Welcome to Kubak!

The access and use of Application are subject to this Terms of Use. You have full discretion either to use the Application or other apps, whether to use Services available on Application, or to stop using the Application. We only facilitate You finding various Services You need by providing Application. All Services are provided directly by independent third parties who agreed to become Our partners (“Service Provider”). When ordering a Service, the Application will connect You with the available Service Provider around Your location. Thus, some Services cannot be used if You do not activate the location feature. Furthermore, if the Service Provider accepts Your order, We will inform Your order status through Application.

and Signing-in Kubak Account Before using the Application, You must agree to this Terms of Use and Privacy Policy, and register Yourself by providing information We need. When registering, We will ask You to provide Your full name and valid mobile phone number. You may change Your profile information on the settings feature in the Application. After registering, Our system will automatically generate a verification code and send the verification code via a text message to the mobile phone number You provided. You have to verify by entering the verification code on the registration page in the Application. After verifying, Our system will create a personal Kubak account (“Account”) for You to use the Application and order Services through the Application. Your mobile number is ascribed to Your account that You cannot create a new account with a registered mobile number and your mobile number cannot be changed. In the event that you have been logged-out from Your Account, then You need to enter your mobile phone number you provided when registering Yourself and enter the verification code, which then automatically sent by Our system to Your registered mobile phone number, on the log-in page. THE VERIFICATION CODE (ONE TIME PASSWORD/OTP) IS PRODUCED AUTOMATICALLY BY OUR SYSTEM. WE DO NOT KNOW AND NEVER ASK FOR YOUR VERIFICATION CODE. NEVER PROVIDE THE VERIFICATION CODE TO ANYONE EVEN TO US OR OTHER PARTIES WHO ACKNOWLEDGE THEMSELVES AS OUR REPRESENTATIVES.

Your Account can only be used by You and cannot be transferred to other people for any reason. We reserve the right to refuse to facilitate orders if We know or have sufficient reasons to suspect that You have transferred or allowed Your Account to be used by someone else. The security and confidentiality of Your Account, including registered name, registered mobile number, payment details and Payment Method you choose, as well as verification code generated and sent by Our or Payment Method Provider’s system are fully Your personal responsibility. All losses and risks arising from Your negligence in maintaining such security and confidentiality are borne by You. In such cases, We assume any use or order made through Your Account as Your legitimate request. Immediately notify Us upon knowing or suspecting that Your Account has been used without Your knowledge and consent. We will take actions We consider necessary and We may do toward that unconsented use. If You are a Service Provider, You shall not use Your personal Account or someone else’s account to order a service that You will receive Yourself as a Service Provider.

Collection, storing, processing, use and sharing of Your personal information, such as Your name and mobile phone number You provided when opening an Account are subject to the Privacy Policy, which is an integral part of this Terms of Use.

We or other parties cooperating with Us may provide Third-Party Content which You may find on the Application. In any event where the Third-Party Content is provided by other parties cooperating with Us (“Third-Party Content Provider”), We are not liable to any part of the Third-Party Content. Your access to or use of the Third-Party Content is Your conformity to the terms and conditions set forth by Us or the Third-Party Content Provider, including Our or Third-Party Content Provider’s Privacy Policy. Third-Party Content means any and/or all information and goods and/or services offering, made and/or compiled and/or developed and/or managed by Third-Party Content Provider including but not limited to text or writing, pictures, quotes or excerption, photos, illustrations, animations, videos, sound or music recordings, titles, descriptions and/or any other form of data provided by Third-Party Content Provider to be displayed on the Application, including any link redirected thereto.For the avoidance of doubt, the Content also includes every and/or all information, data, actual news, writings, images, quotes, photos, illustrations, animations, videos, sound recordings, obtained by Third-Party Content Provider from third parties, where the Third-Party Content Provider has the authority to use and distribute the content. We or other parties cooperating with Us may provide offers or promotions (“Offers”) that are exchangeable for goods, Services or other benefits related to the use of Application. In any event where Offers are provided by other parties cooperate with Us (“Offers Providers”), We are not liable to any part of the Offers. Your access to or use of the Offers is Your conformity to the terms and conditions set forth by Us or the Offers Providers, including Our or Offers Provider’s Privacy Policy. All information, Offers contained in Application are intended solely to provide You the best experience when using Application or Services. You shall not abuse Offers received during the use of Application or Services. You agree to utilize the Offers in accordance with the terms, conditions, and purpose of the Offers and will not abuse, duplicate, monetize, transfer, use for commercial purposes or take unfair advantage of the Offers in any form of manner whatsoever. You understand that Offers are not exchangeable for cash, have a limited validity period and are subject to the conditions that apply to each of the Offers.

Our Application is free to download. However, We may charge price and/or fees for using certain features on Application in the future. Services available on the Application are subject to rates that You can find on Application before You order the Service. We may adjust or renew rates from time to time based on certain factors, among other location, time, type of Services and applicable laws. We may also charge price and/or fees of a certain amount as a payment to use Application which may be collected by Us, our affiliates, or Service Provider.

We only provide official Application software on official digital markets, such as Google Play Store or Apple App Store, and for use on mobile phones or tablet devices only. Downloading the Application from platforms other than official digital markets and/or to devices other than mobile phones or tablets is a violation of these Terms of Use and of Our intellectual property rights.

Application and Services, including but not limited to names, logos, program codes, designs, trademarks, technologies, database, business processes and models, are protected by copyright, trademark, patent and other intellectual property rights available under the laws of the Iraq which registered either on behalf of Us or Our affiliates. We (and our licensors) have all the rights and interests of the Application and Services, including all intellectual property rights related to all features contained therein and related intellectual property rights. Subject to this Terms of Use, We grant You a limited, non-exclusive, revocable, non-transferable (without the right to sublicense) license to (i) download, access and use the Application, as is, only on the devices in the form of Your personal mobile phone and/or tablet and solely for the purposes of using the Service, and (ii) access or use content, information and related materials available on the Application solely for personal and not for commercial purposes. All rights and privileges that are not expressly granted herein are reserved by Us or Our licensors. Any duplication, distribution, creation of derivative works, sale or offer to sell, display either in part or in full, and use of the Application and/or Services, either digitally or otherwise or on devices other than mobile phones or tablets, including but not limited to the use of additional applications such as modifiers, emulators, etc., which diverge from this Terms of Use, as well as the intended purposes determined by Us, is a violation of Our intellectual property rights. You shall not: delete any copyright, trademark or other ownership notices contained in the Application or Services; copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, display in public either in part or in full, reverse engineer, transmit, move, broadcast, decompile, or disassemble any part of or in other ways to exploit the Application (including software, features and Services therein); license, sublicense, sell, resell, remove, transfer, distribute or commercially exploit or make available to other parties the Application and/or software by means of creating internet “link” to the Application or “frame” or “mirror” any software on other servers or wireless or internet-based devices; launch automated programs or scripts, including, but not limited to, web spiders, web crawlers, web robots, web ants, web, indexers, bots, viruses or worms, or any program that might create multiple server requests per second, create heavy burdens or impede the operation and/or performance of the Application; use site searching or retrieval applications, other manual or automatic devices for scraping, indexing, surveying, data mining, or in any way multiplying or avoiding the navigation structure or presentation of the Application or its contents; publish, distribute or reproduce in any way materials that are copyrighted, trademarked or other information We own without prior written consent from Us or the rights owners who license Us the rights; and use or unofficially access the Application to (a) damage, weaken or jeopardize any aspect of the Application, Services or related systems and networks, and/or (b) create look-alike competing products or services using ideas, features, functions or graphic similar to Application.

By accepting the Privacy Policy, you acknowledge that you have read and understood this Privacy Policy and you accept all of its terms. In particular, you agree and consent to us collecting, using, sharing, disclosing, storing, transferring, or otherwise processing your Personal Information in accordance with this Privacy Policy. In circumstances where you provide us with Personal Information relating to other individuals (such as Personal Information relating to your spouse, family members, friends, or other parties), you represent and warrant that you have obtained such individual’s consent for, and hereby consent on behalf of such individual to, the collection, use, disclosure and processing of his/her Personal Information by us. You may withdraw your consent to any or all collection, use or disclosure of your Personal Information at any time by giving us reasonable notice in writing using the contact details stated below. You may also withdraw your consent for us to send you certain communications and information via any “opt-out” or “unsubscribe” facility contained in our messages to you. Depending on the circumstances and the nature of the consent which you are withdrawing, you must understand and acknowledge that after such withdrawal of consent, you may no longer be able to use the Application or services. A withdrawal of consent by you may result in the termination of your account or of your contractual relationship with us, with all accrued rights and obligations remaining fully reserved. Upon receipt of your notice to withdraw consent for any collection, use or disclosure of your Personal Information, we will inform you of the likely consequences of such withdrawal so that you can decide if indeed you wish to withdraw consent.

You are fully responsible for the decisions that You made to use Application, Services, Third-Party Content, Offers or Payment Method. You shall treat the Service Provider, Third-Party Content Provider, Offers Provider, and Payment Method Provider respectfully and shall not engage in unauthorized, threatening or harassing behaviors when using Services, Third-Party Content, Offers or Payment Method. You are fully responsible for any loss and/or claim arising from the use of the Application, Services, Third-Party Content, Offers or Payment Method using Your Account, either by You or other parties who use Your account, in a manner that is contrary to this Terms and Use, Privacy Policy, including the terms and conditions and privacy policy set forth by the Service Provider, Third-Party Content Provider, Offers Provider and Payment Method Provider, or applicable laws and regulations, including but not limited to the purposes of anti-money laundering, anti-terrorism financing, criminal activities, fraud in any form (including but not limited to phishing and/or social engineering activities), violations of intellectual property rights, and/or other activities that are harmful to the public and/or any other parties or are considered damaging to Our reputation.

We may create, use, license or disclose Personal Information, provided, however, (i) that all identifiers have been removed such that the data, alone or in combination with other available data, cannot be attributed to or associated with or cannot identify any person, and (ii) that has been combined with similar data such that the original data forms a part of a larger data set.

We provide Application as is and We do not represent or warrant that the reliability, timeliness, quality, suitability, availability, accuracy, completeness or security of the Application will fulfil Your needs and suffice Your expectations, including but not limited to Services, Third-Party Content, Offers and Payment Method which are fully under the Service Provider, Third-Party Content Provider, Offers Provider and Payment Method Provider’s responsibilities. We shall not responsible for any loss or damage caused by any failure or mistake of the Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider or Your failure or mistake in complying to Our, Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider’s Terms of Use. Application may experience limitations, delays, and other issues contained in the use of internet and electronic communications, including Your, Service Provider, Third-Party Content Provider, Offers Provider or Payment Service Provider’s device is broken, not connected to the internet, out of range, turned off or not functioning. We are not responsible for any delay, failure of delivery, damage or loss arises from such problems. We do not have any responsibility to oversee Your access or use of the Application. However, We still supervise to ensure smooth uses of the Application and to ascertain compliances with this Terms of Use, applicable laws and regulations, court orders, and/or administrative institutions or other government bodies requirements. We do not have any responsibility, including to take further actions or legal actions deemed necessary by You, Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider, for any problem or dispute arises between You and the Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider. We will, however, facilitate any problems or disputes arise between You and the Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider with reasonably necessary actions. When We facilitate a resolution of problems or disputes between You and the Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider, We do not act as a mediator and such an action does not cause any further responsibility to Us.

If You experience a system failure, know or suspect that Your account has been hacked, used or misused by other parties, or if Your personal mobile phone or tablet is lost, stolen, hacked or exposed to a virus, immediately report to Us so We may conduct necessary actions promptly to avoid use, misuse, or loss arises or may arise further. If You experience troubles or problems related to Services, Third-Party Content, Offers or payment by Payment Method, or Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider’s behaviours, You may submit Your complaint through the feature that We provide, including rating and comment, or by contacting Us. To submit complaints, questions, objections, etc. (“Report”), You need to provide sufficient information, including but not limited to, facts summary, evidence You may have, order number and personal information, such as registered mobile number. In response to the report You submit, We will first verify the information You provide and Your personal information stored in Our system. If necessary, We may ask You directly to provide information needed for verification purposes. We may refuse to respond to Your Report if the information You provided does not match the personal information stored in Our system or if the Report submitted in relation to, toward, on behalf of or by other party that is different than the Account holder officially registered on our system. We may also stop acting upon Your Report if We, at Our sole discretion, consider that Your Report is not supported by sufficient and clear facts or has been resolved. We may also forward Your Report to the Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider to be resolved directly by You and the Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider. For a particular Report related to the Service, We may, at Our sole discretion, facilitate a forum between You and the Service Provider for the purpose of reaching an amicable settlement. In this case, if You still deem necessary to take further actions, including any legal action, You may do so on Your sole responsibility. Temporary Suspension and Permanent Suspension of Kubak Account You must not use the Application on any device or operating system that has been modified outside the mobile device and configurations. This includes devices that have been “rooted” or “jail-broken”. A rooted or jail-broken device means one that has been freed from the limitations imposed on it by your mobile service provider and the phone manufactured without their approval. The use of the Application on a rooted or jail-broken device may compromise security and lead to fraudulent transactions. Kubak is not liable for the download and use of the Application in a rooted or jail-broken device and such use of any rooted or jail-broken device is entirely at your own risk. You understand and agree that Kubak is not liable for any losses or any other consequences suffered or incurred by you as a result of using the Application on rooted or jail-broken device and we have the discretion to suspend Your use of the Application on rooted or jail-broken device and block such rooted device or jail-broken from using the Application. You may delete the Application from Your mobile phone and/or tablet at any time. We do not have any obligation to you for any matter arises from the time of removal of the Application, temporary suspension and permanent suspension of Your Account. However, You are still responsible for fulfilling Your obligations that have arisen, including but not limited to, any obligations that may arise as a result of disputes, claims, or other existing legal actions, before the date of the removal of the Application, temporary suspension or permanent suspension of Your Account. Your account may be temporarily suspended or permanently suspended because of, including but not limited to, the following: Your Report that Your Account is used or allegedly used or misused by someone else;
Your Report that Your personal cell phone or tablet is lost, stolen or hacked;
We know or have sufficient reasons to suspect that Your Account has been transferred or used by someone else;
We know or with sufficient reasons suspect that things have happened that in Our view have or may harm Us, You, the Service Provider or other parties;
We know or with sufficient reasons suspect that you have signed-up or logged in to multiple Accounts in one device for the purpose of violating this Terms of Use, Privacy Policy or applicable laws and regulation;
Our system detects unusual actions from Your Account or obligations under this Terms of Use and/or Privacy Policy that are not fulfilled by You;
You have passed away, been placed under guardianship or custody or experienced other incapacity that caused You to become legally incapable based on applicable laws and regulations;
Use of Application or Service by You or another party (who uses Your account) in a manner that is in contrary to this Terms of Use, Privacy Policy or applicable laws and regulations; and/or
Account suspension orders, whether temporary or permanent, issued by government or monetary institutions are related or based on court orders issued in accordance with applicable laws and regulations.