1. INFORMATION ABOUT US

The Application is operated by Dome National General Trading Company, a company registered at the Ministry of Commerce and Industry in Kuwait with registration number: 354359. The terms “we”, “our” and “us” in these Terms refer to Dome National General Trading Company. You may contact us by email at info@bilkhidma.com or by calling 25723248.

2. PURPOSE

Our objective is to link you to the service providers and vendors that are listed in the Application (Vendors) and allow you to order Services from such Vendors through the Application. When you order from a Vendor, we shall act on behalf of that Vendor only to conclude your order from our Application and to manage your experience throughout the process of your dealings with Vendors. Once you have placed an order through the Application, the ordered Services shall be performed at the time and place agreed to by you and the particular Vendor. In some cases, the Vendor may be owned or affiliated with us. The resultant agreement to deliver the Services is between you and the relevant Vendor; we are not obliged to perform the Services ourselves.

3. YOUR ACCOUNT

Before you can place orders for Services using our Application, you need to open a Bilkhidma account. When you open an account you will need to provide (i) your first and last name, (ii) your email address, (iii) your mobile phone number, (iv) your gender (v) your date of birth and (vi) create a password. You may also be required to provide KNET or credit card details. All information you provide must be true and correct.

You must keep any password you create, or other secure login method, secret, and prevent others from accessing your Bilkhidma account through your email account or mobile phone. If an unauthorized person uses these or other methods to access your account, you shall be responsible to pay for any Services they order, and we are not responsible for any losses you may suffer, unless the unauthorized person using your account obtained access to it because we did not keep your account secure.

You may close your account at any time by requesting to do so in your account section of our Application or by contacting us using the contact details provided in these Terms. We may suspend your account, or close it permanently, if we believe that your account has been used by someone else or used contrary to these Terms or applicable laws. We may also suspend or close your account if we learn that you are less than twenty-one years old or if, in our opinion, you are abusing our Application (for example, by repeatedly applying for refunds or credit to which you are not entitled, by making repeated unreasonable complaints, by mistreating our staff, or any other good reason which we may determine in our sole discretion). If we close your account permanently, you shall not be entitled to a refund for any unutilized account credit you may have validly obtained from our customer service team or the Application following an issue with the Services.

4. LOGGING IN & SELECTING A VENDOR

Once you log into your account, you will be asked to provide your current location and/or the location where you require Services be performed by pinpointing such location on a map and by inputting the street address. You will then be redirected to the main page of the Application and prompted to select a category of Services as well as a timeframe for your desired booking between either an immediate booking or a future booking at a scheduled time.

The data referenced above will be used by us to locate Vendors which are available to work in the relevant location during the time selected. Vendors shall rely on this information when quoting for the Services and when performing such Services. Accordingly, it is your responsibility to provide accurate information so that your expectations can be met. You may also select a Vendor by going to the Vendor’s page on the Application as may be available from time to time.

If the information you provide is inaccurate or if you select a Vendor who is not available in your particular area or at your desired timings, Vendors may not be able to perform the relevant Services and/or additional charges may apply.

5. SERVICE AVAILABILITY

All Services are subject to availability. Each Vendor has a prescribed time and area when/where such Vendor typically operates. Vendors decide their own operating area and working hours. The Vendor’s availability may change at any time due to factors such as weather, prior engagements of the Vendor, travel, holidays, emergencies, etc. That means that the availability of the Vendors, and the range of Vendors from which you can order, depends on the Vendors which work in your area. If you try to order Services to a location outside the applicable service area or outside the working hours of a particular Vendor, we shall notify you that your order cannot be completed or that additional charges may apply. To reduce the risk that a Vendor is unable to provide the requested Services when you request them, it is recommended that you schedule the provision of the Services with a Vendor ahead of time as far as possible.

Although we shall endeavour to keep the Application available at all times, we do not guarantee that the Application will always be available and the Application may sometimes experience periods of downtime such as while we perform maintenance or when we update the Application.

6. ORDERS

When you are ordering through the Application, the information which you may be provided may include:

• Services and items offered by the Vendor with corresponding prices;
• Estimated timing for the Vendor to send personnel to your location (based on the location information that you provide);
• Any delivery charges which may apply;
• Any minimum order value which may apply;
• Any area charge which may apply should the Vendor be required to provide Services in certain areas;
• The Vendor’s cancellation policy;
• The number of completed jobs the Vendor has completed through the Application;
• Ratings from other users of the Application regarding the Vendor; and
• Additional perks which may be offered by the Vendor such as 24/7 availability, GPS tracking, etc.

After selecting a Vendor and the Services to be performed, you will be directed to an order summary page where you will be able to review and confirm the following details:

• Services that have been ordered;
• booking date and time; and
• location where the Services are to be performed

Once the information above has been provided, you will be prompted to select a payment method to finalize your order.

When you place an order through our Application, your order needs to be confirmed by the Vendor before it is accepted. If your order is submitted during a Vendor’s working hours, the Vendor will endeavour to confirm or reject the order within 15 minutes of receiving your order. We shall send you a notification if your order has been accepted by the Vendor (the Confirmation Notice ). The contract for the supply of any Services you have ordered from the Vendor comes into existence when we send the Confirmation Notice. Except as provided in these Terms, an order cannot be amended after the Confirmation Notice has been issued although it can be cancelled as provided in Clause 16 below.

You are responsible for paying for all Services ordered using your Bilkhidma account, for any related charges and for complying with these Terms, even if you have ordered the Services for someone else’s benefit.

7. PRICES, PAYMENT & ACCOUNT CREDITS

The total price of your order (excluding any taxes which may apply) shall be set out on the checkout page on the Application. Unless otherwise agreed, full payment for Services must be provided before the Services are performed by the Vendor. Additional considerations may apply for cash on delivery payments depending on Vendor requirements.

To complete your order, you will be required to select your preferred payment method being either a pay online option or a cash-on-delivery option which may be available depending on the Vendor and the Services to be provided. If you would like to pay online, you will be asked to select to pay through funds linked to your account (your Wallet) or via an acceptable KNET, debit or credit card. If you elect to pay online, once your order has been confirmed, your selected payment method shall be charged and the total amount marked for payment.

Online payments through the Application shall be transmitted to us and then remitted to the relevant Vendor subject to certain deductions. If you select the cash-on-delivery option, such payment should be made directly to the Vendor and thereafter the Vendor shall be responsible for remitting any amount to us which we may be entitled to.

Prices are subject to change at any time at the discretion of the Vendors. No pricing changes shall affect existing confirmed orders unless there is an obvious pricing mistake. In cases where an obvious pricing mistake is detected after the Confirmation Notice has been sent, the Vendor may contact you to inform you of the applicable price or to cancel the order if you do not agree to the new price. The Vendor cannot increase the agreed prices after the agreed-to Services have already been completed.

General price changes shall not affect the price of any in progress orders which appear within your cart/basket on the Application, provided you complete the order within 2 hours of the cart/basket on the Application being populated with the relevant Services and you do not remove the relevant Services from your cart/basket. If you do not conclude the order before the 2 hour cut-off time, the Services shall be removed from your basket automatically and the price change shall apply. If there is an obvious pricing mistake which we or the Vendor detect before we send the Confirmation Notice, we shall notify you as soon as we can and you shall have the choice of confirming the order at the new price or cancelling the order without charge and with a full refund of any money already paid for Services which have not been performed.

You may use any acceptable KNET, debit or credit card to increase the funds in your Wallet which is linked to your Bilkhidma account. You agree that any payment which you may be entitled to in connection with your use of the Application may be provided to you as a credit to your Wallet.

8. ASSESSMENTS

If you do not know what Services you require or what Services may be appropriate for your particular situation, you can always (subject to availability) request that a Vendor perform an assessment of such situation through the Application so that such Vendor can make a recommendation on what Services would be appropriate to address your needs. All assessments ordered through the Application are performed by Vendors free of charge but may be subject to an area charge depending on where the assessments are to be performed and may also be subject to a minimum order value for any resulting Services.

After a Vendor has completed its assessment, such Vendor shall issue a statement of work through the Application for the Services which the Vendor recommends setting out the scope of work to be completed including the Services / items required as well as the corresponding costs. If you approve the statement of work, you will be required to set a date and time for the Vendor to perform the Services at the location where the assessment was performed and set your desired payment method to complete your order.

9. PERFORMANCE OF THE SERVICES

When you place an order you will have the choice to request that it be completed ASAP or at a scheduled time in the future. For an ASAP delivery, we shall inform you of the estimated performance time for the relevant Services before you place the order, but the Vendor shall attempt to render the Services as soon as possible. For an order scheduled for a future time, the Vendor shall attempt to deliver the Services when requested but shall keep you updated via the mobile number linked to your account or through the Application regarding any delays and the time when the Services are expected to be performed. You must be present when the Services are to be performed. If you are not present when the Services are to be performed, the Vendor will not perform the Services and you will be liable for the area charge or 25% of the applicable service charge, whichever is greater.

10. TRACKING AND JOB COMPLETION

Once your Confirmation Notice has been issued, you may be able to track the status of your order until the Vendor completes the relevant Services subject to availability. After the Services have been completed, you will be able to rate the Vendor on the Application and the job order shall be closed.

If the Vendor determines that the scope of work is greater than or different to what you have ordered or if you request additional Services from the Vendor which differ from the Services originally ordered, the Vendor may issue a statement of work through the Application for the Services which the Vendor understands are required, setting out the additional scope of work to be completed including the Services / items required as well as the corresponding costs. If you approve this statement of work, you will be required to set a date and time for the Vendor to perform the Services, the location where additional Services are to be performed and set your desired payment method to complete the additional order.

11. USER CONTENT

After the Services have been rendered, you will be able to submit a review of the particular Vendor (which may or may not be displayed on the Application in our discretion). Reviews you submit should not be obscene or abusive, they shall not include any illegal content and you are solely responsible for any review you submit. Without limiting the aforementioned, if we determine (in our sole discretion) that a review which was submitted by you violates these Terms, our policies or any applicable law, we shall be entitled to delete such review and we may suspend and/or close your Bilkhidma account in our sole discretion. We are not responsible for and disclaim any and all liability for any links provided to third party websites in user reviews.

12. SPECIAL OFFERS

We or the Vendors sometimes make special offers available through our Application. These are visible when you look at a Vendor menu. These offers are available in our discretion if we are making the offer or at the discretion of the relevant Vendors if such Vendors are making the offer. Unless the offer terms state a fixed or minimum period for which an offer shall be available, the offer can be withdrawn at any time, except if you have already placed an order based on the offer and we have sent the corresponding Confirmation Notice.

13. YOUR RIGHTS IF SOMETHING IS WRONG WITH THE ORDERED SERVICES

You have a legal right to receive Services which comply with their description, which are of reasonable quality and which comply with any specific requirements agreed with the Vendor. If you believe that the Services you have been provided do not comply with these legal rights, please let us know.

Under no circumstances will we or the relevant Vendor reimburse you for any amount relating to or arising from any faulty Services/products 6 months after the Services have been performed or products provided; additional terms and conditions may apply – please see the Vendor’s warranty obligations (which may, amongst other things, provide for shorter warranty periods).

14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE THAT YOU SUFFER

Subject to that included elsewhere in these Terms, we may cover property damage resulting from Services ordered through the Application up to a maximum of two times the applicable service charge as set out in the relevant Confirmation Notice to which the underlying Services apply. The Vendor shall also be entitled to rely on the aforementioned limitation of liability on any claims you may make against the Vendor.

In no event shall we or the relevant Vendor be liable (whether in contract, warranty, tort (including negligence or product liability), or otherwise) to you or any other person for an amount in excess of the aforementioned amount (i.e. two times the applicable service charge) in connection with these Terms or the delivery/non-delivery of the Services or in relation to how the Services may have been provided, or for any loss of profit, revenue, business, or data or punitive or consequential damages. We shall not have any liability whatsoever for orders which were concluded between you and a Vendors without utilizing the Application.

We are not responsible for any loss or damage caused by us that is not a foreseeable result of your use of the Application or for loss or damage caused by your failing to use reasonable care and skill in relation to your use of the Application. We are also not responsible for any loss or damage which results from your breach of these Terms, which results from any IT hardware/software failure or which is caused by a Vendor.

If you seek to raise a claim for loss or damage caused by a Vendor, you agree that such claim shall be raised against the Vendor only and not against us.

We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by our failure to use reasonable care and skill or for fraud or fraudulent misrepresentation arising solely and directly from your use of the Application.

Although we will endeavour to ensure that the Application, its contents and its services are accurate, up to date and free from errors, the Application, its contents and its services are provided on an “as is”, “with all faults” and “as available” basis. We do not provide any warranty or guarantee in connection with the Application, its contents and its services, including by way of example, that it will always be available or that it will be free from errors or that it is suitable for any particular purpose and expressly decline any such warranties and guarantees to the maximum extent permitted by law.

15. INDEMITY

You agree to indemnify and hold us harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party (including any Vendor) due to or arising out of your use of the Application in violation of these Terms as well in relation to your negligent/fraudulent actions.

16. CANCELLATION

If you cancel an order, then the terms of the cancellation policy of the particular Vendor shall apply.

We or the Vendor may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us or the Vendor and we shall reimburse you for any payment that you have already made with respect to such cancelled order. In our sole discretion, we may also apply an additional credit to your Wallet to reflect any inconvenience caused.

17. DATA PROTECTION

We collect and utilize your personal data so that we may enhance the quality of the services which we provide to you generally and for the following purposes in particular:

• verifying your identity
• verifying compliance with these Terms;
• guarding against any illegality, fraud and/or abuses of these Terms;
• improving the Application; and
• recommending Vendors.

18. INTELLECTUAL PROPERTY

Nothing in these Terms or the Application itself shall grant you any right, title or interest in any of our or a Vendors intellectual property rights, including (but not limited to) the Bilkhidma trademarks and software of the Application, whether or not such rights are registered, which shall remain our exclusive property at all times.

You may not, and may not authorize any person to: reproduce, alter, modify, create derivative works of the Application; reverse engineer, disassemble, decompile, transfer, exchange or translate the Application or otherwise seek to obtain or derive the source code or API (being any applicable application programming interface with a set of functions and procedures allowing the creation of applications that access the features or data of an operating system, application, or other service), or attempt to do any of the aforementioned.

19. NOTICES

You agree to receive any notifications which we or a Vendor may provide through the Application, your mobile number or your email. If such notifications result in charges imposed by a third party (e.g. mobile phone data charges), you shall be solely responsible for such charges.

20. OTHER TERMS

If either we or you have any right to enforce these Terms against the each other, that right shall not be lost even if the party which has the right delays enforcing it, or waives their right to enforce it in any instance.

If a court or other authority decides that any part of these Terms is illegal or unenforceable, the rest of these Terms shall be unaffected and shall remain in force.

We may amend these Terms from time to time. If we make any changes which affect your rights in relation to our Application, we shall notify you and these amended Terms shall be enforceable the next time you utilize the Application. Amendments to the Terms shall not affect any orders you have placed where we have already sent the Confirmation Notice.

You shall not be entitled to assign your Bilkhidma account or any rights/obligations connected therewith to any third party. You agree that we shall be able to assign any and/or all of our rights and obligations in connection with these Terms to any third party in our sole discretion.

These Terms are governed by Kuwaiti law and you can bring legal proceedings in relation to our Application in the courts of Kuwait.