Welcome to Kabbenterprises ("Kabbenterprises," "we," or "us"). This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the "Services"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement") and to the collection and use of your information as set forth in the Kabbenterprises Privacy Policy, whether or not you are a registered user of our Services. Users of our Service must also agree to our Acceptable Use Policy. Kabbenterprises reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Services ("Users").

Kabbenterprises, its services and its websites, www.Kabbenterprises.com, is owned wholly by Kabbenterprises Limited, Therefore, any referral to Kabbenterprises or its services, directly refers to Kabbenterprises Limited. United Arab of Emirates is our country of domicile

1. Use of Our Services

Kabbenterprises provides a platform that enables users of Kabbenterprises's Services to arrange and schedule the fulfillment of many different kinds of requests by third party providers of various services (each a "Third Party Provider").

A. Eligibility

This is a contract between you and Kabbenterprises. You must read and agree to these terms before using the Services. If you do not agree, you may not use the Services. You may use the Services only if you can form a binding contract with Kabbenterprises, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.

You must be of at least the age of 18, or accessing the Services under the supervision of a parent or a legal guardian, under which the Guardian would be held liable for your actions, to use the Services of Kabbenterprises, In Certain instances, Kabbenterprises may require you to provide proof of identity to create your account, or to access or use the Services, and you acknowledge and agree that you may be denied access or use of the Services if you refuse to provide such proof. The Services are not available to any Users previously removed from the Services by Kabbenterprises.

B. Kabbenterprises Services

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services for your personal, non-commercial use only and as permitted by the features of the Services. Kabbenterprises reserves all rights not expressly granted herein in the Services and the Kabbenterprises Content (as defined below). Kabbenterprises may terminate this license at any time for any reason or no reason.

C. Kabbenterprises Accounts

Your Kabbenterprises account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an Kabbenterprises account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement and that you agree to this Agreement on the entity's behalf. By connecting to Kabbenterprises with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another User's account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or our termination of this Agreement.

You are solely responsible for the activity that occurs on your account, and you must keep and maintain account security and confidentiality. You must notify Kabbenterprises immediately of any breach of security or unauthorized use of your account. Kabbenterprises will not be liable for any losses caused by any unauthorized use of your account.

By providing Kabbenterprises your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers.

D. Services Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services (except that Kabbenterprises grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email, SMS, or other messages; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.

We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services or refuse to provide a Service or a particular order, without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Kabbenterprises shall have no liability for your interactions with other Users, or for any User's action or inaction

2. Our Proprietary Rights

The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the " Kabbenterprises Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Kabbenterprises and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Kabbenterprises Content. Use of the Kabbenterprises Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Kabbenterprises under any fiduciary or other obligation and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Kabbenterprises does not waive any rights to use similar or related ideas previously known to Kabbenterprises, or developed by its employees, or obtained from sources other than you.

3. Paid Services

A. Pricing.

When you order something, we'll let you know the total price so you can confirm it before you are billed. The price provided is viable for 10 mins.

B. Billing Policies.

Certain aspects of the Services may be provided for a fee or other charge. Kabbenterprises may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective immediately as provided in this Agreement. Any acceptance of billing through any used messaging platform will be considered as a final confirmation of acceptance and legally binding. We accept payments online using Visa and MasterCard credit/debit card in AED.

C. Refund and Cancellation Policy.

You may cancel your Kabbenterprises account or any requests at any time; however, Kabbenterprises will provide refunds for purchases only in Kabbenterprises's sole discretion. Any refunds will be made onto the original mode of payment. In the event that Kabbenterprises suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any Kabbenterprises Property, any content or data associated with your account, or for anything else, except if, in Kabbenterprises's sole discretion, Kabbenterprises provides you a refund or exchange.

You have the right to cancel an order within 24 hours unless the order has been executed, execution stage is when the agreed transaction amount is debited from your credit card. Kabbenterprises can cancel any order and you will be notified accordingly. Any payment made prior to an order being canceled by Kabbenterprises will usually be reimbursed using the same method you used to pay for. Any order canceled after it becomes Un-cancellable will be charged to you. Kabbenterprises alone will determine whether an order is Un-cancellable or not. For example, if a customer orders food delivery, and decides to cancel the order when the order has almost arrived, Kabbenterprises will not reward a refund. You agree that your refunded amount will not be processed in not less than 30 days.

D. Payment Information.

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. The cardholder must retain a copy of transaction records and Merchant policies and rules.

E. Delivery Policy.

Kabbenterprises will use third party delivery services on a best effort basis to connect sellers with buyers.

A single order may be split into multiple shipments, depending on the availability of the item and/or weight limits for a parcel by the courier/postal company. The cardholder should be aware of the possibility that multiple shipments may result in multiple postings to the cardholder's monthly statement.

Delivery Fees will be covered in the item price and delivery time will be the same day

You will receive payment confirmation through email and in less than 24 hours

4. Privacy

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our privacy policy, and to have your personally identifiable information collected, used, transferred to and processed in the United Arab Emirates.

5. Security

Kabbenterprises cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

6. Third-Party Links and Information

The Services may contain links to third-party materials that are not owned or controlled by Kabbenterprises. Kabbenterprises does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services, you do so at your own risk, and you understand that this Agreement and Kabbenterprises's Privacy Policy do not apply to your use of such sites. You expressly relieve Kabbenterprises from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Kabbenterprises shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

7. Indemnity

You agree to defend, indemnify and hold harmless Kabbenterprises and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, Intellectual Property Rights, and any rights of Third Party Providers; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of the Services with your unique username, password or other appropriate security code.

8. No Warranty

The service is provided on an "as is" and "as available" basis. The use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Kabbenterprises or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, Kabbenterprises, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; that any requests will be met satisfactorily or at all; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.

Kabbenterprises does not guarantee the suitability, safety, or ability of any third party provider, nor that any such third party provider will meet your requirements or expectations. Kabbenterprises does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Kabbenterprises service or any hyperlinked website or service, and Kabbenterprises will not be a party to or in any way monitor any transaction between you and providers of such third party products or services.

Federal law, some provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Kabbenterprises, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this service. Under no circumstances will Kabbenterprises be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

To the maximum extent permitted by applicable law, Kabbenterprises assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of requests or content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any requests or content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; (vii) the defamatory, offensive, or illegal conduct of any third party; and/or (viii) any transaction or relationship between you and any third-party provider. In no event shall Kabbenterprises, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in any amount.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Kabbenterprises has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

If you are dissatisfied with the Service, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Services as a result of your negligent act or omission would result in irreparable injury to Kabbenterprises. Kabbenterprises shall treat any such unauthorized use as subject to the terms and conditions of this User Agreement.

Platform for Communication

The Service is only a platform for communication whereby users may request for a service or a product to be provided. Kabbenterprises is not and cannot be a party to or control in any manner any transaction between the user and the third-party provider and cannot guarantee that a buyer or seller will complete a transaction or accept the return of an item or provide any refund for the same. You will not hold Kabbenterprises responsible for other users' or third-party provider’s content, actions, or inactions, or items or Information. Product representations using the Service are those of the third party supplier and are not made by Kabbenterprises.

10. Governing Law and Arbitration

This User Agreement is governed by and construed in accordance with, UAE law. This clause will survive any expiry or cancellation of this User Agreement for any reason. Kabbenterprises will NOT deal or provide any services or products to any of OFAC sanction countries in accordance with the law of the UAE.

Disputes

If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) ("Dispute") arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the dispute through good-faith negotiations over a period of thirty (60) calendar days commencing on the date that a party first sends to the other party written notice of the Dispute.

In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration Rules of the Dubai International Financial Centre - London Court of International Arbitration ("LCIA"), which rules ("Rules") are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator to be nominated to the LCIA court for appointment. If the parties to the arbitration fail to nominate a sole arbitrator within 30 days from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by the LCIA Court), the sole arbitrator shall be appointed by the LCIA Court. The seat or legal place of the arbitration shall be Dubai International Financial Centre, UAE. The arbitration proceedings shall be conducted in the English language and the award shall be in English. The foregoing provisions of this clause are without prejudice to the right of Kabbenterprises to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and Kabbenterprises shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.

11. General

A. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Kabbenterprises without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

B. Notification Procedures and Changes to the Agreement

Kabbenterprises may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Kabbenterprises in our sole discretion. Kabbenterprises reserves the right to determine the form and means of providing notifications to our Users. Kabbenterprises is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Kabbenterprises may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified' date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Services.

C. Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with Kabbenterprises in connection with the Services, shall constitute the entire agreement between you and Kabbenterprises concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

D. No Waiver.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Kabbenterprises's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

E. Contact.

Please contact us at [email protected] with any questions regarding this Agreement. This Agreement was last modified on 18/11/2019.

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