conditions

These Terms shall be considered an agreement between Khidmah and you with respect to the Services to be rendered against each Order placed on the App. These Terms set out the general terms and conditions of your use of the App and any of its products or Services.

         1)     Definitions:

1.1   Terms: Shall mean these terms and conditions, as may be updated, amended or supplemented on the App. 

1.2 Khidmah: Shall mean Khidmah Sole Proprietorship LLC; in its capacity as the owner of the App and provider of the Services. 

1.3    App: Shall mean an application owned and developed by Khidmah for the use of Customers for placing Orders and availing Services.   

1.4    Customer or you: Shall mean each and every customer browsing and Ordering Services on the App.

1.5    Order: Shall mean each respective order of a Service placed on the App. 

1.6    Services: Shall mean those Services provided on the App, as may be reduced, amended or supplemented from time to time. 

1.7    Intellectual Property Rights: Shall mean all rights connected with the App and Khidmah, including but not limited to, patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, content on the App, source code, object code, rights in get-up and trade dress, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. 

       2)     Accounts and membership:

As and when you create an account on the App, you are and shall remain responsible for maintaining the security and integrity of your account. You shall remain, at all times, fully responsible for all activities, requests and actions that occur under your account and any other actions taken in connection thereto. Providing false information, including but not limited to, contact information and descriptions, of any kind may result in the termination of your account. You must immediately notify Khidmah of any unauthorized use of your account or any other breaches of security. Khidmah will not be liable for any acts or omissions by you or any other person acting on your behalf or under your direction, including any damages or losses of any kind incurred as a result of such acts or omissions.

3)     Billing and payments:

3.1           You shall pay all fees and charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in Khidmah’s judgment, your purchase constitutes a high-risk transaction, Khidmah will require you to provide a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. Khidmah reserves the right to change Services and Services pricing at any time.  Khidmah reserve the right to refuse any Order you place with Khidmah. Khidmah may, in its sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same Customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event Khidmah makes a change to or cancels an Order, it shall notify you by contacting you by e-mail and/or billing address/phone number provided at the time the Order was made.

3.2            You shall be entitled to cancel an Order placed on the App free of charge if cancelled within a maximum of 24 working hours prior to the delivery of the respective Service. Orders cancelled less than 24 working hours to the delivery of a Service shall be subject to a 150 AED cancellation fee. You acknowledge and agree that the cancellation fee may be increased or decreased upon sharing an updated version of these Terms.  

        4)     Accuracy of information:

Occasionally, there may be information on the App that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers.  Khidmah reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information on the App or on any related Service is inaccurate at any time without prior notice (including after the date you have submitted your Order). Khidmah undertakes no obligation to update, amend or clarify information on the App including, without limitation, pricing information, except as required by law.

No specified update or refresh date applied on the App should be taken to indicate that all information on the App or on any related Service has been modified or updated.

5)     Third-party services:

5.1            If you decide to enable, access or use third-party services which Khidmah does not endorse, your access and use of such other services are governed solely by the terms and conditions of such other services, Khidmah is not and shall not be responsible or liable for, and makes no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Khidmah with respect to such other services. 

5.2            Khidmah shall not be liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites/apps. By enabling any other services, you are expressly permitting Khidmah to disclose your data as necessary to facilitate the use or enablement of such other service. 

        6)     Marketing & Advertisements: 

Khidmah reserves the right, at its sole discretion, to use your content, data, information, contact details or any other data disclosed, made available or uploaded on the App for its own marketing schemes, development plans or otherwise (“Data”). You shall grant Khidmah a perpetual, royalty free, exclusive, assignable and registerable right to use, market and disclose the Data in any manner it deems appropriate and necessary for Khidmah.  

        7)     Backups:

     Khidmah is not responsible for Data residing on the App. In no event shall Khidmah be held liable for any loss of any Data. It is your sole responsibility to maintain appropriate backup of your Data. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, Khidmah may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes or the purposes provided in Clause 6 above. Khidmah makes no guarantee that the Data you need will be available.

8)      Links to other websites

Although this App may be linked to other apps/websites, Khidmah is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website or app, unless specifically stated herein. Khidmah is not responsible for examining or evaluating, and does not warrant the offerings of, any businesses or individuals or the content of their websites or apps. Khidmah does not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from the App. Your linking to any other off-site websites or apps is at your own risk.

9)     Content:

9.1         All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the App is owned, controlled or licensed by or to Khidmah, and is protected by trade dress, copyright, patent and trademark laws, and various other Intellectual Property Rights and unfair competition laws.

9.2         Except as expressly provided in these Terms, no part of the App, Intellectual Property Rights and Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Khidmah’s express prior written consent.

        10)  Intellectual property rights:

These Terms do not transfer to you any Intellectual Property Rights owned by Khidmah or third-parties, and all rights, titles, and interests in and to such Intellectual Property Rights will remain (as between the parties) solely with Khidmah. All Intellectual Property Rights used in connection with the App or Services, are owned or licensed to Khidmah. Other Intellectual Property Rights used in connection with the App or Services may be Intellectual Property Rights of other third-parties. Your use of the App and Services grants you no right or license to reproduce or otherwise use any Intellectual Property Rights.

 11)  Disclaimer of warranty:

You agree that your use of the App or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. Khidmah expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.  Khidmah makes no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor does Khidmah make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system/mobile device or loss of data that results from the download of such material and/or data. Khidmah makes no warranty regarding any Services purchased or obtained through the App or any transactions entered into through the App. No advice or information, whether oral or written, obtained by you from Khidmah or through the App/Service shall create any warranty not expressly made herein.

12)  Limitation of liability:

To the fullest extent permitted by applicable law, in no event will Khidmah, its parents, affiliates, officers, directors, employees, agents, suppliers or licensors be liable to you or any third party for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Khidmah has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Khidmah and its parents, affiliates, officers, employees, agents, suppliers and licensors, relating to the Services will be limited to an amount of one hundred dirhams. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose. 

        13)  Indemnification:

You agree to indemnify and hold Khidmah, its parents, affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the App or Services or any willful misconduct on your part.

14)  Severability: 

All rights and restrictions contained in these Terms may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

15)  Dispute resolution:

The formation, interpretation, and performance of these Terms and any disputes arising out of it shall be governed by the substantive and procedural laws of Abu Dhabi, United Arab Emirates without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United Arab Emirates. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts of Abu Dhabi, United Arab Emirates, and you hereby submit to the personal jurisdiction of such courts.

16)  Assignment:

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without Khidmah’s prior written consent, which consent shall be at its own sole discretion and without obligation; any such assignment or transfer shall be null and void.  Khidmah is free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

17)  Changes and amendments:

Khidmah reserve the right to modify these Terms or its policies relating to the App or Services at any time, effective upon posting of an updated version of these Terms on the App and an updated date will be provided at the bottom of this page. Continued use of the App after any such changes shall constitute your consent to such changes.

18)  Acceptance of these terms

You acknowledge that you have read these Terms and agree to all its terms and conditions. By using the App or its Services you agree to be bound by these Terms. If you do not agree to abide by these Terms, you are not authorized to use or access the App and its Services.

Feedback and Information

Any feedback you provide at this App shall be deemed to be non-confidential. Khidmah shall be free to use such information on an unrestricted basis.

The information contained in this App is subject to change without notice.

Copyright © 2020 Khidmah Sole Proprietorship LLC. All rights reserved.

Updated by Khidmah Legal Team on 4 January, 2021