Terms & Conditions: Customer

Last Modified: 6 September 2023
Version Number: 2.0

1. Preamble

These terms and conditions ("The Terms") apply to the supply of services and products currently made available or added from time to time ("Products/Services") through Homie website, and applications for mobile (Mobile App), or any other software (the “Homie Portal E-Platform”) operated by Homie Portal LLC, hereinafter referred to as ("Homie, Company, "we", "us", "our").

These Terms set out the basis upon which you ("Users", "you", "your") can access and use Homie Portal E-Platforms in the United Arab Emirates, to buy Products & various listed services and have them deliver to you ("Services")

The Terms constitute the whole legal agreement between you and us and govern your use of Homie Portal E-Platforms to acquire Products/Services and completely replaces and supersede any prior understandings, commitments, agreements, if any, between you and us.

Please read these terms and conditions carefully before using this web site, web browser, mobile site and mobile application included. Your use of www. gohomie.com (this "Web Site") and Mobile App confirms your acceptance of the following terms and conditions.

By accessing Homie Portal E-Platforms, you agree to be bound by these Terms and privacy policy agreement as well. If you do not agree with any of the Terms, your sole recourse is to stop using Homie Portal E-Platforms.

The Company may amend, modify or replace these Terms at any time by posting an updated version of the Terms on Homie Portal E-Platforms. The Company encourages you to check Homie Portal E-Platforms regularly for any amendments to the Terms. Your continued use of Homie Portal E-Platforms shall constitute your express consent to these Terms.

Nothing in these Terms shall affects your statutory rights, either as a consumer of services or otherwise

2. Privacy Policy

The personal information you provide in the course of using Homie Portal E-Platforms will be used in accordance with our Privacy Policy Notice, the terms of which are hereby referred to and form an integral part of these Terms

3. Your Details

You will need to register (as a “Data Subject”) with Homie Portal E-Platforms to use given Services. To register, you must be at least eighteen (18) years of age and you must provide true, accurate, complete and current information (including name, date of birth, email address, credit/debit card details, mobile telephone number and other details (the “Personal Data”) as requested during the account creation process. If you are under the legal age of majority, you may not register

By registering yourself on Homie Portal E-Platforms, you warrant that the details you provide to the Company are correct and complete and you agree that you will inform the Company immediately of any changes to those details (e.g. change of email or postal address). You can access and update your details using the "My Profile" area of Homie Portal E-Platforms. You authorize us to use any information provided to us to verify your information (including any updated information), to obtain an initial credit authorization from your credit card issuer at the time of registration, at Company's sole discretion. Your application for registration is dependent on acceptance of the same by Company, in its sole discretion.

You are responsible for maintaining the confidentiality of your account user name and password and for preventing unauthorized access to your profile. You agree to accept responsibility for all activities that occur under your account. Please take all necessary steps to ensure that your user name and password is kept confidential and secure. Please inform the Company immediately if you have any reason to believe that your user name and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorized manner.

The Company reserves the right to refuse access to Homie Portal E-Platforms, terminate accounts, remove or edit content, or cancel/reject orders, at Company's sole discretion. If the Company cancels an order, it will be without charge to you.

4. Product Descriptions

The Company is not the manufacturer of the Products or Services sold via Homie Portal E-Platforms. The Company as an online portal will provide the service of connecting you with the Service providers and Product suppliers who shall upon your booking of an Order as per these Terms will deliver to you the Product/Service. We do our best to ensure that information provided on Homie Portal E-Platforms is accurate, but we do not warrant that it is correct, complete, reliable, current or error-free. You should not rely solely on the information presented on Homie Portal E-Platforms and you should read labels, warnings and directions provided with the Products and diligently understand the terms and condition under which Services are being delivered before purchasing any products or Services on Homie Portal E-Platforms.

6. Orders

When you place an order for Products and/or Services, we collect certain personal and transactional information (e.g. name, address, email address). For details on how we use this information, please read our Privacy Policy Notice.

We accept orders for Products and Services subject to availability. If for any reason the Products and/or Services you ordered are no longer available, we will contact you using the contact details you supplied when placing your order and either: (i) offer you an alternative Product/Service of equivalent quality and price if this is possible; or (ii). cancel the Product/Service from your order and give you a full refund in respect of that Product/Service.

If we are unable to contact you or do not receive a response from you, we will process any remaining Products/Services on your order and refund you for the Products/Services we are unable to supply.

By ordering Products/Services, you agree to pay the full amount payable for such Products/Services as indicated during the order process, along with any shipping costs or other charges applicable to that order.

We reserve the right to refuse service, terminate your account or cancel orders, at our sole discretion.

7. Payments

You may pay for the Products/Services which you order online using Homie Portal E-Platforms by supplying your credit/debit card detailsto our third party payment provider OR by paying cash on delivery. If you make a payment for Products/Services ordered using Homie Portal E-Platforms, the details you are asked to submit will be provided directly to our third-party payment provider via a secured connection ("Payment Gateway").

We reserve the right to cancel your transaction processing account at any time for any reason, at which time we will return the payment amount entered in the Payment Gateway, in an appropriate and reasonable timeframe.

We reserve the right to refuse processing Services to you at any time for any reason. You also maintain the ability to discontinue use of the Payment Gateway at any time for any reason. Active recurring payments in the event of repeated ordering of the same item/article must be deleted before use of Services is discontinued. It is your responsibility to terminate any and all recurring payments on your account before relocating or moving, otherwise charges will continue to be assessed to your billing account during the period designated for recurring payments to take place.

If you believe a transaction was made improperly, we in our sole discretion may void, issue a credit, or rescind any transaction made through the Payment Gateway prior to remittance of such payment to your payee. Payment disputes arising after payment has been settled to your payee are between you and payee alone. We may act as an intermediary if our actions can reasonably and efficiently handle said problem.

8. Delivery

Homie Portal E-Platforms can only be used for the delivery of Products/Services in the UAE. When we accept an order, we aim to deliver your Product/Services consignment within seven (7) working days from the date of order or at some other delivery date indicated at the time of order confirmation. Delivery dates are indicative only. We are not liable for any delay in delivery due to unforeseen reasons including but not limited to product/Service unavailability, transport delays, natural calamities or any other reason beyond our reasonable control.

Delivery occurs when the ordered Products/Services are delivered to the delivery address you specified when placing your order. At this point, responsibility for loss, breakage and damage passes to you. Ownership of Products purchased passes to you when payment is received by us in full and the product is delivered to you / authorized person. You will be asked to sign for acceptance of the Products/Services which will confirm that the Products/Services are correct and have been received in good condition.

If you are not at the delivery address, we will assume that any adults that are present at the delivery address are authorized by you to take delivery of the Products/Services that you have ordered. If above criteria are not met or if there is no one at the delivery address, we will not leave the Products at the delivery address nor shall the Services be performed. The Order for product/services shall stand cancelled and terminated and thereinafter the provisions for Cancellation policy and Refund Policy given below shall be applicable.

While we aim to ship all Products in your order together, this may not always be possible due to Product characteristics or availability.

Please note that all deliveries will be shipped with an invoice setting out the price. Shipping charges shall vary as per the Order.

These charges are subject to change without prior notice and the Company encourages you to check Homie Portal E-Platforms regularly for any amendments to these Terms and such charges. Shipping charges will be calculated at the time of checkout online. Any deliveries to be made in a stipulated period of time or date may attract additional charges determined by Homie Portal E-platforms and the same will be specified on the order value before placing an order.

9. Cancellation Policy

Under this policy cancellations of order(s) for Product(s) is permitted at any time before we have sent you a confirmation message of our acceptance of your order

Cancellation of an Order(s) for Services(s) shall be subject to booking time (the time at which an ordered service is to be performed) and shall include cancellation charges to be paid by the Customer as per below given scheme:

For cancellation of a service(s) which is two (2) hours to twelve (12) hours before the booking time the cancellation charges shall be equal to 25% of the Service Fee.

For cancellation of a service(s) which is up to two (2) hours before the booking time the cancellation charges shall be equal to 50% of the Service Fee.

For on-the-spot cancellation of a Service(s) when the Service is about to be performed or if there is no adult or there is no one at the delivery address cancellation charges shall be equal to 100% of the Service Fee

Notwithstanding anything to the contrary in the foregoing schedule any cancellation of a Service(s) undertaken more than twelve (12) hours from the booking time shall not be subjected to any cancellation charges.

10. Return & Refund Policy

There can be certain circumstances, beyond our control, where you could receive a damaged/defective Product or unsatisfactory service or a product that is not the same as per your original order. We shall replace the product with the same Products as per the order, at no extra cost. For unsatisfactory service we shall arrange these to be performed and repeated again for once only at no extra cost. In such circumstances, before using the Product or seeking repeat of service, please get in touch with our Customer Service Team, who will guide you on the process for replacing the product/service, at our Customer Service number 04-3306566 or write to us at email: info@gohomie.com

Where Products are not damaged/defective we will only accept return of certain Products on a case-by-case basis under these Terms. The return process for Products ordered through Homie Portal E-Platforms can be amended by us, in our sole discretion and may depend on the nature and category of the product ordered

Unless required by law, Company do not (refund) amount for perishable or temperature sensitive items. However, a refund and return can be made for such items if you establish, in our sole opinion, that there is a deficiency in the integrity of the packaging or product.

11. Conditions for Return

Please notify us of receipt of a damaged/defective/expired Product(s)/services within maximum 24 hours of delivery of the Order. After the expiry of the aforesaid time the Company shall not entertain any claim for return of Product(s) or repeat of the performed Service.

Company may request for photographic proof and/or additional information to properly investigate the issue(s) with your Order. If we determine that the Order and/or goods you received are not of satisfactory condition

Products to be returned must be in the same condition as you received them, including keeping hygienic seals. Unless required by law, used or opened products will not be replaced under any circumstances.

Products should be returned in their original packaging along with the original price tags, labels and invoices.

It is advised that the returned packets should be strongly and adequately packaged so that there is no further damage of goods in transit.

Please contact our Customer Service Team to arrange for collection of your return. One of our drivers or shipping partners will pick up your return. Once collected your return will be inspected by us to determine if the return is acceptable

12. Refunds

Once we have found the basis for the return acceptable, in our sole opinion [including case(s) of your non-acceptance of a delivered Product(s)] and the Product has been received by Homie Portal E-Platforms, then the refund will be processed based on the mode of payment of the order. Orders paid by credit/debit card will be refunded by credit back to the credit/debit card within 15 workings days. However, we shall not be responsible for the delay in refund due to delay in processes of banks. For all other modes of payment, a refund will be made by way of cheque payable to the person named on our invoice and as provided at the time of order within seven (7) working days.

13. Customer Services

If you have any queries about online matters, please contact us online via email: info@gohomie.com or via telephone on 04-3306566 We shall receive your queries seven (7) days a week and at all times excluding public holidays.

14. Agreement To Deal Electronically; Electronic Communications and Notices

By clicking "Submit" on any step of a transaction on Homie Portal E-Platforms, you agree to conduct such transaction by electronic means. You understand that by clicking the box titled "I agree to the Terms & Conditions", you are agreeing to conduct an electronic transaction and to use and receive communications through electronic means. You agree to enter the requested information electronically via the Internet Page 8 of 12 and to be notified regarding any transaction/promotion electronically through the email address you have provided. You in the capacity of a Data Subject do hereby give your unqualified and explicit consent to the Company to execute electronic transaction by processing and using your Personal Data. You understand that electronically signed documents have the same legal effect as hard copies with ink signatures.

Except as otherwise provided in these Terms, we will give you any notice(s) regarding Homie Portal E-Platforms by posting them on Homie Portal E-Platforms. To fulfill our obligations to you under these Terms, we may wish to communicate with you by email and/or by posting notices on Homie Portal E-Platforms. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications that need to be in writing. You can via electronic communication withdraw and rescind your consent given to the Company for use of Personal Data. That upon such withdrawal your account at the Homie Portal E-Platforms shall be terminated and thereafter, electronic transactions shall not be undertaken.

15. Use of Homie Portal E-Platforms

The Company tries to keep all information on Homie Portal E-Platforms up to date, but it may not be correct all of the time. You should independently check the correctness of the information you use. You agree that you use Homie Portal E-Platforms at your own risk. If you find any incorrect information, you can notify the Company by calling or emailing at the details specified in the Contact section below.

You must not conduct or promote any illegal activities while using Homie Portal E-Platforms. This includes any activities that (in Company's opinion) breach copyright, infringe on privacy or infringe any other third-party rights, as well as activities that are defamatory to third persons. To do so may lead to prosecution.

All content on Homie Portal E-Platforms is for general information purposes, it is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from, any action on the basis of the content on Homie Portal E-Platforms.

You must not use Homie Portal E-Platforms to generate unsolicited emails, spam or promotional materials to other users. You must not do anything to cause damage to Homie Portal E-Platforms or other users of the Homie Portal E-Platforms, including any technical damage to other computers. You must not send any viruses or other material designed to adversely affect the operation of Homie Portal E-Platforms, affect any other users of the Homie Portal E-Platforms or affect any equipment or any data on Homie Portal E-Platforms. You must not attempt to gain access to Homie Portal E-Platforms or the system that runs Homie Portal E-Platforms. You must not interfere with the security of Homie Portal E-Platforms, its services, system resources or network. You must not use Homie Portal E-Platforms in any manner that could damage, overburden or impair Homie Portal E-Platforms or harvest or otherwise collect any information about other users. You must not change, edit, add to or produce summaries of its content anywhere else. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-Page 9 of 12 service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site shall cease with immediate effect.

Please note that it is illegal to provide false information or fraudulently obtained information regarding the credit/debit card or without the consent of the cardholder. Any party engaged in illegal activities involving the use of Homie Portal E-Platforms may be subject to prosecution. The Company does not guarantee that the Company will be able to prevent any illegal or inappropriate use of Homie Portal E-Platforms nor will give notice of any illegal or inappropriate use of Homie Portal E-Platforms.

You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.

16. Change and Cessation of Operations

The Company reserves the right to change or correct any errors or omissions on Homie Portal E-Platforms and to alter, limit or discontinue the provision of any of the services provided via Homie Portal E-Platforms, at any time without prior notice to you. The Company will use reasonable efforts to include up-to-date and accurate information on Homie Portal E-Platforms, but it reserves the right to delete, modify or supplement the content available on Homie Portal E-Platforms at any time for any reason without prior notification.

17. Third Party Links and Advertisements

Homie Portal E-Platforms may contain links to other websites. The Company makes no representations or warranties as to the content, privacy practices and other practices of any websites operated by a third party and the Company does not assume responsibility for the content or practices of such websites. You should check the terms and conditions and privacy policies for all third party websites you visit to understand their procedures.

If you use any material or visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive material. The Company does not endorse and is not responsible for the use of or the content of any third party websites. The Company is not responsible for anything that may happen when you use them.

18. Intellectual Property

Homie Portal E-Platforms' content is protected by copyright, trade mark and other intellectual property rights. The Company or its affiliates or its licensors, retain all rights in such content. You are only permitted to access and use Homie Portal E-Platforms for personal purposes. You may not use Homie Portal E-Platforms or any of its content to further any commercial purpose, including any advertising or advertising Page 10 of 12 revenue generation activity on your own website. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content or software contained within the Homie Portal E-Platforms.

The Company is not responsible for any error or inaccuracy in any advertising or sponsorship material available on Homie Portal E-Platforms.

You agree to comply with all legal requirements of the jurisdiction in which you are located with regard to your use of Homie Portal E-Platforms and you acknowledge that you are entirely responsible for ensuring your own familiarity with such requirements and your own compliance with the same. Homie Portal E-Platforms may at times provide opportunities for Users to post reviews and other comments, questions, suggestions or other information ("User Generated Content"•). You warrant that any such User Generated Content submitted by you on Homie Portal E-Platforms is original (and does not infringe the copyright of others), and you hereby grant the Company a perpetual, irrevocable, non-exclusive, royalty-free license to use such User Generated Content so submitted, without any further recourse to you and you hereby waive any moral rights in such User Generated Content. You agree that this license authorizes us to publish your User Generated Content and identify you as the source of that content by using the name or user name that you use to submit the content. You agree that you will not post any content that is contrary to morality, defamatory, inflammatory, that infringes copyright or that may otherwise breach common decency or be contrary to law. The Company has the right, but not the obligation, to monitor and edit or remove any activity or User Generated Content and takes no responsibility and assumes no liability for any User Generated Content posted by you or any third party.

19. Disclaimer Of Warranty

Homie Portal E-Platforms and its content are provided on an "as is" and "as available" basis. The Company, its parents, subsidiaries, affiliates and their respective suppliers and any of their owners, officers, directors, managers, members, agents and employees expressly disclaim (to the fullest extent permitted by applicable law) any and all express, implied and statutory warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title and non-infringement of proprietary rights.

20. Limitation Of Liability

To the maximum extent permissible by applicable law, Company, its parents, subsidiaries, affiliates and their respective suppliers and any of their owners, officers, directors, managers, members, agents and employees:

Are not liable for any direct, indirect, punitive, incidental, special or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) arising out of or in way connected with your use of Products, Page 11 of 12 Services or the use or inability to use Homie Portal E-Platforms and its content, whether based on warranty, contract, tort (including negligence), or any other legal theory and whether or not Company is advised of the possibility of such damages; and

Are excluded from any and all liability for damages caused by any problems or technical malfunction of any tel phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the internet or on Homie Portal E-Platforms or combination thereof, including any injury or damage to any users or to any person's computer related to or resulting from use of Homie Portal E-Platforms.

Where it is not possible to exclude liability under applicable law, you agree that Company's maximum liability for any corresponding claim shall be limited to the amount paid for the Prescribed Products/Services in question.

21. Indemnity

You agree to hold harmless and indemnify Company, its parents, subsidiaries, affiliates and their respective suppliers and any of their owners, officers, directors, managers, members, agents and employees from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties and legal fees or other costs or expenses of any kind or nature arising from or in any way related to your use of Homie Portal E-Platforms, including, but not limited to those brought by you or on your behalf in excess of the liability described above or by third parties as a result of your breach of these Terms, your violation of any law or the rights of a third party or your use of the Homie Portal E-Platforms.

22. Relationship

These Terms (as amended from time to time in accordance with its terms) and Privacy Policy sets out the entire understanding and agreement between you and the Establishment with respect to the use of Homie Portal E-Platforms.

23. Termination

The Establishment may terminate or suspend your access to all or part of Homie Portal E-Platforms without prior notice, if it believes that your conduct is in violation of these Terms, applicable law or otherwise harmful to the interests of the Company or any third party. Notwithstanding, such termination or suspension, you agree that you will continue to be subject to the obligations that, by their nature, survive such termination or suspension, including the obligations relating to Intellectual Property Rights and User Generated Content.

24. General Provisions :

None of the provisions of these Terms will be deemed to constitute a partnership or agency between you and Company and you will have no authority to bind the Company in any manner whatsoever.

26. No Waiver:

Any failure by the Company to enforce any terms set out in these Terms or other policies with you is not a waiver of Company's rights to enforce those terms.

27. Governing Law and Jurisdiction

The Terms shall be governed by the laws of Dubai and United Arab Emirates (UAE). Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the Courts in Dubai and UAE