Introduction and your agreement to these Terms of Use

Introduction and your agreement to these Terms of Use

Welcome to https://www.khibraat.com (this ‘Website’). This Website is owned and operated by Khibraat. and its related bodies corporate (‘Khibraat, ‘us’ or ‘we’). This Website provides an online community that enables, amongst other things:

  1. companies (‘Employers’) who are looking to engage perspective freelancers (‘Freelancers’) to provide certain services to those Employers to:
    • interact or engage with Freelancers in respect of the services to be provided; and
    • collaborate with Freelancers on Projects (defined below); and
  2. Freelancers seeking to offer services to Employers to interact with, be engaged by and provide services to Employers, including collaborating with Freelancers on Projects;

(the ‘Services’).

The nature of the services provided by Freelancers will depend on the requirements of a Employer, but may include projects, conference calls, face-to-face meetings, project and assignment work, speaking engagements or other deliverables, research, advisory services or other professional work (a ’Project’).

While Khibraat facilitates the communication, interaction and engagement between Freelancers and Employers, you acknowledge and agree that we will not have any liability with respect to the Services, Projects or engagement arrangements. In this regard, without limitation:

  1. if you are a Employer, you agree that you will not pursue any claim, action or proceeding against Khibraat in relation to the quality of the services performed by Freelancers, the outcome of Projects, the conduct of Freelancers, any claims by Freelancers against you, or any other matters in connection with your relationship or interactions with Freelancers, whether or not facilitated through the Website or the Services; and
  2. if you are a Freelancer, you agree that you will not pursue any claim, action or proceeding against Khibraat in relation any conduct, act or omission of Employers, including in relation to failure of Employers to pay any fees due, any claims by Employers against you, or any other matters in connection with your relationship or interactions with Employers, whether or not facilitated through the Website or the Services.

These Terms of Use govern your access to and use of this Website, including any: (i) analysis, software, database, information, content or materials that are located on, form part of or available through or in connection with this Website (the ‘Website Material’); and (ii) the Services. By accessing or using this Website you are deemed to agree to these Terms of Use. If you do not agree to these Terms Use, you must immediately exit and not access or use this Website.

 

Registration

If you wish to become a Registered User, you must provide Khibraat with certain true and correct information about yourself (the ‘User Registration Information’), as requested by the relevant registration page on this Website. User Registration Information requested by us may include, but is not necessarily limited to:

  • your full name and prefix (e.g. Mr or Mrs), so that we can identify you
  • your photograph/s
  • your address (business and/or home)
  • your email address, so that we can correspond with you electronically and administer your account (e.g. password resets)
  • details of the company you represent and enter into these Terms of Use on behalf of (eg company name, address and contact details) and the title of your position at that company

You must promptly notify and update Khibraat if any of your User Registration Information is erroneous or changes from time to time. By providing your contact details, you are deemed to agree to Khibraat contacting you via such means.

Use of the Website Material

The Website Material is provided to you as a general guide only and must not be relied on by you or any other person as a substitute for appropriate professional and other advice tailored to your specific circumstances. Khibraat grants you a revocable, non-exclusive, non-transferable, non-sublicensable, personal license to download and use the Website Material solely for your own internal business purposes and in accordance with these Terms of Use.

Outcome of the Services

Khibraat provides a platform for enabling Freelancers and Employers to interact with each other. Khibraat accepts no liability for any aspect of the interaction between a Freelancer and a Employer, whether a Freelancer proceeds to provide services to a Employer, whether an Employer ultimately engages a Freelancer to provide services to that Employer, the quality, outcome or result of any services provided, or the acts or omissions of Freelancers or Employers.

You acknowledge and agree that this Website’s function is to connect Freelancers with Employers and that this Website does not offer an ‘end to end’ solution. Freelancers and Employers will need to undertake any work necessary to progress, finalize and perform their engagement/s themselves. We recommend that Freelancers and Employers each seek their own independent legal and professional advice before finalizing any agreement with each other, or with Khibraat. They should also independently verify the identity and suitability of, and information about, the other party before entering into any binding agreement.

Khibraat has no obligation to any User to assist or involve itself in any way in any dispute between Users.

Intellectual Property in Projects

Some of the Projects will allow or require the Freelancer to provide deliverables or content to the Employer (‘Freelancer Content’).

Unless otherwise agreed between the Freelancer and the Employer, the Freelancer retains ownership of all intellectual property rights in the Freelancer Content.

In the absence of any specific agreement between the Freelancer and the Employer, the Freelancer will grant such rights to the Employer in relation to the intellectual property in the Freelancer Content as necessary to enable the Employer to receive the benefit of the Project. The Employer’s requirements in this regard are to be communicated to the Freelancer prior to the Freelancer commencing any Project with the Employer.

Khibraat is not responsible for any Freelancer or Employer’s use of or misappropriation of any intellectual property rights during the course of the Services or in the use of its Site, including any blog or social media sites such as LinkedIn, Facebook or Twitter. Any agreements or disputes regarding intellectual property rights in Freelancer Content shall be between the Freelancer and the Employer.

Accurate Information

You warrant and represent that the information you provide is and shall remain complete, accurate, true and correct and that you will update information held by Khibraat as soon as possible after any changes.

Submitted Materials

This Website may allow Users to submit or post information, content and materials (‘User Material’) to this Website and/or Khibraat, for access and use by other Users and/or Khibraat. References in these Terms of Use to ‘User Material’ do not include any User Registration Information, which is treated separately to User Material. Khibraat does not necessarily review User Material submitted by Users and is not responsible for the form, content or accuracy of any User Material. Users should undertake their own due diligence to verify the accuracy of User Material.

If you choose to submit or post User Material, you must own or have the right to submit or post that User Material and it must not: (i) infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence; (ii) deceive or be likely to deceive any person; (iii) be used to impersonate any person (including Khibraat or its representatives) or to misrepresent your identity or affiliation with any person; or (iv) be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate.

You agree that Khibraat may: (i) edit or delete your User Material; (ii) link your User Material to other material, including User Material submitted by other Users or material created by Khibraat and/or other third parties; (iii) use your User Material for its business purposes, including to promote, market or advertise this Website and Khibraat; and (iv) directly or indirectly commercially benefit from your User Material.

Khibraat does not claim any ownership rights in your User Material, however, by submitting User Material you hereby grant Khibraat an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, to copy, modify, disclose, communicate to the public and otherwise use that User Material.

Khibraat may, in its sole discretion, remove any User Material posted by a User for any reason.

Prohibited Activities

You must not use this Website if you are aged under 18 years of age.

You must not submit, post, upload, email or otherwise send or transmit to this Website, Khibraat or any User anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to this Website. You must not interfere with this Website or the servers or networks underlying or connected to this Website or violate any of the procedures, policies or regulations of this Website or any networks connected to this Website. You must not impersonate any other person while using this Website, conduct yourself in an offensive manner while using this Website, or use this Website for any illegal, immoral or harmful purpose.

Confidentiality

You must not use, disclose, solicit, make available or misappropriate any Confidential Information (defined below), trade secrets, or other proprietary information that belongs to us or any third-party without that party’s prior written permission, or in violation of any express or implied duty or right.

Confidential Information’ means any documents or information created, received or obtained by the Employer from or on behalf of the Freelancer, Khibraat or any other party in connection with the Website. In relation to Khibraat, it also includes all non-public information pertaining to Khibraat’s business (including, without limitation, our pricing information, the identity or participation of specific Freelancers, and any content marked confidential) is Confidential Information.

You must hold all Confidential Information in trust and confidence, and not disclose, use, misappropriate or make available to any third-party, directly or indirectly, any confidential Information, except as may be required by applicable law or legal process or with applicable consent.

Confidentiality of User Name and Password

If you are a Registered User, you must not disclose your login user name or password for this Website to any other person. If such disclosure has or you believe that such disclosure may have occurred (whether intentionally or accidentally), then you must immediately inform Khibraat. To the extent that the functionality of this Website does not already require Users to do so, you must change your password regularly.

Cessation of Services

Khibraat may (with or without notice to you) modify, restrict, prevent or withdraw your access to or use of this Website for any reason whatsoever or for no reason, including where Khibraat believes that you are in breach of these Terms of Use or other agreements or written guidelines you agree with us. Except for refundable fees you have advanced to us (if any), we are not liable to you for any modification or discontinuance of any of our Services and/or the Website

Availability of this Website

This Website, the Website Material and the Services are provided on an ‘as available’ basis and Khibraat is not liable if this Website, the Website Material or the Services are unavailable for any period. Khibraat may, from time to time and with or without notice to you, temporarily suspend access to this Website, the Website Material and/or the Services or indefinitely close down this Website at any time. Khibraat does not represent, warrant or undertake that this Website, the Website Material or the Services will be error, defect, ‘bug’ or ‘virus’ free.

Accuracy of this Website

This Website, the Website Material and the Services are provided on an ‘as is’ basis and Khibraat makes no representations, warranties or undertakings with respect to this Website, the Website Material or the Services, including as to the currency, accuracy or completeness of this Website, the Website Material or the Services.

Fees

It is FREE to be registered on our Website as an Employer or a Freelancer. For companies, there are NO fees connected to building a Roster, messaging freelancers or managing invoices. Freelancers may charged a Khibraat fee for the use of some aspect of the platform.

As between Employers and Freelancers, the rates for the provision of services by Freelancers to Employers will be agreed by the Employer and Freelancer, through the Website.

Freelancer Invoicing & Payments Process

When an Employer chooses the “Invoice”engagement model, the Freelance must use the Khibraat invoicing System (‘System‘).

Disputes Around Quality of Work

Employers must inform the Freelancer and Khibraat promptly if they aren’t satisfied with the quality, or any other aspect, of services being performed by the Freelancer. All such disputes must be resolved between the Freelancer and the Employer, and Khibraat accepts no responsibility or liability for the quality or the services provided by Freelancers, or the outcomes of such services. A dispute as to the quality of the services provided by Freelancers will not relieve an Employer from its obligation to pay the Facilitation Fee – where such dispute arises, Khibraat reserves the right to render an invoice for the Facilitation Fee to the Employer based on the pre-agreed cost estimate.

Method of Payment

Employers can make all payments due to via Paypal, wire transfer or such other method as agreed.

Khibraat reserves the right to impose additional and/or vary charges respect of Users’ use of this Website from time to time.

If Khibraat introduces a new service on this Website, the fees applying to that service will be payable with effect from the launch of the service.

All payments under or in connection with this Website must be made in US dollars, unless otherwise agreed by the relevant parties.

Disclaimer

You use the Website and the Services solely at your own risk. We don’t control or vet user generated content for accuracy, nor do we have any obligation to monitor the use of our Services or verify the identity of our users.

Except to the extent that the same may not be excluded or limited as a matter of applicable law, Khibraat excludes all implied representations, warranties, guarantees, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise) to the fullest extent permitted by applicable law (including any implied representations, warranties, guarantees, terms or conditions that this Website, the Website Material or the Services are of satisfactory quality or fit for their purpose).

Limitation of Liability

Except to the extent that the same may not be excluded or limited as a matter of applicable law, Khibraat is not liable for any loss or damage, however caused (including, but not limited to, by the negligence of Khibraat), suffered by you or any other person under or in connection with these Terms of Use or your access to or use of this Website, the Website Material or the Services.

If any law implies a condition or warranty into these Terms of Use in respect of goods or services supplied, and Khibraat’s liability for breach of that condition or warranty may not be excluded but may be limited, Khibraat’s liability for any breach of that condition or warranty is limited to: (i) in the case of a supply of goods, Khibraat doing any one or more of the following (at its election): replacing the goods or supplying equivalent goods; repairing the goods; paying the cost of replacing the goods or of acquiring equivalent goods; or paying the cost of having the goods repaired; or (ii) in the case of a supply of services, Khibraat doing either or both of the following (at its election): supplying the services again; or paying the cost of having the services supplied again.

Termination of Projects

The Employer may terminate a Project early provided that the Employer gives Khibraat and the relevant Freelancer the following notice of termination of Project:

  1. for Projects with two days or less remaining on them, one day’s notice in writing; or
  2. for Projects exceeding two days but less than one week remaining on them, two days’ notice in writing; or
  3. for Projects exceeding one week remaining on them, one week’s notice in writing.

Set-up and Scope of Projects 

Once registered, you are free to search and request projects with Freelancers, through the Website.

You acknowledge that Freelancers are free to accept or decline Projects at their discretion.

Freelancers are expected to accept or decline a Project within 2 business days and to adhere to the schedule and timeframes they agree with you and Khibraat.

You must not procure, entice, solicit or induce or do anything which causes a Freelancer to breach any of the Freelancer’s obligations or project a Freelancer may owe to another person (including other Employers).

Changes to this Website, these Terms of Use

Khibraat may, from time to time and with or without notice to you, make changes to this Website, the Website Material, the Services or these Terms of Use

 

Contacting Khibraat

All correspondence to Khibraat, including any queries you may have regarding this Website or these Terms of Use, should be sent to:

E-mail: [email protected]