A. Acceptance of Terms
YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.
If you do not agree to these Terms and Conditions, then you are not permitted to use the Platform.
An Account holder is sometimes referred to herein as a "Registered User."
You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):
B. Platform of Services
This Site provides a platform for potential Service Providers to link up with potential Clients and acquire services online. The Site intermediates between the Service Providers and their potential Clients. This Site is only for communication whereby users may meet and interact with one another for the purpose of the sale and purchase of services. Ingizly does not buy or sell services. Ingizly is not and cannot be a party to or control in any manner any transaction between two users of the Site and cannot guarantee that a Client or Service Provider will complete a transaction or accept the return of service or provide any refund for the same. You will not hold Ingizly responsible for other users' content, actions, or inactions, or services or Information they list or post.
The Services provided by the Site ("Services”) include a dynamic list of vetted tradesmen, including freelance workers, and companies ("Service Providers”) and posted Jobs on our Platform: Jobs are posted by Clients of the Website, and, are wanted to be done by Service Providers.
Thus, Ingizly is not responsible for any non-performance or breach of any contract entered into between users and does not transfer legal ownership of services from the Service Provider to the Client. The contract for a sale of any service shall be a strictly bipartite contract between the Service Provider and the Client.
Ingizly is not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of services which are unavailable.
Ingizly is not required to mediate or resolve any dispute or disagreement between users. Ingizly has no control over and does not guarantee the quality, safety or legality of services advertised, the truth or accuracy of users' content or listings, the ability of service providers to sell services, or the ability of customers to pay for services.
The Site may include links to third party websites that are controlled by and maintained by others. Ingizly cannot accept any responsibility for the materials or offers for services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such services of a destructive nature and you acknowledge and agree that Ingizly is not responsible for the content or availability of any such sites. However, you acknowledge and agree that you may not include links in any user-posted content on the Site.
Users shall independently agree upon the manner and terms and conditions of delivery, payment, and insurance/warranty of services as between each other and Ingizly holds no responsibility in respect of such arrangements.
Ingizly accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Ingizly excludes all implied warranties,
You release and indemnify Ingizly and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Site and you specifically waive any claims that you may have in this behalf under any applicable law.
C. Account Obligations
When you register as a member of the Site you have been or will be required to provide certain information and register as you will need to create a password-protected account ("Account"). You may register for an Account using your existing Facebook account and log-in credentials (your "Third-Party Site Password").
You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify Ingizly of any unauthorized use of your password or account or any other breach of security. In no event will Ingizly be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse Ingizly for any improper, unauthorised or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorised such access.
You will provide true, accurate, current and complete information about yourself as prompted by Ingizly 's registration form (the "Account Data"); You will maintain and promptly update the Account details to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Ingizly has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of
Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.
D. Service Providers
By registering or using the Site to offer, post or provide Jobs, Service Providers represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations and in relation to the specific job they are performing. Service Providers understand and agree that sending a quote does not guarantee the quote will be read, and using the Site does not guarantee they will be hired for work.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site or Content, except as expressly permitted in these Terms. The Site and Content are provided to you AS IS. If you download or print a copy of Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ingizly or its licensors, except for the licenses and rights expressly granted in these Terms.
In posting or submitting material about your Business on the Site, you warrant that - All such material is not private and is intended for publication on the Site; You grant the Website the unrestricted right to use, reproduce, modify, translate and distribute any material you post or submit to the Site in any medium and for any purpose, including commercial uses; All such material is truthful and accurate to the best of your knowledge; You will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, an invasion of anyone's privacy, harmful to other users, harmful to the business interests of the Website, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, national or international law or regulation.
You agree not to post, or, to encourage or procure others to post Comments and/or Ratings about your Business on the Site which is untrue, inaccurate or misleading.
You agree not to disclose your login details to third parties. If you do so, you are liable for any breach of these Terms and Conditions by third parties using your login details and the indemnity referred to in Section J below is extended accordingly.
E. Service Fees / Payments
Ingizly charges certain Charges ("Ingizly Charges" or "Charges"). Current Charges related to the quoting process will be shown in your ("Account Wallet"). Charges for additional services will be shown in policies or terms provided to you before you use such services. You agree to pay all applicable charges based on the Charge and billing terms then in effect.
In order to be eligible to make such Lead Charge payment, Service Providers shall be required to make advance payments from which the Lead Charge may be deducted as and when necessary. Whenever the Account Wallet falls below the prescribed threshold, the Service Provider shall be prompted to refill it in order to continue enjoying the ability to follow up on leads and contacting Clients.
Clients have the option of making their payments either through cash or through the use of credit card payment upon the completion of the required services or as agreed otherwise between the Client and the Service Provider. If the payment is done by credit card; the cardholder must retain a copy of transaction records and Service Provider policies and rules.
Ingizly shall only facilitate the credit card payment between both parties. We only provide a Site to make these transactions possible. All sales and service purchases on the Site continue to be bipartite contracts between the Client and the Service Provider and as such we are not responsible for any non-performance, breach or any other claim relating to or arising out of any contract entered into between any Clients and the Service Providers. Ingizly owes no duty of care to either party and/or any other user. By Accepting these Terms and Conditions, You acknowledge and agree that Ingizly will hold your funds at your own risk.
The credit card payment shall only take place upon the ascertainment of the Client on the closure and/ or completion of the job in question. Marking of the job as closed in the site shall be the customer’s way of confirming the job was done appropriately and effectively.
Ingizly shall not be liable for any disputes arising between the Client and the Service Provider after the closure of the job. In case of a dispute, however, we shall try and intervene only if the Client notifies us of the dispute in a time span of three days(3) after the day in which the payment was made.
No payment shall be made to the Service Provider unless we get a confirmation from the client through his registered Email in the website.
In cases where genuine disputes are reported by the Client after the expiration of the Three (3) Days Window period, the Site’s management will look into the dispute for purposes of determining whether or not it’s genuine. Upon this determination and subsequent validation, the website shall hold the Service Provider liable and thereafter compel the Service Provider to compensate all amounts incurred by the site which shall be inclusive of the service value as well as every other expense incurred by Ingizly in the process of resolving the disputes. Such charges are inclusive of chargeback fees, penalties, etc. Failure to compensate the site by the Service Provider shall result in Ingizly instituting a legal claim against the Service Provider.
You acknowledge that the Platform may increase or reduce its Charges, and/or may launch campaigns from time to time, and that alteration of the charges in these Terms and Conditions shall be adequate notice to you.
If the Client has assigned a Service Provider to a job but the Service Provider cancels or not show up to an arranged booking (without prior notice to Client), a one-time penalty fee of AED 150 will be added/debited to the Service Provider’s account.
If the Client has assigned a Service Provider to a job, the Service Provider will be automatically charged depending on the Service ("Services") offered and will be added/debited to the Service Provider’s account.
If the Service Provider has arranged a site visit (either before or after the job has been assigned to you), but you cancel or not show up forcing Client to cancel the booking, a one-time penalty fee of AED 100 will be added/debited to the Service Provider’s account.
If the Service Provider deliberately substantially lower the quotation to win a job then increase it later on, a one-time penalty fee of AED 200 will be added/debited to the Service Provider’s account.
If the Service Provider breaks or damage any items or appliances in the process of conducting the job, and refusing the reimburse the customer, a one-time penalty fee of AED 500 will be added/debited to the Service Provider’s account.
For payments in Charges, payments will be settled on or before the end of the month basis provided that a minimum of AED 200 is accrued.
If the Service Provider shares their number or any other contact information in the quotation, then they will be charged an AED 100 penalty. If the Service Provider urged Client to communicate with them, they will be penalized by AED 250. Also, if the Service Provider bypasses Ingizly through direct communication without Ingizly’s consent, the Service Provider will be penalized by AED 250.
Regarding the non-payment of the Client regardless of the reasons, Ingizly shall not be held liable and that the Service Provider shall need to pay the Charges.
If the Service Provider asks the Client not to assign a job through Ingizly although the job has been contracted to Ingizly; and this incident has been discovered by Ingizly; there will be an AED 1,000 penalty fee applied to the Service Provider for the first incident. If this incident happens again; it will be considered as a breach of contract and the Service Provider profile will be deactivated. There will not be any refund or whatsoever in such breach .
If the Client directly contacted the Service Provider instead of Ingizly, and this will be a second booking or so on, the Service Provider will be penalized by AED 200 for not informing Ingizly. Alternatively, If the Client informs us that their job has been assigned to you even though you did not send an estimate, (for example, if you have served the same customer on a previous job), we reserve the right to manually assign the job to you and deduct the corresponding Charge to your Account Wallet.
F. Means of Communication
It is further clarified that your registration on the Website shall be deemed to be your consent to be contacted for the purposes mentioned above, on the mobile number shared by you and by way of SMS or email notifications or messages in any other electronic form.
You understand that we are acting solely as an intermediary for the collection of lead and service charges between a Client and a Service Provider who choose to enter into an Agreement for Service. You understand and agree that you are solely responsible for VAT requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that Ingizly shall not be responsible or liable in any manner in relation to tax liability of a Client and a Service Provider.
I. Governing Law
J. Limited Warranties
We do not warrant or represent: (a)The completeness or accuracy of the information published on our website; (b) That the material on the website is up to date; or (c) That the website or any service on the website will remain available.
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
You agree to indemnify and hold Ingizly and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND INGIZLY AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. INGIZLY DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. INGIZLY DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. INGIZLY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
N. GENERAL INFORMATION