Terms and Conditions of Service
These Terms govern
in a legally binding way. Capitalised words are defined in the relevant dedicated section of this document.
The User must read this document carefully. Usa of the Application and any transaction thereof is not permitted if these conditions are not accepted. Any transaction or use of the platform constitutes acceptance of these terms and conditions.
Although the entire contractual relationship relating to these Products is entered into solely by Dash and Users, Users acknowledge and agree that, where this Application has been provided to them via the Apple App Store or Google Play Store, Apple or Google may enforce these Terms as a third-party beneficiary.
This Application is provided by:
Dash Logistics Services FZE
Business Center,Sharjah Publishing City Free Zone, Sharjah,
United Arab Emirates
Contact email: help@dash-app.co
Information about this Application
Dash provides clients with the option to request for a door to door delivery service (pickup and drop off) vai several shipping modes. The user will also have the option to order a “Buy and Pickup service” where the courier can pay for the goods on behalf of the client. Additional services such as assembly, packing, etc. may be offered.
“This Application” refers to
What the User should know at a glance
How this Application works
Without prejudice to its role as a mere technical intermediary as described above, Dash may provide additional services to either party of such interaction, such as providing packaging, shipping or facilitating dispute resolution.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using this Application, Users confirm to meet the following requirements:
Account registration
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform Dash via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Conditions for account registration
Registration of User accounts on this Application is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
Account termination
Users can terminate their account and stop using the Service at any time by doing the following:
Account suspension and deletion
Dash reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on this Application
Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by Dash or its licensors.
Dash undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on this Application – All rights reserved
Dash holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by Dash are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Content provided by Users
Dash may allow Users to upload, share or provide their own content to this Application.
By providing content to this Application, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Rights regarding content provided by Users
Users acknowledge and accept that by providing their own content on this Application they grant Dash a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Application as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Application.
Users acknowledge, accept and confirm that all content they provide through this Application is provided subject to the same general conditions set forth for content on this Application.
Acceptable use
This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, Dash reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:
“Tell-a-friend”
This Application gives Users the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on this Application.
In order to take advantage of this offer, Users may invite others to purchase the Products on this Application by sending them a tell-a-friend code provided by Dash. Such codes can only be redeemed once.
If upon purchase of the Products on this Application any of the persons invited redeems a tell-a-friend code, the inviting User shall receive the advantage or benefit (such as: a price reduction, an additional service feature, an upgrade etc.) specified on this Application.
Tell-a-friend codes may be limited to specific Products among those offered on this Application.
Dash reserves the right to end the offer at any time at its own discretion.
While no general limitation applies to the number of persons that can be invited, the amount of advantage or benefit that each inviting User can receive, may be limited.
Software license
Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to this Application are held by Dash and/or its licensors.
Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, Dash merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of this Application and the Service offered.
This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is Dash’s or its licensors’ sole property.
All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.
TERMS AND CONDITIONS OF SALE
General Conditions and use of service
All and any business undertaken, including any advice, information or service provided whether gratuitously or not by Dash is transacted subject to the Conditions hereinafter set out. All other terms and conditions, including any trading conditions of the customer or the use of the customer’s own forms, are hereby excluded.
Dash may act either as an agent or a principal contractor. Dash acts as a principal contractor where
Dash may outsource to other operators to complete the execution of a regular service, or part of the service, on which the goods are to be carried.
No rate shall be binding until such rate has been accepted by the customer in writing. Prior to such acceptance, Dash shall be at liberty to revise or withdraw rates. After such acceptance, Dash can only revise its rates or charges in the event that the rate was affected by a system error or in the event of changes occurring in relation to currency exchange rates, third party rates, insurance premiums, any third party charges applicable to the goods or any change in the parameters.
No responsibility whatsoever is accepted by Dash in respect of instructions or descriptions issued verbally until such time as they are confirmed in writing.
The customer warrants that all goods have been properly and sufficiently packed and/or prepared for transit. Dash accepts no liability for loss of or damage to goods caused in transit or in preparation for transit.
No insurance will be effected except upon express instructions given in writing by the customer. The customer expressly instructs Dash to procure insurance, the customer acknowledges that:
Dash will not accept or deal with
Where the customer does not pickup goods or complete payment, Dash reserves the right to abandon, sell, destroy or otherwise dispose of such goods without notice.
Dash shall not be obliged to arrange for the goods to be carried, stored or handled separately from the goods of other customers.
Dash shall be entitled, at the expense of the customer, to sell or dispose of:
Without prejudice to the provisions of Section II, where applicable, Dash shall not be liable to the customer or Owner for loss of or damage to the goods. In no case whatsoever shall any liability of Dash, however arising and notwithstanding that the cause of loss or damage be unexplained, exceed
In no circumstances whatsoever shall Dash be liable to the customer or Owner for any loss which is or which amounts to:
In the case of loss or damage to the goods which is immediately apparent, notification must be given in writing at the time of delivery;
Dash shall be entitled to delegate the performance of any of its obligations as agents to any of its parent, subsidiary or associated companies, or to any other person, firm or company. The contract between the customer and Dash is made by Dash on its own behalf, and also as agent for and on behalf of such parent, subsidiary, agent, affiliate, or associated company, and such company shall be entitled to the benefit of these Conditions.
Paid Products
Some of the Products provided on this Application, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Application.
To purchase Products, the User must register or log into this Application.
Product description
Prices, descriptions or availability of Products are outlined in the respective sections of this Application and are subject to change without notice.
While Products on this Application are presented with the greatest accuracy technically possible, representation on this Application through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
Order submission
When the User submits an order, the following applies:
The rejection of an order shall not entitle the User to bring any claim against Dash, including compensation for damages.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Service Execution
Dash may outsource services to other third pirates for execution
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on this Application are displayed:
Dash may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of this Application.
Offers and discounts are always granted at Dash’s sole discretion.
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of Dash, as indicated in Dash’s location details in this document, unless otherwise specified.
Coupons
Offers or discounts can be based on Coupons.
If breach of the conditions applicable to Coupons occurs, Dash can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.
Unless otherwise stated, these rules apply to the use of Coupons:
Methods of payment
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Application.
Payment methods marked accordingly are managed directly by Dash. In this case, Dash collects and stores the data necessary for the processing of payments and for fulfilling any legal obligation related to them. The User may read the privacy policy of this Application to learn more about the data processing and Users’ rights regarding their data.
Other payment methods – if any – are independently provided by third-party services. In such cases this Application collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed.
If payment through the available methods fail, Dash shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
Authorization for future PayPal payment
If Users authorize the PayPal feature which allows future purchases, this Application will store an identification code linked to the Users’ PayPal account. This will authorize this Application to automatically process payments for future purchases or recurring installments of past purchases.
This authorization can be revoked at any time, either by contacting Dash or by changing the user settings offered by PayPal.
This Application or specific Products available for sale on this Application must be purchased via a third-party app store. To access such purchases, Users must follow the instructions provided on the relevant online store (such as “Apple App Store” or “Google Play”), which may vary depending on the particular device in use.
Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms.
Users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them.
Until payment of the total purchase price is received by Dash, any Products ordered shall not become the User’s property.
Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received by Dash.
Deliveries are made to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, Users must verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged.
Goods are delivered to the countries or territories specified in the relevant section of this Application.
Delivery times are specified on this Application or during the purchasing process.
Failed delivery
Dash cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to the carrier if the latter is arranged by the User.
If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to Dash, who will contact the User to schedule a second delivery attempt or to agree on the future course of action.
Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.
Delivery subject to conditions
The delivery of certain Products, such as alcoholic beverages, restricted content or the like, may be subject to further conditions under applicable law, the Terms or any other related document.
Upon delivery of such Products, Users may be required to provide evidence or declare that such conditions – e.g. being considered an adult under applicable law – are met.
In such situations, failure to meet the conditions set forth by law or contract may make it impossible to deliver the Products.
Performance of services
The purchased service shall be performed or made available within the timeframe specified on this Application or as communicated before the order submission.
Liability and indemnification
Limitation of liability for User activities on this Application
Users acknowledge and accept that Dash merely provides Users with the technical infrastructure and features incorporated in this Application.
Dash does not intermediate, moderate, promote or intervene in interactions, agreements or transactions between Users and therefore bears no liability for any such interactions among Users, including the performance of any Users’ obligations.
Users, in particular, acknowledge and accept that Dash is not involved in sales and purchases by Users qualifying respectively as Sellers or Buyers over this Application.
This means that Sellers and Buyers are solely liable for respectively offering and purchasing through this Application and for the obligations resulting thereof.
In particular, Dash shall bear no liability for:
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at Dash’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall Dash, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold Dash and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
No Waiver
Dash’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, Dash reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, Dash may also decide to suspend or terminate the Service altogether. If the Service is terminated, Dash will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside Dash’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without Dash’s express prior written permission, granted either directly or through a legitimate reselling programme.
Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of Dash or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of Dash or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
Dash reserves the right to amend or otherwise modify these Terms at any time without prior or post notice.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from Dash.
If required by applicable law, Dash will specify the date by which the modified Terms will enter into force.
Assignment of contract
Dash reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of Dash.
Contacts
All communications relating to the use of this Application must be sent using the contact information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Governing law
These Terms are governed by the law of the place where Dash is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where Dash is based, as displayed in the relevant section of this document.
Dispute resolution
Amicable dispute resolution
Users may bring any disputes to Dash who will try to resolve them amicably.
While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly asked to contact Dash at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to Dash’s email address specified in this document.
Dash will process the complaint without undue delay and within 21 days of receiving it.
Amicable resolution of disputes between Users
Users may bring disputes with other Users resulting from their interaction via this Application to Dash, who will then try to mediate the conflict in order to achieve an amicable solution. While Users’ right to take legal action shall always remain unaffected, if any such controversy between Users should arise in connection with using this Application or the Service, Users are kindly asked to contact Dash at the contact details provided in this document.
Definitions and legal references
This Application (or this Application)
The property that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between Dash and the User, governed by these Terms.
Business User
Any User that does not qualify as a Consumer.
Coupon
Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.
Indicates the natural person(s) or legal entity that provides this Application and/or the Service to Users.
Product
A good or service available for purchase through this Application, such as e.g. physical goods, digital files, software, booking services etc.
The sale of Products may be part of the Service.
Service
The service provided by this Application as described in these Terms and on this Application.
Terms
All provisions applicable to the use of this Application and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using this Application.
Virtual Currency
A non-monetary asset by which Users may purchase specific Products offered on this Application under the conditions specified by Dash. Such assets can be manifested by codes, tokens, digital images etc.
© 2022 Dash by Dash Logistics Services FZE a company registered under the laws of the United Arab Emirates. All Rights Reserved.