PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR WEBSITE.
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.
“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.
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:
(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. The Company offers a platform for the following Service Providers:
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.
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.
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.
1730-00606 NAIROBI, E-mail: email@example.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.
12. Force Majeure
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.
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 firstname.lastname@example.org
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.
2. The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Nairobi.
These terms and conditions were last updated on the 23rd Day of October 2020