DASH ON DUTY TERMS AND CONDITIONS
Dash is an online marketplace application which aims to help service providers and customers find each other, with the goal of assisting customers in sourcing a quick solution and service providers in sourcing relevant tasks.
We provide a platform where service providers who wish to provide services (Partners) and customers looking to engage a service provider to provide a service (Customers) can connect and transact (Platform). The Platform is available on our mobile application and may be available via other channels or addresses such as a web application and other third party apps such as Whatsapp, Facebook, Messenger etc.
In these Terms, you means (as applicable) (1) the person or entity registered with us as either a Customer or Partner; or (2) the individual accessing or using the Platform, including as a Customer or Partner or an authorised user of a Customer or Partner.
If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
You accept these Terms by checking the box on the Platform indicating your acceptance.
You must be 18 years old to use the Platform.
We may amend these Terms at any time, by providing written notice to you. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the “Termination” clause.
If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
We may use third party mapping services, such as Google Maps API(s). Your use of any third party mapping service must be in accordance with the terms and conditions of that mapping service. We may use third party communication services, such as Whatsapp API(s). Your use of any third party service must be in accordance with the terms and conditions of that service provider.
The Platform is a marketplace where Customers and Partners can find each other, and buy and sell goods and/or services online. We provide the Platform to users (including hosting and maintaining the Platform), assist Customers and Partners to form contracts for the supply of goods and/or services and process payments between Customers and Partners (together the Dash Services). You understand and agree that we only make available the Dash Services. We are not party to any agreement entered into between a Customer and a Partner and we have no control over the conduct of Partners, Customers or any other users of the Platform.
A Partner wanting to provide goods and/or services creates an account on the Platform or via a call or email and posts an accurate and complete description of the goods and/or services they can provide including a profile picture, details of their qualifications, licences and previous experience if available (Partner Profile). Partner’s assessment will be conducted internally using DASH procedures and get approvals. In certain circumstances, all the documents might not be required. We are not responsible if Partners and/or customers create false documents.
A Customer wanting to buy goods and/or services, may request goods and/or services by posting an accurate and complete description of the goods and/or services the Customer wishes to receive (including photographs) (Customer Listing) via platform created or a third party platforms such as WhatsApp, email and/or websites. The Platform will request for task description, contact details such as mobile, telephone, emails, address and/or zip codes. A confirmed Customer Listing will become a Customer Request.
A Customer may also make a Customer Listing/Customer Request on behalf of someone else. The Customer Listing/Customer Request will still be connected to the Customer’s Account but the third person will be listed as the contact that is at the premises named in the Customer Request. The Customer will remain responsible for ensuring they have the consent of that third person to share their contact details with us and the Partner and for the purpose of the management of the Customer Request, including any cancellation and payment of that Customer Request.
Partners within a designated distance (as updated from time to time) of the location in the Customer Request will be alerted and may choose to accept the Customer Request (Acceptance). By Accepting a Customer Request, the Partner confirms that they are legally entitled to and capable of supplying the goods and/or services described in the Customer Request and will proceed to contact the Customer Requested as soon as possible, with the aim to assist customer in a timely manner. Customer/Partner or any other user also irrevocably authorises us to use the content in any way we please, including in a way that you might consider to infringe your moral rights in the content.
We may contact you via the Platforms available using in-Account notifications, or via your chosen offline communication channel, such as WhatsApp message, text message, call, letter or email.
Customers and Partners can communicate privately using our private messaging partner such as WhatsApp or offline using the listed contact details once a Customer Request has been Accepted. Customers and Partners must not use our private messaging service or the contact details shared to (1) defame, harass, threaten, menace, offend or spam any person; or (2) to organise the provision of the goods and/or services off the Platform.
You must register on the Platform and create an account (Account) to access the Platform’s features.
You may only have 1 Account as a Partner and 1 Account as a Customer on the Platform.
You must provide basic information when registering for an Account including your name, email address, telephone number, a profile picture and you must choose a password.
You may choose to register for an Account using your Facebook, Google, WhatsApp or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your name, your current profile photo, your email and your telephone number.
Once you have registered an Account, your Account information will be used to create a profile which you may then curate.
You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.
Your Account is personal and you must not transfer it to others, except with our written permission. If a legal entity such as a company has created an account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.
You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
If you are a Partner, we will review your request for an Account before approving the request. We may request additional information, including photo identification (eg. driver’s licence or passport), your professional or trade licence details and relevant insurance details. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
We may make access to and use of certain parts of the Platform subject to conditions or requirements, including cancellation history, quality of the services, threshold of reviews.
Free to register: It is free to register an Account on the Platform, for Customers to create Customer Listings and Requests, or for other users to review content on the Platform.
Payment for the goods and/or services: As a Partner, you can purchase DASH Points via our website or link provided (via communication channels) in order to accept requests. Request points will be mentioned in your message and once you accept the request your points will be deducted for that request. We do not charge customers to list their request.
Our service fee: In consideration for providing the Platform, we will charge the service fees (including any third party payment processing fees) as set out on the Platform (Service Fee). To the extent permitted by law, our Service Fee is non-refundable, includes the payment processing fee and will be included in the Final Fee.
Payment methods: We provide a number of payment methods on the website, including our third party payment processor, currently Paytm. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, if applicable you accept the applicable terms and conditions.
Promotional discount codes: We may from time to time issue promotional discount codes for the Platform. To claim the discount, you must enter the promotional discount code at the time of submitting your Customer Listing through the Platform. The conditions of use relating to promotional discount codes will be specified on the Platform at the time they are issued.
Payments are final: In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card, credit card or other Paytm options, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card, credit card or other Paytm options to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.
Failure to pay: If any payment has not been made in accordance with this clause, we may (at our absolute discretion) (1) immediately cease providing the Dash Services, and recover, as a debt due and immediately payable from you, our additional costs of doing so; and/or (2) charge interest at a rate equal to the Reserve Bank of India’s cash rate, from time to time, plus 10% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with this clause.
Refunds and Cancellation Policy
Replacement, Repair or Refund: We only provide details of customers to the Partner and then it is upto Partner to communicate with the customer and provide relevant service. We do not take any responsibility for the service, parts, damages etc. Once Partner accepts the request, we deduct relevant points from his/her account and provide customer details. We do not provide any further service. We do not provide refunds on points purchased by Partners.
Cancellation: You agree the cancellation policy for any goods and/or services ordered or purchased on the Platform is in accordance with the cancellation policy. We do not provide any cancellation or refunds on any of the purchases. Services conducted by Partners are out of our scope and we do not take any responsibility.
Partners may rate and review their experience with the Customer on the Platform, and Customers may rate and review their experience with the Partner on the Platform, including the goods and/or services (each a Review). All Reviews must include a written statement as well as a rating.
We may allow you to (1) post, upload, publish, send or receive relevant content and information, including in Customer Listings. Customer Requests, Partner Profiles, within private messages and Reviews (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (Dash Content and together with User Content, Content).
Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Dash Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, cause any of the Content to be framed or embedded in another website, or create derivative works from the Content.
Subject to your compliance with these Terms, we grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform on your device(s) and access and view any Content, in accordance with these Terms. All other uses are prohibited without our prior written consent.
You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless from and against all Liabilities, howsoever arising, suffered or incurred by us and arising from or in connection with any claim that any Liability we incur as a result of the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Dash Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
You represent, warrant and agree that:
- there are no legal restrictions preventing you from entering into these Terms;
- all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
- you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
- you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform;
- where you are a Customer, any premises which you request a Partner attend in a Customer Request will be accessible to the Partner in accordance with these Terms and is a safe location free from hazards (including unsecured animals);
- where you are a Partner, you are responsible for complying with all laws, rules and regulations which apply to providing the goods and/or services in your Accepted Customer Requests;
- where you are a Partner, you are appropriately qualified, and have any required skills, knowledge or training, to provide the goods and/or services; and
- where you are a Partner, you are solely responsible for determining which Customer Requests to Accept, the type, timing, manner and means, methods or processes of providing your goods and/or services, the price you charge for goods. You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of the goods and/or services you offer. We do not set your work hours, your schedule or your location. We do not provide you with training, equipment or tools or any materials to provide your goods and/or services. You are responsible for any taxes payable on the Final Fees you receive for your goods and/or services.
Exclusions to liability
- Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
- your or your authorised user’s acts or omissions;
- any use or application of the Dash Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
- any aspect of the Customer and Partner interaction including the description of the goods and/or services requested or offered, any advice provided, the performance of services, or supply and delivery of goods;
- any works, services, goods, materials or items which do not form part of the Dash Services (as expressed in these Terms), or which have not been provided by us;
- any third parties or any goods and services provided by third parties, including Customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
- the Dash Services being unavailable, or any delay in us providing the Dash Services to you, for whatever reason; and/or
- any event outside of our reasonable control.
- This clause will survive the termination or expiry of these Terms.
Limitations on liability
- Despite anything to the contrary, to the maximum extent permitted by law:
- we will not be liable for Consequential Loss;
- our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you (or any of your authorised users); and
- our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Dash Services to you or, in our sole discretion, to us repaying you the amount of the Service Fees paid by you to us in respect of the supply of the Dash Services to which the Liability relates.
- This clause will survive the termination or expiry of these Terms.
- We may terminate these Terms at any time by giving 30 days’ written notice to you (Termination for Convenience).
- We may suspend your Account or terminate these Terms immediately upon written notice to you, if:
- you or any of your authorised users breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;
- you or any of your authorised users repeatedly receive reviews below 3 stars;
- as a Partner your applicable third party licence for the type of services you provide has expired and has not been updated;
- there is any reason outside our control which has the effect of compromising our ability to provide the Dash Services; or
- you are unable to pay your debts as they fall due.
- These Terms may be terminated immediately by you at any time, using the ‘cancel Account’ functionality on the Platform.
- Upon expiry or termination of these Terms:
- we will remove your access to the Platform;
- we will immediately cease providing the Dash Services to you;
- you agree that any payments made by you to us are not refundable to you;
- where you are a Customer we will cancel any existing Customer Listings and Customer Requests and you will lose any Final Fees and other amounts paid other than where termination is due to our Termination for Convenience. Where you are a Partner, we will cancel any existing Accepted Customer Requests and refund the relevant Customers if applicable;
- where we terminate the Terms for any reason other than a Termination for Convenience, you also agree to pay us our additional costs arising from, or in connection with, such termination.
- Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
- This clause will survive the termination or expiry of these Terms.
- As a Partner, we may request that you provide evidence of your insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the goods and/or services you choose to provide to Customers. If we do not ask you to provide evidence of insurance this does not indicate that we do not think you require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.
Notice regarding Apple
- To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
- Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
- If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
- Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
- Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
- You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.
- Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
- You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
- Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Customer and us, or a Partner and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Institute of Victoria to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
- Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
- Governing law: These Terms governed by the laws of respective states.Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in India and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
- Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
- Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship except to the extent set out in the Payment clause as limited payment collection agent) between the Parties.
- Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
- Consequential Loss includes any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
- Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
- Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
- Intellectual Property Breach means any breach by you of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).
- Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
For any questions or notices, please contact us at:
A/U - Dash On Duty
101 Maruti Sharnam,
Anand - V V nagar Rd
Anand - 388001, India
Last update: 06 July 2020