Terms & Conditions
I. Scope, Use of Objects
1. These Terms and Conditions (“Terms”) apply to your use of SHIFTLING FZ LLC (“We” or the “Company”) operates as an Online Platform (as hereinafter defined) under the brand “SHIFTLING” which allows its Subscribers (as hereinafter defined) to book, arrange, and schedule a Service (as hereinafter defined) and/or purchase and/or rent a product with independent third-party Service Providers (as hereinafter defined). Please note that We are not a Service Provider.
2. Please read the Terms carefully before using the Services. The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time.
3. It is your responsibility to check these Terms periodically for changes. By accessing, using or continuing to use the Services, you agree to be legally bound by these Terms. If you do not agree to any of these Terms, then you should not use the Services. All rights not expressly granted to you in these Terms are reserved by the Company.
4. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, and acceptance of offer, invoice or other document of information issued by the Company shall be subject to correction without any liability on the Company’s part.
“Client” shall mean any person subscribes on the Online Platform, or ordering any Services from the Online Platform irrespective of their geographical location.
“Job” shall mean any Service ordered on the Company’s Online Platform.
“Online Platform” shall mean the website of the Company (www.shiftling.com ) or any other website, application and/or social media accounts used by the Company to offer the Services to its Subscribers.
“Personal Data” shall mean information that can be used to identify the Subscriber or contact the same as an individual, as well as information attributed with such information, including but not limited to the name, age or date of birth, address, email, phone numbers, spoken languages, and any other personal or financial data of the Subscriber or the Service Provider required by the Company.
“Location” shall mean the office, home, restaurant or any other private or public building and/or premises where the Service is booked to be performed.
“Recipient” shall mean the person(s) receiving the Service.
“Service” shall mean services provided by the Service Provider, as the case may be.
“Service Provider” shall mean any independent service provider on our Online Platform.
III. Our rights to make changes
From time to time, we may add, change or remove altogether functionalities of the Services or implement minor technical adjustments and improvements, for example to address a security threat. These changes might affect your use of the Services. We may also decide to stop providing all or some of the Services at any time, and nothing in these Terms shall be taken as a guarantee that the Services will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the Services.
IV. Subscribers responsibilities
- The Subscribers acknowledge that the Company does not provide the Services and that all the Services are provided by independent, third party Service Providers who are not employed by the Company or any of its affiliates.
- The Subscribers acknowledge that the Company shall not be held liable for any damage, loss, theft, criminal activity or health and safety violation or accident with a Service Provider or due to the use of the Online Platform.
- To guarantee the access to the Subscriber Location for which the Job has been booked by the her/him.
- The Subscriber shall ensure a free of charge, hassle-free, easy access to the Service Provider to the designated Location in order to perform the Service properly. In addition, any charges imposed on the Service Provider to access the Location will be borne by the Subscriber.
- In the event the Service Provider is hindered free access, the Company will be not held responsible for the missed Job and the full charges apply.
- The Subscriber shall provide a private area for the Service Provider (e.g. closed room or washroom) where he/she can dress up.
V. Service Provider responsibilities
- The Service Provider acknowledges that it shall be monitored very closely by the Company in terms of complying with the Company’s standards.
- The Service Providers are experienced professionals who specialize in their kind of work.
- The Service Providers acknowledge that they are professionals and do not intend to disturb any Subscribers. However, if any Subscriber is disturbed by the presence of the Service Provider for any reason, the Service Provider will not have the right to proceed with the ordered Service. In such event, the Company will not be held responsible for the incompletion of the Service and the full charges for the booked Job shall be applied.
- The Service Provider acknowledges that the Company shall not be held liable for any damage, loss, theft, criminal activity or health and safety violation or accident with a Subscriber.
- Physical or verbal abuse of the Service Provider is strictly prohibited. The Service Provider will abort any Job in case physical or verbal abuse is inflicted upon him/her; in such cases the Company will not be held responsible for the incompletion of the Service and the full charges for the booked Job shall be applied.
VI. Orders & Jobs
- The Subscribers shall place orders for a Service using the booking services on the Online Platform or as otherwise agreed in writing between the Company and the Subscribers. Any offer and quotation issued by Company to the Subscribers shall be non-binding and subject to change unless clearly stated otherwise in writing in the offer or quotation.
- Jobs are subject to availability as indicated on the Company’s booking service on the Online Platform.
- The Company does not accept orders from Subscribers located outside the United Arab Emirates.
- Duration of the Jobs are specified in the ordering section of the Company’s Online Platform and website.
- If the Service Provider is requested to stay longer than the booked time, the Subscriber shall pay for the over time. Extension of the duration of Jobs is subject to availability. Any extension agreed upon by the Company must be reflected by the checkout feature. The Payments for any authorized extensions must be paid by way of credit/debit card.
- In cases where Service Providers are unable to arrive at the Subscriber location within the designated timeframe due to reasons beyond their reasonable control, neither the Company nor the respective Service Provider shall be held liable for the missed / delayed Job. Refunds will not be automatically applicable except in circumstances laid out in these Terms. In a situation where the above has occurred, the Company may offer the Subscriber alternative Service Providers subject to availability if accepted by the Subscriber.
- The Company will not be responsible if a wrong location and/or time is provided for the intended booking by the Subscriber; respective charges for the Job will apply in such cases where a wrong location has been provided. Subject to availability and given that the Subscriber has informed the Company by contacting the hotline that the wrong location and or/time has been provided, the Service Provider can attend the Job (subject to availability and additional hourly charges for time spent) at the correct location if the Service Provider is able to reach the location within the two-hour time interval selected by the Subscriber. In the event the correct location cannot be reached by the Service Provider within the two-hour interval selected by the Subscriber, then the full charges will be applied and the Subscriber shall not be entitled to a refund.
VII. Cancellation & Refund Policy
- We have a twelve (12) hours money back guarantee refund policy. In other words, the Subscriber has the right to cancel the job order in the prior 12 hours of the start time of the booked Job, after which the Subscriber loses its right of requesting a refund
- In the event the Subscriber cancels the Job within twelve (12) hours before the start time of the Job, the Company shall refund the price of the Service deducting a cancellation charge of 25% of the total order amount.
- The Subscriber should send an official refund request by email on firstname.lastname@example.org with the following information: Subscriber full name, contact person’s name, and phone number, the Services the Subscriber would like a refund for, the reasons behind the cancellation, and the bank account details (IBAN, bank name and beneficiary name).
- The Subscriber will not be subject to refund in case she/he has provided a wrong location for the Job.
- If the Job is not performed due to non-access, refusal by the Subscriber and/or Recipient, hindrance caused by building or office management, the Subscriber and/or Recipient not being available at the location or any such situation where the Service Provider appeared at the location but could not perform due to reasons beyond his/her control, the Subscriber will not be entitled to any refund from the Company.
VIII. Liability for Damages
- To the extent permitted by the applicable laws, the Company facilitates the booking of the Services on an "as-is" and "as available" basis and the Company makes no representation or warranty of any kind, express or implied, regarding the content or availability of the Services, or that it will be timely or error-free or that defects will be corrected.
- Since the Company is not providing the Services but merely acting as an online booking platform, the Company shall not have any liability to the Subscriber for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from the Subscriber’s use of (or the Subscriber’s inability to use) the Services.
- The Company do not warrant that: (a) the Services will meet the Subscriber specific requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the Services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; or (e) any errors in the Services will be corrected.
- In the event that the Company is found to be liable to the Subscriber despite the exclusion of liability stipulated in this Terms, the Company’s total aggregate liability shall be limited to the purchase price of the products and the Services the Subscriber has paid for in his/her order.
- Nothing herein shall in any way limit the Company's statutory liability for any matter for which it would be illegal to exclude, or attempt to exclude the Company’s liability, including liability for death or personal injury caused by negligence.
- Each of the Subscriber and the Service Provider hereby undertakes and agrees to indemnify and hold the Company and its officers, directors and employees harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) the use of the Services or products obtained through the Subscriber’s use of the Services; (ii) any breach or violation of any of these Terms; (iii) any violation of the rights of any third party, including third party Service Providers.
- Each of the Subscriber and the Service Provider undertakes and agrees that he/she shall hold harmless and keep indemnified the Company with respect to any and all the claims, losses, liabilities and/or damages arising directly or indirectly from the breach of any of the provisions of these Terms, negligent acts, omissions, misconduct or criminal acts of the Service Provider, including but not limited to claims arising out of food poisoning or allergies.
- In particular, the Subscriber undertakes and agrees that the Company shall not be held liable for any claims, losses, liabilities and/or damages arising directly or indirectly from any conduct involving alleged unwelcome sexual advances, requests for sexual favors, and verbal, visual, or physical conduct of a sexual nature from the Service Provider or any other third-party present at the location while providing the Service. The Client undertakes and agrees to hold harmless the Company with respect to such conduct of the Service Provider or any other third party.
- The Subscriber hereby undertakes and agrees to indemnify and hold the Company harmless from and against any claims, damages or costs occurring as a result of an ordered Service which was not desired by the Recipient.
X. User content
- In these Terms, the content available through the Services, including all information, content, data, logos, marks, interfaces, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called Shiftling Content. Content provided by Subscribers or Service Providers, is called User Content. For example, data about a Service Provider customers, its payments, or operations or that a Subscriber provides to the Company is User Content of that Subscriber. The Company’s only right to that User Content is the limited licenses to it granted in these Terms and as necessary to provide support to Subscribers or to ensure the security of the Services.
- Your data and User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. We do not claim any ownership interest or rights in your User Content except as provided for under these Terms, but we do need the right to use your User Content to the extent necessary to provide the Services, now and in the future. Therefore, by posting or distributing User Content to or through the Services, you (a) grant the Company and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate the Terms and will not violate any rights of or cause injury to any person or entity. If your User Content is intended for the use of other users you also grant us and our affiliates and subsidiaries and partners a non-exclusive, royalty-free, transferable right to sublicense such User Content to such users for their use in connection with their use of the Services in accordance with all applicable privacy laws and regulations.
- You grant the Company a non-exclusive, royalty-free, irrevocable, perpetual license to use (including for commercial purposes) information and/or data collected by the Company through your use of the Services, provided that we aggregate or anonymize that information or data before using it. Other than this right, we claim no intellectual property rights in relation to the information or content you input into the Services.
- If you authorize third parties to access your User Content through the Services, you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for their use of such User Content. Any such access shall be governed by any applicable end user or API agreements or terms applicable to such third party and may be subject to fees charged by such third party.
- You may provide us with comments, feedback or suggestions on the Services, and you agree that we will be free to use, modify and incorporate such suggestions without any obligation to you.
XI. Our intellectual property rights
- Other than the User Content, all content and all software available on the Services or used to create and operate the Services, all intellectual property rights including patents, rights to inventions, copyright and related rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world, are the property of the Company or its licensors. Any original work created for you through the Company by its owner, subcontractors or employees is owned by the Company. You agree not to challenge or do anything inconsistent with such ownership. The Company grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access the Services and to view, copy and print the portions of the Company Content available to you through the Services for the limited purpose of using the Services as contemplated by these Terms. You may not publish or use e brand, branding or logos except with our prior written consent.
- You may provide us with comments, feedback or suggestions on the Services, and you agree that we will be free to use, modify and incorporate such suggestions without any obligation to you.
XII. No malicious or unlawful use
You must not: (a) use the Services in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms; (b) infringe our intellectual property rights or those of any third party in relation to your use of the Services; (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Services; (d) use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (e) collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running any Services; (f) disclose or distribute information relating to User Content to any third party, or use any other User's information for any marketing purposes unless you have that user's express permission to do so; or (g) access or register user logins via bots or other automated methods.
If any provision of these Terms shall become invalid, the remainder of these Terms shall not be affected. It shall be replaced with a valid clause economically closest to the intention of the Company.
XV. Governing Law and Jurisdiction
- These Terms and any subsequent transaction through the Company’s online platform shall be governed and construed in accordance with the laws of the United Arab Emirates and the Emirate of Dubai.
- If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Company’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. The Company reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment.
- If a dispute arises out of or in connection with these Terms or any order, the Company and the Subscriber shall first seek to settle such dispute amicably within a period of thirty (30) calendar days.
- If after the lapse of the afore-mentioned time period no amicable settlement has been reached, any dispute shall be finally settled by the Dubai Courts.
XVI. If there is a problem with the Services
If you have any questions or complaints about the Services, please contact us by email through email@example.com