Terms and Conditions of Service

Please read the following general terms and conditions (Terms and Conditions) carefully as the provisions contained in this document will govern your access and use of our application "Sama Al Khaleej". This application is owned by Sama Gulf Aggarat or its representative, its office is registered in Baitak Tower, and the contact email address [support@gulfskyfm.com]. Our application provides a program to connect tenants to the service provider to provide services anywhere in  the UAE. Sama Gulf facilitates the provision of services and any additional services provided by us constitute your acceptance of these terms and conditions.

The provision of service providers to service seekers by Sama Gulf, directly or indirectly, is confidential and these submissions are made individually. Sama Gulf shall not be liable for any losses, expenses, damages, delays, costs or compensation (whether direct, indirect or consequential) incurred by you due to the Service Provider's subscription through a third external reference.

When you download or otherwise access the App, you agree to be bound by the following General Terms and Conditions and Privacy Policy. There may be an addition of additional features in the application and these special features may have their own terms and conditions, and these additional terms and conditions will also apply in the context of using the application along with the terms and conditions. You agree that you have read, understood and accepted the terms and conditions set forth herein as well as:

  1. You are a person with sufficient competence to contract.
  2. You assume all obligations set forth herein.
  3. In case you are a normal person, you are at least [18] years old
  4. If you find it difficult to understand or if you have any doubts about this document before contracting, you can discuss with us to explain it to you.
  1. General
    1. The Application is owned and operated by Sama Gulf or its partners, related parties, and their successors and assigns (hereinafter referred to as the "Provider", or "we", "we", "our").
    2. The terms and conditions below apply to:
      1. Any person who downloads or accesses the Application ("Visitor");
      2. Anyone who provides in any way personal information (including name, age, height, weight, gender, medical history and email address) to Sama Al Khaleej through or in connection with the App, whether via  Sama Al Khaleej's contact form, via email or otherwise ("Registered Member"). As part of the registration process, you will need to create an account, including your username and password. It is your responsibility to ensure that the information that Its progress is accurate and not misleading relating to you. You may not create an account, username or password using the names and information of another person or use words that are trademarks or property of another party (including us), vulgar, obscene or in any other inappropriate manner. We reserve the right to suspend or terminate any account that breaches this provision with or without notice.
      3. If and for any reason you suspect that your username and password have been disclosed or obtained by another party, you should contact us immediately. Please note that we never contact users to ask them to confirm their username, password or any other details.

Categories of users are collectively referred to as "Service Seekers", "Users", "You" or "Your" in these Terms and Conditions.

    1. When you become a user, you acknowledge and agree to be bound by the Terms and Conditions.
      1. We may suspend or discontinue the provision of services to you if you do not comply with our terms, conditions and policy.
      2. The use of our application as well as the various services we offer through our application does not give you any intellectual property rights in our application, services or content we provide except for personal data or information uploaded in our application.
  1. Eligibility for registration, account security and other obligations

Considering that you have become a user, you represent and warrant that:

    1. You have the eligibility to make a binding contract and you have signed an offline membership agreement.
    2. You are not a person prohibited from accessing or using the Application under applicable laws in the Terms and Conditions;
    3. Your access and use of the App does not violate any applicable law or regulation.
    4. Your contact information will be kept accurate and updated.
    5. You will not share your password (or, in the case of developers, your secret key) and will not allow anyone to access your account or do anything else that may compromise the security of your account.
    6. You will not transfer your account (including any page or app you manage) to anyone without first obtaining written permission.
    7. If you specify a username or similar identifier for your account or page, we reserve the right to remove or restore it if we deem it appropriate (such as when a trademark owner complains about a username that is not closely related to the actual name user).
    8. If you post negative comments that are contrary to the law or public security, we reserve the right to remove such comments if they are detected.
  1. Scope of Terms and Conditions
    1. These terms and conditions apply to contracting the Services through the Mobile Application owned by the Provider. It does not replace, extend or modify the terms, conditions or contracts specified by the user for the application applicable to any other service contracted for the implementation of the activity.
  2. Service & Payment Requests
    1. Service applicants can submit an online service request to service providers according to their specific requirements as well as location details at least [one hour] in advance. The service applicant must verify the details of the service request before submitting it through the application. The service applicant may reschedule his/her request via the application itself.
    2. Service requesters receive a status update notification via the app once a service provider is appointed. After acceptance, you can access the full file of the designated service provider and you can communicate with the service provider.
    3. Once the service is on site, there may be additional charges for materials or for the scope of additional work required from the service requester for whom the service will be billed through the application itself.
    4. In case of inconvenience of the service provider, you can place a new application and this would send notifications to the appropriate service providers except those who were rejected by you.
    5. If for any reason we are unable to respond to your service request, we will notify you.
    6. The Service Fee is the applicable amount at the time the Service Applicant submits the application. The fee may change at any time but this will not affect orders placed prior to such change.
    7. The service fee covers the labor fees for the specific services only. The Service Fee will not cover the prices of materials or any other services not specified in the order. This will be an additional fee provided that an invoice is sent to the service requester based on an agreement between the service applicant and the service provider.
    8. In the event that the Service Provider requests additional services other than the original Service Request upon arrival, the Applicant will receive a separate invoice for payment as agreed between the Service Provider and the Service Provider in lieu of the additional services provided by the Service Provider.
    9. Service seekers receive the invoice for the service request submitted. The service applicant may make payments using MasterCard or Visa through the application .
    10. The preferred payment method for services obtained by the online service seeker is chosen through our application or cash provided to the service provider, for which you will receive a receipt that is saved in your account.
  3. Cancellation & Refund
    1. In the event that the service applicant cancels any service requests, the service applicant must cancel them at least 30 minutes before the required work schedule time. The service applicant must contact the Sama Gulf Call Center to cancel the service request.
    2. If this cancellation is accepted, Sama Gulf Real Estate will  refund any amount paid by the applicant within [3] working days. If the user is entitled to a refund, it will only be done through the same payment methods used by the user.
    3. In the event that the Service Provider provides the Service on time, but the Service Applicant is not satisfied with the completion of the Service, the Service Applicant may not claim any refund of the amount paid on the first invoice.
  4. Obligations of service seekers
    1. You must satisfy yourself regarding the qualifications and suitability of any service provider.
    2. You will be responsible for obtaining work permits and others for service providers when necessary. It is also responsible for checking the original documents of any necessary documents.
    3. You assume full legal responsibility for tax compliance, insurances related to the general liability of service providers and compliance with all applicable legal requirements.
    4. Please ensure that the service provider's task is completed before the service provider leaves the place where the service was provided.
    5. Please do not approve additional services, not specifically mentioned, in the initial service request, from the service provider without involving the Sama Gulf application. If this happens, you will not receive an invoice from Sama Gulf and will therefore assume all the responsibilities of the results as well as the possibility of suspending your Sama Gulf account.
  5. Exclusion of Liability and Disclaimer
    1. You acknowledge that the decision to hire the Service Provider is your sole responsibility and MAY makes no warranty, undertaking or liability as to the date, character, age, experience, ability, suitability, truthfulness or immigration status of any Service Provider nor to the completeness, truthfulness or accuracy of any information, statement or reference provided by the Service Provider. Sama Al Khaleej's role is limited  to connecting you to the service provider and facilitating the process of obtaining the required service and therefore will not be responsible for Any breach in error or quality of services provided.
    2. You acknowledge the risks inherent in the Submission Service and hereby waive, waive and forever release all rights in any claim for damages with damages, any and all  Sama Gulf and  any person involved in the creation, production or distribution  of the Sama Gulf Service  or information related to the Sama Gulf Service. Sama Gulf accepts no liability whatsoever for misrepresentation, loss, damage, injury, delay, death, claims or expenses for any description arising out of the provision of Conducted by Sama Al Khaleej.
    3. All content, whether publicly published or privately transmitted, is the sole responsibility of the person who created such content. We may not monitor or control content posted via the Service. Any use of or reliance on any content or materials posted via the Service or obtained through the Service is at your own risk. You understand that by using the Service, you may be exposed to content that may be offensive, harmful, inaccurate, or completely inappropriate. Under no circumstances shall we be liable in any way for any Content, including, without limitation, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.
    4. You clearly understand and agree that Sama Gulf, its affiliates, subsidiaries, its employees, agents, other brand owners, partners and other employees shall not be liable to you for any direct, indirect, incidental, special, exceptional or exemplary damages, including but not limited to damages for losses, profits, goodwill, use, data or other intangible losses, even if notified Sama Gulf with the possibility of such damages resulting from:
      1. access to, inability to access the Application or use or inability to use the App, all implied warranties, terms and conditions relating to the App;
      2. Unauthorized access to or alteration of any of your submissions or data, including any User Content.
      3. Any warranty, terms or conditions regarding accuracy, operation, completeness, and quality of application.
    5. We hereby disclaim any liability and shall not be liable for any damages arising from the services provided by the Service Provider and any damages to the applicant's home.
  6. Warranties and Disclaimers
    1. We use commercially a reasonable level of skill and care and hope that our user will enjoy using our app. We do not guarantee here any commitment regarding the content within the Services, the specific functionality of the Services, and the suitability and reliability of the Services to your specific needs. Sama Gulf seeks to guarantee, but cannot guarantee, the suitability of service providers. Relevance includes, but is not limited to, the character of the service providers, honesty, reliability, and professional ability. You should, before involving the service provider, satisfy yourself with all these things.
    2. We will not be subject to any liability and will not be liable for any failure or delay in the performance of any of the obligations and promises of the Service Provider.
    3. We are not responsible for any possible damages that actually result from the use of devices with invalid internet access or older versions of browsers or application, or as a result of a malfunction of the device, browser or application.
  7. Compensation
    1. You fully agree, as long as they are not attributable to Sama Gulf, indemnify, defend and hold  harmless Sama Gulf and its affiliates, subsidiaries, employees, agents, co-brands, or other partners, harmless from any claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising from:
      1. access and use the App or any App Content from it;
      2. Violation of terms and conditions.
      3. Violation of the Privacy Policy.
      4. Violation of any other rights.
  8. Privacy and Copyright
    1. All copyrights in all materials contained or available through the application are owned by Sama Gulf or its property rights holders, and you must comply with all copyright notices contained in the application.
    2. Except as specifically permitted by Sama Gulf and/or property owners:
      1. You may not copy, modify, translate, publish, reproduce, exploit, broadcast, transmit, distribute, perform, display or sell any or any part of any Material, or create any derivative works thereof, nor may you use any of the Materials relating to any commercial endeavors, whether in whole or in part;
      2. You may not change text, graphics, images, audiovisual or any other material.
    3. Any copying, publication, further distribution or public display of the material, in whole or in part, is strictly prohibited.
    4. In addition, the domain name, Sama Gulf name  , logo, and other names and logos of Sama Al Khaleej, which may be created, produced or used from time to time (marks) are trademarks or registered trademarks of Sama Al Khaleej and its affiliates. Without your express and written prior consent, you agree not to display or use in any way such marks for any purpose whatsoever.
  9. Confidentiality
    1. Each party undertakes to the other party to treat all information confidentially and in any form (whether "confidential" or not) so that such party ("Recipient") receives from the other party (the "Disclosing Party") (confidential information')
    2. The recipient may disclose confidential information to the disclosing party where appropriate by law or by any competent regulatory authority. In these circumstances, the recipient shall give the disclosing party prior written notice of the disclosure (if lawful and reasonably practicable to do so) so that the disclosing party has sufficient opportunity (where reasonably possible) to prevent or control the method of disclosure by lawful means.
    3. Sama Gulf may  disclose the personal information of the Service Provider to third parties (including but not limited to):
      1. In the event that Sama Gulf sells or purchases any business or assets, in which case Sama Gulf may disclose the Personal Data of the Service Provider to the potential seller or buyer of such business or assets;
      2. If Sama Gulf or all of its assets are acquired primarily by a third party, in this case, the personal data held by it about its service providers will be one of the movable assets;
      3. If Sama Gulf is obliged to disclose or share Sama Gulf personal data in order to comply with any legal obligation, or in order to enforce or apply these terms and conditions and other agreements; or to protect the rights, property or safety of Sama Gulf, service providers, customers or others. This includes exchanging information with other public institutions and supervisory authorities for the purposes of fraud protection and credit risk reduction.
    4. Sama Gulf reserves the right to use the comments and feedback provided by the service applicant in the application as a way to promote our services.
  10. Ads and other commercial content
    1. For the benefit of the user and advertisers, we use the delivery of advertisements and other commercial or promotional content. You must provide us with permission to approve the display of advertisements and other commercial or promotional content.
  11. Modifications to the application, content, terms and conditions
    1. Sama Gulf reserves the right at any time and from time to time to modify or suspend the application temporarily or permanently or any part thereof, with or without notice. You agree that Sama Gulf shall not be liable to you or any third party for any modification, suspension or discontinuance of the Application or any part thereof. The most recent version of the Terms and Conditions as described on this page shall supersede all previous versions.
    2. It is your responsibility to regularly check whether a new version of the Terms and Conditions has been downloaded. If you do not agree to any revisions in accordance with the download of a new version of the Terms and Conditions, you must immediately stop using the App.
    3. You agree that Sama Gulf shall not be liable to you or any third party for any modification, suspension or discontinuance of the application, and/or modifications to the Terms and Conditions. Your continued use of the App after making such modifications or changes constitutes evidence of your agreement to be bound by the Terms and Conditions, as amended.
  12. Off-site links
    1. In order to increase the value provided to our users, Sama Gulf, or third parties, may provide links to other websites or resources, which you may access at your sole discretion.
    2. Acknowledge and understand that Sama Gulf does not control such sites and resources. In this regard, you further acknowledge and agree that the Provider is not responsible for the availability of such external sites or resources, and does not endorse and shall not be responsible for any content, advertising, products, services or other materials available or provided on such sites or resources.
    3. You further acknowledge and agree that Sama Gulf shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available or through any such website or resource.
  13. Email Policy
    1. We will only respond if required by law to any email sent to us that contains threatening, abusive, harmful, pornographic, scandalous, defamatory, illegal or inappropriate material. We reserve the right to take such action as we see in our absolute discretion with respect to such materials.
    2. We will not disclose any personal information under any circumstances to any Sama Gulf employee, contractor or worker and/or Sama Gulf partners.
    3. Where possible we will endeavor to respond to all emails within [two business days] of receipt, but we are not obligated to strictly comply with this deadline. All emails will generally be stored (for a certain period of time) after which they can be deleted. Any email sent to the wrong destination is immediately deleted.
  14. privacy policy
    1. The use of any personal information collected from you is subject to our Privacy Policy, incorporated into these Terms and Conditions.
  15. Lack of a third party.
    1. You agree that except as expressly provided in these Terms and Conditions, there will be no third party beneficiary of these Terms and Conditions, and that you may not grant your profile or register to any other persons.
  16. Notices
    1. If you choose to provide us with a specific email address, and unless you expressly tell us otherwise, Gulf Sama may communicate with you by providing you with notices regarding updates, changes or additions to the Application or Services offered through or in connection with the App.
  17. Presence and regional scope of services
    1. The Services will be available to the User upon contracting, once the contracting steps described in these General Terms and Conditions have been completed. Services can be contracted while they are deployed on the mobile app and on the web.
    2. The regional scope of service performance is [UAE], although the user can contract with them anywhere in the world where the mobile application is provided.
  18. Applicable legislation and competent jurisdiction
    1. These Terms and Conditions shall be governed by and construed in accordance with UAE law. The User may take any action he deems appropriate before the UAE courts  appropriate to the Provider's place of residence, or before the courts in the place where the User resides or where permitted by consumer and user legislation. When the user is not considered a consumer, the jurisdiction is the domicile of the service provider.
    2. We ensure that the application complies with the provisions of the General Data Protection Regulation in all matters related to the processing of personal data of Wabash Tech General Trading Company.
  19. Entire Agreement
    1. The Terms and Conditions constitute the entire agreement between you and Sama Gulf and govern your access and use, or purchase through or in connection with the application, and supersede any previous agreements between you and Sama Gulf.
    2. You may also be subject to additional terms and conditions that may apply when using or purchasing certain other services from Sama Gulf, affiliate services, third party content or third-party software.
  20. Waiver and severability of terms
    1. Sama Gulf's failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
    2. If any provision in the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties agree that the court shall endeavor to give effect to the intentions of the parties as set out in the judgment, and shall keep the other provisions of the Terms and Conditions in full force and effect.
  21. evaluations
    1. Sama Gulf application seeks to obtain the satisfaction of its users by linking them with specialized and distinguished service providers. Therefore, it is important to know your opinions and comments to assess how satisfied you are with the app. Therefore, please let us know whether you are satisfied or dissatisfied with any service provided to you specifying errors and damages and their nature so that we can reconsider the relationship with the service provider whose service does not meet your satisfaction.
  22. Breach and breach
    1. Any breach or breach of the terms and conditions reported must be notified by the user via email at (help@gulfskyfm.com)
  23. Cashback policy, discount, fees and credit in the app.
    1. Sama Gulf has the right to add, cancel, change or modify any cashback, discounts, discount codes, offers or credit in the application at the discretion of Sama Gulf at any convenient time.
    2. The validity of discount codes, discounts, credit and cashback is limited to a maximum of 36 months. Sama Gulf has the right to disable, cancel or invalidate balance, discounts, discount codes, cashback and offers at any time Sama Gulf deems appropriate at its discretion.
    3. Discounts, discount codes, app credit and cashback are not transferable to any party without the approval of Sama Gulf management.
    4. Under no circumstances or under any circumstances can the application balance be transferred outside the application, the site or to any other place or account.