TERMS AND CONDITIONS

Welcome to Kadamat!

These are the terms and conditions for: 

• Kadamat App (Available on Google Play and App Store).
• https://kadamat.app

By using the platform, you agree to be bound by these terms and conditions and our privacy policy and any legal policies posted on the platform. In these terms and conditions, the words "platform" refer to the Kadamat platform and app together, "we", "us", "our" and "Kadamat" refer to Kadamat and "you" and "user" refer to you, the user of Kadamat.

The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of Kadamat accessible via desktop, mobile, tablet, social media or other devices.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING, POSTING INFORMATION ON, OR OBTAINING ANY SERVICES OR PRODUCTS FROM THE PLATFORM.

1. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of Kadamat. By registering and using the platform, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the platform and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on the platform. You agree to be bound by any modification to this terms and conditions when you use Kadamat after any such modification is posted; it is therefore important that you review this agreement regularly.

You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Kadamat may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.

The platform may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.

By registering and using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

2. AGE RESTRICTIONS

Use of the platform is prohibited for children under the age of 13. In the case of minors under the age of 18 and over the age of 13, it is the responsibility of parents and legal guardians to determine whether use of the platform or any of the content and functionality available on the platform is appropriate for their child or ward. Children under the age of 18 and over the age of 13 need parental authorization to use the platform. Kadamat reserves the right to make the necessary verifications.

3. PROVIDERS

3.1. Registration

If you wish to become a Provider User in order to offer and publish services through the platform for the purpose of receiving bookings from other users, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the platform as a Provider, you represent that you are of legal age to form a binding contract under any applicable jurisdiction. You agree to provide true, accurate, current and complete information about yourself and your services as prompted by the registration form available on Kadamat, and to maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kadamat reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any part thereof) at any time without notice.

Users may share personal and commercial information through the platform with other users. Any information that users share through the platform is the sole responsibility of the users themselves. Users are free to share information, but are responsible for the use of such information, its publication and disclosure. Kadamat is not responsible for the information posted and shared through the platform. The information you provide and post through the platform may be visible to the general public.

3.2. Account

If you register on Kadamat, you will be required to choose a password, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Kadamat of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another user’s account without prior authorization from Kadamat. Kadamat will not be liable for any loss or damage arising from your failure to comply with this agreement.

By providing Kadamat with your email address, you consent to our use of your email address to send you notices and communications about the platform. We may also use your e-mail address to send you notifications and other messages, such as changes to platform features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your removal request through our contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails about updates, news or special content. 

Users can cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Kadamat.

Kadamat reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Kadamat believes that you have violated any of these terms, provided Kadamat with false or misleading information, or interfered with another user's use of the platform or service.

3.3. User Content 

User Providers may provide and upload content and information through the platform. Providers retain any copyright or other rights they may have in the content and information they provide through the platform. Kadamat is not responsible for the accuracy, safety or legality of the content posted on the platform by the Providers. The Provider is solely and exclusively responsible for its content and the consequences of its publication. By providing content and information through the platform, the Provider grants Kadamat a worldwide, non-exclusive, royalty-free, fully paid-up right and license to host, store, transfer, perform, reproduce and modify the Provider's content for the sole purpose of using and displaying it within the platform and to the general public.

3.4. User Content Representations and Warranties

Kadamat disclaims all liability in connection with the content of the Provider. The Provider is solely and exclusively responsible for its content and the consequences of providing content through the platform. By providing and uploading content through the platform, you affirm, represent and warrant that:

a) You are the owner of the content you provide through the platform, or have the necessary licenses, rights, consents and permissions to authorize Kadamat to publish and display your content through the platform.

b) Your content, and the use of your user content as contemplated by these terms, does not and will not (i) infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right; (ii) libels, defames, slanders, libels or invades the right of privacy, publicity or other proprietary rights of any other person; or (iii) causes Kadamat to violate any law or regulation.

c) Your content could not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.

d) Your content may not contain gambling, games or contests based on chance.

e) Your content does not and will not contain hateful content, threat of physical harm or harassment.

3.5. User Content Disclaimer

Kadamat may, at any time and without prior notice, filter, remove, edit or block any user content that, in our judgment, violates these terms or is otherwise objectionable. If a user or content owner notifies us that user content allegedly does not conform to these terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. You acknowledge and agree that Kadamat reserves the right to, and may from time to time, monitor any and all information transmitted or received through the service for operational and other purposes. If at any time Kadamat decides to monitor content, Kadamat continues to assume no responsibility or liability for the content or any loss or damage incurred as a result of the use of the content. During monitoring, information may be examined, recorded, copied and used in accordance with our privacy policy.

4. USERS

4.1. Account

If you register on Kadamat, you will be required to choose a password, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Kadamat of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Kadamat. Kadamat will not be liable for any loss or damage arising from your failure to comply with this agreement.

By providing Kadamat with your email address, you consent to our use of your email address to send you notices and communications about the platform. We may also use your e-mail address to send you notifications and other messages, such as changes to platform features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your removal request through our contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails about updates, news or special content. 

Users may cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to Kadamat.

Kadamat reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Kadamat believes that you have breached any of these terms, furnished Kadamat with false or misleading information, or interfered with use of the platform or the service by others.

4.2. Bookings and Services

Users can book appointments through the platform and each Provider's user profile. To make a reservation, users must select the corresponding service and complete the reservation process. Once the service is selected, the user must select the date and time of the appointment. Please verify the specifications of the services and the availability of the dates and times of each service before making a reservation. Once the date and time of the appointment is selected, the user must complete the payment process. Check the prices of each service before booking an appointment. 

When a user books an appointment through the platform, Kadamat will send that user an email to confirm the booking of the service. This confirmation email will be produced automatically so that the user has confirmation of the booking and all information related to the booking of the appointment and the provision of the service.

4.3. Payments

Bookings will be paid through the following payment methods:

• Credit/debit card (Visa, Mastercard, American Express, Discover, Diners)

Payments for bookings will be processed through the E-Payment Gateway. The user must pay the price indicated in the booking process. The user Suppliers will determine the price of the services. Upon completion of the booking process, an electronic receipt of the transaction will be issued and sent to the user's email address. 

If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the client service of the corresponding payment platform.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.

If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.

Your payment data will be processed and stored securely and for the sole purpose of processing the booking of services through the platform. Kadamat reserves the right to hire any payment platform available on the market, which processes your data for the sole purpose of processing the booking of services through the platform.

5. DISCLAIMER

The content and services published and offered by the Providers through the platform are not offered or provided by Kadamat. Kadamat's services are limited to providing the platform to offer and publish such content and services. Kadamat is at no time responsible for the content or services offered and published by Providers on the platform.

Kadamat is not responsible for the accuracy, safety or legality of the content and services offered by the Providers on the platform. Kadamat makes no representations about the content published and offered through the platform by Providers. The booking of the services published and offered by the Providers on the platform is at your own risk and responsibility.

Disputes arising between users shall be resolved by the users themselves. Kadamat does not accept any claim in relation to the services and content published and offered on the platform by the Providers.

Kadamat is not liable for damages to the physical or moral integrity of persons, such as injury, death or any other moral damage such as threats, insults and slander that may fall on a natural person, as a result of the communications established on the platform. The communications and relationships established between users as a result of any connection within the platform are the sole and exclusive responsibility of the users.

In the event that one or more users or any third party initiates any type of claim or legal action against another or other users, each and every one of the users involved in such claims or actions exempt Kadamat from any liability.

6. THIRD-PARTY MATERIALS.

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

7. ADVERTISING

Through the platform, Kadamat may make available to users, commercial and advertising information, own or third parties in accordance with good business practices. In these cases, Kadamat does not endorse, guarantee or commit its responsibility for the services and/or products marketed by these third parties, since the platform serves as a channel of communication and advertising, but not as a tool for the provision of services. Consequently, it is the full responsibility of the users to access the sites that refer advertising, assuming the obligation to verify and know the terms of the services offered by third parties.

8. LICENSE TO USE THE PLATFORM

Kadamat gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the platform provided to you by Kadamat as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Kadamat, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the Kadamat platform or third parties.

This service prohibits sending of messages, that: (1) Any kind of messages that are catalogued as SPAM. (2) Are harassing, abusive, defamatory, obscene, in bad faith, unethical or otherwise illegal content (3) distribute trojans, viruses or other malicious computer software (4) Any message with political or religious content (5) Any message with obscene or offensive content  (6) Are intending to commit fraud, impersonating other persons, phishing, scams, or related crime (7) distribute intellectual property without ownership or a license to distribute such property (8) Breach, in any way, the terms of service, privacy policy or rules of this platform or the recipients.

Kadamat reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Kadamat believes that you have violated any of these terms or interfered with the use of the platform or service by others.

9. COPYRIGHT

The content provided and published by the Providers through the platform belongs to the Providers. The copyright and intellectual property rights of the content provided by the Providers belong to the users who authorize Kadamat to publish such content on the platform. Please do not copy or use such content without the respective authorization of the Providers.

All materials on Kadamat, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Kadamat or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on Kadamat are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Kadamat prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Kadamat or any part of the material for any purpose other than its intended purposes is strictly prohibited.

10. COPYRIGHT INFRINGEMENT 

Kadamat will respond to all inquiries, complaints and claims relating to the alleged infringement by breach or violation of the provisions contained in international copyright and intellectual property laws and regulations. Kadamat respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the Kadamat platform infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information:  

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
• A statement that specifically identifies the location of the infringing material, in sufficient detail so that Kadamat can find it on the platform. Note that providing a top-level URL is not sufficient.
• Your name, address, telephone number and email address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
• An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.

Upon receipt of a copyright infringement request, Kadamat will contact the allegedly infringing user so that the user can respond to the copyright infringement request. 

Responses to copyright infringement requests must contain the following:

• The physical or electronic signature of the user.
• The identification of the content that has been removed or the place where the content was posted.
• A statement, under oath, indicating a good faith belief that the content or material was removed due to an error.
• The name, address and telephone number of the user. 
• A statement that the user consents to the jurisdiction of the court in which the user is located.

In the event that the alleged infringing user fails to respond to the copyright infringement request and the alleged copyright owner is able to satisfactorily prove ownership of such copyright in the content and requests removal of such content from the platform, Kadamat will remove the content from the platform immediately.

All copyright infringement requests and responses may be submitted through our contact information.

11. PERSONAL DATA

Any personal information you post or submit in connection with your use of the platform will be used in accordance with our privacy policy. Please refer to our privacy policy.

12. PROHIBITED ACTIVITIES

The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to Kadamat or licensed to the Kadamat by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited:

• Use the plattform or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Kadamat.
• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
• Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any portion of the services for any purpose without our express written permission.
• "Frame", "mirror" or otherwise incorporate any part of the platform into any other platforms or service without our prior written authorization.
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software used by Kadamat in connection with the platform.
• Circumvent, disable or otherwise interfere with security-related features of the platform or features that prevent or restrict use or copying of any content.
• Download any content unless it’s expressly made available for download by Kadamat.

13. DISCLAIMER OF WARRANTIES 

Kadamat will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.

Because of the nature of the Internet Kadamat provides and maintains the platform on an "as is", "as available" basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our platform may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those platforms.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse Kadamat for any loss or damage caused as a result.

Kadamat will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Kadamat excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Kadamat and Kadamat shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on the platform.
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform or any product or service purchased through the platform.
• Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from Kadamat.
• All representations, warranties, conditions and other terms which but for this notice would have effect.

14. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by Kadamat for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any user, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes. 

15. INDEMNIFICATION

You agree to defend and indemnify Kadamat from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your use of the platform.

16. CHANGES AND TERMINATION

We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.

17. ASSIGNMENT

This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kadamat without restriction.

18. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Kadamat, shall constitute the entire agreement between you and Kadamat concerning and governs your use of the platform and the services.

19. DISPUTES

The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between the user and Kadamat, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event a dispute arises in connection with the products and services offered through the platform or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Kadamat may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties. 

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform and purchase of products posted and offered through the listings available on the platform.

The courts of Oman shall have jurisdiction over any dispute, controversy or claim relating to Kadamat and its business operations. Any such dispute or controversy shall be brought and resolved in the courts located in Oman.

20. FINAL PROVISIONS

These terms and conditions are governed by the laws of Oman. Use of the platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.

Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.

If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

21. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us through our contact page or through the contact information below:

Kadamat.

Email: kadamatsupp@gmail.com

Phone number: +968 9192 5486