Last Updated & Effective Date: July 19th 2020

A. Introduction
A.1 This document is an electronic record. This electronic record is computer system generated and does not require a physical or electronic signature.

A.2 Gooby is an online marketplace service provider. The platform is a marketplace that connects service providers and end-users. Gooby does not directly provide any services to end-users but only acts as a platform that connects both parties and facilitates the flow of transactions.

A.3 Gooby reserves the right to change this Site and these terms and conditions at any time. PLEASE READ THESE TERMS OF USE CAREFULLY PRIOR TO USE OF OR REGISTRATION ON THE WEBSITE OR MOBILE APPLICATION NAMED ‘GOOBY’ ON ANDROID AND IOS OR ANY OTHER MANNER OF ACCESSING OUR ONLINE SERVICES (“SITE”). ANY USE OF THE SITE SHALL SIGNIFY YOUR UNDERSTANDING, VERIFICATION AND ACCEPTANCE OF THESE TERMS AND YOU SHALL BE CONSIDERED LEGALLY BOUND IN THIS REGARD. BY ACCEPTING THESE TERMS OF USE YOU ALSO AGREED TO BE BOUND BY OTHER GOOBY POLICIES INCLUDING BUT NOT LIMITED TO OUR PRIVACY POLICY.

A.3 The Site is owned by Digital Pulse QSTP-LLC incorporated under the laws of Qatar with its registered office at 107, Tech 2, Qatar Science and Technology Park, Doha 40014, Qatar (hereinafter referred to as “GOOBY”, “We” or “Us”).

A.4 The following terms and conditions shall apply to your use of the Site (“Terms of Use”). These Terms of Use may be updated from time to time subject to our own policies or change in applicable law. GOOBY shall not be obliged to notify you of such changes and your continued use of the Site shall signify that you have understood and accepted such new or updated Terms of Use.

B. General
B.1 All data usage, internet, telephony, hardware, software, maintenance and such associated charges connected with Your accessing the Site or the Services, shall be wholly to Your account and shall not be borne in any way, shape or form by GOOBY.

B.2 Where You access the Service that is provided against payment of a fee, You agree that You will be responsible for all such payments as well as any associated taxes. Where you chose to pay such fee through a credit card, bank transfer or other similar methodology, You warrant that You are authorised to use such payment services and that You will indemnify and hold harmless GOOBY against any unauthorized use of such services by You.

B.3 By using the Site you will be contracting with GOOBY, unless specified otherwise, and these Terms of Use as well as the privacy policy of the Site will constitute the mutual - legally binding - obligations of both You and GOOBY.

B.4 The terms “You”, “Your” or “User” is a reference to you the person using this website for any purpose whatsoever, whether you are a natural or legal person irrespective of whether or not you have registered on the Site. These terms include both Buyers who wish to avail services provided by Sellers on the Site (“Buyers”) as well as Sellers who actually list and provide their services on the Site to Buyers (“Sellers”) (collectively “the Services”). Buyers will only have access to the Service where they can establish, to Our satisfaction that they are at least 16 years old or have been authorized by a parent or guardian to access the Services

B.5 In exchange for your compliance with our Terms of Use, privacy policy and other terms and conditions, incorporated by reference, we grant you a non-exclusive, non-transferable privilege to enter and use the Site.

C. The Service
C.1 This Site is a marketplace platform enabling Buyers to connect with Sellers, who are independent businesses, neither affiliated nor employed by GOOBY.

C.1A Buyers understand that GOOBY is not providing any services directly to them and that the Site is only a marketplace to connect Buyers with Sellers. All service transactions are by and between Buyers and Sellers directly. GOOBY is not a direct party to any such transactions but is only a marketplace service provider and payment facilitation service provider. Further, both parties are advised to exercise independent due diligence when dealing with other parties on the Site.

C.2 Buyers may be required to pay facilitation fee against the provision of Services. The details of the fee shall be updated from time to time on the Site (“Buyer Fee)

C.3 Sellers will be charged a fee for availing the Services provided through the Site, Sellers may be required to execute a separate contract for services with GOOBY to enable Service facilitation (“Seller Contract”), the Seller Contract, if any, is hereby incorporated by reference as a part of these terms. The fee chargeable to Sellers shall also be a percentage of the transaction value undertaken and shall be updated on the Site from time to time (“Seller Fee”).

C.4 It is hereby expressly clarified that any refunds will be processed solely at Our discretion and that no other requests for refund shall be processed or entertained by GOOBY. All refunds processed shall be credited solely to Your Gooby account and not to your bank account(s).

C.5 Any transfer charges, processing charges, transfer fees, transaction charges etc., by whatever name called, charged by banks or payment services shall be borne by the Sellers/Buyers. GOOBY shall be entitled to add such amounts towards such transaction charges from any payments due from the Sellers/Buyers.

C.6 All conversations and communication between Users on the Site can be reviewed at any time by the quality control and management team at Gooby. Please note that We may be obliged under law to report any illegal activities that come to our notice during this time. Such reporting may invite formal prosecution and proceedings against You.

D. Eligibility

Membership etc – Buyers
D.1 Use of the Site is available to all persons who are at least 16 years of age. Users may register either directly with the Site or through their Facebook.com (“Facebook”), Plus.Google.com (“Google+) accounts.

D.2 If You are a person under the age of 16 years – You are required to declare this information at the time of registration as a User (“Minor Users”). Minor Users shall not be able to access Services on the Site.

D.3 If it is discovered at any point of time by GOOBY that You are younger than 16 years of age and have failed to declare it at the time of registration, GOOBY reserves the right to terminate your membership immediately and to take appropriate legal action, where applicable, against You.

D.4 Even other than in circumstances where You are found to have declared your age incorrectly, GOOBY reserves the right to unilaterally terminate your Account and refuse access to any Service offered on the Site without providing You with any reasons or explanations.

D.5 You shall refrain from transferring, selling or trading your Account to any third parties or facilitating the Services for underage individuals through your Account. Any such actions on your part that come to GOOBY’s notice shall result in the immediate termination of your Account and appropriate legal action under the laws of Qatar.

D.6 You undertake that:
1. You will use your actual identity when registering on the Site. And that you shall produce government issued identification or such other documentation if demanded by Us for the verification of your identity and/or legal status at any time;
2. The personal data that you have provided Us is true, accurate and complete; and
3. You will update your personal data from time to time to ensure that it is accurate and complete.

Your failing to comply with any of the above provisions shall result in the termination of your membership solely at GOOBY’s discretion.

D.7 Buyers shall have access to certain features of the Site only after registration.

D.8 Buyer expressly undertakes to use the ‘feedback/review’ feature only in respect of Seller’s whose service they have used and to post genuine and honest feedback about their experience of such service.

D.9 Buyer understands that any transaction undertaken with Sellers on the Site constitutes a binding contract.

D.10 Buyer’s understand that GOOBY does not verify any information that is provided by Sellers listed on the Site nor is liable for the actions of the Sellers in any manner whatsoever, unless otherwise provided herein. Buyers should independently verify the antecedents of any Sellers that they contact through the Site.
D.10A The provisions of Article D.15 shall apply mutatis mutandis to all Buyers as well.



Membership etc – Sellers
D.11 Sellers Accounts will only be permitted to be created and operated through the sign up methodology on the Site and not through third-party means of access. This may include verification of certain credentials as may be required from time to time by GOOBY

D.12 Sellers will be required to be registered under applicable laws and in accordance with such terms as may be updated by GOOBY from time to time.

D.13 Sellers will not be permitted to post their contact details directly on the Site or to communicate with Buyers outside the Site. A chat feature and other communication features will be provided on the Site to enable smooth communication. If a Seller shares their contact information by which Buyers can contact them directly, We will follow a 3 (three) warning system, whereby upon the Seller violating this condition thrice, their account on the Site will be blocked and no further work or withdrawals will be permitted from such blocked account.

D.14 This requirement for eligibility will be subject to modification at the sole discretion of GOOBY. The above is only indicative and not an exhaustive list of all criteria taken into consideration by GOOBY. GOOBY’s decision to permit or refuse a person a Sellers Account shall be final and not subject to any kind of dispute or challenge. At GOOBY’s sole discretion such errant Sellers may be allowed to revive their accounts by signing customised agreements with GOOBY. However, any revived accounts that violate this policy – even on a single occasion – shall have their accounts terminated.

D.15 Seller accounts may also be blocked by us where it is found that the Seller has cancelled service requests more than 3 (three) times without a satisfactory explanation as to why this has been done. In all such cases, an explanation will be first sought from the Seller as to why they have made such cancellations (“Show Cause”). Where the Show Cause is found to be unsatisfactory the cancellation shall count towards the 3 cancellation limit, which eventually leads to account restrictions. In certain cases, such behaviour may lead to immediate termination of the Seller account and We may not accord a seller with 3 opportunities, such action shall be at Our sole discretion. Such behaviour indicates to us that the Seller has sought to provide services to Buyers outside the Site. An investigation will be undertaken by Gooby and all findings and decisions shall be final and binding on all parties.

D.16 Sellers undertake to have appropriate mechanism and technology in place to protect Buyer data made available to you in accordance with the applicable laws. You also undertake to be solely liable, to the extent permitted under law, for any breach of Buyer data in your control and possession. You also agree to indemnify and hold harmless GOOBY against any such breach.

D.17 You undertake to be compliant with all applicable laws that would apply to a business of your nature. You further undertake to be solely liable for any breaches of such law by You and to hold GOOBY indemnified and harmless against all such breaches caused for any reason whatsoever.

D.18 As a Sellers registered on our Site you undertake to be wholly responsible and liable for all services undertaken by you for Buyers. Further, you agree to indemnify and hold harmless GOOBY against any liability that may arise due to any reason whatsoever connected with the sale of goods and/or services by You including but not limited to damages, losses whether direct or indirect, fines, legal proceedings, attorney’s fees etc.

D.19 You undertake to not hold Us responsible or liable for any reviews that may be written with regards to your service by Buyers on the Site. These reviews are an integral part of the online marketplace process of ranking Sellers and are independently written by Buyers. GOOBY is in no way involved in the process of ranking or rating Your services and thus, cannot be held liable for any remarks that you may deem unflattering or harmful to your business. In case of genuine concern on your part that a review may be defamatory and not just a review of your services, you may contact Buyer support with the specifics of your concern. The final decision with regards to whether the review may be retained or removed shall be GOOBY’s and this will be binding on You.

E. No Offer or Advice
The information contained on this Site is not intended to and does not constitute an offer, solicitation, inducement, invitation or commitment to purchase, subscribe to, provide or sell any securities, service or product or to provide any recommendations on which Users on this website should rely for financial, securities, investment or other advice or to take any decision based on such information. Users on this website are encouraged to seek individual advice from their legal, financial, personal and other advisers before making any investment or financial decisions.

F. Accuracy of Information
F.1 Although GOOBY has taken reasonable care that the information contained on this Site or delivered to you by e-mail, if any, is accurate at the time of publication, such information is provided “as is” for only informational purposes as of the date of publication, and no representation or warranty (including liability towards third parties), expressed or implied, is made (or accepted) as to its accuracy or completeness or fitness for any purpose by GOOBY or its affiliates.

F.2 Under no circumstances will GOOBY or its affiliates be liable for any direct, indirect, incidental, special or consequential loss or damage caused by reliance on this information or for the risks inherent in the financial transactions of this nature. Information regarding the past performance of an investment is not necessarily indicative of the future performance of that or any other investment. The value of investments may fall as well as rise.

G. Prohibitions
G.1 Users are prohibited from engaging in any of the following:
1. Committing, aiding, perpetuating a criminal offense, send or spread Trojan, virus, worm or any technologically dangerous and heinous materials or substance on this website.
2. Engaging in any data mining, data harvesting, data extracting, or any similar activity in relation to this website.
3. Corrupt data, hack into any aspect of the service or cause a provocation on other website users.
4. Sending spam [i.e. unsolicited advertising or promotional materials] or a plot to disrupt the performance of the computer facilities of or accessed through this website.
5. Uploading obscene and corrupt photos or videos like pornography.
6. Wrong use of the website in any way that may occasion or cause harm to the website or contrary to the stipulated applicable laws and regulations.
G.2 Users further undertake to not host, display, upload, modify, publish, transmit, update or share any information which:

(a) belongs to another person and to which You do not have any right;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing anyone;
(c) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(d) harasses or advocates harassment of another person;
(f) is abusive, threatening, obscene, defamatory or libellous;
(g) infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
(i) violates or promotes the violation of third-persons intellectual property rights;
(j) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(k) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(l) contains video, photographs, or images of another person (with a minor or an adult);
(m) tries to gain unauthorized access or exceeds the scope of authorized access to the Site ;
(n) solicits gambling or engages in any gambling activity which GOOBY in its sole discretion, believes is or could be construed as being illegal;
(o) interferes with another User's use and enjoyment of the Site or any other individual's User and enjoyment of similar services;
(p) refers to any website or url that, in Our sole discretion, contains material that is inappropriate for the Site or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
(q) harms minors in any way;
(r) violates any law for the time being in force;
(s) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(t) impersonates another person; and
(u) directly or indirectly offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

H. Access to Site and Content
H.1 GOOBY reserves the right, in its sole discretion, to withdraw access to or modify any of the information, tools, content or services provided in connection with the Web Site/Mobile Apps (the “Content”) at any time without providing notice to you. All Content is presented as of the date published or indicated, and may become inaccurate as a result of subsequent market events or for other reasons.

H.2 Although GOOBY makes every attempt to provide accurate and timely Content, GOOBY does not guarantee or ensure the accuracy, completeness, currency or authenticity of any Content or functionality or transmission of any Content from the Site to you. Furthermore, you are solely responsible for making sure that you are receiving up-to-date Content from the Site.

I. Intellectual Property
I.1 Subject to the provisions of these Terms of Use, our Site, and the Content are owned by or licensed to GOOBY, subject to copyright, trademark and other intellectual property rights under Qatar and international law. We reserve all rights to the Content.

I.2 You agree not to engage in the use, copying, or distribution of any Content unless you are expressly permitted to do so by a written agreement with Us. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Site or the Content. You agree not to copy, publish, retransmit, broadcast, disseminate, distribute, commercially exploit, sell, modify, decompile, reverse engineer, disassemble or create derivative works from the Content. All product, brand and company names and logos used on our Site are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Site, whether or not owned and/or operated by GOOBY (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate), is strictly prohibited. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of GOOBY and may not be copied, imitated or used, in whole or in part, without Our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us.

J. International Access
This Site may be accessed from countries other than Qatar. This Site may contain services, properties or assets to that are not available outside of Qatar Any such references do not imply that such assets or properties will be made available outside Qatar. If you access and use this Site outside Qatar, you are responsible for complying with your local laws and regulations.

K. Limitations of Liability
To the maximum extent permitted by applicable law and regulatory requirements, GOOBY specifically disclaims any liability for errors, inaccuracies or omissions on this website and for any loss (whether direct or indirect) or damage resulting from its use, whether caused by negligence or otherwise. Users who choose to access this website do so on their own initiative and agree to assume responsibility for determining whether any legal or regulatory considerations limit their access to or use of information contained on this website. Users are responsible for compliance with all local laws and regulations.


L. Express Disclaimers
L.1 GOOBY does not make any warranty regarding the truthfulness or veracity of any Content on the Site or of any claims of quality or workmanship by any third-party. GOOBY expressly disclaims that the views expressed by Users on the Site are their own and GOOBY does not endorse the same merely because they are posted on the Site. Further, GOOBY shall in not be liable for any false, libelous or mala fide views expressed in the Content on the Site. In the case of such Content that is malicious, false, inflammatory, libelous or in violation of third-party intellectual property rights (as addressed above) or is in any other manner in violation of GOOBY’s policies, affected parties are advised to contact our Buyer Service team at [email protected] with the details of such violation to enable us to take appropriate action.

L.2 We are further not responsible for:
i. any incorrect or inaccurate Content (including any information in User profiles) posted on the Site, whether caused by Users or by any of the equipment or programming associated with or utilized in the Site.
ii. the conduct, whether online or offline, of any User of the Services.
iii. any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other Users.
iv. any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Site or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials from the Site.
v. any loss or damage, including personal injury or death, resulting from use of the Site or from any Content posted on the Site or transmitted to Users, or any interactions between Users whether online or offline.

L.3 The Site and Service are provided on an “As-Is” basis. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (a) the Site and Service will meet Your requirements; (b) the Site will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the results that may be obtained from the use of the Site will be accurate or reliable.



M. Links to our Website from Other Websites
You shall not display hyperlinks on your websites to any website owned or operated by GOOBY, including the Site. If you desire to display on your website a hyperlink to the Site, you must enter into a written agreement with Us governing such display. To submit a request to display hyperlinks on your websites to the Site, please contact us. Any violation shall invite formal legal action.

N. No Discrimination
GOOBY does not discriminate and welcomes all Users.

O. Transmissions To and From this Website
Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from the Site may not be secure or confidential. GOOBY makes no representation whatsoever concerning the security or confidentiality of your electronic communications and specifically makes no representation that any electronic communications transmitted to these will be received by GOOBY. Any such communications, including any ideas, concepts, know-how, or techniques contained therein, may be used by Us for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. You hereby waive all rights to any claim against GOOBY for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with electronic communications you transmit to the Site.

P. Indemnification
You agree to indemnify, defend and hold GOOBY and its affiliates, and their respective owners, directors, officers, employees, shareholders, agents, suppliers, Buyers and users of the Content harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees) incurred by any GOOBY Party as a result of or in connection with (i) any breach by you of any of the provisions of these Terms of Use or other GOOBY policies; (ii) any violation by you of applicable law; (iii) any misuse or alleged misuse of the Site or the Content by you or anyone within your control; (iv) any third party claim against GOOBY as a result of your use of the Site. GOOBY reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with GOOBY’s defence of such claim. GOOBY may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs).

Q. Notices
All notices directed to GOOBY must be sent to the contact details on this site. We may give notice to you at the email you provide to us when making a purchase. (Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter.) In providing the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressees.

R. Severability
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

S. Amendments
GOOBY may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Site from the date of the publication of the revised terms and conditions on this Site. Please check this page regularly to ensure you are familiar with the current version.

T. Privacy
Your privacy and data is dealt with by us in a manner consistent with all applicable domestic laws in Qatar. Your information collected by us may be sold to third-parties as a part of a merger, amalgamation or such similar proceedings that GOOBY may be involved in the future. Please read our privacy policy [inset link] and if you still have objections to the use of your data in this manner then please do not use the Site.

U. Third-Party Intellectual Property
U.1 We take intellectual property protection very seriously and it is our policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner's legal agent. If you believe that your intellectual property rights are being used on the Site in a way that constitutes an intellectual property infringement, please provide us the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
(ii) an identification of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Site;
(iv) your address, contact number, and e-mail address;
(v) a written statement that you have a bona fide belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
(vi) a statement by you in a sworn affidavit – please note that executing a sworn affidavit with the knowledge that the information contained therein is false, is a criminal offense punishable by law - that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

U.2 Contact information for notice of claims of intellectual property infringement is as below:
[email protected]

Last Updated & Effective Date: July 19th 2020

A. Introduction
A.1 This document is an electronic record. This electronic record is computer system generated and does not require a physical or electronic signature.

A.2 Gooby is an online marketplace service provider. The platform is a marketplace that connects service providers and end-users. Gooby does not directly provide any services to end-users but only acts as a platform that connects both parties and facilitates the flow of transactions.

A.3 Gooby reserves the right to change this Site and these terms and conditions at any time. PLEASE READ THESE TERMS OF USE CAREFULLY PRIOR TO USE OF OR REGISTRATION ON THE WEBSITE OR MOBILE APPLICATION NAMED ‘GOOBY’ ON ANDROID AND IOS OR ANY OTHER MANNER OF ACCESSING OUR ONLINE SERVICES (“SITE”). ANY USE OF THE SITE SHALL SIGNIFY YOUR UNDERSTANDING, VERIFICATION AND ACCEPTANCE OF THESE TERMS AND YOU SHALL BE CONSIDERED LEGALLY BOUND IN THIS REGARD. BY ACCEPTING THESE TERMS OF USE YOU ALSO AGREED TO BE BOUND BY OTHER GOOBY POLICIES INCLUDING BUT NOT LIMITED TO OUR PRIVACY POLICY.

A.3 The Site is owned by Digital Pulse QSTP-LLC incorporated under the laws of Qatar with its registered office at 107, Tech 2, Qatar Science and Technology Park, Doha 40014, Qatar (hereinafter referred to as “GOOBY”, “We” or “Us”).

A.4 The following terms and conditions shall apply to your use of the Site (“Terms of Use”). These Terms of Use may be updated from time to time subject to our own policies or change in applicable law. GOOBY shall not be obliged to notify you of such changes and your continued use of the Site shall signify that you have understood and accepted such new or updated Terms of Use.

B. General
B.1 All data usage, internet, telephony, hardware, software, maintenance and such associated charges connected with Your accessing the Site or the Services, shall be wholly to Your account and shall not be borne in any way, shape or form by GOOBY.

B.2 Where You access the Service that is provided against payment of a fee, You agree that You will be responsible for all such payments as well as any associated taxes. Where you chose to pay such fee through a credit card, bank transfer or other similar methodology, You warrant that You are authorized to use such payment services and that You will indemnify and hold harmless GOOBY against any unauthorized use of such services by You.

B.3 By using the Site you will be contracting with GOOBY, unless specified otherwise, and these Terms of Use as well as the privacy policy of the Site will constitute the mutual - legally binding - obligations of both You and GOOBY.

B.4 The terms “You”, “Your” or “User” is a reference to you the person using this website for any purpose whatsoever, whether you are a natural or legal person irrespective of whether or not you have registered on the Site. These terms include both Buyers who wish to avail services provided by Sellers on the Site (“Buyers”) as well as Sellers who actually list and provide their services on the Site to Buyers (“Sellers”) (collectively “the Services”). Buyers will only have access to the Service where they can establish, to Our satisfaction that they are at least 16 years old or have been authorized by a parent or guardian to access the Services

B.5 In exchange for your compliance with our Terms of Use, privacy policy and other terms and conditions, incorporated by reference, we grant you a non-exclusive, non-transferable privilege to enter and use the Site.

C. The Service
C.1 This Site is a marketplace platform enabling Buyers to connect with Sellers, who are independent businesses, neither affiliated nor employed by GOOBY.

C.1A Buyers understand that GOOBY is not providing any services directly to them and that the Site is only a marketplace to connect Buyers with Sellers. All service transactions are by and between Buyers and Sellers directly. GOOBY is not a direct party to any such transactions but is only a marketplace service provider and payment facilitation service provider. Further, both parties are advised to exercise independent due diligence when dealing with other parties on the Site.

C.2 Buyers may be required to pay facilitation fee against the provision of Services. The details of the fee shall be updated from time to time on the Site (“Buyer Fee)

C.3 Sellers will be charged a fee for availing the Services provided through the Site, Sellers may be required to execute a separate contract for services with GOOBY to enable Service facilitation (“Seller Contract”), the Seller Contract, if any, is hereby incorporated by reference as a part of these terms. The fee chargeable to Sellers shall also be a percentage of the transaction value undertaken and shall be updated on the Site from time to time (“Seller Fee”).

C.4 It is hereby expressly clarified that any refunds will be processed solely at Our discretion and that no other requests for refund shall be processed or entertained by GOOBY. All refunds processed shall be credited solely to Your Gooby account and not to your bank account(s).

C.5 Any transfer charges, processing charges, transfer fees, transaction charges etc., by whatever name called, charged by banks or payment services shall be borne by the Sellers/Buyers. GOOBY shall be entitled to add such amounts towards such transaction charges from any payments due from the Sellers/Buyers.

C.6 All conversations and communication between Users on the Site can be reviewed at any time by the quality control and management team at Gooby. Please note that We may be obliged under law to report any illegal activities that come to our notice during this time. Such reporting may invite formal prosecution and proceedings against You.

D. Eligibility

Membership etc – Buyers
D.1 Use of the Site is available to all persons who are at least 16 years of age. Users may register either directly with the Site or through their Facebook.com (“Facebook”), Plus.Google.com (“Google+) accounts.

D.2 If You are a person under the age of 16 years – You are required to declare this information at the time of registration as a User (“Minor Users”). Minor Users shall not be able to access Services on the Site.

D.3 If it is discovered at any point of time by GOOBY that You are younger than 16 years of age and have failed to declare it at the time of registration, GOOBY reserves the right to terminate your membership immediately and to take appropriate legal action, where applicable, against You.

D.4 Even other than in circumstances where You are found to have declared your age incorrectly, GOOBY reserves the right to unilaterally terminate your Account and refuse access to any Service offered on the Site without providing You with any reasons or explanations.

D.5 You shall refrain from transferring, selling or trading your Account to any third parties or facilitating the Services for underage individuals through your Account. Any such actions on your part that come to GOOBY’s notice shall result in the immediate termination of your Account and appropriate legal action under the laws of Qatar.

D.6 You undertake that:
1. You will use your actual identity when registering on the Site. And that you shall produce government issued identification or such other documentation if demanded by Us for the verification of your identity and/or legal status at any time;
2. The personal data that you have provided Us is true, accurate and complete; and
3. You will update your personal data from time to time to ensure that it is accurate and complete.

Your failing to comply with any of the above provisions shall result in the termination of your membership solely at GOOBY’s discretion.

D.7 Buyers shall have access to certain features of the Site only after registration.

D.8 Buyer expressly undertakes to use the ‘feedback/review’ feature only in respect of Seller’s whose service they have used and to post genuine and honest feedback about their experience of such service.

D.9 Buyer understands that any transaction undertaken with Sellers on the Site constitutes a binding contract.

D.10 Buyer’s understand that GOOBY does not verify any information that is provided by Sellers listed on the Site nor is liable for the actions of the Sellers in any manner whatsoever, unless otherwise provided herein. Buyers should independently verify the antecedents of any Sellers that they contact through the Site.
D.10A The provisions of Article D.15 shall apply mutatis mutandis to all Buyers as well.



Membership etc – Sellers
D.11 Sellers Accounts will only be permitted to be created and operated through the sign up methodology on the Site and not through third-party means of access. This may include verification of certain credentials as may be required from time to time by GOOBY

D.12 Sellers will be required to be registered under applicable laws and in accordance with such terms as may be updated by GOOBY from time to time.

D.13 Sellers will not be permitted to post their contact details directly on the Site or to communicate with Buyers outside the Site. A chat feature and other communication features will be provided on the Site to enable smooth communication. If a Seller shares their contact information by which Buyers can contact them directly, We will follow a 3 (three) warning system, whereby upon the Seller violating this condition thrice, their account on the Site will be blocked and no further work or withdrawals will be permitted from such blocked account.

D.14 This requirement for eligibility will be subject to modification at the sole discretion of GOOBY. The above is only indicative and not an exhaustive list of all criteria taken into consideration by GOOBY. GOOBY’s decision to permit or refuse a person a Sellers Account shall be final and not subject to any kind of dispute or challenge. At GOOBY’s sole discretion such errant Sellers may be allowed to revive their accounts by signing customised agreements with GOOBY. However, any revived accounts that violate this policy – even on a single occasion – shall have their accounts terminated.

D.15 Seller accounts may also be blocked by us where it is found that the Seller has cancelled service requests more than 3 (three) times without a satisfactory explanation as to why this has been done. In all such cases, an explanation will be first sought from the Seller as to why they have made such cancellations (“Show Cause”). Where the Show Cause is found to be unsatisfactory the cancellation shall count towards the 3 cancellation limit, which eventually leads to account restrictions. In certain cases, such behaviour may lead to immediate termination of the Seller account and We may not accord a seller with 3 opportunities, such action shall be at Our sole discretion. Such behaviour indicates to us that the Seller has sought to provide services to Buyers outside the Site. An investigation will be undertaken by Gooby and all findings and decisions shall be final and binding on all parties.

D.16 Sellers undertake to have appropriate mechanism and technology in place to protect Buyer data made available to you in accordance with the applicable laws. You also undertake to be solely liable, to the extent permitted under law, for any breach of Buyer data in your control and possession. You also agree to indemnify and hold harmless GOOBY against any such breach.

D.17 You undertake to be compliant with all applicable laws that would apply to a business of your nature. You further undertake to be solely liable for any breaches of such law by You and to hold GOOBY indemnified and harmless against all such breaches caused for any reason whatsoever.

D.18 As a Sellers registered on our Site you undertake to be wholly responsible and liable for all services undertaken by you for Buyers. Further, you agree to indemnify and hold harmless GOOBY against any liability that may arise due to any reason whatsoever connected with the sale of goods and/or services by You including but not limited to damages, losses whether direct or indirect, fines, legal proceedings, attorney’s fees etc.

D.19 You undertake to not hold Us responsible or liable for any reviews that may be written with regards to your service by Buyers on the Site. These reviews are an integral part of the online marketplace process of ranking Sellers and are independently written by Buyers. GOOBY is in no way involved in the process of ranking or rating Your services and thus, cannot be held liable for any remarks that you may deem unflattering or harmful to your business. In case of genuine concern on your part that a review may be defamatory and not just a review of your services, you may contact Buyer support with the specifics of your concern. The final decision with regards to whether the review may be retained or removed shall be GOOBY’s and this will be binding on You.

E. No Offer or Advice
The information contained on this Site is not intended to and does not constitute an offer, solicitation, inducement, invitation or commitment to purchase, subscribe to, provide or sell any securities, service or product or to provide any recommendations on which Users on this website should rely for financial, securities, investment or other advice or to take any decision based on such information. Users on this website are encouraged to seek individual advice from their legal, financial, personal and other advisers before making any investment or financial decisions.

F. Accuracy of Information
F.1 Although GOOBY has taken reasonable care that the information contained on this Site or delivered to you by e-mail, if any, is accurate at the time of publication, such information is provided “as is” for only informational purposes as of the date of publication, and no representation or warranty (including liability towards third parties), expressed or implied, is made (or accepted) as to its accuracy or completeness or fitness for any purpose by GOOBY or its affiliates.

F.2 Under no circumstances will GOOBY or its affiliates be liable for any direct, indirect, incidental, special or consequential loss or damage caused by reliance on this information or for the risks inherent in the financial transactions of this nature. Information regarding the past performance of an investment is not necessarily indicative of the future performance of that or any other investment. The value of investments may fall as well as rise.

G. Prohibitions
G.1 Users are prohibited from engaging in any of the following:
1. Committing, aiding, perpetuating a criminal offense, send or spread Trojan, virus, worm or any technologically dangerous and heinous materials or substance on this website.
2. Engaging in any data mining, data harvesting, data extracting, or any similar activity in relation to this website.
3. Corrupt data, hack into any aspect of the service or cause a provocation on other website users.
4. Sending spam [i.e. unsolicited advertising or promotional materials] or a plot to disrupt the performance of the computer facilities of or accessed through this website.
5. Uploading obscene and corrupt photos or videos like pornography.
6. Wrong use of the website in any way that may occasion or cause harm to the website or contrary to the stipulated applicable laws and regulations.
G.2 Users further undertake to not host, display, upload, modify, publish, transmit, update or share any information which:

(a) belongs to another person and to which You do not have any right;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing anyone;
(c) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(d) harasses or advocates harassment of another person;
(f) is abusive, threatening, obscene, defamatory or libellous;
(g) infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
(i) violates or promotes the violation of a third-persons intellectual property rights;
(j) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(k) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(l) contains video, photographs, or images of another person (with a minor or an adult);
(m) tries to gain unauthorized access or exceeds the scope of authorized access to the Site ;
(n) solicits gambling or engages in any gambling activity which GOOBY in its sole discretion, believes is or could be construed as being illegal;
(o) interferes with another User's use and enjoyment of the Site or any other individual's User and enjoyment of similar services;
(p) refers to any website or url that, in Our sole discretion, contains material that is inappropriate for the Site or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
(q) harms minors in any way;
(r) violates any law for the time being in force;
(s) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(t) impersonates another person; and
(u) directly or indirectly offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

H. Access to Site and Content
H.1 GOOBY reserves the right, in its sole discretion, to withdraw access to or modify any of the information, tools, content or services provided in connection with the Web Site/Mobile Apps (the “Content”) at any time without providing notice to you. All Content is presented as of the date published or indicated, and may become inaccurate as a result of subsequent market events or for other reasons.

H.2 Although GOOBY makes every attempt to provide accurate and timely Content, GOOBY does not guarantee or ensure the accuracy, completeness, currency or authenticity of any Content or functionality, or transmission of any Content from the Site to you. Furthermore, you are solely responsible for making sure that you are receiving up-to-date Content from the Site.

I. Intellectual Property
I.1 Subject to the provisions of these Terms of Use, our Site and the Content are owned by or licensed to GOOBY, subject to copyright, trademark and other intellectual property rights under Qatar and international law. We reserve all rights to the Content.

I.2 You agree not to engage in the use, copying, or distribution of any Content unless you are expressly permitted to do so by a written agreement with Us. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Site or the Content. You agree not to copy, publish, retransmit, broadcast, disseminate, distribute, commercially exploit, sell, modify, decompile, reverse engineer, disassemble or create derivative works from the Content. All product, brand and company names and logos used on our Site are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Site, whether or not owned and/or operated by GOOBY (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate), is strictly prohibited. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of GOOBY and may not be copied, imitated or used, in whole or in part, without Our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us.

J. International Access
This Site may be accessed from countries other than Qatar. This Site may contain services, properties or assets to that are not available outside of Qatar Any such references do not imply that such assets or properties will be made available outside Qatar. If you access and use this Site outside Qatar, you are responsible for complying with your local laws and regulations.

K. Limitations of Liability
To the maximum extent permitted by applicable law and regulatory requirements, GOOBY specifically disclaims any liability for errors, inaccuracies or omissions on this website and for any loss (whether direct or indirect) or damage resulting from its use, whether caused by negligence or otherwise. Users who choose to access this website do so on their own initiative and agree to assume responsibility for determining whether any legal or regulatory considerations limit their access to or use of information contained on this website. Users are responsible for compliance with all local laws and regulations.


L. Express Disclaimers
L.1 GOOBY does not make any warranty regarding the truthfulness or veracity of any Content on the Site or of any claims of quality or workmanship by any third-party. GOOBY expressly disclaims that the views expressed by Users on the Site are their own and GOOBY does not endorse the same merely because they are posted on the Site. Further, GOOBY shall in not be liable for any false, libellous or mala fide views expressed in the Content on the Site. In the case of such Content that is malicious, false, inflammatory, libellous or in violation of third-party intellectual property rights (as addressed above) or is in any other manner in violation of GOOBY’s policies, affected parties are advised to contact our Buyer service team at [email protected] with the details of such violation to enable us to take appropriate action.

L.2 We are further not responsible for:
i. any incorrect or inaccurate Content (including any information in User profiles) posted on the Site, whether caused by Users or by any of the equipment or programming associated with or utilized in the Site.
ii. the conduct, whether online or offline, of any User of the Services.
iii. any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other Users.
iv. any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Site or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials from the Site.
v. any loss or damage, including personal injury or death, resulting from use of the Site or from any Content posted on the Site or transmitted to Users, or any interactions between Users whether online or offline.

L.3 The Site and Service are provided on an “As-Is” basis. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (a) the Site and Service will meet Your requirements; (b) the Site will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the results that may be obtained from the use of the Site will be accurate or reliable.



M. Links to our Website from Other Websites
You shall not display hyperlinks on your websites to any website owned or operated by GOOBY, including the Site. If you desire to display on your website a hyperlink to the Site, you must enter into a written agreement with Us governing such display. To submit a request to display hyperlinks on your websites to the Site, please contact us. Any violation shall invite formal legal action.

N. No Discrimination
GOOBY does not discriminate and welcomes all Users.

O. Transmissions To and From this Website
Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from the Site may not be secure or confidential. GOOBY makes no representation whatsoever concerning the security or confidentiality of your electronic communications and specifically makes no representation that any electronic communications transmitted to these will be received by GOOBY. Any such communications, including any ideas, concepts, know-how, or techniques contained therein, may be used by Us for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. You hereby waive all rights to any claim against GOOBY for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with electronic communications you transmit to the Site.

P. Indemnification
You agree to indemnify, defend and hold GOOBY and its affiliates, and their respective owners, directors, officers, employees, shareholders, agents, suppliers, Buyers and users of the Content harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees) incurred by any GOOBY Party as a result of or in connection with (i) any breach by you of any of the provisions of these Terms of Use or other GOOBY policies; (ii) any violation by you of applicable law; (iii) any misuse or alleged misuse of the Site or the Content by you or anyone within your control; (iv) any third party claim against GOOBY as a result of your use of the Site. GOOBY reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with GOOBY’s defence of such claim. GOOBY may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs).

Q. Notices
All notices directed to GOOBY must be sent to the contact details on this site. We may give notice to you at the email you provide to us when making a purchase. (Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter.) In providing the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressees.

R. Severability
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

S. Amendments
GOOBY may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Site from the date of the publication of the revised terms and conditions on this Site. Please check this page regularly to ensure you are familiar with the current version.

T. Privacy
Your privacy and data is dealt with by us in a manner consistent with all applicable domestic laws in Qatar. Your information collected by us may be sold to third-parties as a part of a merger, amalgamation or such similar proceedings that GOOBY may be involved in the future. Please read our privacy policy [inset link] and if you still have objections to the use of your data in this manner then please do not use the Site.

U. Third-Party Intellectual Property
U.1 We take intellectual property protection very seriously and it is our policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner's legal agent. If you believe that your intellectual property rights are being used on the Site in a way that constitutes an intellectual property infringement, please provide us the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
(ii) an identification of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Site;
(iv) your address, contact number, and e-mail address;
(v) a written statement that you have a bona fide belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
(vi) a statement by you in a sworn affidavit – please note that executing a sworn affidavit with the knowledge that the information contained therein is false, is a criminal offence punishable by law - that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

U.2 Contact information for notice of claims of intellectual property infringement is as below:
[email protected]