TERMS AND CONDITIONS EN

DEFINITIONS

Terms and Conditions

These Terms and Conditions form the entire agreement between the User and the Khafy regarding the use of Khafy and the Service and as updated by the Company from time to time

Khafy

The software program and application and all components thereof developed by the Company to be downloaded on any smart device, named Khafy, and refers to Khafy, (referred hereinafter as “Khafy”, “the Company”, “We”, “Us” or “Our”), a company registered under the commercial registration number: (4030471053) and existing under the laws of the Kingdom of Saudi Arabia, with its headquarters located in Jeddah, KSA

Merchant

A company, i.e., a café, restaurant, hospital, hotel … etc., that has successfully registered at Khafy and posted missions for reviews to be taken over by Khafy agents as regulated by this Terms & Conditions.

Khafy Agent

the individual accessing or using Khafy and seeking to take over missions posted by Merchants on Khafy.

Mission

A request that is created by a Merchant and posted on Khafy for Khafy agents to take over and complete as set forth.

Service

Service(s) delivered by us within Khafy

Account

Digital credentials created for You to access Khafy

TERMS OF USE

Please ensure that you carefully read this agreement and have accepted these terms before they can be offered work
Where reference is made to “Khafy Agent” this shall be deemed to mean any person undertaking mystery shopping missions on behalf of Khafy.
Initial contact to you will be by letter, telephone, or e-mail where details of timing, location, fees, and deadlines for completed missions/surveys will be discussed.
By reaching verbal agreement all necessary paperwork and mission briefs will be forwarded.
Khafy Agents are under no obligation to accept any mission, and we are under no obligation to provide regular work.
All Khafy Agents who accept missions are not classed as employees of Khafy and whilst given missions, khafy agents are free to offer their services to other mystery shopping organizations.
All khafy agents are self-employed and responsible for their own tax payments. You will complete an invoice for work carried out, which is at the end, or your khafy agent report.
Payment is made by bank transfer and within the agreed time of 31 working days after the report has been submitted.
Whilst carrying out work for Khafy all khafy agents should behave in a courteous and professional manner and in the event of any khafy agent not fulfilling any aspect of a survey may be taken off of the Khafy database.
Khafy agents shall follow the instructions of the Merchant with respect to the mission.

FEES AND PAYMENT

Merchants will place missions on Khafy for Khafy agents to take over and complete as prescribed by the Merchant. Billing occurs after the mission is complete, the Merchant shall pay fees in consideration of Khafy services according to the invoice of the mission.
In the event that a mission has not been completed as set forth, Khafy will reserve the right to withhold the fee until the mission is completed at no excess expense.
In order to be eligible for payment, Khafy agents who claimed a mission shall complete it as prescribed, follow the involved Merchant’s instructions, and render the survey as designed on Khafy application.
Merchants shall review the survey delivered by the involved Khafy agent, and may revert to the Khafy agent for additional information within a maximum of three (3) hours from the survey delivery time, then, approve it accordingly. mission will be considered approved after three (3) hours.
The survey must include all information present and correct. If the information present in the survey has been found missing, inaccurate, or incorrect, this will have an impact on the payment release.
Payments will be made once (i) the mission has been completed on time and (ii) the survey has been approved by the Merchant.
As agreed upon beforehand, there may be other essential purchases to be made by the Khafy agent as part of a given mission. Such purchases will be reimbursed by the Merchant along with the fee provided that receipts have been submitted. In the event of no due receipt(s), no reimbursement is claimable.
In the event that any unforeseen problems or expenses arise in the course of carrying out the mission the Khafy agent shall inform the Merchant before starting the mission and shall be entitled to charge additional fees to cover the extra time and cost necessarily incurred to complete the mission.
If Khafy agent has been unable to attend on time for whatsoever reason, the Khafy agent shall send a substitute delegate at no extra cost. All substitute delegates must be notified to Khafy in writing to the merchant through the application.
If the Khafy agent is unable to perform all or part of the mission for any cause whatsoever outside the Merchant’s control including Khafy agent’s failure to comply with any of its obligations or Merchant’s instructions:
1. 1. - the Khafy agent shall be entitled to no payment for the respective mission
    - Khafy shall retain the respective fee until the mission is successfully completed by another Khafy agent

CANCELLATION POLICY

All cancellations must be made in writing through the application.
Merchant may replace mission(s) that was not overtaken by a Khafy agent at any time at no additional cost.
If the Merchant is willing to withdraw a mission, a refund is made immediately in the wallet and can be used for other mission(s).
When a Khafy accepts a mission, that is a commitment to follow through and do the shop. A khafy agent who doesn’t complete a mission more than once as agreed risks being ceased from Khafy’s database.
If you have got a shopping schedule, then, become unable to do the shopping because of a true emergency, notify your scheduler as soon as you can and minimum before the mission schedule with one (1) hour.

LIMITATIONS OF LIABILITY

Khafy is neither an insurer nor a guarantor and disclaims all liability in such capacity.
Reviews and surveys are issued on the basis of the information, documents, and/or samples provided by, or on behalf of, the Khafy agent and solely for the benefit of the Merchant who is responsible for acting as it sees fit on the basis of such reports or surveys. Neither Khafy, any of its officers, employees, agents, nor subcontractors shall be liable to a Merchant nor any third party for any actions taken or not taken on the basis of such reviews or surveys nor for any incorrect results arising from unclear, erroneous, incomplete, misleading, or false information processed through Khafy.
Khafy cannot be held liable for any delay, partial, or total non-performance of the services arising directly or indirectly from any event outside Khafy’s control including misbehavior or failure by a Khafy agent to comply with any of its mission(s) and in the event of misbehave khafy agent will be blocked.
The liability of Khafy in respect of any claim for loss, damage, or expense of any nature and howsoever arising shall in no circumstances exceed a total aggregate sum equal to the service paid in respect of the specific service.
Khafy cannot be held liable for any indirect or consequential loss, including loss of profits, loss of business, loss of opportunity, loss of goodwill, and cost of the product recall. It shall further have no liability for any loss, damage, or expenses arising from the claims of any third party (including, without limitation, product liability claims) that the Merchant may incur.
In the event of any claim, the Merchant shall give written notice to Khafy within 30 days of discovery of the facts alleged to justify such claim, and, in any case, Khafy shall be discharged from all liability for all claims for loss, damage or expense unless suit is brought within one year from:
- - the date of performance by the Khafy agent of the mission which gives rise to the claim
  - the date when the mission should have been completed in the event of any alleged non-performance
Company may include hyperlinks on the application to other websites or resources operated by third parties, including advertisers. Company has not reviewed all of the sites linked to the application and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, products or services available on such external websites or resources

Indemnification

The Merchant and Khafy agent shall hereby guarantee, hold harmless, and indemnify Khafy and its officers, employees, agents, or subcontractors against all claims (actual or threatened) by any third party for loss, damage, or expense of whatsoever nature including all legal expenses and related costs and howsoever arising relating to the performance, purported performance, or non-performance, of any services

PROHIBITIONS

The Khafy agent should agree not to;

Disclose any mission to any person/Company other than us
Duplicate or use the information for any purpose other than purposes and objectives set forth herein
Disclose paperwork and findings to any third parties unless our duly written consent has been obtained
Disclose details of the surveys to any other third party unless our duly written consent has been obtained
Carry out any survey where there might be a conflict of interest, due to either family or friend involvement. If in any doubt this should be disclosed before accepting the survey.

INTELLECTUAL PROPERTY Rights

Khafy and all associated trademarks are trademarks of Khafy and their related bodies corporate.
Khafy and all information provided through khafy application, and all derivatives shall be and remain the property of Khafy, you acknowledge that the material and information in the application is the subject of copyright© and that it is the subject of other intellectual property and legal rights (including third-party rights).
Information includes all information such as the reports, surveys, questionnaires, forms, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this application. Khafy tries to ensure that the information on this application is accurate and complete.
You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the material in the application, except as otherwise expressly authorised.
You shall have no rights or interests therein except as set forth in these Terms. (notices) which may be affixed to or contained within the application or the information provided therein

SAFETY

It shall be your responsibility to ensure that the site you visit is safe to perform your mission. If for any reason whatsoever the site is found unsafe you should notify us immediately and not carry out the visit.
We cannot be held responsible for the safety of each site as this is the direct responsibility of the Merchant.
In the event that you suspect that you have been identified as one of our khafy agents, you should immediately notify us. If you do not notify us and/or you identified because of your failure to adhere to the instructions, you will not receive payment.

REIMBURSEMENTS

Toll charges, parking, and standard company mileage rates will be paid where agreed beforehand.
If unable to perform a mission for any reason, Khafy must be notified immediately in order that the mission can be offered to an alternative khafy agent. The consistent selection of work that is not carried out will result in the Khafy agent being removed from our database.
If you submit a report without having carried out the required mission or payment has been made to you and it is later discovered that the mission was not completed by you, we reserve the right to seek recovery from you of the payment made to you together with any costs incurred by us and to the extent you agree to indemnify us against any loss we may suffer.
If we later discover that in making this application, you have provided false information you will be immediately removed from our database, and we will seek full recovery from you of any loss we may have suffered.

SURVIVABILITY

If any provision of these terms and conditions (whether in part or in whole) is held by a court of law to be illegal, or unenforceable the parties shall agree to amend the relevant provision as shall be necessary to ensure its application and the remaining provisions of the Contract shall remain full force and effect.

BREACH AND APPLICABLE LAW

Any waiver by us of any breach of or any default under any provision of this agreement will not be deemed a waiver of any subsequent breach or default and will in no way affect the terms of this agreement.
These terms shall be subject to the exclusive jurisdiction of courts of Jeddah, Saudi Arabia, and construed in accordance with laws of the Kingdom of Saudi Arabia.

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