CUSTOMER ACCEPTANCE OF THESE TERMS & CONDITIONS OF KHEDMAH SERVICES

These Terms & Conditions of Use set out Your and our respective legal rights and responsibilities regarding Your access to and use of the Khedmah Delivery Services and Khedmah Dine-Out Service.

These Terms & Conditions of Use are effective for, and apply to, all existing and future Khedmah Services Customers.

Please read these Terms & Conditions of Use carefully. By accessing or using the Khedmah Services, You agree to them and conclude a legally binding contract with Khedmah.

You agree to use the Khedmah Services only in compliance with these Terms & Conditions of Use, our Privacy Policy and the Law.

CHANGES TO THESE TERMS & CONDITIONS OF USE

Khedmah may vary or amend or change or update these Terms & Conditions of Use from time to time entirely at its own discretion and without any prior notice to You.

You shall be responsible for checking these Terms & Conditions of Use and ensure Your continued compliance with them.

Your use of the Khedmah Services after any such amendment or change in the Terms & Conditions of Use shall be deemed as Your express acceptance to such amended/changed terms and You also agree to be bound by such amended/changed Terms & Conditions of Use.

TRANSLATION OF THESE TERMS & CONDITIONS OF USE

Khedmah may provide a translation of the English version of these Terms & Conditions of Use into other languages. You understand and agree that any translation of the Terms & Conditions of Use into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Khedmah. Furthermore, if there are any inconsistencies between the English version of the Terms & Conditions of Use and its translated version, the English version of the Terms & Conditions of Use shall prevail over others.

The English version of these Terms & Conditions of Use will be the document translated into the required language for any formal legal and regulatory procedures or requirements, and not the translation of these Terms & Conditions of Use provided by Khedmah.

ELIGIBILITY TO USE KHEDMAH ERVICES

You hereby represent and confirm that You are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions of Use.

PERSONAL DATA & PRIVACY POLICY

When placing an order or reservation on or through Khedmah Services, You shall be required to provide certain details, including without limitation, Your contact details. You agree to take particular care when providing these details and confirm that these details are accurate and complete at the time of placing an order or making a reservation, as the case may be.

By providing these details, You expressly consent to, agree with and accept our Privacy Policy accessed, which forms an integral part of these Terms & Conditions of Use.

Khedmah shall in no manner whatsoever be liable for any other or additional use of your details, personal data or information by the Suppliers.

DEFINITIONS USED IN THESE TERMS & CONDITIONS OF USE

Khedmah, We and Us means Modern Delivery Services Company L.L.C., its group companies, associated companies and/or its affiliates concerned with or connected to the Khedmah Services

Khedmah Delivery Services are those particular services referred to at Section 7.1 below

Khedmah Delivery Services are those particular services referred to at Section 7.1 below

Khedmah Services collectively refers to the Khedmah website, platform, applications, mobile applications, portal and other online services providing the Khedmah Delivery Services and Khedmah Dine-Out Service

Terms & Conditions of Use means these terms & conditions

Customer(s) or You or Your refers to you, as a customer of the Khedmah Services. A Customer is someone who accesses or uses the Khedmah Services for the purpose of transacting, ordering, reserving, sharing, displaying, hosting, publishing, or uploading information, listings, or views or pictures and includes other persons jointly participating in using the Khedmah Services

Content includes (but is not limited to) listings, reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data and includes

• Your Content or Customer Content means content that You upload, share or transmit to, through or in connection with the Khedmah Services, such as listings, likes, ratings, reviews, images, photos, messages, chat communication, profile information, or any other materials that you publicly display or have displayed in your account profile;
• Third Party Content means content that comes from parties other than Khedmah or its Customers; and
• Khedmah Content means content that Khedmah creates and makes available in connection with the Khedmah Services, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Khedmah Services, excluding Your Content and Third Party Content

Suppliers means the users of Khedmah Services offering services, products and items to Customers of the Khedmah D Services

Suppliers Listing means the listing of Suppliers on Khedmah Services providing details and prices of the Supplier’s services, goods or items available to order on or through Khedmah Delivery Services and/or reserve on or through Khedmah Dine-Out Service by Customers

Law refers to the laws of the Sultanate of Oman

KHEDMAH SERVICES

Khedmah Delivery Services

Khedmah Delivery Services is an ordering service for certain services, products and items listed by Suppliers on Khedmah Services through Supplier Listings. Khedmah places orders with Suppliers on behalf of Customers pursuant to an unconditional and irrevocable authority and confirmation granted by Customers and Khedmah Services may also facilitate the delivery of those orders to the Customer. Khedmah is not a manufacturer, seller or distributor of products or items.

Khedmah Dine-Out Service

Khedmah Dine-Out Service is a booking reservation request service for restaurants and venues listed by Suppliers on Khedmah Services through Supplier Listings. Customers can make a request for booking a table, room or facility at venues offering reservations via Khedmah Services with the booking confirmed to a Customer once the restaurant or venue confirms acceptance of the reservation.

PROVISION OF THE KHEDMAH SERVICES

General

Khedmah reserves the right to make modifications and alterations to, and/or suspend, cancel or discontinue any or all of the Khedmah Services at any time without notice.

Any updates or upgrades provided to You by Us under these Terms & Conditions of Use shall be considered part of the Khedmah Services. You may be required to install certain upgrades or updates to the software of Your device or computer in order to continue to access or use the Khedmah Services, or parts thereof (including upgrades or updates designed to correct issues with the Khedmah Services). You agree that We, or the applicable software or software application third party, may provide notice to You of the availability of software upgrades or updates to the Khedmah Services and automatically push such upgrades or updates to Your device or computer from time-to-time.

Any certification, licenses or permits (Certification) or information in regard to such Certification that may be displayed on Suppliers Listing on Khedmah Services is for informational purposes only. Such Certification is displayed by Khedmah on an 'as available' basis that is provided to Khedmah by the Supplier. Khedmah does not provide any confirmation concerning the validity, authenticity, reliability and accuracy of such Certification or any information in regard to such Certification displayed on the Khedmah Services in this regard. Any reliance by a Customer upon the Certification or information in regard to such Certification displayed on Khedmah Services shall be strictly at the Customer’s own risk and Khedmah shall have no liability whatsoever for any losses or damages in connection with the use of or reliance on the Certification or information in regard to such Certification or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of the Law by the Supplier.

Khedmah shall charge Customers a fee and/or other charges on a ‘per order’ or ‘per reservation’ basis, as the case may be, in accordance with its fees as at the time of use of the Khedmah Services and/or a subscription or membership fee and/or other charges for the use of the Khedmah Services through its Khedmah Diamond subscription membership programme .

Khedmah may from time to time introduce referral and/or incentive based programs for its Customers (Programs). Programs shall be governed by their respective terms and conditions in addition to the Terms & Conditions of Use. By participating in the Programs, Customers shall be bound by the specific Programs terms and conditions as well as the Terms & Conditions of Use. Khedmah reserves the right to suspend and/or terminate the Customer's account and/or Customer’s participation in the Programs without any prior notice if Khedmah determines in its sole discretion that the Customer has violated the terms and conditions of the Programs and/or has been involved in activities that are in contravention of the terms and conditions of the Programs and/or the Terms & Conditions of Use or has engaged in activities which are fraudulent/unlawful in nature. Furthermore, Khedmah reserves the right to modify, cancel and discontinue Programs without any prior notice to the Customer.

Khedmah may from time to time offer to Customers credits, promotion codes, vouchers or any other form of cashback that Khedmah may decide at its discretion. Khedmah reserves the right to modify, convert, cancel and/or discontinue such credits, promotion codes or vouchers as it may deem fit and without any prior notice.

Your use of the Khedmah Services

By using Khedmah Services, you agree that:

• All Content published on or related to the Khedmah Services is for informational purposes only. Khedmah disclaims any liability for any Content published on or related to the Khedmah Services that may be incorrect or has become outdated since the last time the Content was updated. Khedmah reserves the right to make changes and corrections to any part of the Content published on Khedmah Services at any time without any prior notice.
• Khedmah provides no guarantee of:
  • a. the quality of the services, goods or items;
  • b. prices; and/or
  • c. availability of the services, goods or items in the Suppliers Listing on Khedmah Services.
• Khedmah shall not be liable for any acts or omissions on part of the Suppliers, including deficiency in service, goods, items, wrong delivery of order, cancelled or unavailability of reservations, any mistakes, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, delays, etc.
• The Suppliers shall be solely responsible for any confirmation or guarantee of the services, products or items ordered from them by Customers.
• You must create an account in order to use some of the features offered by Khedmah Services. The processing of any personal data You provide to Us during the account creation process and subsequent use of Khedmah Services is governed by our Privacy Policy and the Law.
• You must keep your password confidential and You are solely responsible for maintaining the confidentiality and security of Your account, all changes and updates submitted through Your account, and all activities that occur in connection with Your account.
• You may also be able to register to use the Khedmah Services by logging into Your account with your credentials from certain third party social networking sites (e.g. Facebook). If You do so, You confirm that You are the owner of any such social media account and that You are entitled to disclose Your social media login information to Us. You authorise Us to collect Your authentication information, and other information that may be available on or through Your social media account, consistent with Your applicable settings and instructions.
• In creating an account, You represent to Us that all information provided to Us in such process is true, accurate and correct, and that You will update your information as and when necessary in order to keep it accurate. You also represent to Us that You are the person described creating the account. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than Your own, create multiple accounts except as otherwise authorised by Us
• You are also responsible for all activities that occur in or on Your account. You agree to notify Us immediately of any unauthorised use of Your account in order to enable Us to take any necessary corrective action. You also agree that You will not allow any third party to use Your account for any purpose and that You will be liable for any such unauthorised access and use.
• You agree to use Khedmah Services only for purposes that are permitted by the Terms & Conditions of Use and the Law.
• In order to connect You to certain Suppliers, We provide telephony services through our telephone lines which are displayed on the specific Suppliers Listing on Khedmah Services and which connect directly to the Suppliers' telephone lines. We record all information regarding calls to Suppliers, including the voice recording of the conversation between You and the Suppliers. You explicitly agree and permit Khedmah to record all conversations made using these telephony services when You make telephone calls through the Khedmah provided telephone lines on the Khedmah Services. If You do not wish that Your conversations be recorded, please do not use the telephony services provided by Khedmah.

CONTENT

Khedmah Content and Proprietary Rights

We are the sole and exclusive copyright owners of Khedmah Services and Khedmah Content. We also exclusively own the copyrights, trade names, trademarks, service marks, logos, devices, domain names, other distinctive brand features and other intellectual and proprietary rights throughout the world (IP Rights) associated with Khedmah Services and Khedmah Content, which is protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that Khedmah Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by Us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Us and such others.

You agree to protect Khedmah's proprietary rights and the proprietary rights of all others having rights in Khedmah Services during and after the term of Your use of Khedmah Services and to comply with all reasonable written requests made by Us or our suppliers and licensors of content or otherwise to protect their and others' contractual, statutory, and legal rights in Khedmah Services. You acknowledge and agree that Khedmah (or Khedmah's licensors) own all legal rights, titles and interests in and to Khedmah Services, including any IP Rights which subsist in Khedmah Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless You have agreed otherwise in writing with Khedmah, nothing in these Terms & Conditions of Use gives You a right to use any of the IP Rights.

You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Khedmah; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against You at an appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Khedmah Content in whole or in part except as expressly authorised by Khedmah.

Your License to access and use Khedmah Content

In accessing and using Khedmah Services and by submitting Your Content, You hereby irrevocably grant Khedmah a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content. By "use" We mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyse, promote, commercialise, create derivative works and, in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that You submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims regarding the use of Your Content by and against Khedmah or its Customers, any third party services and their users.

Representations Regarding Your Content or Customer Content

You are responsible for Your Content. You represent and warrant that:

• You are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content;
• Your Content was not copied from or based in whole or in part on any other content, work, or website;
• Your Content was not submitted via the use of any automated process such as a script bot;
• use of Your Content by Us, third party services, and our Customers and any third party users will not violate or infringe any rights of Yours or any third party;
• Your Content is truthful and accurate; and
• Your Content does not violate any applicable laws, including the Law.

If Your Content is a review, You:

• represent and warrant that You are the sole author of that review;
• confirm that the review reflects an actual Supplier experience that You had;
• were not paid or otherwise remunerated in connection with Your authoring or posting of the review; and
• had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of Your honest opinion.

You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by You of information in Your Content that makes You personally identifiable. While We reserve the right to remove Content, We do not control actions or Content posted by Customers and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by Customers and any and all liability arising from such Content is the sole responsibility of the Customer who posted the Content, and not Khedmah.

Content Amendment and Removal

We reserve the right, in our sole discretion, without any obligation or any prior notice, to make improvements to, or correct any error or omissions in, any portion of Content accessible on Khedmah Services. Where appropriate, We may in our sole discretion and without any obligation, verify any updates, modifications, or changes to Content accessible on Khedmah Services, but shall not be liable for any delay or inaccuracies related to such updates.

We reserve the right, at any time, in our sole discretion and without any prior notice, to remove, block, or disable access to any Content that We, for any reason or no reason, consider to be: objectionable; in violation of the Terms & Conditions of Use; or otherwise harmful to the Khedmah Services or Customers. Subject to the requirements of the Law, We are not obligated to return any of Your Content to You under any circumstances.

You acknowledge that Khedmah has no obligation to monitor Your access to or use of Khedmah Services for violations of the Terms & Conditions of Use, or to review or edit any Content. However, We have the right to do so for the purpose of operating and improving Khedmah Services (including without limitation for fraud prevention, risk assessment, investigation and Customer support purposes), to ensure Your compliance with the Terms & Conditions of Use and to comply with the Law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.

You hereby agree not to upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms & Conditions of Use or to make any representation or warranty on behalf of Khedmah in any form or manner whatsoever.

You hereby agree and confirm that while communicating on Khedmah Services, including but not limited to communicating with Suppliers, support agents or third parties, through any medium, You shall not use abusive and derogatory language. In the event You use abusive or derogatory language, Khedmah reserves the right to suspend Your account and/or block Your access and use of Khedmah Services, at any time with or without any notice.

Third Party Content and Links

Some of the Content available through Khedmah Services may include or link to materials that belong to third parties, such as third party services providers. Please note that Your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party.

We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any services, products, items, advertisements and other content appearing in or linked to or from Khedmah Services. We do not screen or investigate third party material before or after including it on Khedmah Services.

You acknowledge and agree that Khedmah is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, services, products, items or other materials on or available from such external sites or resources.

You further acknowledge and agree that Khedmah is not liable for any loss or damage which may be incurred by You as a result of the availability of those external sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, services, products, items or other materials on, or available from, such external sites or resources. Without limiting the generality of the foregoing, We expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing Third Party Content and assume no responsibility or liability for any Third Party Content.

Customer Reviews

Customer reviews or ratings for Suppliers do not reflect the opinion of Khedmah. Khedmah receives multiple reviews or ratings for Suppliers by Customers, which reflect the opinions of the Customers and are the personal opinion of the Customer only.

Without limiting the generality of these Terms & Conditions of Use, in using Khedmah Services, You specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:

• violates these Terms & Conditions of Use and the Law;
• is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another's privacy, or relates to or encourages of facilitates money laundering or gambling;
• constitutes an inauthentic or knowingly erroneous review, or does not address the services, products or items, or other attributes of the Supplier You are reviewing;
• constitutes an inauthentic or knowingly erroneous review, or does not address the services, products or items, or other attributes of the Supplier You are reviewing;
• violates any third-party right, including, but not limited to, the right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
• accuses others of illegal activity, describes physical confrontations, or affronts the honour and dignity of others or the Sultanate of Oman or other jurisdictions in which Khedmah Services are provided ;
• alleges any matter related to purported health and safety code violations;
• attempts to impersonate another person or entity;
• disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretences; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
• constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
• constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
• asserts or implies that Your Content is in any way sponsored or endorsed by Us;
• falsely states, misrepresents, or conceals Your affiliation with another person or entity;
• accesses or uses the account of another ~Customer without permission;
• distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
• interferes with, disrupts, or destroys the functionality or use of any features of Khedmah Services or the servers or networks connected to Khedmah Services;
• "hacks" or accesses without permission Our proprietary or confidential records, records of Customers, or those of anyone else;
• violates any contract or fiduciary relationship;
• decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from Khedmah Services;
• removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use, of Khedmah Services;
• violates the restrictions in any robot exclusion headers on Khedmah Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to Khedmah Services;
• collects, accesses, or stores personal information about other Customers;
• is posted by a bot;
• harms minors in any way;
• threatens the unity, integrity, defense, security or sovereignty of the Sultanate of Oman or of the jurisdiction of use, friendly relations with foreign states, or public order or causes incitement to the commission of any crime or prevents investigation of any crime;
• modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialises any rights to Khedmah Services or Khedmah Content; or
• is patently false, untrue, or absurd and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or otherwise or to cause any injury to any person.

ADVERTISING

Khedmah Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on, in or by Khedmah Services, queries made through Khedmah Services or other information. The manner, mode and extent of advertising by Khedmah on Khedmah Services are subject to change without specific notice to You.

Khedmah Services may contain advertising information or promotional material or other material submitted to Khedmah by Customers or third parties. Responsibility for ensuring that material submitted for inclusion on Khedmah Services complies with the Law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Khedmah found on or through Khedmah Services, including payment and delivery of related services, products or items, and any other terms, conditions, confirmations or representations associated with such dealings, shall be solely between You and such advertiser. Khedmah will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on Khedmah Services.

KHEDMAH DELIVERY SERVICES - ORDERING AND DELIVERY

Khedmah facilitates ordering and delivery services of Suppliers for the purpose of listing their services, products and/or items for ordering by and delivery to Customers.

Customers can access the Supplier’s services, products and items listed on Supplier Listings on or through Khedmah Services and place their orders accordingly.

Your order of services, products and/or items from a Supplier on or through Khedmah Services shall constitute an unconditional and irrevocable authorisation issued by You to Khedmah to place orders for such services, products and/or items with the Supplier on Your behalf.

Delivery of an order placed by You on or through Khedmah Services may either be undertaken directly by the Supplier with whom You have placed an order, or facilitated by Khedmah through a third-party who may be available to provide delivery services to You (Delivery Partners). In both these cases, Khedmah is merely acting as an intermediary between You and the Supplier or You and the Delivery Partners, as the case may be.

The acceptance by a Delivery Partner of undertaking a delivery of your order shall constitute a contract of service between You and the Delivery Partner, to which Khedmah is not a party under the Law. Khedmah does not provide any delivery or logistics services and only facilitates the delivery of services, products and items ordered by the Customer on or through Khedmah Services by connecting the Customer with the Supplier or Delivery Partners, as the case may be.

Where Khedmah is facilitating delivery of an order placed by You, Khedmah shall not be liable for any acts or omissions on the part of the Delivery Partner, including deficiency in service, wrong delivery of order, time taken to deliver the order, order package tampering, etc.

Delivery periods provided at the time of ordering are approximate only and may vary.

You may be charged a delivery fee for delivery of your order by the Supplier or the Delivery Partner as determined by the Supplier or Delivery Partner (Delivery Charges). You agree that Khedmah is authorised to collect, on behalf of the Supplier or the Delivery Partner, the Delivery Charges for the delivery service provided by the Supplier or the Delivery Partner, as the case may be. The Delivery Charges may vary from order to order, which may be determined on multiple factors which shall include, but not be limited to, Supplier, order value, distance, time of the day, time taken to deliver, demand for delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time by Khedmah, Suppliers and/or Delivery Partners. Khedmah will inform you of the Delivery Charges that may apply to You, provided that You will be responsible and liable for Delivery Charges incurred for Your order regardless of your awareness of such Delivery Charges.

In respect of the order placed by You, Khedmah shall electronically issue an order summary and other documents, such as a tax invoice, as required under the Law and in accordance with common business practices.

All prices listed on Khedmah Services are provided by the Supplier, including packaging or handling charges, if any, at the time of publication of the Suppliers Listing on Khedmah Services. Although prices are regularly updated, the final price charged to you by the Supplier, including packaging and handling charges, may change at the time of delivery. In the event of a conflict between price on Khedmah Services and price charged by the Supplier, the price charged by the Supplier shall be deemed to be the correct price in addition to the Delivery Charge.

Any amount that may be charged to you by Khedmah over and above Your order value, shall be inclusive of applicable taxes.

KHEDMAH DELIVERY SERVICES - CANCELLATION OF ORDERS, REFUND POLICY AND COMPLAINTS

There may be instances where Your order is unable to be accepted or it is cancelled by the Supplier or by Khedmah due to reasons including, without limitation, technical errors, unavailability of the service(s), product(s) or item(s) ordered, or any other reason attributable to the Supplier or Khedmah. In such cases, You will not be charged for the order or Delivery Charges. If the order is cancelled after payment has been charged and You are eligible for a refund of the order value or any part of the order value, You will be refunded accordingly.

No replacement/refund/or any other resolution will be provided without Supplier confirmation.

All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of a credit for subsequent use on or though Khedmah Services.

You acknowledge that:
(1) your cancellation, or attempted or purported cancellation of an order; or
(2) cancellation due to reasons not attributable to Khedmah, that is, in the event you provide incorrect particulars, contact number, delivery address, etc. or that you were unresponsive, not reachable or unavailable for delivery of the products or items ordered by You, shall result in You paying the full amount of the order plus Delivery Charges.

Any complaint, with respect to the services, products or items or the delivery of those services, products or items may require proof of the same before any resolution or refund is provided to You.

KHEDMAH DINE-OUT SERVICE – RESERVATION AND PAYMENT

Khedmah Services includes a booking reservation request service for restaurants and venues. Customers can make a request for restaurant and venue bookings via Khedmah Services. Bookings will be confirmed to a Customer by email, short message service (SMS) and/or by any other means of communication only after the restaurant or venue accepts and confirms the booking.

The availability of a booking is determined at the time a Customer requests a reservation. By submitting a reservation request, you express your acceptance to the Terms & Conditions of Use and our Privacy Policy and agree to receive booking confirmations by email, SMS and/or by any other means of communication after booking a reservation through Khedmah Services

Khedmah may charge a Booking Fee from the Customer upon using the Khedmah Dine-Out Service through Khedmah Services. The Booking Fee shall be adjusted by the restaurant or venue against the total bill charged to the Customer by such restaurant or venue. Any balance amount remaining to be paid after deduction of the Booking Fee from the restaurant or venue bill shall be payable by the Customer. The Customer shall also be liable to pay any additional charges and/or applicable taxes that may be applicable to the transaction. In the event of any change in the amount of the Booking Fee after the payment is made by the Customer, the amount of the Booking Fee already paid by the Customer will be applicable. The Customer may be required to furnish the payment instrument at the restaurant or venue from which payment has been made for identification purposes.

KHEDMAH DINE-OUT SERVICE – MODIFICATIONS, CANCELLATIONS AND ADDITIONAL REQUESTS

Any request for modification of the confirmed booking will be subject to acceptance of the same by the restaurant or venue. Khedmah will use its best endeavours to keep the Customer informed of the status of the booking. For bookings where Booking Fee is not applicable, the Customer may cancel such booking thirty (30) minutes in advance from the scheduled booking time. A confirmed booking for which a Booking Fee has been charged from the Customer cannot be modified, however the Customer is required to cancel the confirmed booking twenty-four (24) hours prior to the scheduled booking time to receive any refund available. Unless otherwise provided for in the Khedmah Terms and Conditions of Use, Khedmah will refund the Booking Fee to the Customer within seven (7) working days from the date of such cancellation. However, Khedmah reserves the right to retain the Booking Fee in the event the Customer fails to cancel the booking within the estimated timeframe required, as mentioned above.

Khedmah recommends that Customers arrive 10 minutes in advance of the scheduled booking reservation time. The restaurant or venue may cancel the booking reservation and make it available to other customers in case of late arrivals and Khedmah shall in no manner be liable for such cancellation initiated by the restaurant or venue. Khedmah shall retain the Booking Fee paid by the Customer in the event the Customer is late by more than 10 minutes from the scheduled booking reservation time and/or fails to show up at the restaurant or venue.

In the event the restaurant or venue fails to honour the confirmed booking reservation or in case of any other complaint or dispute raised by the Customer in relation to the booking reservation, the Customer shall raise such complaint with Khedmah within 120 minutes from the scheduled booking time at Khedmah Services. Upon receipt of such complaint or dispute, Khedmah will make reasonable efforts to verify the facts of such complaint/dispute with the restaurant or venue and may, at its sole discretion, initiate a refund of the Booking Fee to such Customer.

In the case of any additional request communicated by the Customer at the time of the reservation booking, the same will be conveyed to the restaurant or venue by Khedmah and Khedmah will relay the restaurant’s or venue’s response to the Customer. While Khedmah will take all the care to ensure timely communication of these requests to both the Customer and the restaurant or venue, the liability to fulfil the request lies solely with the restaurant or venue and Khedmah shall in no manner be liable if the restaurant or venue fails to honour any of the confirmed additional requests of the Customer.

KHEDMAH DIAMOND MEMBERSHIP

For the purpose of Khedmah Diamond:

• Bill Value shall mean the total amount set out in the bill for food and beverages ordered by the member at the Khedmah Diamond Partner Hosts, and shall not include applicable taxes, Delivery Charges, service charge and other charges as may be applicable
• Offer(s) shall include, but not be restricted to:
• (i) customer credits, promo codes, vouchers or any other form of cashback that Khedmah may decide as its discretion;
• (ii) meal packages that are fixed price deals offered by the Khedmah Diamond Partner Host;
• (ii) meal packages that are fixed price deals offered by the Khedmah Diamond Partner Host;
• (iv) flat % off or as may be communicated while paying the bill for food and beverages on the Khedmah Services;
• (v) unlocks offers which include purchasing one time and getting another item of the equal or lesser value free such as 1+1 or 2+2 offers on food and drinks; and/or
• (vi) any such Offer(s) as maybe communicated to the Customers by Khadmah.

Khedmah Diamond is a membership based program available to members to benefit from Offer(s) on the Khedmah Dine-Out Service provided by those restaurants and venues which have partnered with Khedmah (Khedmah Diamond Partner Hosts).

As a member of Khedmah Diamond, You will be entitled to benefit from Offer(s) on the Bill Value provided that the Bill Value for such order is above the minimum order value (if applicable) as determined by the Khedmah Diamond Partner Host when You pay the Bill Value via the Khedmah Services based on and subject to the membership plan purchased by You via the Khedmah Services.

Offer(s) can be redeemed at Khedmah Diamond Partner Hosts only and the list of such Khedmah Diamond Partner Hosts may be updated periodically.

Offer(s) may be changed or added to from time to time. You are advised to check the Offer(s) being offered by the Khedmah Diamond Host at the time of placing your order.

Offer(s) cannot be exchanged for cash.

Offer(s) shall be extended only if the Khedmah Diamond member makes payment towards the Bill Value via the Khedmah Services.

You will be responsible to pay the Khedmah Diamond Partner Hosts all costs and charges payable for all the other items for which you have placed an order and which are not covered under the Offer(s).

There is no limit on the number of times the Offer(s) can be benefited by a Khedmah Diamond member in a day. Khedmah Diamond members are not permitted to benefit from the Offer(s) on more than two (2) devices at a time. Offer(s) cannot be clubbed together during the same visit.

The term of Your Khedmah Diamond membership shall be subject to the membership plan opted by You.

Upon fulfilment of payment of the Bill Value via the Khedmah Services, You will be required to show the payment confirmation to the Khedmah Diamond Partner Host.

Khedmah Diamond members are required to be present at the Khedmah Diamond Partner Host when benefiting from the Offer(s).

Offer(s) shall not be applicable on tobacco and related products.

The Khedmah Diamond Partner Hosts may change from time to time and the Customers are advised to keep a check on the updated list of Khedmah Diamond Partner Hosts from time to time at Khedmah Services.

Fees and payment

In order to benefit from Khedmah Diamond membership, Customers are required to pay a membership fee which shall be based on the membership plan opted by such Customer.

To purchase and/or renew Your membership plan, You can choose a payment method, as available on the 'Payment' section of the Khedmah Services. Your access to Khedmah Diamond membership shall be subject to receipt of successful payments by Khedmah. The membership fee shall be inclusive of all applicable taxes. For some payment methods, the issuer may charge You certain fees, such as foreign transaction fees or other fees, relating to the processing of Your payment method. Khedmah may require additional information and/or documents from You in accordance with the Law or as part of Khedmah’s requirements.

Membership of Khedmah Diamond, once purchased, is non-transferable and non-refundable.

Alterations and termination

Khedmah reserves the right to offer, alter, extend or withdraw, as the case may be, any offers or discounts or promotions extended by Khedmah at any time with or without giving any prior notice to the Customer. In such cases, such revision will be updated on Khedmah Services accordingly.

Khedmah reserves the right to terminate/suspend Your membership to Khedmah Diamond, if Khedmah determines in its sole discretion that:

• (i) You have violated the terms and conditions of Khedmah Diamond set out herein;
• (ii) You have been involved in activities that are in contravention of the Khedmah Diamond terms and/or any terms for the usage of Khedmah Services; or
• (iii) You have engaged in activities which are fraudulent/unlawful in nature while benefiting from Khedmah Services.
• You will not be eligible for any refund if the Khedmah Diamond membership has been terminated/suspended by Khedmah in such instances.

Khedmah Diamond Partner Hosts may refuse service to anyone in accordance with its policies.

These specific terms relating to Khedmah Diamond membership shall commence on the payment of the membership plan and will be valid until such time as Your membership plan expires.

DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY

Disclaimer

You acknowledge and agree that the Khedmah Services are provided ‘as is’ and ‘as available’ and that the use of the Khedmah Services shall be at your sole risk.

To the fullest extent permitted by the Law, Khedmah and its/their respective officers, directors, employees, agents, service providers, contractors, and licensors (Khedmah Parties) disclaim all confirmations or liability, whether express or implied, in connection with the provision and use of the Khedmah Services.

Khedmah and Khedmah Parties do not provide any confirmations or representations that the information provided on or through Khedmah Services and Khedmah Content is accurate or complete and they assume no liability whatsoever for any errors, mistakes or inaccuracies of it.

Any material downloaded or otherwise obtained from the use of Khedmah Services is at Your own discretion and risk and You will solely be responsible for any damage to Your computer system or other device or loss of data and information that results from the download of such material.

Khedmah and Khedmah Parties are not a party to or will not be responsible for any monitoring of any transaction between You and a third party provider of services, products or items.

You are solely responsible for all of Your communications and other interactions with Customers of Khedmah Services and others with whom you communicate or interact on, through, or related to, Khedmah Services.

As a result of Your use of the Khedmah Services, no advice, assistance or information, whether oral or written, received by You from Khedmah, Khedmah Parties or through the use of Khedmah Services shall be considered as an additional term or condition to, or which is not expressly provided for in, these Terms & Conditions of Use.

Limitation of Liability

To the fullest extent applicable under the Law (or any other applicable law), Khedmah will not be liable to You for any direct or indirect damages resulting from Your access to Khedmah Services, and/or any unauthorised access to Khedmah Services, and/or unauthorised access to Your personal data, and/or any interruption to Khedmah Services, and/or any computer virus or malware which may be transmitted to or through the Khedmah Services by any third party, and/or any errors or omissions in Content posted, transmitted or otherwise made available by or through Khedmah Services in contract or tort.

Khedmah is only a platform connecting Customers to the Suppliers, restaurants and venues and shall not be liable for any acts or omissions on part of the Suppliers, restaurants or venues, including, but not limited to, deficiency in service, quality of product or item, time taken to deliver or serve or any other Supplier, restaurant or venue related experience of the Customer.

Khedmah shall in no manner be liable to the Customer if any outlet of Khedmah Diamond Partner Host temporarily or permanently shuts down its operations.

The decision and responsibility to extend the benefits under Khedmah Diamond rests solely with the Khedmah Diamond Partner Host and Khedmah shall in no manner be liable if the Khedmah Diamond Partner Host does not honour the benefits under Khedmah Diamond.

The Customer acknowledges that Khedmah bears no responsibility for the compliance with statutory rules, regulations and licences by Khedmah Diamond Partner Hosts. The Customer agrees that Khedmah shall not be liable in any manner if the Customer is unable to benefit from the benefits under Khedmah Diamond with a Khedmah Diamond Partner Host as a result of the Khedmah Diamond Partner Host’s violation of any statutory rule, regulation and licence.

Indemnity

You agree to indemnify, defend, and hold harmless Khedmah from and against any and all third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including legal fees and associated costs) suffered or reasonably incurred by Us arising as a result of, or in connection with:

• (i) Your Content,
• (ii) Your unauthorised use of the Khedmah Services, or services, products or items included or advertised on in or by Khedmah Services;
• (iii) Your access to and use of the Khedmah Services;
• (iv) Your violation of any rights of another party; or
• (v) Your breach of the Terms & Conditions of Use, including, but not limited to, any infringement by You of the copyright or intellectual property rights of any third party.

We retain the exclusive right to settle, compromise and pay, without Your prior consent, any and all claims or causes of action which are brought against Us as a result of Your actions and/or breach of the Terms & Conditions of Use. We reserve the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Us and You agree to cooperate with our defence of these claims. You agree not to settle any matter in which We are named as a defendant and/or for which You have indemnity obligations to Us without our prior written consent.

DELETION AND TERMINATION OF YOUR ACCESS TO KHEDMAH SERVICES

You can delete your account at any time by contacting Us and requesting the deletion of your account.

We may terminate Your use of Khedmah Delivery Services and deny you access to Khedmah Delivery Services in our sole discretion for any reason, including Your:

• (i) violation of these Terms & Conditions of Use; or
• (ii) lack of use of Khedmah Delivery Services; or
• (iii) for no reason.

You agree that any termination of Your access to Khedmah Delivery Services may be affected without any prior notice, and acknowledge and agree that We may immediately deactivate or delete Your account and all related information and/or bar any further access to Your account or to Khedmah Delivery Services.

If You use the Khedmah Delivery Services in violation of these Terms & Conditions of Use, We may, in our sole discretion, retain all data collected from Your use of the Khedmah Delivery Services. Further, You agree that We shall not be liable to You or any third party for the discontinuation or termination of Your access to Khedmah Delivery Services.

GENERAL TERMS

Carrier Rates may Apply:

By accessing Khedmah Delivery Services through a mobile or other device, You may be subject to charges by your internet or mobile service provider which You will be solely responsible and liable for.

Assignment

Khedmah may assign or transfer any of its rights or obligations under these Terms and Conditions of Use to any of its affiliates or any third party at any time without notice.

Interpretation

The section and subject headings in these Terms & Conditions of Use are included for reference only and shall not be used to interpret any provisions of these Terms.

Entire Agreement and Waiver

The Terms & Conditions of Use, together with the Privacy Policy, shall constitute the entire agreement between You and Us concerning Your access to and use of Khedmah Delivery Services. No failure or delay by Us in exercising any right, power or privilege under the Terms & Conditions of Use shall operate as a waiver of such right or acceptance of any variation of the Terms & Conditions of Use and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

Severability

If any provision of these Terms & Conditions of Use are deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms & Conditions of Use, and the remainder of the Terms & Conditions of Use shall continue in full force and effect.

Partnership or Agency

Acceptance of these Terms & Conditions of Use s shall not be deemed to constitute a partnership or agency between you and Khedmah Delivery and you shall have no authority to bind Khedmah Delivery in any form or manner, whatsoever.

Governing Law and Jurisdiction

These Terms & Conditions of Use shall be governed by the laws of the Sultanate of Oman. The Courts of Oman shall have exclusive jurisdiction over any dispute arising under these Terms & Conditions of Use of the Khedmah Delivery Services.