Terms & Conditions

TERMS & CONDITIONS

This electronic record represents a legal document that serves as our Terms of Use and it governs the legal terms of our application, sub-domains, and any associated web-based and mobile applications (collectively, "Website" or “Application”), as owned and operated by DINGAH LOGISTICS LIMITED, as well as the subsequently acquired reservation services (hereinafter referred to as "the Service"), accessed through our Application. Any physical or digital signatures are therefore not required.

By continuing usage of the Application, You hereby expressly consent to be bound by these Terms of Use and access of the Application  and you willingly accept any future amendments and additions to this Agreement, without any specific notice to you, as may be published from time to time at [www.dingahhomes.com], www.vacanzah.com or otherwise through the Application.

In the event you do not accept any of the Terms of Use contained herein, then please do not use this Application or offer any of the Services provided by this application.

PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR WEBSITE.

Pursuant to your compliance with these Terms of Use, Dingah Logistics Limited grants you a limited, revocable, non-exclusive, non-transferrable, nonsublicensable license to: (a) access and use the Application(s) on your personal device(s) solely in connection with your use of the Services; and (b) access and use any content, information and any related materials that may be availed or offered through the Services, in each case solely for your personal, non-commercial use.

Any rights not expressly granted herein are reserved by Dingah Logistics Limited and it’s APPLICATION’s licensors.  

General Terms and Conditions: 

The Services constitute an electronic platform that allows  users of Dingah Application’s mobile applications and/or website provided as part of the Services to organize and schedule, real estate services and hotel listing and reservations under Dingah Homes, business loyalty management system under Vacanzah and transportation services with independent third party service providers of such services, including independent third party transportation providers and independent third party logistics providers through Dingah Mobile App

The Services are made available solely for your personal, non-commercial use.

YOU ACKNOWLEDGE THAT DINGAH DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER  OR TAXI COMPANY AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY  CONTRACTORS AND SERVICE PROVIDERS WHO ARE NOT EMPLOYED BY DINGAH LOGISTICS LTD;

 

YOU ACKNOWLEDGE THAT DINGAH LOGISTICS LIMITED DOES NOT OWN ANY ACCOMODATION FACILITY OR PROVIDE SUCH SERVICE, BUT PROVIDE A SERVICE ON COMMISSION BASIS LINKING THE CLIENT TO THE HOTELS OR HOMES UNDER OUR HOLIDAY HOMES PLATFORM.

YOU ACKNOWLEDGE THAT DINGAH LOGISTICS LTD DOES NOT OPERATE THE BUSINESS THAT PROVIDE THE DISCOUNTS AND FREEBIES BUT ONLY COMMUNICATE TO CUSTOMERS WHAT HAS BEEN PROPOSED BY THESE BSUINESSES UNDER OUR VACANZAH PLATFORM.

YOU ACKNOWLEDGE THAT DINGAH LOGISTICS LIMITED HAS NOT EMPLOYED THE AGENTS WHO HAVE SUBSCRIBED TO BE AGENTS IN ITS SYSTEM, AND THEY ARE SORELY INDEPENDENT AGENTS AND ANY ACTIONS CARRIED OUT BY THEM, DINGAH LOGISTICS LTD WILL NOT BE LIABLE FOR THEIR ACTIONS.

AND/OR DINGAH LOGISTICS LIMITED WILL NOT BEAR ANY RESPONSIBILITY OR LIABILITY ARISING OUT OF ANY SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.

 

  1. Definitions

All of the defined and capitalized terms in these terms of use will have the meaning assigned to them here below:

“Account” refers to the account created by the Customer on the Application to become the member of the Dingah Logistics Ltd Systems.

“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court of Kenya.

“Application” shall mean the systems developed by Dingah Logistics Ltd, being www.dingahhomes.com, www.vacanzah.com, Dingah Mobile Application.

 “Authorized Service Provider” shall mean and include such third party individuals and Service Providers who hold valid accounts within the system to provide services.

"Customer/ You" means a person who has agreed to our terms and conditions and has an Account on the Application.

 “COMPANY/ We/ Our/ Us” means DINGAH LOGISTICS LIMITED, a company registered under the Companies Act of Kenya and having its corporate office at Watermark Business Park.

“DINGAH SYSTEMS” means www.dingahhomes.com, www.vacanzah.com, Dingah Mobile Application.

“Original ID” shall mean Your current National Identification Card Number or Passport Number, an active and valid email id, your telephone number including mobile  number and your postal address the same being registered with Us by You for using and accessing any of the systems.

 “Registration Data” shall mean and may include the present, valid, true and accurate name, Original ID, Email ID, telephone number age and such other information as may be required by DINGAH SYSTEMS from time to time, provided by the Customer at the time of registration on the Application.

 “Ride” shall mean the travel in the Vehicle by the Customer from the Pick Up point to the Drop point, facilitated through the Application.

“Service(s)”  means  real estate services, reservations and marketing.

“Service Provider(s)” shall mean a Service Provider or third party being an Authorized business offering services or products through the Dingah Systems.

“DINGAH LOGISTICS LTD” means the legal entity who own the proprietary information in the application.

"You", “Your or “Yourself” shall mean reference to the Customer accessing the Application and your postal address the same being registered with Us by You for using and accessing the Dingah Systems.

  1. Legal Compliance

 

  1. You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Application.
  2. The Company reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate, including but not limited to canceling your Account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
  1. Eligibility
  1. You will be "Eligible" to use the Services only when You meet all of the following conditions:
  1. If You are not Eligible, please immediately abandon any and all attempts to register with Us or use Our Services.
  2. You acknowledge that We rely completely on the information provided by You and We shall not be held liable if You or anyone who uses Your Account to access the Services on the Application is not Eligible to use the same.
  3.  You promise that all information and details provided by You to Us are true, accurate and up-to-date in all respects and at all times.
  4. You will not use the Application for any unlawful purpose; in any way that interrupts, damages, impairs or renders Dingah Logistics Limited less efficient; to transfer files that contain viruses, trojans or other harmful programs; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise, promote, or conduct research for third party or your own products or services.
  5. You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation.
  6. You will treat Service Provider(s) introduced to you through Dingah Systems with respect and not to cause damage to their business.

 

  1. Intellectual Property

 

  1. The Company alone (and its licensors, where applicable) shall reserve all right, title and interest, including all related intellectual property rights, in and to the Application and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Software or the Service. 
  2. The Application may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of the Application does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner.
  3. The Application is also protected under international copyright laws. The copying, redistribution, use or publication by You of any portion of the Application is strictly prohibited.
  4. Your use of the Dingah Systems does not grant you ownership rights of any kind in the Application.

 

  1. Third Party Relations

 

  1. The Application may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. The Company has no control over the legal documents and privacy practices of third party websites; as such, Your access of any such third party websites is at your own risk.
  2. During use of the Application and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of aforementioned third party service providers, advertisers or sponsors showing their goods and/or services through the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between You and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party.
  3. The Company provides the Application and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
  4. The Company may rely on third party advertising and marketing supplied through the Account or Service and other mechanisms. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. The Company may compile and release information regarding you and your use of the Application or Service on an anonymous basis as part of a customer profile or similar report or analysis You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.

 

  1. Indemnification

By entering into this Agreement and using the Application or Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs) arising out of or in connection with:

  1.  your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein;
  2. your violation of any rights of any third party, including providers of transportation services arranged via the Service or Application, or;
  3. your use or misuse of the Software or Service.

 

  1. Disclaimers

 

  1. The company makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service or Application.

 

  1. The company does not represent or warrant that:

                        (a) the use of the Service or Application will be secure, timely, uninterrupted or error-free                             or operate in combination with any other hardware, software, system or data;

(b) the Service or Application will meet your requirements or expectations;

(c) any stored data will be accurate or reliable;

(d) the quality of any products, services, information, or other material purchased or          obtained by you through the Service will meet your requirements or expectations;

(e) errors or defects in the Service or Application will be corrected, or ;

(f) the Service or the server(s) that make the service available are free of viruses or other        harmful components.

3. The Service and Application is provided to you strictly on an "as is" basis. All conditions,            representations and warranties, whether express, implied, statutory or otherwise, including,without limitation, any implied warranty of merchantability, fitness for a particular  purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent          permitted by applicable law by the Company.

4. The Company makes no representation, warranty, or guaranty as to the reliability, safety,         timeliness, quality, suitability or availability of any services, products or goods obtained by third      parties through the use of the Service or Application.

5. You acknowledge and agree that the entire risk arising out of your use of the software and       service, and any third party services or products        remains solely with you, to the maximum extent permitted by law.

6. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE  CANCELLATION OF YOUR ACCOUNT WITH THE APLLICATION. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, INCLUDING LOST PROFITS, ONWARD JOURNEY, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.  

PLEASE NOTE THAT WE ARE NOT RESPONSIBLE FOR THE BEHAVIOUR, ACTIONS OR INACTIONS OF SERVICE PROVIDERS, WHICH YOU MAY USE (THROUGH the DINGAH SYSTEMS OR OTHERWISE). ANY CONTRACT FOR THE PROVISION OF SERVICES IS BETWEEN YOU AND THE SERVICE PROVIDER AND NOT US AND WE SIMPLY PROVIDE A PLATFORM TO FACILITATE SERVICE PROVIDER AND CUSTOMER CONNECTIONS/TRANSACTIONS.

  1. Service Provider(s)

1. The Company offers a platform for the following Service Providers:

 

  1. Car Owners with proof of ownership proof.
  2. Licenced Drivers
  3. Hotels and Furnished Homes for short Let
  4. Real Estate providers for prperties for Lease or Sale
  5. All other forms of businesses selling their products and services
  6. Loyalty Management System

2. The Service Providers shall avail their Services by uploading all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, describing the services they offer.

3. The Service Providers will be required to upload scanned copies of proof of ownership documents, Identity Card or Passport, relevant licenses, Valid Certificate of Conducts to enable the Company to verify their compliance with the applicable laws regarding the conduct of the Services offered.

4. The service Provider will at all times register within the Vacanzah System, and record all member transactions within the application, remit the 10% commission or otherwise agreed in writing to the Company within 14 days after invoicing.

5. The service provider shall honor all discounts and freebies offered within the Vacanzah System to users and for the entire one year period even incase of termination they have to honor their obligation to users.

  1. Payment 
  1. The Company accepts payments in the following Dollar currency unless otherwise permitted.
  2. The accepted modes of payment are:
  1. M-Pesa
  2. Bank transfer
  3. Through the Dingah Systems payment options within the applications.

3. All payments shall be received from the Customer by the Company on behalf of the ServiceProvider(s) and once received the company shall transmit the payment to the Service Provider(s) within fourteen days (14 days) of receipt of the payments less 10% commssion or otherwise agreed commission rate of the amount payable to the Service provider.

4.  All commissions due through the use of Vacanzah will be billed monthly and paid within fourteen days after invoicing by the service provider.

  1. Privacy and Security

1. We will take every reasonable steps not to share any of trip details, Registration Data provided to US by You, except as required under any Applicable Law, or to the limited extent necessary  for Us to implement any booking instructions We receive from You. Please read Our privacy        policy for further details regarding the use of Your Registration Data. We will bear no liability for   the consequences in any event where Your Registration Data has been willingly or inadvertently          shared by You with any third party.

2. You  acknowledge  that  the  information  made  available  by  You  on  the Application,          including location data, may be accessible to certain other users of the Application.

3. You hereby expressly accept to receive communications from Us through Your registered        phone number and/or Original ID. You consent to be contacted by Us via phone calls and/ or     SMS notifications. You agree that any communication so received by You from  Us will not     amount to spam or unsolicited communication.

4. You are solely responsible for maintaining the confidentiality of Your Registration Data and    will be liable for all activities and transactions that occur through Your Account and the          Application, whether initiated by You or any third party. DO NOT share your password and other        details of the Account with any third party. Your Account is non-transferable and is not capable   of being sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.

5. It is possible that other users (including unauthorized users or “hackers”) may post or transmit  offensive or obscene materials on the Application and that You may be involuntarily exposed to         such offensive and obscene materials. It is also possible for others to obtain personal information      about You on the public forum due to Your use of the Application, and that the recipient may use           such information to harass or injure You. We do not approve of such unauthorized uses, but by  using the Application You acknowledge and agree that We shall not be responsible for the use of         any personal information that You publicly disclose or share with others on the Application.

PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU PUBLICLY DISCLOSE OR SHARE WITH OTHERS ON THE APPLICATION, OR FROM THE APPLICATION ON OTHER SOCIAL PLATFORMS.

  1. Notices and Communication 

1. Any notice or notification in relation to these Terms of Use which You wish to make to Us      must be made in writing to: Attn: CUSTOMER CARE, DINGAH LOGISTICS LTS Address:

1730-00606 NAIROBI, E-mail: info@dingahhomes.com.

2. All Your communication with Us will be of a professional nature only. You will not contact Us to harass, intimidate or threaten any person, or to promote any cause, which You may support.

3. You will be subject to Our Terms of Use and privacy policy

12. Force Majeure 

1. We shall not be liable for any failure to perform any obligations under these Terms of Use, if   the performance is prevented, hindered or delayed by a Force Majeure event and in such case its        obligations shall be suspended for so long as the Force Majeure Event continues.

2. For the Purpose of this clause “Force Majeure Event” shall mean any event arising due to any  cause beyond the reasonable control of the Company. 

  1. Waiver 

Any delay, omission or failure on the part of the Company in enforcing these Terms of Use does not constitute a waiver of any rights or provisions contained herein. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to Services or Terms of Use should be filed with the Company within Three (3) months from when the cause of action arose. Any claims filed beyond this is/are time-barred. 

  1. Revision of Terms of Use

1. The Company reserves the right to change any of the the Terms of Use or any policies or guidelines governing the Application or Services, at any time and at the Company’s sole discretion. Any changes will be effective upon posting of the revisions on the Application and We may send You an automated e-mail to Your Original ID informing about the changes made.

2. Unless otherwise specified by Us, revisions will take effect automatically and be binding from the day they are posted on the Application. By continuing to access or use Services, You will be deemed to have agreed to accept and be bound by such revised Terms of Use. If You do not agree to the revised Terms of Use, You should discontinue accessing Our Application or using Our Services immediately.

3. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Application following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Application. 

  1. Grievance Resolution Policy

 If You are not satisfied with the quality of Service(s) offered or have any other complaints or grievance, please contact Our customer care at info@dingahhomes.com

  1. Severability

In the event any part of these Terms of Use  is determined to be invalid or unenforceable pursuant to the Applicable Laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. 

  1. Pre-Payment, Cancellation, No-show and Fine Print

By making a Trip Reservation with a Service Provider, you accept and agree to the relevant cancellation and no-show policy of that Service Provider, and to any additional (delivery) terms and conditions of the Service  Provider that may apply to your Trip (including the fine print of the Service Provider made available on our Platform and the relevant house rules of the Service Provider), including for services rendered and/or products offered by the Service Provider. The relevant (delivery/purchase/use/carrier) terms and conditions of a Service Provider can be obtained with the relevant Service Provider. The general cancellation and no-show policy of each Service Provider is made available on our Platform on the Service Provider information pages, during the reservation procedure and in the confirmation email or ticket (if applicable). Please note that certain rates, fees or special offers are not eligible for cancellation, refund or change. Applicable city/tourist tax may still be charged by the Trip Provider in the event of a no-show or charged cancellation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. Please note that a Trip Reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Service Provider and the reservation. Cancellation and prepayment policies may vary per segment, product, or service of each Trip. Please carefully read the fine print (below the Trip types or at the bottom of each Service Provider page on our Platform) and important information in your reservation confirmation for additional policies as may be applied by the Service Provider (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Service Provider agrees or allows otherwise under its (pre)payment and cancellation policy.

If you wish to review, adjust or cancel your Trip Reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the Service Provider's cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.

If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Company or Service Provider or  so they know when to expect you to avoid cancellation of your Trip (Reservation) or charge of the no-show fee. Our customer service department can help you if needed with informing the Service Provider. The Company does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Service Provider.

  1. Governing Law and Dispute Resolution 

1. Any dispute, controversy or claim arising out of or relating to these Terms of Use or the validity, interpretation, breach or termination thereof  (“Dispute”), including claims seeking redress or asserting rights under the Applicable Law shall be amicably settled through mutual consultation and escalation at such offices of the Company as the Company may designate. If the Dispute is not settled amicably as aforesaid  within a period of 14 (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Arbitration Act of Kenya. Arbitration shall be presided over by a sole arbitrator mutually appointed by Us and the Customer and/or Service Provider.

2. The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Nairobi.

 3. These Terms of Use shall be governed by and construed in accordance with the laws of Kenya and You agree and undertake that any controversy or claim arising out of or relating to these Terms of Use will be adjudicated exclusively before a competent court in Nairobi Kenya only.

These terms and conditions were last updated on the 23rd Day of October 2020