USERS AGREEMENT
DINGDONE TERMS AND CONDITIONS
BACKGROUND
DINGDONE (“Dingdone”) operates a website, mobile applications and associated administrative services (together the “Platform”) through which customers (“Users”) can book a Business for the provision of household services such as cleaning, gardening, handyman and other services (“Services”), by submitting a booking request. Dingdone then matches the most suitable Business from its database of Businesses to the booking request. A Business is an independent service provider in the business of providing the Services and is not employed by Dingdone or any of its affiliates.
These terms and conditions form a contract between Dingdone and the Users for the use of the Platform (“Terms”).
The User enters into two contractual relationships: The first contract being with Dingdone, governing the access to and use of the Platform in accordance with the Terms. The second contract is between the User and a Business for the provision of the Services and with Dingdone as a technology provider for the platform.
By accessing and/or using the Platform, you acknowledge that you have read, understood and agree to be bound by these Terms.
AND THE PARTIES HEREBY AGREE:
DEFINITIONS AND INTERPRETATION
In these Terms (including the recitals), unless the context otherwise requires:
“Booking” means the booking made by you for the provision of Services;
“Booking System” means Dingdone’s systems which enable you to make a Booking;
“Service Fee” means the fee, as advised by Dingdone from time to time, (inclusive of goods and service tax, if applicable) for the Services;
“Intellectual Property Rights” means all present and future rights anywhere in the world in relation to copyright, trademarks, designs, patents or other proprietary rights, or any rights to registration of such rights whether existing before or after your access to the Platform;
“Platform Content” means all material, content and information made available on the Platform including but not limited to written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression;
“you”, “your”< means you as the user of the Platform.
In these Terms, unless the context otherwise requires:
headings are for convenience only and do not affect its interpretation or construction;
the singular includes the plural and vice versa;
references to recitals, clauses, subclauses, paragraphs, annexures or schedules are references to recitals, clauses, subclauses, paragraphs, annexures and schedules of or to these Terms;
words importing a gender include other genders;
the word “person” means a natural person and any association, body or entity whether incorporated or not;where any word or phrase is defined, any other part of speech or other grammatical forms of that word or phrase has a cognate meaning;
a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
all monetary amounts are in Qatari Riyals currency;
a reference to time refers to Qatar Local Time;
“includes” is not a word of limitation; no rule of construction applies to the disadvantage of a party because these Terms are prepared by (or on behalf of) that party
a reference to any thing is a reference to the whole and each part of it;
a reference to a group of persons is a reference to all of them collectively and to each of them individually; and
a reference to a document includes all amendments or supplements to, or replacements or novations of, that document.
TERMS AND CONDITIONS
Access to and use of this Platform is governed by these Terms.
Dingdone periodically reviews the Terms and reserves the right to change the Terms, without any notice to you, by updating this document. You should review this document, as available on the Platform, regularly as any changes to the Terms take immediate effect from the date of the publication on this document. Your continued use of the Platform after any such changes are made will be deemed to constitute your acceptance of those changes.
You acknowledge that any hyperlinks or other redirection tools taking you to other operated by third parties that appear on the Platform (“Third Party Sites”) are not controlled by Dingdone and do not form part of the Platform. You agree that you will not hold Dingdone liable or in any way accountable for anything that occurs on any Third Party Site.
ACCEPTANCE
By accessing or using the Platform you expressly agree to be bound by these Terms, and you agree that these Terms shall apply to all Services that you book via the Platform.
Notwithstanding clause 3.1, you may not accept the Terms or access the Platform if:
You have the legal capacity (not less than eighteen years old) to form a binding contract with Dingdone; or
you are a person barred from entering into contracts under legislation, in which case, you must immediately leave the Platform.
By accepting the Terms, you agree that this is clear and unequivocal proof that the Terms are not unconscionable, that there is no unfair bargaining power or position, that there is no duress, and that you have carefully read and understood the Terms.
If you do not understand any part of the Terms you should seek independent legal advice.
In the event that you violate this article, you shall bear the consequences of such violation against the other parties.
USER PROFILE
You will be required to register your personal information, including your name, address, phone number and payment details on the Platform in order to make a Booking (“User Profile”).
You confirm that you are at least 18 years of age and possess the legal authority to use the Booking System in accordance with these Terms. You also agree that all information supplied by you in using the Platform and the Booking System will be true and accurate at all times.
Dingdone may delete or block User Profiles at its own discretion at any time, for any reason and without warning.
BOOKING SYSTEM
You may request a Booking via the Booking System. You will receive a Booking confirmation, a payment receipt and the Services Agreement that constitutes the contractual relationship between you, Dingdone as a technology provider and a Business as a service provider that you are deemed to have entered into for the provision of the Services.
Dingdone will then make your contact details, location, requested time and the scope of the Service available to its Business network. An available Business will then confirm its acceptance of the Booking.
You will not be able to request a preferred Business. Dingdone cannot guarantee a preferred Business since it will depend on the Business’s availability.
When a Booking is confirmed by a Business, Dingdone will notify you.
If the requested Business cannot fulfill your Booking, Dingdone will arrange an alternative Business for the requested Booking time.
If the requested Booking cannot be facilitated, Dingdone will arrange an alternative time for the Service with you and a Business.
You are not permitted to engage the Services of a Business other than through the Booking System on the Platform.
The Booking System is provided on the Platform to enable you to make legitimate Bookings and to make payments for those Bookings, and for no other purposes.
Any speculative, false or fraudulent Booking is prohibited. You agree that the Booking System will only be used to make legitimate Bookings for you or another person for whom you are legally authorised to act. You acknowledge that abuse of the Booking System may result in you being denied access to the Booking System.
Dingdone has the right at any time to add, change or withdraw functions available on the Platform at its own discretion.
PRICES AND ESTIMATES
You acknowledge and agree that the price quoted for your Booking could be an estimate only (“Estimate”), and the actual price charged may vary depending on the type and scope of work/services needed when on site.
After the Business has arrived at your home/premises, the Business will further assess the problem or work to be performed. If the Business determines that the work required is greater than what was initially contemplated, the Business will advise you and generate a new estimate reflecting the increase in scope of the Services. If you approve the revised estimate, the Business will complete the work. If you do not approve, the Business will take reasonable efforts to complete some or all of the work specified on the original Estimate, the pricing for which you had previously agreed to, or, if the Business is unable to do so, the Booking shall be deemed cancelled and consultation fees will be applied.
Dingdone reserves the right to review and update pricing at any time. Should any changes to pricing come into effect, Dingdone will advise the customer a minimum 48 hours prior to the next service.
PAYMENT
At the time of making a Booking, your payment details will be transferred to Dingdone’s secure payment gateway and Dingdone will take payment for the Booking. In relation to a recurring Booking, Dingdone will take payment for your first scheduled Service at the time of making the Booking, and subsequent services will be charged in accordance with subclause 2 below.
If you have made a recurring Booking, your payment for subsequent services will be pre-authorised up to 72 hours prior to commencement of each scheduled Service, and Dingdone will take payment on the day of each scheduled Service. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit may be passed onto you.
If Dingdone is unable to successfully obtain a pre-authorisation for any scheduled Service at any time within 24-hours of the scheduled commencement, Dingdone reserves the right to cancel your Booking immediately without written notice and no Service will be provided to you.
On receipt of the Service Fee, Dingdone will hold the Service Fee on behalf of the Business until such time as it accounts to the Business, pays a refund to you (if you are entitled to a refund) or credits payment of our fees and charges. No interest will be payable by Dingdone to you or the Business on amounts held by Dingdone.
Dingdone will issue you with a receipt for your payment of the Service Fee downloadable on the app. You may also download on the app the Tax Invoice for the Services rendered by the Business.
If the User is entitled to a refund in accordance with the Services Agreement, Dingdone will process the refund as soon as practicable after the right to the refund arises.
CHANGES AND CANCELLATIONS
You can cancel or amend a Booking free of charge, up to 4 hours before the Service is scheduled to begin.
If you cancel or amend a Booking within 4 hours before the Service is scheduled to begin, you will have to pay cancellation fees of (50 QAR).
You cannot cancel a Booking during the performance of the Services.
The Services Agreement shall expire once the Services under the Booking have been performed.
If the Business is unable to fulfil a confirmed Booking (in full or part), Dingdone will attempt to find you a replacement Business. If we cannot find you an alternative Business, we will reschedule your Booking to a new time which suits you. If we cannot find a suitable time for you, you may cancel the Booking at no charge.
SERVICES
Dingdone operates the Platform through which you may arrange and book the provision of the Services by a Businesses under the Service Agreement and Dingdone provides you with the platform to purchase these Services.
You acknowledge that Dingdone does not provide the Services to you in any circumstances and the Businesses are not employed or subcontracted by Dingdone or any of its affiliates.
Dingdone is not an agent or broker for you. You enter into any transaction, including any Services Agreement with a Business, entirely at your own risk.
Dingdone monitors the Services offered by a Business. However, Dingdone does not guarantee or make any representation as to the safety, quality, condition or description of any products used or Services provided by Business. Any issues regarding safety, quality, condition or description should be notified to Dingdone, who will then pass the issue onto the Business designated to your Booking. You should refer to the terms and conditions of your Services Agreement for further information.
All bookings are subject to Business availability.
TERMINATION
Dingdone may at its discretion terminate your use of, or access to, the Platform at any time. If this happens we may notify you by email. If your use of the Platform is terminated:
you are no longer authorised to access the Platform or use any other Dingdone services with the email address you used to register with the Platform or any other email address you possess;
you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and
all licences granted by you and all disclaimers by Dingdone and limitations of Dingdone’s liability set out in the Terms or elsewhere on the Platform will survive termination.
Dingdone reserves the right to deduct any outstanding fees and charges owing to Dingdone and/or the Business on your User Profile prior to disabling it.
DISPUTE RESOLUTION POLICY
Most customer concerns can be resolved quickly and to the customer’s satisfaction by using our chat support channels. You agree to make the circumstances of any dispute known by notice in writing before taking any other action.
If you are unhappy with quality of the service, please contact us within 24 hours of the service taking place through our chat support channels. You must include photo/s and/or videos/s.
In the unlikely event that Dingdone is unable to resolve a complaint you may have (or if Dingdone has not been able to resolve a dispute it has with you after attempting to do so), you agree to resolve any claim, cause of action or disputes you have with Dingdone arising out of or in relation to these terms and conditions exclusively in the courts exercising jurisdiction in the State of Qatar and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.
Dingdone welcomes any feedback, comments and complaints you may have in respect of the Services and the Businesses; however, you acknowledge the Business is the sole provider of the Services.
SECURITY OF PAYMENT
Dingdone has taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure payment gateway is used to process all transactions and credit card details. Dingdone does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.
PRIVACY
In this clause Personal Information means information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably ascertained, from the information or opinion.
Dingdone collects and stores Personal Information you enter into the User Profile. Personal Information collected by Dingdone will be maintained in accordance with our Privacy Policy.
You agree that Dingdone will disclose your Personal Information, including your name and address to the Business in order for the Business to carry out the Services.
INTELLECTUAL PROPERTY
The Platform Content is protected by copyright and Dingdone reserves all Intellectual Property Rights which may subsist in the Platform Content and/or the Platform.
By accepting the Terms, you are granted a non-exclusive licence to:
view the Dingdone website and mobile applications;
print pages from the Dingdone website or mobile application in its original form; and
download any material from the Dingdone website or mobile applications for caching purposes only.
You must not, without Dingdone’s prior written consent which may be withheld at its absolute discretion:
copy, republish, reproduce, duplicate or extract Platform Content;
redistribute, sell, rent or licence any Platform Content; or
edit, modify or vary the Platform Content.
ACCEPTABLE USE
You must not use, or cause this Platform to be used, in any way which:
breaches any of these Terms
infringes Dingdone’s or any third party’s Intellectual Property Rights;
is fraudulent, illegal or unlawful; or
causes impairment of the availability or accessibility of the Platform.
You must not use, or cause this Platform to be used, as a medium which stores, hosts, transmits sends or distributes any material which consists of:
spyware;
computer viruses;
worms;
keystroke loggers; or
any other malicious computer software.
INDEMNITY AND LIABILITY
General indemnity: You agree to indemnify Dingdone, on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which Dingdone may pay, suffer, incur or are liable for, in relation to any act you do or cause to be done, in breach of these Terms.
General limitation of liability: within the limits permitted by law; We are not liable for any indirect or consequential losses arising from the use of or reliance on the Platform Content. However, this does not exclude liability for fraud, gross negligence, or any other liability that cannot be lawfully excluded.
Services Liability: To the extent permitted by law, Dingdone’s shall not be liable for any indirect loss or damage arising from or related to the services. However, nothing in this clause excludes direct liability for gross negligence, fraud, or any liability that cannot be excluded by law..
Information Accuracy: You acknowledge and agree that some of the Platform Content may be provided by way of blogs or comments made by other users of the Platform, and that Dingdone does not accept any responsibility or make any representation for the accuracy of such information or your reliance on the same. The Platform Content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable).
Acceptance: By using this Platform, you agree and accept that the indemnity and limitations of liability provided in this clause 16 are reasonable.
WARRANTIES AND REPRESENTATIONS
The use of this Platform is at your own risk. The Platform Content and everything from the Platform is provided to you on an “as is” and “as available” basis without warranty or representation of any kind.
None of Dingdone’s affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about the Platform Content or Platform.
GENERAL PROVISIONS
If any provision of these Terms, or its application, is prohibited, void, illegal, or unenforceable in any jurisdiction, that provision shall be deemed severed only to the extent necessary to comply with the law of that jurisdiction, without affecting the validity, legality, or enforceability of the remaining provisions.
The invalidity, illegality, or unenforceability of any provision in a particular jurisdiction shall not affect its validity, legality, or enforceability in any other jurisdiction.
Any void, illegal, or unenforceable provision shall be severed from these Terms without affecting the enforceability of the remaining provisions.
All prices offered on the services or products may be amended from time to time.
The promotional or marketing offers that Dingdone’s may place are temporary, as Dingdone’s has the right to modify or stop these promotional or marketing offers at any time.
These Terms shall be governed by and construed in accordance with the laws of the State of Qatar. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Courts of the State of Qatar.
This users agreement shall not be canceled except by a decision issued by the Dingdone’s management.