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Terms of Service

Welcome to the Kulshi app (Kulshi). These Terms and Conditions constitute a legally binding agreement between you and the management of the Kulshi app. By using the app, whether as a user (service requester) or a service provider (shop owner, driver), you agree to fully comply with these Terms. If you do not agree to any part of them, please stop using the app immediately.

First: Definitions

1.1 User: Any natural or legal person who uses the platform and is 18 years of age or older.

1.2 Service Provider: An independent third party registered on the app to provide various services, for example transportation, maintenance, programming, barbering, and others.

1.3 Service: Any service requested by the user from a service provider through the app.

1.4 Commission: The amount to which Kulshi is entitled in return for intermediation.

Second: Scope of the Agreement

2.1 These Terms govern only your relationship with Kulshi. Your relationship with the service provider is governed by a separate contract between you and the service provider.

2.2 Kulshi operates as a technical intermediary aiming to connect users with service providers and issue invoices. Kulshi is not an employer of service providers and does not provide the services itself. Accordingly, the contract for providing the service is concluded directly between the user and the service provider, and Kulshi does not bear responsibility for the service provider’s performance except within the limits of Section 10 below.

Third: Account Creation and Registration

3.1 For users: Using the app requires creating an account that includes (username, password, email address, and phone number).

3.2 For service providers: To create an "electronic shop" or a service provider account, additional information is required, including (service name, trade/shop name, phone number, and a photo of the shopfront or workplace).

3.3 You are responsible for maintaining the confidentiality of your account information and password, and for all activity conducted through your account. 

3.4 One account per user or provider is permitted. It is prohibited to sell, transfer, or lend the account without prior written approval from Kulshi.

3.5 Kulshi has the right to suspend or close the account if it is proven that false information was provided or that the Terms were violated.

Fourth: Use of the App

4.1 Kulshi grants the user a limited, non-transferable license to use the app for personal, non-commercial purposes.

4.2 Kulshi grants service providers a limited, non-transferable license to use the app for commercial purposes.

4.3 It is prohibited to copy the app content, reverse engineer, use bots to scrape data, or distribute malicious software. 

4.4 It is prohibited to publish Kulshi content or any part of it for any purpose in any written or electronic publishing channels.

4.5 Service providers are prohibited from using their electronic shop on the Kulshi app for purposes other than what they declared, or from changing it.

4.6 All intellectual property rights in the app, its logo, and its content are owned by Kulshi and protected under the Iraqi Copyright Protection Law No. 3 of 1971.

4.7 Kulshi may modify content at any time.

4.8 Kulshi may suspend its services temporarily, or indefinitely if needed, without incurring any legal liability toward users or service providers. 

Fifth: Service Requests and Performance

5.1 Upon confirming an order, a service contract is formed between you and the service provider. Kulshi is not a party to this contract.

5.2 The final price, including commission and tax, is shown to you before confirmation. The price may change in cases of high demand, with any increase displayed before payment.

5.3 The service provider has the right to reject the request if they perceive a risk to their safety or a violation of the law.

5.4 Location data and estimated time are approximate, and the app is not to be used for emergency situations. 

Sixth: Prohibited Use

1. Requesting or transporting items that violate Iraqi law such as drugs, weapons, pornographic materials, or counterfeit money.

2. Threats, harassment, or discrimination based on race, gender, religion, or disability.

3. Entering false, misleading, or defamatory information, whether directly or by omission or failure to update information, when creating an account or while using the services.

4. Impersonating others. 

5. Inciting violations of these Terms.

6. Disrupting the Kulshi app by interfering with services, servers, or networks connected to the Kulshi app, or disabling it in any manner.

7. Violating local or international laws and regulations applicable in Iraq.

8. Sending, posting, or commenting with abusive or inappropriate content on the Kulshi app.

9. Manipulating identifiers by forging headers or otherwise manipulating identifiers to conceal the origin of any information sent through the Kulshi platform.

10. Providing services below the agreed level, using non-conforming materials, or failing to complete the work according to the contract concluded with the user.

11. Not possessing or disclosing any required licenses, permits, or professional qualifications needed to provide the requested service, or providing misleading information about such qualifications.

12. Charging fees higher than agreed with the user without a clear and prior justification, or attempting to financially defraud users in any way.

13. Causing damage to users’ property during the provision of the service beyond normal wear and tear or what was previously agreed.

14. Breaching user privacy, or disclosing their personal information, data, or service-related information without their explicit consent.

15. Unethical or unsafe practices, meaning any practices considered unethical, unsafe, or that pose a risk to the user, their property, or public safety during service provision.

16. Refusing to provide the service after accepting the request without a valid and acceptable reason.

17. Working under the influence of alcohol or drugs, using an unlicensed or uninsured vehicle, or any behavior that endangers the safety of goods.

18. Manipulating prices or products, including selling expired, counterfeit, or adulterated goods, or manipulating the prices displayed in the app.

19. In case of violation, Kulshi has the right to immediately suspend the account, block your access to the app, and take appropriate legal action, with the right to claim compensation if it suffers damage.

Seventh: Fees and Payments

7.1 Service fees are paid via the methods available in the app (cash on delivery).

7.2 Kulshi is not a party to the collection of these fees, and the responsibility for payment lies directly between you and the service provider.

7.3 All service fees paid in cash are final and non-refundable, unless otherwise agreed by the two parties (the user and the service provider).

7.4 If you cause damage to the service provider’s property, you are obligated to pay the repair cost supported by invoices and photos.

7.5 Service providers benefit from a free trial period for Kulshi services. After the promotional period ends, a subscription system (monthly or yearly) will be applied to service providers to continue displaying their services through the Kulshi platform.

7.6 Prices may be changed or reviewed at any time without needing your prior approval, and you will be notified of material changes.

7.7 After receiving the services and paying the service fees in cash to the service provider, the service provider or Kulshi will send an electronic receipt detailing the service and the fees paid to your registered email address or through the app.

Eighth: Communications and Notifications

8.1 By registering, you agree to receive operational and marketing notifications via SMS, WhatsApp, email, and in-app notifications.

8.2 You can disable marketing notifications from account settings. Operational notifications related to your order cannot be disabled.

8.3 Message charges are borne by you according to your telecom provider’s rates.

Ninth: Liability and Indemnification

9.1 Disclaimer: Kulshi makes reasonable efforts to ensure the platform operates, but does not guarantee it will be error-free or uninterrupted, nor the absolute accuracy of location data.

9.2 No liability for third parties: Kulshi is not responsible for the acts or omissions of service providers or users.

9.3 Legal exception: Kulshi does not exclude its liability arising from its gross negligence or fraud, in accordance with Article 8 of the Iraqi Consumer Protection Law.

9.4 Limitation of liability: In all other cases, Kulshi’s maximum liability is limited to the value of the disputed service or IQD 500,000, whichever is higher.

9.5 You indemnify Kulshi for any claims arising due to your violation of these Terms.

Tenth: Privacy and Data Protection

10.1 The collection and use of your data is subject to a separate Privacy Policy, which forms an integral part of these Terms.

10.2 Kulshi is committed to protecting your data in accordance with the Iraqi Information Crimes Law No. 17 of2012 and does not share it with third parties except by court order or with your consent. 

Eleventh: Term and Termination

11.1 This agreement is effective from the date you accept it until you cancel your account.

11.2 Kulshi has the right to terminate your account immediately upon violation of the Terms or suspicion of fraud.

11.3 You may close your account at any time through the app, provided that financial obligations remain in effect until settled.

Twelfth: Amendments and Additional Terms

12.1 Kulshi has the right to amend this agreement from time to time. Your continued use of the platform after the amendments are published constitutes your explicit and final acceptance of the amended Terms.

12.2 Additional terms may apply to certain added services, events, or promotional campaigns, and such additional terms are an integral part of this agreement.

Thirteenth: Assignment and Transfer

13.1 You may not assign this agreement without written approval from Kulshi.

13.2 Kulshi may transfer its rights and obligations to an affiliate or in the event of a merger or acquisition, with notice to you.

Fourteenth: Severability

If an Iraqi court deems any provision void or unenforceable, the remainder of the agreement remains in force, and the invalid provision will be replaced with a valid provision that most closely reflects the parties’ intent.

Fifteenth: Governing Law and Dispute Resolution

15.1 This agreement is governed by Iraqi law.

15.2 If a dispute arises, the parties undertake to attempt an amicable resolution within 30 days. If not resolved, exclusive jurisdiction shall be vested in the courts of Basra.

Sixteenth: Final Provisions

16.1 These Terms constitute the entire agreement between you and Kulshi.

16.2 Kulshi’s failure to exercise any right does not constitute a waiver of that right.

16.3 The Arabic version is the legally controlling version. Any translation is for clarification purposes only.