Effective Date: 01/01/20
SPA COMPLEX (“akrem app” “Company”, “we”, or “us”)
As a user, the customer agrees to these contractual terms before using the service; if the customer rejects the terms, use is not possible.
By using the service, the customer also agrees to the regulations regarding the processing of personal data.
These terms and conditions are agreed upon in two ways:
– By the Service Provider by creating their profile.
– By the customer by using the service.
By using the service, the customer also agrees to the terms and conditions for the payment systems.
(1) Service – is a “tip” service via a mobile application where customers can send cashless tips to registered service providers.
(2) User – the service has three types of users.
– “Customer” – a user of the service who can send voluntary tips to the service workers and leave reviews on the work of the service providers and the company;
– “Service provider” – a registered user of the Service who can receive tips from Customers to his/her personal account.
(3) Payment system – a partner of the Service that provides the possibility to make a cashless transfer of tips from Customers to Service Workers.
(4) Personal data – all information about Users obtained during the use of the Service.
(5) Cross-border transfer of personal data – transfer of personal data of the User to databases located in the territory of a foreign state.
(6) Confidential Information – information submitted by the User to the Operator pursuant to this Agreement, including but not limited to: Commercial, contractual and financial information, as well as any documents and / or other information prepared in writing or in any other form. Information subject to protection and non-disclosure under this Agreement does not include information that the User publicly posts on the Service’s resources and on other websites and services, as well as other information that may not be confidential information under this Agreement or the laws of the State of Qatar
(1) The Operator acts as an intermediary in carrying out money transfers from Customers to Service Providers via the payment system. The Operator acts on its own behalf and at the expense of the payers or recipients of the money transfers.
(2) The Service offers the Customer the opportunity to,
a. to transfer voluntary tips to the service staff without cash;
b. To leave evaluations on the work of the Service Providers or the Company.
(3) Voluntary tips can be made in the following ways, which can be adjusted by the Operator at any time:
a. Payment by credit card of the customer via mobile payment systems (Apple Pay, Google Pay and / or Samsung Pay);
b. Payment via other payment systems offered by payment service providers.
(4) The customer is solely responsible for the correct selection of the amount. Input errors are the sole responsibility of the customer. Reclaiming the granted money from the operator or the service person is excluded.
(5) In order to receive money from the customer, the service provider must create an account with “akrem”.
(6) The creation of a service provider account is done in three steps:
a. The Company’s representative or the Service Provider sign all registration documents.
b. akrem approves the registration forms and make sure all legal documents are correct.
c. akrem uses this data to create an account for the service provider.
(7) The Operator is not responsible for the motive or objective of the transfer of the Tips from the Customer to the Service Worker.
(8) The service staff is responsible for the payment of taxes and fees.
(9) The Operator reserves the right to set and / or change at any time the individual limit of each Customer for the transfer amount per day / month / for another period of time, as well as to review the purpose and objective of the transfer for the protection of the rights and interests of the Customer and third parties.
(10) The Operator shall add a transaction fee to the customer tip in order to cover payment gateway charges and the app charges. The tipped amount shall be transferred in full to the Service Provider. The amount of the operator’s transaction fee is based on the tip amount.
(11) The following activities are prohibited under these Terms of Use:
Receipt of money originating as remuneration for a service relationship with the Customer;
Violations of applicable legal regulations, in particular money laundering laws but also those protecting the rights of third parties, in particular third-party copyrights, personal rights, patent and trademark rights and other rights; Violations of applicable criminal laws;
hacking attempts, i.e. attempts to overcome, circumvent or otherwise disable the security mechanisms, the use and/or distribution of viruses, worms, Trojans, brute force/DDoS attacks;
Copying, modifying or duplicating the content of other Service personnel or creating fake accounts using third party data;
Using scripts, bots or other software that may affect or interfere with the system integrity and system functions of the Platform;
Modification, deletion or blocking of content generated by akrem.
(12) akrem reserves the right to prohibit, cancel, remove or reassign certain usernames under appropriate circumstances as determined in akrem’s sole discretion.
(13) akrem may suspend, terminate and delete the akrem Account with or without notice in akrem’s sole discretion, particularly if activities with and/or on the akrem Account raise suspicion that there may be a violation of these Terms of Use or a violation or infringement of the rights of third parties or applicable laws or regulations.
(14) The Service User may terminate his/her akrem account at any time in the platform. Any money not yet paid out will be paid out analogously to the registration process with the external payment service provider. Details are regulated by the conditions of the payment service provider. However, it is always a prerequisite for a payout that the Service User has fully completed the registration and legitimation process with the payment service provider.
(15) The Service User’s claims against the Operator for payment of any claim shall expire within one year after receipt of payment by the Customer.
(16) akrem offers a functionality to share tips between service staff according to a pre-determined scheme. If a company’s service staff decides to use this service, they must inform akrem in advance and send the information on the scheme of how the tips are to be divided. The scheme must be fair to all service employees and legally permissible.
(17) Where appropriate, akrem will offer assistance to customers who have problems with tips. Customers who have problems, questions or suggestions regarding the akrem Platform or a payment should contact akrem’s customer support team via the contact information provided on the akrem Platform.
(18) If a company decides that akrem’s tips will not be paid directly to the service person but will be distributed by the company among its employees according to a certain key, the payment of all tips will be made to an account designated by the company. The company itself is responsible for the distribution and possible taxation of the tips.
(1) The operator is not responsible for services provided by third parties, including their partners.
(2) The operator is not responsible for delays in money transfers if they are based on incorrect data of the recipient or if the recipient is responsible for them.
(3) The current User Agreement shall apply to the Customer, which the Operator may change at any time. The customer can view the respective current user agreement when using the service.
(4) Service personnel can access the respective current version of the user agreement via their account.
(5) This agreement is subject to the laws of the State of Qatar.
(6) Should individual provisions of this agreement be invalid or unenforceable or become invalid or unenforceable after conclusion of the agreement, the validity of the remainder of the agreement shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective.