Terms
Dooit App Terms and Conditions
Version 1.0 – 08 August 2024
1 Scope
These terms and conditions ("Terms") apply to the access to, and use of an online platform for connecting various service providers (each a "Service Provider") and clients (each a "Customer") (together the "Users") looking for the services offered by the Service Providers and related services (together the "Dooit Services"), available on Apple Store and Google Play for devices that utilizes Apple iOS or Android operating systems (the "App"), offered by Dooit App Sàrl, A-One Business Center ZA La Pièce 1 -A5 1180 Rolle, Switzerland ("Dooit").
To access or use the Dooit Services, you have to agree to these Terms. The Users agree to these Terms by creating a user account (the "User Account"). If the Users do not agree to these Terms, the Users may not use or access the Dooit Services.
These Terms, together with all other referenced documents, form a legally binding agreement ("Agreement") between the Users and Dooit.
The Users represents and warrants that they are not a person or entity barred from using the Dooit Services under the laws of Switzerland, their place of residence, or any other applicable jurisdiction.
2 Dooit Services
2.1 Dooit App
The App serves as an intermediary between the Users. Dooit is the owner and operator of the App and the contractual partner to the Users with regard to the Dooit Services. The App enables:
• The Customer to post detailed work requests for services ("Work Requests") based on their specific services needs (the "Service Provider Services") including pictures (if needed), and details on the date(s), emergency, location, timeline, provision of tools, and a brief description on the scope of the Service Provider Services;
• The Service Provider to browse Work Requests and offer their services ("Work Offers"), including providing quotes, timelines, and other relevant details. The Service Provider may also send a direct message about the Work Request;
• The Customer to access and read the information, rates and reviews related to the Service Provider available on their account and to accept or refuse the Work Offers related to a specific Work Request;
• The Users to interact with each other via the internal chat feature (the "Chat");
• The Users to enter into a contractual agreement for the provision of the Service Provider Services upon acceptance of the respective Work Offer (each a “Service Agreement“);
• The Customer to delete the Work Request once the work is completed;
• The Users to rate and review each other's after the completion of the Work Request.
2.2 Registration and Access to the Dooit Services
The Users must register an account to access and use all or part of the Dooit Services.
The Users must provide accurate, current, and complete information during registration and keep their User Account information up-to-date. User Accounts registered by bots or automated methods are not authorized and will be terminated.
Upon registration, Service Providers shall provide the cancellation period during which the Services Agreement can be terminated ("Cancellation Term"). The Cancellation Term will be visible for the Customers in relation to a relevant Work Offer. Service Providers may amend their Cancellation Term within the limits made available on the App. In case of amendments, the amended Cancellation Term will be valid for future Work Offers only.
The Users are responsible for maintaining the confidentiality and security of their account credentials and may not disclose their credentials to any third party. The Users are responsible and liable for activities conducted through their User Account and must immediately notify Dooit if there is any suspicion that their credentials have been lost, stolen, or their User Account is otherwise compromised.
2.3 Restrictions
The App is intended to facilitate the connection between the Users for the provision of services as independent. Any other use that may be damaging to Dooit, or the Users is prohibited. In particular, but not limited to, the Users shall not use the App to hire employees or otherwise offer employment relationships. In case any use of the App has taken place in violation of these Terms or applicable law, Dooit reserves the right to suspend or terminate the access to the App.
The App includes the Chat feature to facilitate communication between the Users. All communications via the Chat must be professional and relevant to the relevant Work Request. The Users shall in particular, but not exclusively, use the Chat for the provision of any illegal activity or to the deficit of Dooit. Dooit may monitor communications via Chat to ensure compliance with these Terms and to prevent misuse of the feature.
3 Rights & Obligations of Dooit
Dooit will provide the Users with the Dooit Services as agreed in the Agreement.
Dooit:
• makes the Dooit Services available to the Users and uses reasonable care and skill in the performance of the Dooit Services and in keeping the Dooit Services free from viruses and other malicious software programs.
• is permitted and possibly required by law to suspend access to the Dooit Services or the User account based upon reasonable determination of the occurrence or potential for occurrence of illegal or wrongful activity, fraudulent use or attempted fraudulent activity. In case of a suspension, the Users remains liable for all charges and fees incurred during the suspension period.
Dooit constantly develops and improves its Dooit Services and may modify or either temporarily or permanently stop providing the offered Dooit Services or any part of it at its sole discretion. In case of material changes to the Dooit Services, i.e., changes significantly altering the nature and scope of the Dooit Services provided to the Customer according to the Agreement, Dooit will notify the Users that are directly affected by such changes, and where reasonably possible.
Dooit reserves a right to ask the Users to provide feedback through forms, questionnaires, and polls in order to improve the Dooit Services ("Feedback"). Dooit may use, or not use, any such Feedback, without any obligation, whether financial or otherwise, to the Users. The Users assigns all rights (including but not limited to intellectual property rights), title, and interest in the Feedback to Dooit and acknowledge they have no claim in relation to the Feedback.
4 Service Agreement
By accepting these Terms, Customers and Service Providers acknowledge that they understand and agree to the Services Agreement outlined in this section 4, including the basic level of services and the contractual obligations. The use of the App to enter into a Service Agreement constitutes acceptance of these Terms.
The Users understands and acknowledges that (i) the Service Provider Services are not provided by Dooit, ,(ii) that the Service Provider Services are provided by the respective Service Provider to the respective Customer in accordance with the Service Agreement, and (iii) that the Service Provider is independent and that nothing in the Services Agreement will be construed to constitute Service Provider as an employee of the Customer.
Service Providers agree to provide the Service Provider Services as detailed in the Customer’s Work Request. This includes all tasks specified in the request, performed in a professional, timely, and workmanlike manner, adhering to industry standards and best practices. The provision of the Service Provider Services must comply with all applicable laws, regulations, and safety standards.
Customers will post Work Requests through the App, detailing the scope of work, required materials, and any other relevant information. Service Providers may review these Work Requests and, if interested, submit a Work Offer for their services by providing a detailed quote, including cost, estimated time for completion, and any other terms specific to the Work Request. The Service Agreement is formed when the Customer accepts a Service Provider's Work Offer through the App, binding both parties to the agreed-upon terms.
Upon conclusion of the Services Agreement, the relevant Customer and Service Provider may use the Chat to discuss directly via the App and the address of the Customer will be shared to the Service Provider.
The Chat on the App can be used for all communications related to the Work Request. This includes discussing details, and coordinating schedules. Users must communicate promptly and professionally to ensure the smooth execution of the Service Provider Services.
Payment for Service Provider Services will be as specified in the accepted Work Offer. The terms of payment, including any deposits, and final payments, must be clearly outlined in the Work Offer accepted by the Customer or in any separate agreement between the relevant Customer and Service Provider. Invoicing and related documentation are the sole responsibility of the Service Provider and are not managed or otherwise provided by Dooit. Any disputes regarding payment must be resolved directly between the Customer and the Service Provider, although the Dooit may offer assistance in tracking and documenting payment agreements in the App.
Any modifications to the agreed-upon Service Provider Services after the acceptation of the Work Offer constituting of the Services Agreement must be documented in writing via the App’s internal chat feature and mutually agreed upon by both parties.
Upon completion of the provision of the Service Provider Services, the Service Provider shall mark the Service Provider Services as completed on the App and may rate the Customer. The Customer may then rate the Service Provider.
Either the Customer or the Service Provider may terminate the Services Agreement in accordance with the applicable Cancellation Term. Any termination outside of the respective Cancellation term must be agreed upon by the Customer and the Service Provider.
Service Providers warrant that all Service Provider Services provided will be free from defects and performed in a professional manner. Any issues arising from the provided Service Provider Services must be addressed by the Service Provider promptly and at no additional cost to the Customer. Service Providers are liable for any damages or losses resulting from their failure to perform the agreed-upon Service Provider Servicesto the specified standards.
In the event of a dispute, both the Customer and the Service Provider agree to communicate and attempt to resolve the issue in good faith using the App’s Chat or any other agreed upon communication method.
The Customer and the Service provider may at any point precise or otherwise amend the Services Agreement in a separate agreement agreed upon them.
5 Term & Termination
The Users and Dooit may terminate these Terms at any time with immediate effect.
Termination does not affect any rights, obligations, or liabilities of either party that have accrued before or are intended to stay effective beyond termination. The termination of these Terms does not impact any Services Agreement concluded prior to termination.
6 Intellectual Property
Each party retains all rights, titles, and interests to its own intellectual property, including all copyrights, inventions, trademarks, designs, domain names, know-how, trade secrets, data and other intangible property rights ("Intellectual Property Rights"). All Intellectual Property Rights in the Dooit Services or any part of it remain vested in Dooit.
Users agree to not decompile or reverse engineer the App or any part of it, or derive the source code, nor copy, modify, distribute, reproduce, translate, disassemble or use in any other way any information, text, graphics, images, software obtained from the use of the App, or any other part of the App.
7 Confidentiality & Privacy
Dooit treats the confidential information of the Users with adequate confidentiality standards and processes the Customer’s personal information only as needed.
Dooit collects and processes personal data as described in its Privacy Policy available at https://dooitapp.ch/privacy_policy/?language=en. Dooit protects the collected personal data by means of appropriate technical and organizational measures and in accordance with the data protection legislation applicable in Switzerland and the European Union.
The Users authorize Dooit to use, process, and store relevant data for the performance of the Agreement and to use anonymized data to improve its services or for analysis purposes.
8 Liability & Indemnity
Dooit is fully liable to the Users for damages resulting only from the Dooit's gross negligence or wilful misconduct.
In all other cases, Dooit's liability under the Agreement is excluded to the maximum extent permitted under applicable law.
Neither party may recover from the other party, regardless of the legal reason, any amount with respect to loss of profit, data, or goodwill, or any consequential, incidental, indirect, punitive, or special damages in connection with claims arising out of this Agreement or otherwise relating to the Dooit Services, whether or not the likelihood of such loss or damage was contemplated.
Dooit will not be held liable for inaccuracy or incompleteness of the Dooit Services, or the incompatibility of the Dooit Services with any specific objectives that the User is hoping to achieve.
9 Warranties & Representations
Users acknowledge that the App is provided "as is" and "as available", and Dooit makes no warranties or representations of any kind related to the App or the information and materials contained thereon.
Dooit does not guarantee that the App is error-free and will function without any interruption or disruption. Dooit may, at its own discretion, carry out maintenance or improvements to the App and its infrastructure, and Users acknowledge that this may result in temporary delays and interruptions from time to time. Where reasonably possible, Dooit will inform Users about potential interruptions in advance. Any further warranty is excluded.
10 Push Notifications & Newsletter
The Users may agree to receive push notifications, which may include important updates, offers, and relevant information from Dooit. Users can manage notification preferences in the App settings.
By signing up for the Dooit's newsletter, the Users agree that Dooit may contact them and inform them about updates on the Dooit Services and new products from time to time. The Users can at any time unsubscribe from the contact list by sending an email to info@dooitapp.ch.
11 Miscellaneous
Entire Agreement: The Agreement constitutes the entire agreement between Dooit and the Users, and supersedes all prior agreements, between the parties relating to the subject matter of the Agreement.
Changes to Terms: Dooit may, from time to time, change these Terms. Users should check the Terms regularly and only use the Dooit Services upon acceptance of the changes to the Terms. The User's continued use of the App following any amendments indicates acceptance of the changes to the Terms.
Notices: Notices must be given in writing, including e-mail, and need to be communicated:
• To Dooit's attention: via email to: info@dooitapp.ch;
• To User's attention: by publishing on the App, or where explicitly agreed between the parties via email to the last e-mail address provided for this purpose by the User. It is the User's responsibility to keep provided contact information current.
No Assignment: The User may not assign any of its rights, obligations, or claims under the Agreement without the previous consent of Dooit.
Severability: If any provision of the Agreement (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions will remain in full force and effect.
Governing Law & Jurisdiction: These Terms, and all claims or causes of action that may be based upon, arise out of or relate to these Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of law provisions. The ordinary court at the seat of Dooit has exclusive jurisdiction for all disputes arising from or in connection with the Terms.
Links: The Dooit Services may contain third-party content or links to third-party websites. Dooit does not assume any responsibility for and does not make any warranties or representations as to any third-party content or websites, including but not limited to the accuracy, subject matter, quality, or timeliness.
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