These Terms of Service govern your access to and use of the Kuwait Nanny and Maid
website (collectively, the “Site”) and any services (the “Services”) offered on
the Site. This is a legal agreement between you and Kuwait Nanny and Maid Part
of DCLICK DWC LLC Limited, ("we", "us" or "Kuwait Nanny and Maid".).
By clicking the “I Agree” button on the account registration page or by using the
Site, you are agreeing that you have read, understand, and agree to be bound by
these Terms of Service.
If you do not agree or are unable to agree to be bound by these Terms of Service,
do not use the Site or the Services.
We may modify these Terms of Service from time to time. When changes are made, we
will make the revised version available on this webpage, and will indicate at the
top of this page the date that revisions were last made. Your use of the Site or
the Services after such posting will constitute acceptance by you of such changes.
These Terms of Service are organized into the following eighteen sections:
1. Nature of Our Site and Services
2. Eligibility
3. Use of Site and Services
4. User Content and Communication Rules and Guidelines
5. Termination
6. Third Party Verification Service
7. Fair Credit Reporting Act
8. Third Party Sites
9. Payment, Subscription, and Refund Policies
10. Online Payment Service
11. SMS Text Message Alert Service
12. Promotional Offers and Credits
13. Intellectual Property Rights
14. Disputes
15. Disclaimer of Warranty and Limitation of Liability
16. Indemnification
17. Digital Millennium Copyright Act
18. General Provisions
1. NATURE OF OUR SITE AND SERVICES.
a. Site is a Venue. The Site provides a venue for people seeking nanny and/or maid
services ("Parents") to connect with people who want to provide those services ("Nanny
and Maids," and collectively with Parents, “Users”). Kuwait Nanny and Maid is not
a referral, matching or placement service and does not provide, refer, place, offer
or seek to obtain employment or engagements for any of its Users.
Kuwait Nanny and Maid has no obligation to screen or verify the identity or background
of any User. Kuwait Nanny and Maid does not screen or verify the training or experience
of any of the Users, including Users who have Subscriptions, or any content submitted
by a User or anyone other than Kuwait Nanny and Maid ("User Content"), including but
not limited to User Profiles and Reviews. Kuwait Nanny and Maid has no control over
the accuracy, reliability, completeness or timeliness of Profiles, Reviews, background
check information, affiliations or other User Content submitted on the Site, and
makes no representations about any such User Content on the Site
Kuwait Nanny and Maid further makes no representations about the Nanny and Maids or
the Parents. You should make your own assessments of the persons you decide to interact
with, engage or provide services to.
b. Transactions Are Solely Between Users. WE ARE NOT INVOLVED IN THE TRANSACTIONS
BETWEEN NANNY AND MAIDS AND PARENTS. Users arrange for the services solely
between themselves, and Kuwait Nanny and Maid is not a party to any of those arrangements.
Kuwait Nanny and Maid does not have control, supervise or provide any training or
equipment to the Nanny and Maids, and has no control over the quality, timing, legality,
failure to provide, or any other aspect whatsoever of the services provided by Nanny
and Maids. Because we are not involved in User- to-User dealings or control the
behavior of Users, Users must resolve any issues, disputes or concerns directly
with each other, including any issues regarding payments to a Nanny and Maid or
services received by a Parent. As set forth in Section 15, you agree to release
Kuwait Nanny and Maid from any claims or liability that may arise from any disputes
between you and other Users.
Kuwait Nanny and Maid is not an employment service and does not serve as an employer
of any User. As such, Users are solely responsible (and Kuwait Nanny and Maid
is not responsible), for any tax, withholding or reporting, including, but not limited
to, unemployment insurance, social security or payroll withholding tax or income
reporting in connection with any services provided by Users. You understand and
agree that if Kuwait Nanny and Maid is found to be liable for any tax, withholding
tax or reporting obligation in connection with any services provided or received
by you, then you will immediately reimburse and indemnify Kuwait Nanny and Maid for
all costs, expenses and liabilities (including any interest and penalties) relating
to the same.
If requested by Kuwait Nanny and Maid, you agree to provide Kuwait Nanny and Maid with
such identification documents (including copies of passports and driver's licenses)
or other information as may be needed or requested by Kuwait Nanny and Maid.
2. ELIGIBILITY.
By requesting to use, registering to use and/or using the Site, you represent and
warrant that:
a. if you are a Parent:
i. Minimum Age.You are an individual at least 18 years of age and at least
the legal age of majority in the state in which you reside; and
ii. Criminal History. You and each member of your household (a) have/has
never been convicted of, or is/are currently pending trial for, any felony, any
criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense
that involves endangering the safety of others, and (b) have/has not been and are/is
not currently required to register as a sex offender with any government entity.
b. if you are a Nanny and Maid:
i. Minimum Age You are an individual at least 18 years of age and at least
the legal age of majority in the state in which you reside;
ii. Legal Right to Work. You have the legal right to work in the United Arab
Emirates; and
iii. Criminal History. You (a) have/has never been convicted of, or is/are
currently pending trial for, any felony or misdemeanor, any criminal offense involving
violence, abuse, neglect, fraud or larceny, or any offense that involves endangering
the safety of others, and (b) have/has not been and are/is not currently required
to register as a sex offender with any government entity.
KUWAIT NANNY AND MAID HAS NO OBLIGATION TO CONDUCT BACKGROUND OR VERIFICATION CHECKS
ON ITS USERS. However, we reserve the right to conduct such checks and/or
to verify your account and registration information and the representations and
warranties you have made, which may include, without limitation, our using third
party service providers to conduct criminal background checks or identity verification
checks or to perform other background or verification services, and, using available
public records, including information available on online social networks and other
online sources, each to the extent permitted by law.
USER AGREES TO RELEASE KUWAIT NANNY AND MAID AND KUWAIT NANNY AND MAID'S AFFILIATED PARTIES
FROM ANY CLAIMS REGARDING ANY MISSTATEMENTS AND MISREPRESENTATIONS MADE BY ANY USERS
OF THIS SITE. ("Affiliated Parties" means Kuwait Nanny and Maid’s officers,
directors, members, agents, assignees, representatives, marketing partners, licensors,
independent contractors and employees.)
3. USE OF SITE AND SERVICES.
a. Registration and Account Information. When you register for the Site,
you will be asked to create an account and to provide us with certain information
about yourself and, if you are a Parent, your children (your "Information"). Your
Information will be used in accordance with Kuwait Nanny and Maid's Privacy Policy.
You are responsible for providing accurate, current and complete information in
connection with your account registration, including the information provided through
any online social platform used to register with the Site.
Kuwait Nanny and Maid may, either during or after the registration process, request
further information from you and/or use third party services, to verify your account
or registration information.
As a User, you are responsible for maintaining the confidentiality of your password
and account login, and you are solely responsible for all activities that occur
under your password or account. You agree to immediately notify us of any unauthorized
use of your password or account.
b. Personal Use Only. Your account is for your own personal use, and you
may not permit anyone else to use your account. The Site is intended to be used
by people who want to find, select, review and connect with other Users so they
can receive, provide or share information about, child care services. Any use of
this Site for any other purpose, (including but not limited to using the Site or
information obtained from the Site to solicit, advertise to or contact purpose)
is prohibited.
You may not transmit any chain letters, junk or spam e-mail to other Users, or use
any information obtained from the Site to harass, abuse or harm another person.
To protect Users from such activity, we reserve the right to take appropriate actions,
including, but not limited to, restricting the number of messages which a User may
send to other Users through the Site in any 24-hour period, terminating Subscriptions
and/or accounts or blocking users with certain IP addresses from accessing the Site.
c. Use of Other Users' Personal Information. You may from time to time receive
personal information of another User. For example, upon confirmation of a booking,
Users will be provided with each other’s contact information. Any personal information
you receive may only be used for the specific purpose it was provided to you in
connection with the Site and the Services. Nanny and Maids may not contact Parents,
and Parents may not contact Nanny and Maids, for any purpose other than asking a
question, providing information, or making arrangements related to a booking on
the Site.
d. Circumvention of Site and Services. You may not use the Site or Services,
or information obtained from the Site or Services, for the purposes of circumventing
or attempting to circumvent Kuwait Nanny and Maid's messaging tools or booking platform,
including for the purpose of avoiding the obligation to pay fees related to Kuwait
Nanny and Maid’s provision of the Services.
e. Additional Prohibited Uses. You are prohibited from violating or attempting
to violate any security features of the Site or Services, including, without limitation,
(a) accessing content or data not intended for you, or logging onto a server or
account that you are not authorized to access; (b) attempting to probe, scan, or
test the vulnerability of the Services, the Site, or to breach security or authentication
measures without proper authorization; (c) interfering or attempting to interfere
with service to any user, host, or network, including, without limitation, by means
of malware, overloading, "flooding," "spamming," "mail bombing," or "crashing;"
(d) using the Site or Services to send unsolicited e-mail, including, without limitation,
promotions, or advertisements for products or services; (e) forging any TCP/IP packet
header or any part of the header information in any e-mail or in any posting using
the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble,
or otherwise reduce or attempt to reduce to a human- perceivable form any of the
source code used by Kuwait Nanny and Maid in providing the Site or Services. Any violation
of system or network security may subject you to civil and/or criminal liability.
f. Risk Assumption and Precautions.You assume all risk when using the Site,
including, but not limited to, all of the risks associated with any online or offline
interaction with others. You agree to take all necessary precautions when meeting
other Users.
g. Privacy Policy. You represent that you have read and understood our Privacy Policy.
h. No Violation of Laws. Your use of the Site and the Services, including,
but not limited to, the User Content you post on the Site, must be in accordance
with all applicable laws and regulations.
i. Reporting of Violations. You agree to report to us promptly any violation
of these Terms of Service or any alleged improprieties of any Users. You can contact
us at info@kuwait-nanny-maid.com.
4. USER CONTENT AND COMMUNICATION RULES AND GUIDELINES.
As a User of the Site, you may have the opportunity to post or transmit User Content,
such as User profiles ("Profiles"), reviews of Nanny and Maids ("Reviews"), and
messages to other Users or on group forums. You are solely responsible for any User
Content you post on the Site or transmit to other Users, and once posted or transmitted,
cannot always be withdrawn.
a.Content and Communication Restrictions. You will not post on the Site,
transmit to other Users, communicate any content (including links to content), or
otherwise engage in any activity on the Site or through the Services, that:
b. i. contains photographs or images of another person, unless you are that person’s
parent or legal guardian;
ii. contains others’ copyrighted content unless you have written permission from
the copyright owner;
iii. contains or discloses another person’s personal information without his or
her written permission, or collects or solicits another person’s personal information
for commercial or unlawful purposes;
iv. implies that the User Content is in any way endorsed or sponsored by Kuwait Nanny
and Maid;
v. is implicitly or explicitly offensive, such as User Content that engages in,
endorses or promotes racism, bigotry, discrimination, hatred or physical harm of
any kind;
vi. is intended to harass, annoy, threaten or intimidate any other Users of the
Site;
vii. is false, misleading, defamatory, inaccurate, abusive, obscene, profane, sexually
oriented, or otherwise objectionable;
viii. involves the transmission of junk mail, chain letters, or unsolicited mass
mailing or spamming, phishing, trolling or other similar activities;
ix. contains any malware (including but not limited to viruses, time bombs, trojan
horses, cancelbots, worms or other harmful, or disruptive codes, components or devices);
x. is off-topic, meaningless, or otherwise intended to annoy or interfere with others'
use of the Site;
xi. uses scripts, bots or other automated technology to access the Site;
xii. attempts to circumvent Kuwait Nanny and Maid’s messaging tools or booking platform,
or attempts to avoid applicable Kuwait Nanny and Maid fees;
xiii. otherwise violates (A) the rights of third parties, including rights of privacy
or publicity, or (B) violates applicable laws and regulations.
c. Content Removal. We may, but we have no obligation to, monitor User Content
submitted on the Site, including Profiles, Reviews or other User Content. We may
remove any such information, and material that in our sole opinion either (i)
violates, or may violate, any applicable law or either the letter or spirit
of these Terms of Service, (ii) might be offensive, illegal or that might violate
the rights, harm, or threaten the safety of Users or others, or (iii) is determined
to be inappropriate for any other reason at the sole discretion of Kuwait Nanny
and Maid.
d. Our Right to Use Your User Content. By posting User Content to the Site,
you grant, and you represent and warrant that you have the right to grant, to Kuwait
Nanny and Maid, its Affiliated
Parties, licensees and successors, an irrevocable, perpetual, non-exclusive, fully
paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify
and distribute such information and content and to prepare derivative works of,
or incorporate into other works, such information and content, and to grant and
authorize sublicenses of the foregoing.
e. Review Guidelines. Parents will have the opportunity to provide Reviews
about Nanny and Maids they have used. Reviews should not include any personal information
about a Nanny and Maid that is not disclosed in the Nanny and Maid's public Profile
(for example, the Review should not include or reference a Nanny and Maid’s address
or phone number). Reviews should be limited to your firsthand experience (not what
you heard from someone else) and should be factually accurate. You should avoid
broad generalizations and exaggerations. If appropriate, you should update your
reviews to reflect new experiences. As with other User Content, we reserve the right
to remove any Review that we feel, in our sole discretion, violates these guidelines.
5. TERMINATION.
a. By Kuwait Nanny and Maid. Kuwait Nanny and Maid may, in its sole discretion,
for any reason or no reason, with or without notice (i) terminate or suspend your
Subscription and/or your account and your access to the Site, and/or (ii) remove
your Profile and/or any content posted by or about you, from the Site. Unless otherwise
decided by Kuwait Nanny and Maid, such termination, suspension, and/or removal will
be effective immediately. Following any termination or suspension of any User’s
Subscription and/or account, Kuwait Nanny and Maid may send a notice of the termination
or suspension to other Users you have corresponded with. If your account has been
terminated by Kuwait Nanny and Maid, you may not re-register without Kuwait Nanny and
Maid’s consent (and if you are permitted to re-register, your previous information
and activity, including any fee credits, may no longer be available).
b. By User. As a User, you may terminate your account at any time by going
to My Account and then Settings and then clicking on "Delete my account." You may
re-register at any time, but your previous information and activity, including any
fee credits and any User Content you may have created, may no longer be available.
If you have a Subscription, you may cancel it in accordance with Section 9.
c. Effect of Termination. Upon the termination of your account, you will
no longer have access to the portions of the Site and Services that require account
registration. If your account is terminated, your Profile will no longer be displayed,
but other User Content you have posted or transmitted (e.g., Reviews, messages to
other Users) may or may not (in our sole discretion) remain on the Site. Any User
Content associated with your account after your account's termination may not be
available to you if you re-register with Kuwait Nanny and Maid. Upon the termination
of your Subscription, you will no longer have access to Premium Services, but you
will continue to have access to your account and portions of the Site and Services
that are available to Users who do not have Subscriptions. If following the termination
or cancellation of your Subscription and/or account, you continue to access and
use other portions of the Site and/or Services, your use will continue to be governed
by these Terms of Service. In addition, regardless of your discontinuation to use
or access the Site, Sections 2, 3, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17 and
18 of these Terms of Service will continue in full force and effect.
6. THIRD PARTY BACKGROUND AND VERIFICATION SERVICES.
a. Background Checks Ordered by Nanny and Maids. Nanny and Maids may order
background checks from one or more third-party verification services (each, a "3rd
Party Verification Service") made available through the Service that allow Nanny
and Maids to provide verification of their own information such as, for example,
name, social security number, and criminal background.
To the extent permitted by law, Kuwait Nanny and Maid will receive and review a copy
of each background check a Nanny and Maid orders through the Service. If the 3rd
Party Verification Service reports that a Nanny and Maid has cleared the 3rd Party
Verification Service's background check, at Kuwait Nanny and Maid's discretion, this
information may be included on the Nanny and Maid's Profile along with the date
the Nanny and Maid cleared the background check for a period of up to 12-months
from the background check date (after which period, it shall be the Nanny and Maid's
responsibility to reinitiate, if the Nanny and Maid chooses, a new background check).
You understand that Kuwait Nanny and Maid retains the right, but has no obligation,
to take action with respect to your Kuwait Nanny and Maid account based on the information
contained in the background check report, including, but not limited to, terminating
your account, regardless of whether incorrect or incomplete information in the report
is subsequently corrected or completed. Use of a 3rd Party Verification Service
is voluntary, and Kuwait Nanny and Maid does not endorse, have any control over, or
make any representations regarding the quality, accuracy, completeness or reliability
of the information provided by the 3rd Party Verification Service. Any inaccuracies
or disputes regarding information contained in a background check report must be
addressed with the 3rd Party Verification Service that provided the report (and
not Kuwait Nanny and Maid).
Please note that 3rd Party Verification Services may be incomplete, not up-to-date,
and may not provide all information about a User that may be relevant to you such
as, for example, traffic violations, address verification, and pending criminal
and/or civil complaints. Accordingly, you should take such actions as you feel are
appropriate to evaluate a User's background.
b. Background or Verification Checks Ordered by Kuwait Nanny and Maid. Kuwait
Nanny and Maid has the right, but not the obligation, to order a background check
on Nanny and Maids from a 3rd Party Verification Service and to use 3rd Party Verification
Services to verify information about a User including, but not limited to, verification
of your account or registration information or your compliance with these Terms
of Service, each to the extent permitted by law. You understand that Kuwait Nanny
and Maid retains the right, but has no obligation, to take action with respect to
your Kuwait Nanny and Maid account based on the information provided by the 3rd Party
Verification Service, including, but not limited to, terminating your account, regardless
of whether incorrect or incomplete information provided by such 3rd Party Verification
Service is subsequently corrected or completed. Kuwait Nanny and Maid does not have
any control over, or make any representations regarding the quality, accuracy, completeness
or reliability of the information provided by the 3rd Party Verification Service.
Any inaccuracies or disputes regarding information provided by a 3rd Party Verification
Service must be addressed with the 3rd Party Verification Service that provided
the information (and not Kuwait Nanny and Maid). By agreeing to these Terms of Service,
you consent to Kuwait Nanny and Maid performing background and/or verification checks
on you. If you do not want these checks performed, do not use the Site or the Services.
7. PAYMENT, SUBSCRIPTION, CANCELLATION AND REFUND POLICIES.
a. Fees and Subscriptions. Where indicated on the Site, fees are charged
to access and use certain Services on the Site. For example, Users may purchase
subscriptions (“Subscriptions”) to use and access certain Services (“Premium Services”)
that are not available to Users who do not have Subscriptions.
A description of current Subscription plans for Nanny and Maids is availablein the
website.
A schedule of current Subscription plan fees for Parents is availablein the websiteand
a schedule of current Subscription plan fees for Nanny and Maids is availablein
the website.
Services, including the Subscription plans and the Premium Services available under
such plans, and fees (including which Services are charged fees) are subject to
change or termination by Kuwait Nanny and Maid from time to time without notice. If
there is any change to the Subscription plans, Premium Services or fees, the pages
listing the current Subscription plans and Premium Services or fees, respectively,
will be updated.
Users who use these fee-based Services agree to pay Kuwait Nanny and Maid the applicable
fees then in effect. In addition, Users authorize Kuwait Nanny and Maid to charge
their chosen payment provider for use of the Site. Kuwait Nanny and Maid reserves
the right to correct any errors or mistakes that it makes, even if it has already
requested or received payment.
Subscriptions, fee credits (if any), and any other items or benefits associated
with a User’s Subscription are nontransferable.
b. Subscription Renewals and Cancellation. Subscriptions will continue until
cancelled by the User. At the end of your Subscription period, your Subscription
will automatically renew for the same Subscription period (for example, monthly
or annually) at the then-current Subscription rate for the applicable Subscription
plan, unless you cancel your Subscription before it renews. For example, if you
signed up for an annual Subscription plan, at the end of the initial one-year period
if you haven’t yet cancelled your Subscription, your Subscription will be automatically
renewed for another one-year period at the then-current rate for annual Subscriptions.
For any automatic renewal, you authorize Kuwait Nanny and Maid to charge your selected
payment method the then-current applicable fee in accordance with the Subscription
plan you selected.
To cancel your Subscription, complete the subscription cancellation form available
in the website. The cancellation will be effective at the end of your then current
Subscription term. If you cancel your Subscription, you will continue to have access
to your Premium Services associated with your Subscription until the cancellation
becomes effective. All Premium Services cease when your Subscription’s cancellation
becomes effective; your Subscription will not renew thereafter. Upon the effective
cancellation of your Subscription, you will no longer have access to Premium Services,
but you will continue to have access to your account and portions of the Site and
Services that are available to Users who do not have Subscriptions. Cancelling your
Subscription will not delete your account. You can delete your account on your My
Account page.
c. Free Trials and Promotional Offers. Kuwait Nanny and Maid may offer limited
time, free trial Subscriptions or Promotional Offers from time to time. Users under
a free trial Subscription will have access to such Premium Services as decided by
Kuwait Nanny and Maid. Kuwait Nanny and Maid may require a User to provide the User’s
payment information to start a free trial. For such free trials, Kuwait Nanny and
Maid may automatically charge the User for the Subscription on the first day following
the end of the free trial period, on a recurring monthly or annual basis or as otherwise
described in the offer for the free trial. To avoid such charges, Users with free
trial Subscriptions must cancel their Subscription before the end of the free trial
period. Promotional Offers, which may include discount codes or account credits
toward fees, may be subject to expiration dates and may only be applicable to select
Users.
d. Payment Information. If you purchase a Subscription (or have a free trial
Subscription), use Kuwait Nanny and Maid's Online Payment Service or otherwise use
any of Kuwait Nanny and Maid's fee-based Services, you agree to Kuwait Nanny and Maid
storing your payment card information. Users with Subscriptions are responsible
for maintaining current and accurate payment card information associated with their
accounts. Without limiting Section 5.a., Kuwait Nanny and Maid may terminate a User’s
Subscription and/or account if the User’s payment card information is expired or
is otherwise invalid.
8. ONLINE PAYMENT SERVICE.
Kuwait Nanny and Maid offers an online payment service ("Online Payment Service")
to facilitate payments from Parents to Nanny and Maids. The Online Payment Service
may be subject to availability based on geographic area, Subscription enrollment
or other basis, as determined by Kuwait Nanny and Maid. Nanny and Maids must accept
payments through the Online Payment Service and, where available, Parents booking
with Nanny and Maids may choose to make payments online to Nanny and Maids.
9. TEXT MESSAGE COMMUNICATIONS AND MOBILE PUSH NOTIFICATIONS.
Users have the option of providing Kuwait Nanny and Maid with their mobile phone number
as part of the registration process or in their account settings. Users who provide
Kuwait Nanny and Maid with their mobile phone number may receive text message communications
from Kuwait Nanny and Maid on their cellular phones and/or mobile devices. By providing
Kuwait Nanny and Maid with your mobile phone number, you consent to Kuwait Nanny and
Maid sending text messages to your cellular phone and/or mobile device. Kuwait Nanny
and Maid does not charge for sending text messages, but your carrier may charge
you. Users of Kuwait Nanny and Maid's mobile applications may have the option to receive
push notification alerts from Kuwait Nanny and Maid. If push notification alerts are
available, you will be given an option to consent to receiving them after you download
the application. You may also adjust your push notification settings after you have
downloaded the application in your mobile device settings.
10. INTELLECTUAL PROPERTY RIGHTS.
a. Copyright. All materials on the Site other than User Content are either
owned by Kuwait Nanny and Maid or are the property of Kuwait Nanny and Maid’s suppliers
or licensors. You may not use these materials except as we give you written permission
to do so.
b. Trademarks. The service marks and trademarks “Kuwait Nanny and Maid” and
the Kuwait Nanny and Maid logo are owned by Kuwait Nanny and Maid. Any other trademarks,
service marks, logos and/or trade names appearing on the Site are the property of
their respective owners. You agree that you recognize the rights of Kuwait Nanny and
Maid and the respective third parties in those marks. You may not copy or use any
of these marks, logos or trade names without the written permission of the owner.
c. Ownership and Use. Kuwait Nanny and Maid retains ownership of its intellectual
property rights and you have no rights to Kuwait Nanny and Maid’s intellectual property
or Kuwait Nanny and Maid’s rights in its intellectual property. Except to the extent
you are actually reading materials on the Site as you use the Site or Services (or
downloading or printing such materials for your personal reference), you have no
right to use, copy, display, perform, create derivative works from, distribute,
have distributed, transmit or sublicense from materials or content available on
the Site, other than User Content you create.
d. Your Content. Other than the non-exclusive license granted to Kuwait Nanny
and Maid with respect to User Content (described in Section 4.c. above), Kuwait Nanny
and Maid will not acquire an ownership interest in the User Content you post.
11. DISPUTES.
If any disputes or disagreements arise between a Parent and a Nanny and Maid relating
to the services provided by Nanny and Maid or payments made by or due from Parent,
the Parent and the Nanny and Maid are responsible for resolving any such disputes
directly with each other. Kuwait Nanny and Maid will not be a party to any such dispute,
and Kuwait Nanny and Maid will not be obligated to take any action toward resolving
the dispute.
12. DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF KUWAIT NANNY
AND MAID AND ITS AFFILIATED PARTIES. EACH OF THE SUBSECTIONS BELOW APPLIES UP TO
THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
a. "AS-IS" BASIS. Kuwait Nanny and Maid provides the Site on an "AS IS" and
"AS AVAILABLE" basis. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
b. NO WARRANTIES; RELEASE. KUWAIT NANNY AND MAID GRANTS NO WARRANTIES OF ANY KIND,
whether express or implied, statutory or otherwise with respect to the Users, the
Services, or the Site (or any information contained in the Site). Kuwait Nanny and
Maid does not grant any implied warranties of merchantability, fitness for a particular
purpose, or non-infringement. KUWAIT NANNY AND MAID DOES NOT WARRANT THE ACCURACY,
ADEQUACY OR COMPLETENESS OF ANY INFORMATION AND MATERIALS ON THE SITE OR PROVIDED
OR OBTAINED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, INFORMATION
CONTAINED IN ANY BACKGROUND OR VERIFICATION REPORT, REGARDLESS OF WHETHER ORDERED
BY A USER OR KUWAIT NANNY AND MAID. Kuwait Nanny and Maid does not warrant that
your use of the Site or Services or that information on the Site will be secure,
uninterrupted, error-free, available, accurate, or that any defects in the Site
will be corrected. Kuwait Nanny and Maid makes no warranties about the connectivity
and continued availability of the Site or Services.
YOU AGREE TO RELEASE KUWAIT NANNY AND MAID AND ITS AFFILIATED PARTIES FROM ANY CLAIMS,
DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN
OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH (I) YOUR USE OF THE SITE, (II) YOUR USE OF THE SERVICES,
(III) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND
OTHER USERS, OR (IV) ANY BACKGROUND OR VERIFICATION REPORT, REGARDLESS OF WHETHER
ORDERED BY A USER OR KUWAIT NANNY AND MAID
c. USER CONTENT. KUWAIT NANNY AND MAID MAKES NO CLAIMS OR PROMISES about (i)
the opinions, advice, statements, reviews, or other information or content made
available on the Site or through the Services by Users, or (ii) the accuracy, completeness,
or usefulness of any information on the Site or available through the Services.
d.LIMITATION OF LIABILITY. IN NO EVENT WILL KUWAIT NANNY AND MAID OR ITS AFFILIATED
PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL,
SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING
TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE
SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR
ANY OTHER DAMAGES RESULTING FROM (I) INTERACTIONS WITH OTHER USERS OF THE SITE,
WHETHER ONLINE OR OFFLINE, (II) YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED
ON THE SITE OR TRANSMITTED TO OR BY ANY USER OF THE SITE OR SERVICES, AND (III)
REVIEWS OR COMMENTS MADE ABOUT YOU ON THE SITE BY OTHER USERS.
e. NO CONSEQUENTIAL DAMAGES. YOU AGREE THAT NEITHER KUWAIT NANNY AND MAID NOR
ITS AFFILIATED PARTIES HAS ANY LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV)
LOSS OF OR DAMAGE TO REPUTATION, OR (IV) LOSS OF INFORMATION OR DATA.
f. MAXIMUM LIABILITY. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS
OF SERVICE, KUWAIT NANNY AND MAID’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES
OR DAMAGES YOU SUFFER IN CONNECTION WITH THE SITE, THE SERVICES OR THESE TERMS OF
SERVICE IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO KUWAIT
NANNY AND MAID IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION
GIVING RISE TO THE LIABILITY, OR (II) $100.
g. SOLE AND EXCLUSIVE REMEDY. YOUR ONLY RIGHT AND REMEDY IN CASE OF DISSATISFACTION
WITH THE SITE OR SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION OF YOUR
ACCOUNT AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
13. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless Kuwait Nanny and Maid and its Affiliated
Parties from and against any and all claims, losses, expenses, demands or liability,
including attorneys' fees and costs incurred by Kuwait Nanny and Maid and its Affiliated
Parties in connection with any claim by a third party (including an intellectual
property claim) arising out of (i) your use or misuse of, or inability to use, the
Site or Services, (ii) any materials and content you submit, post or transmit through
the Site, (iii) your violation of these Terms of Service or your violation of any
rights of a third party, (iv) your interactions with or conduct towards any other
Users, (v) your violation of any applicable law, rules or regulations or (vi) information
contained in any background or verification report, regardless of whether ordered
by a User or Kuwait Nanny and Maid. You agree that you will cooperate as reasonably
requested by Kuwait Nanny and Maid in the defense of such claims. Kuwait Nanny and Maid
and its Affiliated Parties reserve the right, at their own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by Users.
14. DIGITAL MILLENNIUM COPYRIGHT ACT.
Kuwait Nanny and Maid respects the intellectual property rights of others and expects
its Users to do the same. Kuwait Nanny and Maid may remove content that, in its sole
discretion, appears to infringe the intellectual property rights of others. In addition,
Kuwait Nanny and Maid, in its sole and absolute discretion, may terminate the accounts
of Users who infringe the intellectual property rights of others. If you believe
any materials on the Site infringe your copyright, you may request removal of those
materials from the Site by contacting Kuwait Nanny and Maid’s copyright agent (identified
below) and providing the following information:
a. Identification of the copyrighted work that you believe to be infringed. Please
describe the work, and where possible include a copy or the location (e.g., URL)
of an authorized version of the work.
b. Identification of the material that you believe to be infringing and its location.
Please describe the material, and provide us with its URL or any other pertinent
information that will allow us to locate the material.
c. Your name, address, telephone number and (if available) e-mail address.
d. A statement that you have a good faith belief that the complained of use of the
materials is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information that you have supplied is accurate, and indicating
that "under penalty of perjury," you are the copyright owner or are authorized to
act on the copyright owner's behalf.
f. A signature or the electronic equivalent from the copyright holder or authorized
representative.
Kuwait Nanny and Maid's Copyright Agent is:
DCLICK DWC LLC Limited, Flat 3, 34a Rupert Street W1D 6DN London, Phone:08000868775, Email: info@kuwait-nanny-maid.com.
15. GENERAL PROVISIONS
a. Governing Law and Venue. UAE law governs these Terms of Service, as well
as any claim, cause of action or dispute that might arise between you and Kuwait Nanny
and Maid, without regard to conflict of law provisions. For any such claim, cause
of action or dispute, you agree and consent to the exclusive jurisdiction and venue
of UAE.
b.No Joint Venture or Partnership. Nothing in these Terms of Service may
be construed as making either party the partner, joint venturer, agent, legal representative,
employer, contractor or employee of the other. Kuwait Nanny and Maid is not an employment
service or agency, and does not serve as an employer or referral source for any
User.
c. Severability. If any provision of these Terms of Service is held unenforceable,
then such provision will be modified to reflect the parties’ intention, and all
remaining provisions of these Terms of Service shall remain in full force and effect.
d. Complete Agreement. These Terms of Service contains the entire agreement
between you and Kuwait Nanny and Maid regarding the use of the Site and Services,
and supersede any prior agreement between you and us on such subject matter. The
parties acknowledge that no reliance is placed on any representation made but not
contained in these Terms of Services.
e. Contact Information. If you have any questions or need further information
as to the Site or the Services, or need to notify Kuwait Nanny and Maid as to any
matters relating to the Site or Services please contact Kuwait Nanny and Maid at:
DCLICK DWC LLC Limited, Flat 3, 34a Rupert Street W1D 6DN London, Phone:08000868775, Email: info@kuwait-nanny-maid.com.
