Introduction

Welcome to Kimih Information Technology CO. L.L.C (“Kimih,” “we,” “us,” “our”). These Terms of Service (“Terms”) govern your access to and use of our website, mobile applications, and other services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Description of Services

Kimih provides a marketplace that connects buyers with various beauty and wellness service providers in the UAE. Our platform enables service providers to list and offer their services, while buyers can search for, book, and review these services. Kimih does not charge businesses to join the platform. Instead, we charge a transaction fee of 5% on each successful booking processed through our platform. This fee is deducted from the payment made by the customer, and the remaining amount is transferred to the service provider.

Service Availability: We strive to ensure that our Services are available at all times. However, we do not guarantee uninterrupted access to the Services and may suspend, modify, or discontinue them at our discretion without prior notice.

2. Eligibility

To use our Services, you must be at least 16 years old and capable of entering into a legally binding agreement. By using our Services, you represent and warrant that you meet these eligibility requirements and agree to comply with all applicable laws and regulations.

User Responsibilities: You are responsible for ensuring that your use of our Services complies with these Terms and all applicable laws, including any local regulations. You are also responsible for any activities conducted under your account.

3. Account Registration

• Account Creation: To access certain features of our Services, you may need to create an account. You must provide accurate, current, and complete information during the registration process and update such information as necessary to keep it current.
• Account Security: You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
• Account Termination: We reserve the right to suspend or terminate accounts that are inactive for an extended period, violate our Terms, or engage in fraudulent activities. Upon termination, all rights granted to you under these Terms will immediately cease.

4. Use of Services

• Lawful Use: You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not use our Services to engage in any illegal or unauthorized activities.
• Prohibited Conduct: You shall not interfere with or disrupt the operation of our Services, nor shall you post or transmit any content that is harmful, defamatory, or otherwise objectionable. You are also prohibited from using our Services to damage, disable, overburden, or impair our systems or networks.
• User Obligations: You agree to comply with all guidelines and policies related to the use of our Services, including any additional terms and conditions that may apply to specific features or promotions.

5. User Content

• Content License: By posting or transmitting any content through our Services, you grant Kimih a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, modify, distribute, and display such content in connection with the operation of our Services, including for promotional purposes.
• Content Responsibility: You are solely responsible for any content you post, and you represent and warrant that you have all necessary rights and permissions to grant us the aforementioned license. We reserve the right to remove any content that violates these Terms or is otherwise objectionable.
• Content Monitoring: While we do not regularly monitor user content, we reserve the right to review and remove content at our discretion and to take appropriate action if we believe content violates these Terms or applicable laws.

6. Payments and Refunds

• Payment Processing: Payments for services booked through Kimih are processed by third-party payment providers. You agree to provide accurate and complete payment information and acknowledge that Kimih is not responsible for any issues related to payment processing, including but not limited to payment disputes or refunds.
• Transaction Fee: Kimih charges a transaction fee of 5% on each successful booking. This fee is deducted from the payment made by the customer, and the remaining amount is transferred to the service provider.
• Refund Requests: Refunds for services are subject to the service provider's refund policy. For details on refund and cancellation policies, please refer to our Cancellation Policy section below.
• Chargebacks: If you initiate a chargeback with your payment provider, you agree to cooperate with us in the dispute process. We reserve the right to recover any fees or costs incurred as a result of chargebacks.

7. Cancellation Policy

For Customers:

• General Policy: To receive a full refund, cancellations must be made at least 24 hours before the scheduled time. Cancellations made within 24 hours of the appointment will incur a charge of 100% of the service cost. No-shows will be charged 100% of the service cost.
• Refunds and Credits: If you cancel more than 24 hours before the appointment, you will receive a full refund or credit towards future services. Late cancellations will not receive a refund but may receive a credit towards future services. No refunds will be issued for no-shows.
• Emergency Cancellations: In emergencies, contact customer support immediately. Exceptions may be made at the discretion of the merchant.
• Frequent Cancellations: Customers with frequent cancellations may be required to provide a deposit for future bookings.

For Merchants:

• Cancellation: Merchants must cancel appointments at least 24 hours before the scheduled time. Late cancellations should include a valid reason and inform the customer immediately.
• Refunds and Compensation: If a merchant cancels an appointment, the customer will receive a full refund or credit. Merchants may offer additional compensation if the cancellation causes significant inconvenience.
• Rescheduling: Merchants should prioritize rescheduling affected customers and offer multiple options to accommodate their availability.
• Customer Communication: Merchants must notify customers of cancellations promptly and handle them professionally.

8. Service Providers

• Marketplace Role: Kimih serves as a marketplace that facilitates transactions between buyers and service providers. We do not endorse or guarantee the quality, safety, or legality of any services offered by service providers.
• Dispute Resolution: Any issues or disputes arising from services provided are to be resolved directly between the buyer and the service provider. Kimih is not liable for any disputes or issues that arise from these transactions. We may offer limited assistance in dispute resolution at our discretion.

9. Limitation of Liability

To the fullest extent permitted by law, Kimih shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• (i) your use of or inability to use our Services;
• (ii) any conduct or content of any third party on our Services;
• (iii) unauthorized access, use, or alteration of your content or information;
• (iv) any issues arising from transactions between buyers and service providers;
• (v) any errors or omissions in the content provided through our Services;
• (vi) any issues related to third-party services or products linked to our platform.

10. Indemnification

You agree to indemnify and hold harmless Kimih, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with:

• your access to or use of our Services;
• your violation of these Terms;
• any content you post on our platform;
• any disputes between you and other users or service providers;
• any claims related to your breach of third-party rights.

11. Termination

We may terminate or suspend your access to our Services, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use our Services will immediately cease. Termination will not affect any rights or obligations that have accrued prior to the termination date. We reserve the right to delete or deactivate accounts that have been terminated.

12. Prohibited Activities

• Intended Use: You may only use the Services for their intended purpose. Commercial use is only allowed if endorsed by us.
• Data Retrieval: You agree not to systematically retrieve data or content without permission, trick, defraud, or mislead us or users.
• Security and Reputation: You shall not circumvent or interfere with security features, disparage or harm us or the Services.
• Harassment and Misuse: You shall not use information to harass or harm others, misuse support services, or use the Services inconsistently with laws.
• Technical Restrictions: You shall not engage in unauthorized framing or linking, upload or transmit disruptive material, or use automated systems.
• Intellectual Property: You shall not delete copyright notices, impersonate others, upload spyware, interfere with networks, or harass employees.
• Software Use: You shall not bypass access restrictions, copy or adapt the Services software, decipher or reverse engineer software, or use unauthorized scripts.
• Unauthorized Activities: You shall not use agents for purchases, collect information for unsolicited emails, use the Services to compete with us, or advertise or sell goods.
• Profile and Services: You shall not sell or transfer your profile or engage in any activity that could damage, disable, overburden, or impair the Services.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the UAE, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in the UAE.

Changes to Terms

We may modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of our Services after any changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for any updates or changes.

Contact Information

For any questions or concerns regarding these policies, please contact us at:

• Kimih Information Technology CO. L.L.C
• Email:help@kimih.com
• Registration no: 2361735
• Address: Office 43-44, Building of Dubai Municipality,
• United Arab Emirates