Terms and Conditions
Last updated: December 16, 2017
STANDARD TRADING CONDITIONS
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. This Agreement constitutes a legal agreement between you ("you" or "User") and Khaadim Services Private Limited ("Khaadim" or "us"). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at khaadim.pk as it may be modified, relocated and/or redirected from time to time (the "Site"), and the mobile applications offered by us (the "Apps"). Our services, platform, Site and Apps are collectively referred to as the "Khaadim Platform".
By accessing, using or registering with the Khaadim Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Khaadim Platform. Khaadim's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.
By using the Khaadim Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
Background Checks. Khaadim checks the backgrounds of Professionals. However, each Customer should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. BY USING THE Khaadim PLATFORM, THE CUSTOMER AGREES TO HOLD Khaadim FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. Khaadim IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.
- Service to be provided by Khaadim
- . Personal Information; User Accounts.
- Proof of Identity. You will provide us with such proof of identity as we may reasonably request from time to time.
- Text Messages and Phone Calls.By providing your phone number and using the Khaadim Platform, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Professional Services.
- Khaadim may send you confirmation and other transactional emails regarding the Professional Services. Khaadim and its affiliates may also send you emails about other services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- Job Rate. The rate per hour for a Professional Service ("Job Rate") depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.
- Khaadim provides certain limited additional compensation for Professional Services subject to the below terms and conditions and limitations. Khaadim will compensate Customers:
- subject to the exclusions below, up to _________ PKR per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or
- , provided, however, for losses arising from damage to floors as a direct result of negligence of a Professional during performance of a Professional Service the amount shall be limited to up to __________;
- or subject to the exclusions below, up to __________, in the aggregate, for losses arising from theft of a Customer’s property by a Professional during performance of a Professional Service. The Service Customer is eligible for the claim provided that the Customer reports the issue within seventy-two (72) hours of the Professional Service appointment to our Customer service by visiting our office or at Khaadim Platform. If the Service Customer does not report the issue within seventy-two (72) hours of the Professional Service appointment, the claim is ineligible.
- If you carry insurance that would cover you in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“Personal Insurance”). Khaadim will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- Khaadim is liable for claim, subject to the exclusions in subsection (v), provided:
- The Professional Service is agreed to between a Customer and a Professional using the Khaadim Platform, performed by the Professional hired by the Customer and paid for in full.
- The Customer has not violated this Agreement;
- The Customer has reported the claim within 72 hours of the Professional Service; and
- Khaadim is not liable for :
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Customer or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer’s or a product’s defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Customer or due to Customer recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Customer declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Professional;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- Loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Professional Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses of theft without a valid police report, if requested by Khaadim; and losses with insufficient documentation; and
- losses reported by third parties
- Term and Termination;
- This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Submission Areas.The Khaadim Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users and with Khaadim (collectively, "Submission Areas"). Some areas in the Submission Areas within the Khaadim Platform will be public and Khaadim will not be responsible for any information or materials posted in such public areas. Khaadim may, in its discretion, publicly post submissions you submit to a non-public area of the Khaadim Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Khaadim Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information:
- will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the Khaadim Platform) below,; and
- will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the Khaadim Platform, including but not limited to all images, videos, musical works and text included in such postings and to such other persons and/or entities as Khaadim may designate. The rights you grant in this license are for the limited purpose of operating, advertising, marketing, promoting, and improving the Khaadim Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.
- . Rules for Use of the Khaadim Platform.During the term of this Agreement, Customers may use the Khaadim Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Customers may use the Khaadim Platform to request Professional Services solely with respect to a location where the Customer is legally authorized to have Professional Services performed. Customers may not use the Khaadim Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Customers agree that an order for Professional Services is an offer, which is only accepted when the Customer receives a confirmation of the order. Customers agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. Customers agree to comply with our complaint and other policies designated on the Site. Customers acknowledge that their selected Professional may be unavailable from time to time. Professionals agree to provide Professional Services in accordance with all applicable laws and regulations and with the Service Agreement. You shall NOT use the Khaadim Platform (including but not limited to any Submission Areas) to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Khaadim Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Khaadim Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Professional Services facilitated through the Khaadim Platform without express written permission from us.
- Use the Khaadim Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Khaadim Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Khaadim Platform.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Khaadim Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Khaadim Platform in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Khaadim Platform under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Khaadim Platform or any content or material contained on the Khaadim Platform without Khaadim's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without Khaadim's consent
- Intellectual Property Rights. The Khaadim Platform, and the information, data, content and materials, which it contains ("Khaadim Materials"), are the property of Khaadim and/or its affiliates and licensors, excluding User-generated content, which Khaadim has a right to use as described below. The Khaadim Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Khaadim and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Khaadim Materials. Any use of Khaadim Materials, other than as expressly permitted herein, is prohibited without the prior permission of Khaadim and/or the relevant right holder. The service marks and trademarks of Khaadim, including without limitation Khaadimbook.com, Khaadim.pk and the Khaadim logo are service marks owned by Khaadim. Any other trademarks, service marks, logos and/or trade names appearing on the Khaadim Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Khaadim Platform without the express prior written consent of the owner.
- The App / Mobile Devices
- The Khaadim Platform may allow you to access our services, download our Apps, upload content to the Khaadim Platform, and receive messages on your mobile device (collectively "Mobile Features"). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.
- You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).
- Khaadim is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. Khaadim reserves the right to terminate the use of the Apps or any other aspect of the Khaadim Platform should you be using the Apps or the Khaadim Platform with an incompatible or unauthorized device.
- App Store Sourced Application.
With respect to Apps accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only.
- Modifications to the Khaadim Platform.We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Khaadim Platform or any content or information on the Khaadim Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Khaadim Platform.
- The term "Confidential Information" shall mean any and all of Khaadim's trade secrets, confidential and proprietary information, personal information and all other information and data of Khaadim that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Khaadim Platform contains secured components that are accessible only to those who have been granted a username and password by Khaadim. Information contained within the secure components of the Khaadim Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Khaadim and agree that you will not use Confidential Information other than as necessary for you to make use of the Khaadim Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify Khaadim in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Khaadim upon termination of this Agreement for any reason whatsoever.
- Disclaimer of Warranties; Limitation on Liability.
- USE OF THE KHAADIM PLATFORM IS ENTIRELY AT YOUR OWN RISK.To the fullest extent permitted by applicable law, the khaadim platform is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, neither khaadim nor its affiliates or licensors warrant that the khaadim platform will be uninterrupted or error-free; nor do they make any warranty as to any content available in or through the khaadim platform; nor do they make any warranty as to any professional's registration, professional accreditation or license; nor do they make any warranty as to the results that may be obtained from the use of the Khaadim platform, or as to the timeliness, accuracy, reliability, quality, suitability, safety, completeness or content of the services, professional services, , content, information or materials provided through or in connection with the use of the Khaadim platform or this agreement. Access to the Khaadim platform is provided free of charge as a courtesy. Neither Khaadim nor its affiliates or licensors are responsible for the conduct, whether online or offline, of any user of the Khaadim platform (including but not limited to the conduct of any customers or professionals). Neither Khaadim nor its affiliates or licensors warrant that the Khaadim platform is free from viruses, worms, trojan horses, or other harmful components. Khaadim and its affiliates and licensors cannot and do not guarantee that any information, personal or otherwise, supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
- NO LIABILITY.You agree not to hold Khaadim, its affiliates, its licensors, or any of such parties' agents, employees, officers, directors, corporate partners, or participants (collectively, "members") liable for any damages, expenses, losses, suits, claims, and/or controversies (collectively, "liabilities") that have arisen or may arise, whether known or unknown, relating to your use of or inability to use the Khaadim platform, including without limitation any liabilities arising in connection with the conduct, act or omission of any user (including without limitation stalking, harassment, acts of physical violence, and loss or destruction of personal property), services, any dispute with any user, any instruction, advice, act, or service provided by khaadim or members, and any destruction of your information. Under no circumstances will khaadim or members be liable for any indirect, incidental, consequential, special or exemplary damages arising in connection with your use of or inability to use the khaadim platform or any professional services, even if such parties were or should have been advised of the possibility of the same. Under no circumstances will khaadim or members be liable for any direct damages arising in connection with your use of or inability to use the Khaadim platform or any professional services, even if such parties were or should have been advised of the possibility of the same. Khaadim and members do not accept any liability with respect to the quality or fitness of any work performed in connection with the khaadim platform, the professional services, or this agreement. Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you. If, notwithstanding the foregoing exclusions, it is determined that Khaadim or members are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the lesser of (1) total fees paid by you to Khaadim.
- You hereby agree to indemnify, defend, and hold harmless Khaadim, its licensors, and each such party's directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Khaadim Platform, any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the Khaadim Platform. Khaadim reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Khaadim.
- This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.
- Changes to this Agreement.We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Khaadim Platform. Your continued use of the Khaadim Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
- SeverabilityThese Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- Arbitration In case of any dispute arising between the Company and the customer in relation to any matter under these conditions of contract, the same shall be referred to a mutually agreed sole Arbitrator appointed by the parties in dispute and all proceedings before the said Arbitrator shall be conducted at Lahore in accordance with the Arbitration Act, 1940.
- Applicable Law
These conditions as well as any transaction or contract subject to these conditions would be governed by Pakistani Law and all disputes arising from transactions governed by these conditions shall be subject to the exclusive jurisdiction of the Pakistani Courts.
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the khaadim.pk website (the "Service") operated by http://khaadim.pk/ ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by http://khaadim.pk/.
http://khaadim.pk/ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that http://khaadim.pk/ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of Pakistan, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.