TERMS & CONDITIONS OF SERVICE

Please read the following General Terms and Conditions carefully as the provisions contained herein shall govern your access and use of our application “MyHome” hereinafter referred to as Application and MyHome. This Application is owned by or on behalf of Wabash Technology General Trading , having its registered office at [Baitak Tower, Qibla, Ahmed Al-Jaber Street, Kuwait City] and contact email address [help@myhome.app]. Our Application provides a platform to connect the consumers (hereinafter referred to as “Service Requesters” with the service providers (hereinafter referred to as “Service Providers” through our Application. MyHome facilitates the provision of the services of the Service Providers is hereinafter refer to as “the Services” and any additional services introduced by us and contained within constitutes acceptance by you of these Terms and Conditions.

The introduction of the Service Providers to the Service Requesters by MyHome, directly or indirectly, is confidential and such introductions are made individually. MyHome shall not be responsible for any losses, expenses, damage, delay, costs or compensation (whether direct, indirect or consequential) suffered by you due to the engagement of the Service Provider through third party reference.

By downloading or otherwise accessing the Application you hereby agree to be bound by the following general terms and conditions and privacy policy. There may be the addition of additional features in the Application and those special features may have its own terms and conditions and those additional terms and conditions would also apply in context of use of an Application along with the Terms and Conditions. You agree that you have read, understood and accept the terms and conditions set forth herein and that:

  1. That you are a person with sufficient capacity to contract.
  2. That you assume all the obligations set forth herein.
  3. You are at least [18] years old.
  4. If you do not understand or if you have any doubts about this document before contracting, you will consult us to resolve them.

  1. GENERAL

    1. The Application is owned and operated by MyHome and/or its associates, related parties, successors and assigns (collectively hereinafter referred to as “Provider“, “us”, “we” or “our”.
    2. The terms and conditions set below apply to:
      1. any persons accessing and downloading the Application ('Visitor');
      2. any persons supplying in any way personal information (including name. age, height, weight, gender, medical history and email address) to MyHome through or in connection with the Application, whether by way of MyHome's contact form, by email or otherwise ("Registered User"). As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach of this condition.
      3. If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.

      Both categories of users are collectively referred to as “Service Requesters” "Users", "you" or "your" in this T&C.

    3. By becoming a User, you hereby acknowledge and agree to be bound by the T&C.
      1. We may suspend or stop providing the services if you do not comply with our terms and conditions and policies.
      2. Using our Application as well as various services provided by us through our Application does not grant you any Intellectual property rights in Our Application and Services or content provided by us except your personal data or information uploaded on our Application.

  2. ELIGIBILITY FOR REGISTRATION AND ACCOUNT SAFETY

      In consideration of you are becoming a User, you represent and warrant that:
    1. you have the capacity to form a binding contract;
    2. you are not a person barred from accessing or using the Application under the governing laws of the Terms and Conditions;
    3. your access or use of the Application does not violate any applicable law or regulation.
    4. You will keep your contact information accurate and up-to-date.
    5. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
    6. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
    7. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
    8. If you post negative comments that are contrary to law or public security, we reserve the right to remove them if they are detected.

  3. SCOPE OF THE TERMS AND CONDITIONS

    1. This Terms and Conditions shall apply to the contracting of the services through the mobile application owned by the Provider. They do not replace, extend or modify the conditions, terms or contracts formalised by the user of the Application applicable to any other service contracted to perform the activity.

  4. SERVICE REQUESTS AND PAYMENT

    1. Service Requesters can make the online service request for the Service Providers according to their specified requirements along with the details of the location at least [one hour] in advance. Service Requester shall verify the details of the Service request before its submission through the Application. Service Requester may reschedule his/her request via Application itself.
    2. Service Requesters shall receive status update notification via the Application as soon as a Service Provider has been assigned. After acceptance, you can have an access to the full profile of the assigned Service Provider and you can communicate with the Service Provider.
    3. Once the Service Provider is on-site there may be additional charges for materials or additional scope of work requested from the Service Requester of which he/she will be invoiced through Application itself.
    4. In case of the non-suitability of the Service Provider, you can make a new request and this would send notifications of suitable Service Providers except those who have been rejected by you.
    5. If we are unable to respond to your service request for any reason whatsoever, we will notify you.
    6. The Service charges shall be the amount applicable at the time Service Requester makes the request. Charges may change at any time but this would not affect the requests made prior to such change.
    7. Service Charges would cover the labor charges for the selected services only. The service charges would not cover the prices of material or any other services not specified in the request. This will be an additional charge that the Service Requester will be invoiced upon agreement between the Service Provider and Service Requester.
    8. In case Service Provider has been requested with additional services other than original service request upon his arrival, then the Service Requester would receive separate invoice for the payment as agreed between the Service Requester and Service Provider in lieu of the additional services provided by the Service Provider.
    9. Service Requesters shall receive the invoice for the service request submitted. The Service Requester may make the payments with K-Net, Visa or MasterCard via Application, or cash to the service provider.
    10. Choosing the preferred payment method for the Services availed of by the Service Requester shall be made online via our Application or cash given to the Service Provider, of which you shall receive a receipt saved in your account.

  5. CANCELLATION AND REFUNDS

    1. In case the Service Requester cancels any service requests, then the Service Requester shall cancel it at least [6] hours before the requested schedule time. The Service Requester shall give a call to MyHome call center for the cancellation of the service request.
    2. If such cancellation is accepted, Wabash Tech General Trading Co. WLL. will refund any amount paid by the Service Requester within [3] business days. If the user is entitled to a refund, it will only be made by the same means of payment as used by the user.
    3. If in case the Service Provider attends the service at the scheduled time, but the Service Requester is not satisfied with the completion of the Service, the Service Requester may not claim any refunds of the amount paid in the first invoice.

  6. OBLIGATION OF THE SERVICE REQUESTERS

    1. You shall satisfy yourself as to the qualification and suitability of any Service Provider.
    2. You shall be responsible for obtaining work and other permits and clearances for the Service Provider where necessary. It is also your responsibility to inspect the originals of any necessary documentation.
    3. You assume full legal responsibility for tax compliances and public liability insurances of the Service Providers and for compliance with all applicable legal requirements.
    4. Please ensure that the Service Provider's order has been completed before the Service Provider leaves the place where the Service is provided.
    5. Please do not agree for additional services, not specifically mentioned, in initial service request, from the service provider without the involvement of MyHome Application. If this does happen, you will not receive an invoice from MyHome and thus you shall assume all responsibilities from the results in addition to the possibility of having your MyHome account suspended.

  7. EXCLUSION OF LIABILITY AND DISCLAIMER

    1. You acknowledge that the decision to employ a Service Provider is your sole responsibility and MyHome gives no warranty, representation or undertaking as to the history, character, age, experience, capability, suitability, honesty or immigration status of any Service Provider nor as to the completeness, truthfulness or accuracy of any information or statement or reference provided by the Service Provider. MyHome's role is limited to connecting you with the Service Provider and to facilitate the process of obtaining the requested service and thus shall not be liable for any mistake disagreement or the quality of the services provided.
    2. You acknowledge the risks inherent in introduction service and thus hereby waive all rights to any claim for damages from, and relieve, release, and forever discharge from any claim for damages, any and all of MyHome and any person involved in creating, producing or distributing the MyHome service or information pertaining to the MyHome service. MyHome does not accept any liability whatsoever for the misrepresentation, loss, damage, injury, death delay, claims or expense of any description arising out of an introduction made by MyHome.
    3. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.
    4. You expressly understand and agree that MyHome, its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss or profits, goodwill, use, data or other intangible losses, even if MyHome has been advised of the possibility of such damages, resulting from:
      1. the accessing of, or the inability to access, the Application, the use of, or the inability to use of the Application, all implied warranties, terms and conditions relating the Application;
      2. unauthorized access to or alteration of any of your transmissions or data, including any User Content;
      3. Any warranty, terms or conditions as to accuracy, operability, completeness, quality of the Application.
    5. We hereby disclaim any liability and shall not incur any liability for any damages arising out of the services provided by the Service Provider and any damages to the home of the Service Requester.

  8. WARRANTIES AND DISCLAIMERS

    1. We are using a commercially reasonable level of skill and care and we hope that our User would enjoy the use of our Application. We hereby do not warrant any commitment about the content within the services, the specific functions of the services, suitability and reliability of the services to your specific needs. MyHome endeavours to ensure, but cannot guarantee, the suitability of the Service Providers. Suitability includes, but is not limited to, a Service Providers' character, honesty, reliability or professional capacity. You shall, before engaging the Service Provider, satisfy yourself of all such matters.
    2. We will not be subject to any legal liability and will not be responsible for any failure or delay in the performance of any of the obligations and promises of the service provider.
    3. We are not responsible for any possible damages that may be caused by the fact of using devices with defective Internet access or outdated versions of browsers or the Application, or as a result of the malfunctioning of the device, browser or Application.

  9. INDEMNITY

    1. You agree, as long as it is not attributable to MyHome, to fully indemnify, defend and hold the MyHome, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims or demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your:
      1. access and use of the Application or any Application Contents thereof;
      2. violation of the Terms and Conditions;
      3. violation of privacy policy;
      4. violation of any rights of another;

  10. PRIVACY AND COPYRIGHT

    1. All copyright in all material contained on, in or available through Application are owned by MyHome or its proprietary holders, and you are required to abide by all copyright notices contained on the Application.
    2. Except to the extent otherwise specifically authorized by MyHome and/or the proprietary holders:
      1. you may not copy, modify, translate, publicise, reproduce, exploit, broadcast, transmit, distribute, perform, display or sell any of, or any portion of, any or all material, or create any derivative works thereof, and you may not use any of the material in connection with any commercial endeavours, whether in whole or in part;
      2. you may not alter the text, graphics, images, audio visual or any other materials.
    3. Any unauthorized reproduction, publication, further distribution or public exhibition of the material, in whole or in part, is strictly prohibited.
    4. In addition, the domain name, MyHome's name, logo, other names and logos of MyHome as may be created, produced or used from time to time ("Marks") are trademarks or registered trademarks of MyHome and its affiliated companies. Without express and written prior permission, you agree not to display or use in any manner the Marks for any purpose whatsoever.

  11. CONFIDENTIALITY

    1. Each party undertakes to the other to treat as confidential all information in any medium or format (whether marked 'confidential' or not) which that party (the 'Recipient') receives from the other (the 'Disclosing Party') ('Confidential Information')
    2. The Recipient may disclose Confidential Information of the Disclosing Party where required to do so by law or by any competent regulatory authority. In these circumstances the Recipient shall give the Disclosing Party prompt advance written notice of the disclosure (where lawful and reasonably practical to do so) so that the Disclosing Party has sufficient opportunity (where reasonably possible) to prevent or control the manner of disclosure by appropriate legal means.
    3. MyHome may disclose the Service Provider personal information to third parties (including but not limited to):
      1. in the event that MyHome sells or buys any business or assets, in which case MyHome may disclose the Service Provider's personal data to the prospective seller or buyer of such business or assets;
      2. if MyHome or substantially all of its assets are acquired by a third party, in which case personal data held by it about its Service Providers will be one of the transferred assets;
      3. If MyHome is under a duty to disclose or share My Home's personal data in order to comply with any legal obligation, or in order to enforce or apply these terms and conditions and other agreements; or to protect the rights, property, or safety of MyHome, their Service Providers, its clients or others. This includes exchanging information with other public organisations and supervisory authorities for the purposes of fraud protection and credit risk reduction.
    4. MyHome reserves the right to use comments and feedback Service Requester's give on Application as a way of promoting our services

  12. ADVERTISEMENTS AND OTHER COMMERCIAL CONTENT

    1. For the benefit of the user and the advertisers, we use to deliver advertising and other commercial or sponsored content. The provision of advertising and other commercial or sponsored content you shall agree to provide us the permission

  13. MODIFICATIONS TO THE APPLICATION, CONTENT AND TERMS AND CONDITIONS

    1. MyHome reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application or any part thereof, with or without notice to you. You agree that MyHome shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Application or any part thereof. The most current version of the Terms and Conditions as posted on this page shall supersede all previous versions.
    2. It is your responsibility to check regularly to determine whether a new version of the Terms and Conditions has been uploaded. If you do not agree to any revisions pursuant to the upload of a new version of the Terms and Conditions, then you must immediately stop using the Application.
    3. You agree that MyHome shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Application, and/or amendments to the Terms and Conditions. Your continued use of the Application after such modifications or amendments shall constitute an acceptance of your agreement to be bound by the Terms and Conditions, as amended.

  14. OFF SITE LINKS

    1. In order to offer increased value to our Users, the MyHome may provide, or third parties may provide, links to other websites or resources, which you may access at your sole discretion.
    2. You understand and acknowledge MyHome has no control over such sites and resources. In this respect, you also acknowledge and agree that MyHome is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.
    3. You further acknowledge and agree that MyHome shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  15. EMAIL POLICY

    1. We will not respond unless required to do so by law to any email sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.
    2. We will not disclose any personal information under any circumstances of any staff, employee, contractor or worker of MyHome and/or MyHome's associates.
    3. Where appropriate we will endeavour to respond to all emails within [two business days] of receipt, but we are not committed to strictly respect this deadline. All emails will generally be stored for [a certain period of time] after which they may be deleted. Any email sent to the incorrect destination is liable to be deleted immediately.

  16. PRIVACY POLICY

    1. The use of any personal information collected from you is subject to our Privacy Policy, which is incorporated into this Terms and Conditions by clicking onto the following link

  17. NO THIRD PARTY BENEFICIARIES

    1. You agree that, except as otherwise expressly provided in this Terms and Conditions, there shall be no third party beneficiaries to this Terms and Conditions, and that you may not assign your profile or registration to any other persons.

  18. NOTICES

    1. If you choose to provide us with a nominated email address, unless you expressly inform us otherwise, MyHome may communicate with you by providing you with notices regarding updates, changes or additions to the Application or Services offered through or in connection with the Application.

  19. AVAILABILITY AND TERRITORIAL SCOPE OF THE SERVICES

    1. The services will be available for the user upon contracting, once the steps to contract described in this General Terms and Conditions have been completed. The services can be contracted while they are published on the Mobile Application and on the web.
    2. The territorial scope for the performance of the services is [Kuwait], even though the user may contract them anywhere in the world where the Mobile Application provided.

  20. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

    1. This Terms and Conditions shall be governed by and construed in accordance with Kuwaiti law. The User may bring any action he/she deems appropriate before the Kuwaiti courts corresponding to Provider's domicile, or before the courts of the place where the User resides or where consumer and user legislation allows it. When the User is not considered a consumer, the competent jurisdiction shall be the domicile of the Provider.
    2. We guarantee that the App complies with the provisions of the General Data Protection Regulation in all matters relating to the processing of personal data of Wabash Tech General Trading Co..

  21. ENTIRE AGREEMENT

    1. The Terms and Conditions constitute the entire agreement between you and MyHome and govern your access and use of, or purchase through or in connection with the Application, superseding any prior agreements between you and MyHome.
    2. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services of MyHome, affiliated services, third-party content or third-party software.

  22. WAIVER AND SEVERABILITY OF TERMS

    1. The failure of MyHome to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
    2. If any provision of the Terms and Conditions is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

  23. FEEDBACKS

    1. MyHome Application seeks to gain the satisfaction of its users by connecting them to the specialized and skillful service providers. Therefore, it is important to know your opinions and feedbacks to assess your satisfaction with the Application. As such, please keep us informed whether you are satisfied or unsatisfied with any service provided to you specifying the mistakes and damage and its nature so that we can reconsider the relation with the service provider whose service does not meet your satisfaction.

  24. VIOLATIONS AND INFRINGEMENTS

    1. Any violations or infringement of the T&C should promptly be reported by the User by emailing MyHome at [help@myhome.app]

  25. Cash Back, Discount, Fees & In-App Credits Policy

    1. MyHome Reserves the right to add, remove, change or edit any cash-backs, discounts, discount codes, promotions and In-App Credits at its sole discretion, and at any time it sees fit.
    2. The validity of the discount codes, discounts, credit and cash-back is limited to 90 days as an absolute maximum. MyHome reserves the right to disable, cancel or invalidate the credits, discounts, discount codes, cash-back and promotional codes at any time it sees fit and at its sole discretion.
    3. Discounts, Discount Codes, In-App Credits, Cash-Back are not transferable to any other party without the approval of MyHome's management.
    4. In-App Credits can under no circumstances be transferred outside the application or website to another platform or account.

  26. MyHome+ Subscription Policy

    1. MyHome Reserves the right to disable, cancel or invalidate the MyHome+ subscription at its sole discretion, and at any time it sees fit.
    2. The validity of the MyHome+ subscription is limited to the selected plan as an absolute maximum.
    3. The validity of the Free Assessment under MyHome+ subscription is limited to 5 visits per calendar month without a secondary invoice as an absolute maximum. MyHome Reserves the right to disable, cancel or invalidate the MyHome+ subscription if we determine that you violate these Terms.
    4. The MyHome+ subscriptions are not transferable to any other party without the approval of MyHome’s management. Each subscription is limited to 1 user as absolute maximum. If we determine that you have violated this, MyHome Reserves the right to disable, cancel or invalidate the MyHome+ subscription at its sole discretion.
    5. The MyHome+ subscription can under no circumstances be transferred outside the application or website to another platform or account. The MyHome+ subscription is applicable for services provided by MyHome and its subsidiaries and is not applicable for services provided by third-party service providers.