Terms And Conditions

PLEASE READ THESE T&Cs CAREFULLY.  BY ACCESSING, DOWNLOADING, OR USING ANY OF THE OBUHI SITES AND SERVICES, YOU AGREE TO BE BOUND BY THESE. IF YOU DO NOT AGREE TO ALL THE T&Cs, THEN YOU MAY NOT ACCESS AND USE THE OBUHI SITES AND SERVICES.

 

Obuhi (hereinafter referred to as “Obuhi”, “we”, “us”, “our” or “ours”) is a company incorporated in Dubai, United Arab Emirates, with company registration number 1515 (DWC), and with its registered office at Dubai World Central/Dubai South. You agree that, by registering, accessing or using our Services and the Sites (as defined below), you are entering into a legally binding contract (“User Agreement”) with Obuhi. If you do not agree with this User Agreement, do not register, access or otherwise use the Sites or the Services. If you wish to terminate this User Agreement, at any time you can do so as provided in these T&Cs.

 

1. Defined Terms

 

  • “Account” means an account registered with Obuhi by providing certain mandatory and discretionary information.
  • “European Countries” refers to all countries of the European Union (EU).
  • “Obuhi Content” means all content that Obuhi makes available through the Obuhi website or mobile applications, including third-party content, but excluding User Content.
  • “Customer” means a User who primarily seeks to purchase services in an area of specialization.
  • “Job” means the services which the Provider has agreed to perform and the Customer has agreed to pay for.
  • “Parties” means collectively a Customer and a Provider, each being, individually, a “Party”.
  • “Provider” means a User who primarily offers his/her services in an area of specialization.
  • “Services” means the Services extended by Obuhi through the Sites, which are subject to these T&Cs.
  • “Sites” means the Obuhi websites and mobile apps.
  • “User” means an individual or a business that completes the Obuhi registration process. Such a User may be a Customer or a Provider or both.
  • “User Content” means information that a User provides on the Sites about themselves, their profile or the details of a Job.

These Defined Terms will have the same meaning if they appear in the singular, plural, masculine or feminine or as the context requires.

 

2. Eligibility to Register and to Use the Sites and Services. To register and to use the Sites and Services, you agree that you meet and will meet at any time all conditions in this Section 2.

 

  • Geographic Exclusion [The T&Cs do not apply to Users who reside in any of the European Union Countries. Residents of the EU may not open an Account, access the Obuhi Site and Obuhi Content, or agree to provide or purchase a Job 
  • Minimum Age You must be 18 years old or older to use the Sites and Services. However, if any applicable law requires that you must be older in order for you to use the Sites and Services, and to register with Obuhi, without parental consent (including using of your personal data) then the minimum age is such older age.
  • No Prior Restrictions You must not already be restricted by Obuhi from using the Sites and Services.
  • Compliance with Obuhi T&Cs User must at all times comply with the T&Cs, and with applicable law. Obuhi may reject the creation of an Account in its absolute discretion. In accordance with Section 8 (Termination), Obuhi also reserves the right to restrict, suspend, or terminate the Account of any User at any time without explanation and without prior notice.

 

3. Use of the Services As a User of the Sites and Services you agree to register and create an account for your personal or business use only. You may register only one account. You are responsible for keeping any registration details secure and confidential including your password. You acknowledge that Obuhi is not responsible for any third party access to your account and the consequences thereof, howsoever caused. You are responsible, and assume liability for all information and User Content that you add to the Sites and mobile apps. Details of how Obuhi may use any information and content are provided in the Privacy Policy. You assume all risks when using the Services and when providing or using a Job. You acknowledge that Obuhi does not guarantee the accuracy of information provided to you by other Users and that you should confirm such information is to your own satisfaction before you engage with them. The Provider may accept or reject a Job at his/her own discretion. We do not guarantee that a Customer will receive a response to a Job requested or that responses meet the requirements a Customer has specified. Nor do we guarantee to Providers that they will be offered Jobs. Obuhi reserves the right, but is not under any obligation, to monitor information that is posted on the Sites and to remove such information or material that in our sole opinion violates any applicable law, either the letter or spirit of these T&Cs, or upon the request of a third party. You will not use the Sites and Services, or engage in any activity on the sites, in any way that:

 

  • Violates any local, national or other laws or regulations or any order of a court of relevant jurisdiction;
  • Uses any software, devices, scripts, robots or other means to access, scrape, crawl or spider any Sites of the Services;
  • Uses the Obuhi Sites and/or mobile applications for any commercial or other purposes that are not permitted in these T&Cs;
  • Infringes the rights of any person or entity, including their intellectual property, copyright, privacy or contractual rights;
  • Distributes unsolicited material or advertisements;
  • Is intended to harass, annoy, threaten or intimidate any other Users;
  • Promotes racism, bigotry, hatred or physical harm of any kind;
  • Is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit or otherwise objectionable;
  • Contains video, audio, photographs or images of another person without their permission (or in the case of a minor, the permission of the minor’s legal guardian);
  • Promotes or enables illegal or unlawful activities;
  • Is intended to deceive, defraud or swindle other Users of the Sites and Services;
  • Is intended to damage or interfere with the operation of the Sites and Services, including but not limited to the introduction of viruses, time-bombs, Trojan horses, cancelbots, worms, or other harmful or disruptive codes, components or devices;
  • Promotes, supports or solicits involvement in a political platform, religion, cult or sect; Is in any way used in connection with spamming, spimming, phishing, trolling or any similar activities.

 

4. Account and Registration In order to look for, or to advertise, a Job or a Provider, you must register and create an Account with Obuhi. This is done directly on the Obuhi’s website (www.obuhi.com). It is also possible to register with Obuhi using login information with other third party social networking sites including, but not limited to Facebook. If you use Facebook or other third-party social networking sites you warrant that you are entitled to disclose to Obuhi your third party login information without breach of the terms and conditions of the third party site. By granting Obuhi access to your third party account, you acknowledge that Obuhi will access certain information and may store and use this information, in accordance with our Privacy (and Data Use) Policy. When you create an Account with Obuhi, we ask you to provide information about yourself (including a mobile phone number), and will treat such information in accordance with our Privacy (and Data Use) Policy. You warrant that the information you provide is true, that it relates to you and is entirely accurate. We may, at our sole discretion, take steps to validate any identification or other information you provide to Obuhi. We may use third party agencies to undertake this validation, and, in accepting these T&Cs, you accept Obuhi may take such steps to confirm your identity and other details you provide. Obuhi however has no obligation to screen, preview, monitor or approve any User Content on the Sites and Services. Users are solely responsible for taking appropriate safety precautions in connection with their use of the Services or a Job. We may reject the creation of an Account at our absolute discretion.

 

  • Doing Jobs Obuhi is not responsible to assign a Provider to the Job. The Provider and Customer get in touch with each other directly. We believe Providers who do not meet quality and timeliness, will receive bad reviews/comments, leading to a natural selection of the best in each category. We believe in an open platform where the best providers can get the best jobs and they command a price based on the quality of their work.
  • Submission of Reviews, Ratings, and Comments We collect information that you voluntarily provide as part of our Site and Services, including messages, posts, comments, responses, reviews, and ratings you submit through the Site and Services, ("User Generated Content"). Obuhi may in its sole discretion share your User Generated Content with others. If you do not want certain information shared with others, you should not submit User Generated Content, or should not submit User Generated Content that contains information or Personal Information you do not want shared in this manner. Once you have submitted User Generated Content, we reserve the right to publish it in any medium to others.
  • Pricing, Expenses, Payment & Taxes The price of a Job is agreed upon between the Customer and Provider. The Provider may publish his/her price either per hour or per Job. All expenses which are incurred for completing a Job must be discussed and agreed between the Provider and the Customer. Obuhi is not responsible for any disputes which may arise between Providers and Customers. Payment for a Job needs to be arranged between the Customer and Provider. Obuhi does not provide a payment platform. Providers are responsible for their own accounting and tax affairs and Obuhi shall not be liable to Providers or to any statutory bodies or government agencies for any claims relating to the filing or payment of any taxes.
  • Recommendations and Reviews Customers and Providers are encouraged to offer reviews for each other each time a Job is completed. You agree to provide a prompt review that is true and fully reflects your experience with the Customer or Provider with whom you have engaged. Obuhi reserves the right to terminate the Accounts of Users who repeatedly receive poor reviews.

 

5. Liability to the extent permitted under law (and unless Obuhi has entered into a separate written agreement that overrides this user agreement), Obuhi (and those that Obuhi works with to provide the services) shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the services (e.g. offensive or defamatory statements, down time or loss, use of, or changes to, your information or content). In no event shall the liability of Obuhi (and those that Obuhi works with to provide the services) exceed, in the aggregate for all claims, an amount that is the lesser of (a) five times the most recent monthly or yearly fee that you paid for a premium service, if any, or (b) [us $1000]. This limitation of liability is part of the basis of the bargain between you and Obuhi and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if Obuhi or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.

 

6. No warranty to the extent allowed under law, Obuhi (a) disclaims all implied warranties and representations with respect to Obuhi content or user content (e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement); (b) does not guarantee that the Obuhi services will function without interruption or errors, and (c) provides the Obuhi services (including content and information) on an “as is” and “as available” basis. Some laws do not allow certain disclaimers, so some or all of these disclaimers may not apply to you.

 

7. Third Parties and Assigns You may not authorise others to use your account and you may not assign or transfer your account to any other person or entity. This User Agreement does not create any third-party rights. All of our rights and obligations under these T&Cs are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

 

8. Termination You may cancel your Obuhi Account at any time by giving us notice at admin@Obuhi.com. We may terminate your Obuhi Account and this User Agreement at any time at our own discretion with notice to you. Upon termination, you will lose the rights to access the Sites and Services. Even after termination, Obuhi will maintain the right to use and disclose your User content. Sections 1 (Defined Terms), 5 (Liability), 6 (No Warranty), 8 (Termination), 11 (Governing Law & Jurisdiction), and 12 (General Terms) of these T&Cs [as well as the Privacy (and Data Use) Policy and the IP Policy] will continue to apply after termination of the User Agreement.

 

9. Reporting Misconduct If you engage with another User who you feel has acted in an inappropriate way towards you, including but not limited to offensive, violent or sexually inappropriate behaviour you should immediately make a report to the appropriate authorities and then to Obuhi at admin@Obuhi.com. Providers and Customers receiving repeated negative reports may be removed from the community.

 

10. Trademarks and Copyright The Obuhi logo is a registered trademark. Obuhi respects trademark and copyright law and we expect our Users to do the same.

 

11. Governing Law & Jurisdiction You agree that the laws of Dubai shall govern this User Agreement, and to submit to the exclusive jurisdiction of the Dubai courts. For the avoidance of doubt, Obuhi is not responsible for, and will not adjudicate on, any disputes which may arise between a Customer and a Provider.

 

12. General Terms To the extent allowed by law, the English language version of this User Agreement is binding and other translations are for convenience only. This User Agreement is the only agreement between Obuhi and its Users regarding the Services. No waiver should be implied in case of any failure or delay by Obuhi to enforce of any of its rights under the T&Cs or this User Agreement.