This Agreement is subject to change at any time, effective upon posting on the Website.
Your use of the Services (as defined hereunder) after such posting will constitute your acceptance of and agreement to such changes. Therefore, you should frequently review this Agreement to see if they changed.
“FilKhedma.com” refers to FilKhedma.com, which is a communications platform for enabling the connection between individuals seeking to obtain services ("FilKhedma Service Requesters") and/or individuals seeking to provide services ("FilKhedma Service Professionals") FilKhedma Service Requesters and FilKhedma Service Professionals together are hereinafter referred to as "Users." Those certain services requested by the FilKhedma Service Requesters, which are to be completed by the FilKhedma Service Professionals are hereinafter referred to as "Services."
The “Website” refers to www.filkhedma.com. All the contents of the website and all the services and contents are provided through the call center which number is posted on FilKhedma.com website.
The terms “You/you” and “Your/your” refer to the person reading and accepting this Agreement.
Section (1) Collection of your Personal Information
1.1 FilKhedma.com is a communications platform for enabling connections between Users, processing orders for Service issued by FilKhedma Service Requesters to FilKhedma Service Professionals, and managing payments either in cash or made through the Web Service (as defined hereunder). FilKhedma.com does not take part in the interaction between Users. FilKhedma.com does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Services provided to FilKhedma.com Service Requesters, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. FilKhedma.com does not have control over the quality, timing or legality of Services delivered by its FilKhedma Service Professionals. FilKhedma.com makes no representations about the suitability, reliability, timeliness, or accuracy of the Services requested and provided by Users identified through the Website whether in public, private, or offline interactions. Although FilKhedma.com does perform background checks of FilKhedma Service Professionals, FilKhedma.com cannot confirm that each User is who they claim to be. FilKhedma.com does not assume any responsibility for the accuracy or reliability of this information or any information on the Website.
1.2 Neither FilKhedma.Com nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any User. FilKhedma.com and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the Services.
1.3 FilKhedma.com shall be only liable with regard to processing orders for Services made by the FilKhedma.com Service Requesters to the FilKhedma.com Service Professionals, as well as processing payments either in cash through the methods specified on the Website or through its web service which is the payment service provided by third party online payment providers and at their own liability (the “Web Service”).
Section (2) Release of Liability
2.1 FilKhedma.com expressly disclaims any liability that may arise between Users.
2.2 FilKhedma.com is only a platform for connecting Users. Because FilKhedma.com is not involved in the actual contact between Users or in the completion of the Services, in the event that you have a dispute with one or more Users, you release FilKhedma.com (and our officers, directors, agents, investors, subsidiaries, holding companies, shareholders, affiliates, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. FilKhedma.com’s liability shall be limited to processing orders for Service between Users, and the management of payments against the Service excluding liability stemming out of the online payment process provided by a third party and at their own liability.
Section (3) Links to Other Web Sites
3.1 Links (such as hyperlinks) from FilKhedma.com to other sites on the web do not constitute the endorsement by FilKhedma.com of those sites or their contents. Such links are provided as an information service, for reference and convenience only. FilKhedma.com does not control any such sites, and is not responsible for their contents. The existence of links on the Website to such websites (including without limitation external websites that are framed by the Website as well as any advertisements displayed in connection therewith) does not mean that FilKhedma.com endorses any of the materials on such websites, or has any association with their operators. It is your responsibility to evaluate the contents and usefulness of the information obtained from other sites.
3.2 The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by FilKhedma.com's Agreement. You access such third-party websites at your own risk. FilKhedma.com expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other materials associated with links that may appear on the Website. You hereby agree to hold FilKhedma.com harmless from any liability that may result from the use of links that may appear on the Website.
Section (4) Public Areas
4.1 The Website may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (the "Public Areas") that allow Users to communicate with other Users. You may only use such Public Areas to send and receive messages and materials that are relevant and proper to the applicable forum. Without limitation, you may not:
- upload files that contain viruses, trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
- use the Services for any purpose which is in violation of national, or international law.
- publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, materials or information.
- upload files that contain software or other materials that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
- advertise or offer to sell any goods or services for any commercial purpose on the Website which are not relevant to the Services.
- conduct or forward surveys, contests, pyramid schemes, or chain letters.
- impersonate another person or allow any other person or entity to use your identification to post or view comments.
- post the same note repeatedly (referred to as “Spamming”). Spamming is strictly prohibited.
- download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Website.
- restrict or inhibit any other User from using and enjoying the Public Areas.
- imply or state that any statements you make are endorsed by FilKhedma.com, without the prior written consent of FilKhedma.com.
- use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index FilKhedma.com in any manner.
- hack or interfere with FilKhedma.com, its servers or any connected networks.
- adapt, alter, license, sublicense or translate FilKhedma.com for your own personal or commercial use.
- remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by FilKhedma.com.
- upload contents that is offensive and/or harmful, including, but not limited to, contents that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- upload contents that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
4.2 All submissions made to Public Areas will be public, and FilKhedma.com will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.
4.3 The Website may contain Cookies, which are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive. You may delete cookies, however you may lose any information that enables you to access the Website.
Section (5) Account, Password and Security
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or FilKhedma.com for accessing your account on the Website. You are solely and fully responsible for all activities that occur under your password or account. FilKhedma.com has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will immediately contact FilKhedma.com.
Section (6) Your Information
6.1 "Your Information" is defined as any information and materials you provide to FilKhedma.com or other Users in connection with your registration for and use of the Services, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant to FilKhedma.com that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for FilKhedma.com or cause FilKhedma.com to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
6.2 Solely to enable FilKhedma.com to use Your Information, so we are not violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known.
Section (7) Cash Billing and Payment Policy
7.1 FilKhedma Service Requesters are obligated to pay for the Services, unless specifically notified otherwise. FilKhedma Service Requesters can also pay at the end of a completed Services transaction. For all purchases and payments for reimbursement costs, fees or expenses associated with part of the Services, FilKhedma.com will receive a cash payment equivalent to the price calculated according to FilKhedma.com’s Pricing Policy shown on the Website. FilKhedma Service Requesters shall not have the right to dispute the price as long as it has been set in accordance to FilKhedma.com’s Pricing Policy. FilKhedma Service Requesters are obligated to sign a receipt of three copies for cash payments as provided by the FilKhedma Service Professionals. Failure to sign or maintain that receipt shall deem the Service Payments (as defined hereunder) unpaid which entitles FilKhedma.com to seek all the legal and judicial procedures for the collection of the unpaid Service Payments. FilKhedma Service Requesters shall abstain from paying any tips or extra compensation to FilKhedma Service Professionals. Afterwards FilKhedma.com shall receive 2 copies of the receipt signed by FilKhedma Service Professionals, and shall accordingly collect its stake of the Service Payments from FilKhedma Service Professionals.
7.2 The cash payment method shall be provided to you on the Website. You undertake that you shall not use any payment method other than the cash payment method specified by FilKhedma.com or the Web Service. FilKhedma.com shall not be liable for any other cash payment methods used by any of the Users.
Section (8) Credit Card Billing and Payment Policy
8.1 FilKhedma Service Requesters are obligated to pay for the Services, unless specifically notified otherwise. FilKhedma Service Requesters can also pay at the end of a completed Services transaction. For all purchases and payments for reimbursement costs, fees or expenses associated with a Service, FilKhedma.com will charge your credit card, when available, according to the amount agreed upon between you and FilKhedma.com for the use of the Services, and you hereby authorize us to charge your credit card for such amounts. FilKhedma.com retains the right, in its sole discretion, to place a hold on any payment for a completed Services transaction.
8.2 No refunds or credits will be provided once the FilKhedma Service Requester's credit card has been charged. At FilKhedma.com's sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by FilKhedma.com.
8.3 While FilKhedma.com will use commercially reasonable efforts to ensure the security of all credit cards and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold FilKhedma.com harmless against any damages that may result therefrom. FilKhedma.com will use third party services to process credit card information. For further information regarding that service, please contact FilKhedma.com to request information about FilKhedma.com's credit card processing providers.
8.4 You will be liable for all transaction taxes on the Services provided under this Agreement (other than taxes based on FilKhedma.com's income).
Section (9) Transactions
9.1 Users contract for Services directly with other Users. FilKhedma.com will not be a party to any contracts for Services.
9.2 FilKhedma.com facilitates these contracts by supplying a medium for the exchange of money in case of credit card payments.
9.3 FilKhedma Service Requesters pay amounts against requested Services (the “Service Payments”).
9.4 Three days after Services are completed, if there is no complaint by the FilKhedma Service Requester, the Services will be marked as closed by FilKhedma.com. The Service Payment must be paid in cash to FilKhedma Service Professionals or through the FilKhedma.com Web Service. Any Service Payments paid in cash outside of the FilKhedma.com Web Service or not documented by a physical cash payment receipt shall be deemed outstanding and remains due. Any reimbursement expenses that are incurred by FilKhedma.com in connection with the completion of Services may, however, be paid in cash offline or through the FilKhedma.com Web Service.
Section (10) Employment and Withholding
FilKhedma.com is not an employment service. With the exception of its fully employed FilKhedma Service Professionals, FilKhedma.com will not be liable for any tax or withholding, including but not limited to employer's liability, social insurance or payroll tax in connection with your use of the Services. You understand and agree that if FilKhedma.com is found to be liable for any tax or withholding tax in connection with your use of the Services, then you will immediately reimburse and pay to FilKhedma.com an equivalent amount, including any interest or penalties thereon.
Section (11) Termination and Suspension
11.1 Without limitation, FilKhedma.com may terminate or suspend your right to require or use the Services if you breach any term of this Agreement or any policy of FilKhedma.com posted on the Website from time to time, or if FilKhedma.com otherwise finds that you have engaged in inappropriate and/or offensive behavior without the need to any further legal action or courts orders. If FilKhedma.com terminates or suspends your right to require or use the Services for any of these reasons, you will not be entitled to any refund of unused balance in your account. In addition to terminating or suspending your account, FilKhedma.com reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
11.2 FilKhedma.com may terminate or suspend your right to require or use the Services at anytime for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice without the need to any further legal action or courts orders.
11.3 Even after your right to use the Services is terminated or suspended, this Agreement will remain enforceable against you.
11.4 You may terminate this Agreement at any time by ceasing all use of the Services. All Sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect for 3 (Three) years subsequent to and notwithstanding the expiration or termination of this Agreement.
Section (12) Intellectual Property Rights
All text, graphics, editorial contents, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other contents (collectively "Proprietary Materials") that Users see or read on the Website is owned by FilKhedma.com or are used by permission. Proprietary Materials is protected in all forms, media and technologies now known or hereinafter developed. FilKhedma.com owns all Proprietary Materials as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Materials protected by the national and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Website without FilKhedma.com's express prior written consent. Any use of such Proprietary Materials, other than as permitted therein, is expressly prohibited without the prior permission of FilKhedma.com and/or the relevant right holder.
12.1 The service marks and trademarks of FilKhedma.com, including without limitation FilKhedma.com and the FilKhedma.com logo are service marks owned by FilKhedma.com. Any other trademarks, service marks, logos and/or trade names appearing on the Website are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.Section (13) Copyright Complaints and Copyright Agent
13.1 FilKhedma.com respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Website infringe upon your copyrights, please send the following information on %e-mail:
- a description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Website where the materials you claim is infringed is located. Include enough information to allow FilKhedma.com to locate the materials, and explain why you think an infringement has taken place;
- a description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Section (14) Modifications to the Services
FilKhedma.com reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Services or any contents or information on the Website with or without notice. FilKhedma.com will not be liable to any party for any modification or discontinuance of the Services or the Website.
Section (15) Confidential Information
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of FilKhedma.com and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify FilKhedma.com in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to FilKhedma.com upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" shall mean any and all of FilKhedma.com's trade secrets, confidential and proprietary information and all other information and data of FilKhedma.com that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include FilKhedma Service Professionals’ contact information, technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
Section (16) Disclaimer of Warranties
16.1 Use of the Services is entirely at your own risk.
16.2 The Services are provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.
16.3 Without limiting the foregoing, neither FilKhedma.com nor its affiliates or licensors warrant that access to the Website will be uninterrupted or that the Services will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Services, or as to the timeliness, accuracy, reliability, completeness or contents of any of the Services, information or materials provided through or in connection with the website.
16.4 Neither FilKhedma.com nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any of the Users.
16.5 Neither FilKhedma.com nor its affiliates or licensors is responsible for the conduct, whether online or offline, between FilKhedma Service Professionals.
16.6 Neither FilKhedma.com nor its affiliates or licensors warrant that the Services are free from viruses, worms, trojan horses, or other harmful components.
16.7 FilKhedma.com and its affiliates and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
Section (17) No Liability
17.1 You agree not to hold FilKhedma.com, its affiliates, its licensors, or any of such parties' agents, employees, officers, directors, corporate partners, or participants liable for any damage, suits, claims, and/or controversies (collectively, "Liabilities") that have arisen or may arise, whether known or unknown, relating to your use of or inability to use the Services, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or Services provided by FilKhedma.com or its affiliates or licensors and any destruction of your information.
17.2 Under no circumstances will FilKhedma.com its affiliates, its licensors, or any of such parties' agents, employees, officers, directors, corporate partners, or participants be liable for any direct, indirect, incidental, consequential, special or exemplary damages arising in connection with your use of or inability to use the services, even if advised of the possibility of the same. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
17.3 If, notwithstanding the foregoing exclusions, it is determined that FilKhedma.com or its affiliates, its licensors, or any of such parties' agents, employees, officers, directors, corporate partners, or participants is liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to FilKhedma.com during the six (6) months prior to the time such claim arose.
17.4 FilKhedma.com shall be only liable in relation to processing orders by Users and managing all payments, without liability to the process of payment undertaken by a third party, against Service, provided that such payments are made through methods specified in this Agreement or on the Website.
Section (18) IndemnificationYou hereby agree to indemnify, defend, and hold harmless FilKhedma.com, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with your use or inability to use the Services. FilKhedma.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of FilKhedma.com.
Section (19) Dispute Resolution and Governing Law
19.1 Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and FilKhedma.com agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to FilKhedma.com. FilKhedma.com's address for such notices is FilKhedma.com, Inc., LLC, Apt. 1, 23 Mehwar Mohamed Naguib, 1st Settlement, New Cairo, Egypt.
19.2 Binding Legal Procedures. If you and FilKhedma.com are unable to resolve a Dispute through informal negotiations, either you or FilKhedma.com may elect to have the Dispute finally and exclusively resolved by the competent Cairo Courts. Any election to resort to Court by one party will be final and binding on the other.
19.3 Any Disputes shall be resolved by Cairo competent Courts in accordance with the Laws of the Arab Republic of Egypt..
Section (20) Special Promotions
20.1 FilKhedma.com may from time to time provide certain promotional opportunities to FilKhedma Service Requesters. All promotions will be run at the sole discretion of FilKhedma.com, and can be activated, modified or removed at anytime by FilKhedma.com without advance notification.
20.2 In the event that you are given a code by or on behalf of FilKhedma.com through which you may refer a friend to FilKhedma.com in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by FilKhedma.com in its sole discretion. Without limiting FilKhedma.com's other rights and remedies, FilKhedma.com may terminate such code and/or your account for any breach of this Section.
Section (21) No Agency
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Section (22) General Provisions
Failure by FilKhedma.com to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and FilKhedma.com with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of FilKhedma.com, its successors and assigns.
Section (23) Changes to this Agreement and the Services
Section (24) Language
This Agreement has been drawn in both Arabic and English Languages. In the event of any discrepancy between the Arabic and English texts the [Arabic text] shall prevail.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE THAT MY USE OF THE SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.