DoChat Terms and Conditions

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Do.Chat Messenger PTY (“we,” “us” or “our” or “Do.Chat), concerning your access to and use of the https://Do.Chat website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.

DO.CHAT acts solely as an intermediary. DO.CHAT is not responsible for the Professional service providers' status nor for their legal ability to issue invoices. The Professionals, Lead Partners , advertisers and marketers are solely responsible for their taxes, for complying with tax regulations regarding the revenues obtained from the services provided to the Clients, and for complying with social security regulations, in accordance with their country's legislation.

Do.Chat offer technical tools and storage space that enables Professionals on Do.Chat to register and to share their Profiles, information about their business and their Quotes through Do.Chat ; and enables Clients to register and to publish their requests for services; The technology used to match Professionals and Clients via Do.Chat , enabling them to easily connect and communicate and exchange leads and referrals; The information provided by Professionals and Clients via Do.Chat belongs to them and is their sole responsibility. DO.CHAT declines liability for any information or for the validity of the content displayed on a Professional's profile or a Client's account.

DO.CHAT objective and scope is solely to enable Clients and Professionals to connect, for a given project and the service requested and offered. DO.CHAT has no obligation, liability, duty or control of any nature whatsoever, with respect to the interactions between Clients and Professionals which take place via its website, namely with regards to: the absence of a Quote or response from a Professional to a published Request; the number of Quotes received for a published Request; the quality of the service provided by the Professional who replies to a Request; the quality of the published Requests sent to the Professionals; the timeframe for providing the service offered by the Professional; the legal framework in which the service is provided by the Professional; the validity of the information provided by the Professional registered on Do.Chat and displayed on his public profile page; the validity of the Client's Request; etc.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site.

Requesting Quotes

By using the site to request prices and quotes you agree that we have to find suitable service providers to provide you with quotes and price estimations, and in so doing need to produce such service providers with your information and request details. Only paid service providers will be allowed to submit quotes and prices to you thereby ensuring that only serious service providers will contact you for assistance.

The information you share during quote request will be shared with our accredited and non-accredited service providers who pays a small fee to contact you. They will not initially be able to see your email or mobile phone unless you choose to share this with them. They will be able to see your estimate location (street name, not exact), and your first name, as well as all the details info, docs and photos you shared in your application.

UNVERIFIED SERVICE PROVIDERS AND GUARANTEE OF SERVICE DELIVERY

Our service offers both verified and unverified service providers. We urge all participants and users using the service to be careful and vigilant in hiring unverified service providers and offer no guarantee of service delivered offered from such service providers.

FOR PROFESSIONAL SERVICE PROVIDERS AND SUPPLIERS (PRO’S):

Pro’s may use the service free to manage clients, client project, teams and tasks. Pro’s can buy and or exchange leads withing the framework, provisions and terms of the Do.Chat platform. Do.Chat is free, however Pro’s will have pay to make contact with clients they select only. Pro’s can also capture and manage their own clients using the platform for free.

Do.Chat is a way to get more clients without advertising. Instead of advertising we will provide service providers with lists of clients and client quotes request which they can pay a small fee to access per client job or request. Just like paid advertising there is no guarantee of assured business. In the same when buying lead it is not a guarantee of business nor guarantee that the clients intentions or request is true and accurate. Should clients not hire your services or cancel their request refunds in most cases are not eligible as payment is based on information captured and shared with you (See refund section for more details). We have to pay third party lead generation and marketing companies for their services who’s lead quality we will monitor and regulate closely. In general, this way of marketing is more efficient as it costs you less time and money than advertising yourself. Ultimately you can focus on supplying your service instead spending time leaning online advertising.

It is your responsibility to close a deal with a customer. From experience in the field the people who first make contact with the clients has 60% higher chance of closing the deal. Speed in this case is essential. If a lead is purchased and only contacted much later it is not our responsibility if the lead request has expired or has already been serviced during this time. It is your responsibility as a service provider to contact the client as soon as possible after requesting the service. In general, a hint here would be that you should not buy a lead which you are not willing to contact immediately. Leads can be purchased by upto 4 service providers. Therefor to win a client job all factors are important from fast response times, friendliness to suppling a quality service.

DO.CHAT can and may advertise to its Users via its Do.Chat platform and email campaigns.

DO.CHAT is not a recruitment agency. DO.CHAT is not a temporary placement agency. DO.CHAT does not have an Employer status for the professionals listed on its website. The Professionals are in no way subordinated to DO.CHAT while making use of the services our company makes available for them via Do.Chat .

Do.Chat allows Pro’s to upload business profiles about themselves and their business on the Do.Chat website or apps. Do.Chat does not review or verify the information or representations set forth in those profiles, as they are self-reported by the Pro. Do.Chat therefore makes no representations or warranties regarding any information uploaded by a Pro, and assume no liability for such information.

Lead Purchases:

Leads are billed the moment a quote is submitted or if the lead is assigned to a team member within your company. No notification will alert you to this as this is an automated process. The price of each lead (client request or client job) is displayed in the lead inbox section next to each lead. Leads captured by service providers themselves has no costs (are free) to themselves and they have an option to exchange or sell such leads using the platform.

Refunds:

For any cancellation or refund requests, please contact us via email at: support@do.chat no later than thirty (30) days after the lead has been purchased. No claim will be issued after the thirty (30) day period. If you deactivate your account before we process your case, we will not be able to process your request.

The credits awarded by our Customer Service and added to your Do.Chat account are valid for 1 month, starting from the day they were added to your account. After 1 month, if they have not been used, they will automatically expire.

You will become eligible for a refund in the following conditions:
1.If the lead is fraudulent
2.If no service providers nor our admin staff are able to make any contact with the client.
3.If the client makes no indication of a response. i.e. the client does not view, open or accesses a single one of your messages, emails or quotes within 20 days. Note on this point that for your convenience Do.Chat will automatically track the viewing and reading of messages, quotes, emails and project sent to the client via Do.Chat and provide you with feedback of such. i.e. in your chat of a project (gig) a system entry may appear saying: “client has read your quote on {date}”

Invalid refund requests:

Refunds become invalid the moment a client makes first contact. First contact means:
1.if a client reads any message, quote or email from your company
2.or responds in anyway.
3.or reads or views your profile, company details.

Refund processing:

In most cases and for your convenience the Do.Chat platform will automatically track and trace contact made with clients and their responses. The system will keep you informed as to track read unread status of messages, quotes and email sent via the platform. When it is detected that a client has not viewed or responded to a single one of your messages, emails or quotes sent via the system it may based on certain factors automatically process a refund for you (note this is still in BETA testing). All refund will first be noted by our admin staff and authorized. Should you request a refund which is not auto detected for other response as specified in this agreement, our admin staff will investigate your claims, also try to make contact with the client etc and the manually process the refund to your spendable credits on the platform.

SELLING LEADS, THIRD PARTY LEAD SALES & LEAD CAPTURE:

Do.Chat allows participating Lead Partners , professional marketers and Pros.’s to capture and generate their own leads from their own websites or from within the Do.Chat platform. Leads generated or captured by third parties using the platform (i.e. remote capture forms and frames placed on their websites) are owned by the lead generator such as the lead partner or service provider and tracked and traced using Referral Id’s of the party (owner or lead partner) who captured it. Lead owners has the exclusive right to use such lead at their own discretion for themselves only, but may not sell or share such user information to any third party unless regulated it’s via the Do.Chat platform as clients must strictly be governed by the protection of the privacy policy and Do.Chat terms and conditions . Do.Chat will not interfere or use such leads or client information or job requests in anyway and will protect the rights of the third party lead partner and service provide access to such information which will remain strictly confidential.

However Third party participants such AS AFFIALITES, LEAD PARTNERS AND PROFENTIONAL SERVICE PROVIDERS (PRO.S) may opt to sell or exchange such lead for credits within the Do.Chat frame work and terms and conditions. This can be done manually or on full automation. For leads sold in this way they will earn 80% of the revenue or lead price. Once the lead is sold it is matched with all relevant suppliers on the Do.Chat platform which are in the same industry and area. These suppliers can then pay to buy the lead and contact such client via the Do.Chat network (but will be unable to see the client email which is protected by the privacy policy). Leads sales from third-party Lead Partners is strictly guided and falls within the lead verification, validation and sales policy of the site. Lead buyers will be table to submit quotes and send messages to the client from withing the CHAT/ GIG / PROJECT. Quotes submissions will also automatically be sent to the client via email and SMS.

FRAUDULENT LEAD SALES:

We have to protect lead buyers and service providers at all costs to ensure that they pay for valid and high-quality leads. Creating fraudulent leads for sale would be regards as a criminal offence. Leads fraudulently created and sold is gross violation of this agreement and Do.Chat will have the right to cancel the lead partner account and retain all supplier credits should fraud be detected. Leads will pass certain fraud checks which would alert our administration. Should fraudulent leads be detected your account will immediately be suspended pending further investigation. All funds and credits currently on the account will be locked pending the outcome of the investigation. Should a party be found guilty of purposeful fraud all reaming credits on the account will lost as a penalty.

Lead buyers can also report fraudulent leads and claim refunds for such which will be fully investigated by our admin staff.

Lead Partners and suppliers selling leads will receive lead quality ratings. Lead quality will impact the price of a lead. Lead buyers will be able to rate the lead quality (in beta development). The lower the lead quality rating of a supplier, the lower the lead price will become and this meaning that Lead Partners producing low quality leads prices will become cheaper and cheaper and thus they will earn less and less.

Supplier may not request quotes for services they themselves supply.

MAXIMUM EARNINGS PER LEAD:

When new leads arrive in the lead in box which is owned by the pro, there will be no costs to the pro to use such lead for themselves as they are the owner of such lead. Leads which are owed by suppliers or Lead Partners and which are not automatically set to be sold will display an EXCHANCE LEAD button. Above this button the maximum earnings a supplier can earn for the sale of the lead will be displayed i.e “Earn upto R 132”. This amount does not reflect a guaranteed earning. This amount reflects the possibility of earning maximum earnings or maximum earnings potential. Once the supplier clicks on the EXCHANGE LEAD button the lead will be matched with relevant service providers. Should enough service providers (usually 4) buy the lead, the maximum earnings will be paid to the supplier as indicated above the button. The maximum earnings on a lead is 4 x the lead sales price (i.e. R 40 x 4 = R160). Should fewer suppliers buy same lead, then less will be earned as per the number of sales multiplied by the lead price. To get more details on earnings and earnings potential the supplier can navigate to the SOLD LEADS section. Here the you can see price per lead, earnings per lead, sales per lead and total earnings across all leads for the period selected. Earnings will also reflect in the billing section. All earnings and spending are clearly defined and listed.

LEAD PARTNERS AND MARKETERS:

Lead Partners are 3rd party marketing companies or individuals that capture leads from their own marketing campaigns and websites. Lead Partners can place Do.Chat lead capture forms on their websites for their targeted industries. Should an industry not exist the Do.Chat team will create such industry and form free of charge. To request new industries or forms or for support on industries or forms please send your requests to support@do.chat.

Clients on the other end are regarded as people who request service or product prices or quote for any service on Do.Chat platform. Clients are tracked with referral ID’s linked to their account in the database as well as cookies and will remain linked to Lead Partner ID (Refferl_ID) for up to 5 years.

Commissions:

Once a NEW client has been introduced all leads generated from such a client related or non-related to the original industry will generate a revenue of 80% of the lead sales price for the Lead Partner. The earning per lead (80%) will be displayed to the lead partner on the SOLD LEADS section the LEAD INBOX section as well as the billing section. 20% of revenue will be used for the operation of the Do.Chat platform and profits and includes costs for bank, sms’s, WhatsApp, and telephone support costs.

Clients introduced by a Lead Partners will generate income for that partner: 1.and be linked to the Partner referral_ID providing it’s a new client which is not already an active user/subscriber on the Do.Chat.
2.if future leads request from the client originating from within the Do.Chat platform or website will be passed to the original referral ID of the partner unless:
   a.the client signups up directly via the lead form placed on another 3rd party partners or suppliers page in which case the specific lead captured by the 3rd party will be inherited and owned by the partner or service provider who captured it. All leads generated directly from a lead seller website will be credit to the owner (partner) of that website irrespective of the fact that they are owned by a different RID or partner.
   b.Leads manually captured by Lead Partners or advertisers will also be credited to the respective partner and not the original referral ID partner or owner.

Spendable Credits:

To protect against fraud, earnings received from lead earnings will be locked for withdrawal and only become spendable or withdrawable after 45 days. During this time lead buyers will have the opportunity to request refunds report poor leads, or lodge complaints against false, in accurate, or fraudulent leads. Should no service providers be able to contact a client listed in a lead the lead is eligible for refund and such suppliers will automatically be refunded within 30 days (in beta development). For this reason, earned credits will only allocated for spending after 45 days. However, sales will be visible instantly allowing lead sellers to view their exact earnings and balances.

Earnings and withdrawals:

Lead sellers and marketers will earn commission on the sale of leads. These earning will be visible in the SOLD LEAD section as well as in the billing section. Withdrawals can be made on a monthly basis once funds (spendable credits) are available in the user account. Only earned funds can be withdrawn. Funds paid in for lead purchases are nonrefundable. To withdraw you will need to add a bank account and follow the procedures. All withdraws are vetted and checked by our admin department before it is released. It is paid over via an EFT to a South African Bank account only (more countries coming soon). Total spendable credits will reflect on the billing page as well as on the lead inbox and sold leads pages. Breaks downs are visible in the billing section in your workgroup account.

Listing of Suppliers:

Suppliers listed by 3rd party Lead Partners and marketers will also be tracked by the Referral ID of the source lead partner. All leads generated from the users or team members of such a company (suppliers) will be credited to the partner or marketer who introduced the service provider (i.e. plumber). However leads captured and sold by a service provider (supplier) directly will be credited to the supplier themselves and not to the original lead partner or referral ID. i..e should a supplier of paving get a request for artificial grass and list such lead on the system that supplier will receive the credits for such participation and not the original referral ID of the lead partner. In the event that more than one lead partner list the same supplier, the referral ID will remain with the original source of the supplier where both are inactive or with the first activated account (users within a supplier company will activate their own accounts).

Suppliers and services listed by the Lead Partners will be visible to all other Lead Partners on the platform and vice versa creating an open source network of service providers.

Adding Supplier details:

  • List of suppliers can be provided to Do.Chat and imported via CSV or excel files to ensure larger sales volumes of leads. Supplies will be added to the Do.Chat supplier list and mapped according to their service industry and location. They will be linked to the lead partners company via an referral_ID.
  • Supplier needs to have either a valid mobile or email, to qualify. They should also have at least one industry and service location associated with them.
  • Suppliers can also be manually added from the lead partner console (in beta development)

Co-branding and brand recognition

  • Lead partners has the option to display their company name with a link to their website to all leads sent to lead buyers. In this case the lead partner logo will also be listed in the notification emails sent to buyers. This will go to all matching suppliers on the system irrespective of who the owner or referrer of the supplier is (in final beta development).
  • Lead partners also has the option to display their logo on Do.Chat project section to suppliers who they listed. This ensure brand recognition and loyalty to the lead partner who listed the suppliers. For this the lead partner should provide an URL link to which page the clients or suppliers should be passed should they click on the logo

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Terms and Conditions;
(4) you are not under the age of 18
(5) not a minor in the jurisdiction in which you reside
(6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
(7) you will not use the Site for any illegal or unauthorized purpose;
(8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER ACCOUNT REGISTRATION AND OTHER SUBMISSIONS

You may be required to register with the Site to access certain areas. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You may register for an Account using certain third-party account and log-in credentials (your "Third-Party Site Password"), such as your Facebook or Google credentials. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your DoChat password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify DoChat immediately of any unauthorized use. DoChat is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of DoChat or others due to such unauthorized use. Your account is nontransferable except with DoChat’s written permission and in line with DoChat policies and procedures.

USER ACCOUNT REGISTRATION AND OTHER SUBMISSIONS

You may be required to register with the Site to access certain areas. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You may register for an Account using certain third-party account and log-in credentials (your "Third-Party Site Password"), such as your Facebook or Google credentials. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your DoChat password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify DoChat immediately of any unauthorized use. DoChat is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of DoChat or others due to such unauthorized use. Your account is nontransferable except with DoChat’s written permission and in line with DoChat policies and procedures.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1.post content in any inappropriate category or areas on the Platform;
2.Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Platform for any purpose without DoChat's prior written approval; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (DoChat reserves the right to revoke these exceptions either generally or in specific cases);
3.In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Platform information or Content including but not limited to, for use on a mirrored, competitive, or third-party site;
4.Transmit more request messages through the Platform in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
5.Take any action that (a) may unreasonably encumber the Platform's infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm DoChat or users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates Fee (defined herein) structure, billing, or Fees owed;
6.systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
7.make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
8.use a buying agent or purchasing agent to make purchases on the Site.
9.use the Site to advertise or offer to sell goods and services.
10.circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
11.engage in unauthorized framing of or linking to the Site.
12.trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
13.make improper use of our support services or submit false reports of abuse or misconduct.
14.engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
15.interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
16.attempt to impersonate another user or person or use the username of another user.
17.sell or otherwise transfer your profile.
18.use any information obtained from the Site in order to harass, abuse, or harm another person.
19.use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
20.decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
21.attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
22.harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
23.delete the copyright or other proprietary rights notice from any Content.
24.copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
25.upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
26.upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
27.except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
28.disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
29.use the Site in a manner inconsistent with any applicable laws or regulations.
30.[other]

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of South Africa, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

Contributions may be viewable by other users of the Site and through third-party websites where applicable. As such, any Contributions you transmit outside of projects or gigs may be treated as non-confidential and non-proprietary. All information you post inside or project of gig, or project chat, such as tasks, internal messages communication with the client or staff will remain confidential at all times and Do.Chat endeavors to protect such information.

When you create or make available any Contributions outside of projects, gigs, internal chats or communications with clients, you thereby represent and warrant that:

1.the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2.you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.
3.you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.
4.your Contributions are not false, inaccurate, or misleading.
5.your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6.your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7.your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8.your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9.your Contributions do not violate any applicable law, regulation, or rule.
10.your Contributions do not violate the privacy or publicity rights of any third party.
11.your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12.your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13.your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14.your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.

You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

With the exception of communications in your internal and client project and gigs (your chats), as well as your team contact details, by posting your Contributions to any other part of the Site [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements;
(8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions.

You shall not:
(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail;
(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:

(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;

(2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;

(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;

(4) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application;

(5) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.

You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS AND SUGGESTIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.

Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

[As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms and Conditions;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy https://do.chat/privacy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in South Africa.

If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the South Africa, then through your continued use of the Site, you are transferring your data to the South Africa, and you expressly consent to have your data transferred to and processed in South Africa.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;

(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

(5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”).

To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

(1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;

(2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside South Africa, for any judicial district in which we are located;

(3) a statement that you will accept service of process from the party that filed the Notification or the party's agent;

(4) your name, address, and telephone number;

(5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;

(6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent
Gerrard Smith
Attn: Copyright Agent
110 Lourens River Road, Strand, 7140
support@do.chat

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Please be advised that you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.]

UPDATES:

We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Site.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. HOWEVER FOR LEAD PARTNERS WE WILL ALLOW FAIR NOTICE AND OPORTUNITY TO PROVIDE REASONS FOR ACTION. RESLLERS WILL RECEIVE 7 DAYS WRITTEN NOTICE TO RECTIFY OR EXPLAIN THE PROBLEM FAILURE TO DO SO WOULD RESULT IN TERMINATION OF THE AGREEMENT AND DELETION OF THE ACCOUNT.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the South Africa and applicable to agreements made and to be entirely performed within the country, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 60 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of South Africa and, where appropriate, the Commercial Arbitration Supplementary Procedures for Consumer Related Disputes.

Your arbitration fees and your share of arbitrator compensation shall be governed by the South African Consumer Rules.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable rules or applicable law, the arbitration will take place in Cape Town South Africa.

Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the Cape Town jurisdiction and courts, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to [Informal Negotiations and] Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning [informal negotiations and] binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Do.Chat expressly disclaims any and all warranties, express or implied relating to the screening process for Pro’s, criteria, procedures, or information obtained or presented in the screening process of Pro’s or disclosures including but not limited to any warranties of merchantability, fitness for a particular use, or that the screening of Pro’s or verification procedures or standards are sufficient or that the information received in these screening of Pro’s or verification procedures is accurate, timely or error free.

No Guarantees or Endorsements. Although we take certain steps to examine the credentials of our listed Pro’s, we make no guarantees or representations regarding the skills or representations of such Pro’s or the quality of the job that he or she may perform for you if you elect to hire their services. Do.Chat does not endorse or recommend the services of any particular business/Pro’s listed on our online platform. It is entirely up to you to evaluate a Pro’s qualifications, and to enter into a direct contract with the business. We do not guarantee or warrant any Pro’s performance on the job or the outcome or quality of the services performed. The Pro’s and their businesses are not employees or agents of Do.Chat , nor is Do.Chat an agent of the Pro’s.

Do.Chat does not guarantee or warrant the pricing or discounts that a Pro may offer you. Any quotes provided by Pro’s via the Do.Chat website or apps, or which you find on the Do.Chat or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via Do.Chat . No contractual arrangement is created based upon the quotes provided to you from Pro’s (or your scheduling of an appointment with a Pro) via the Do.Chat platform. To contract with a Pro, you must work directly with the Pro. Do.Chat does not perform, and is not responsible for, any of the services requested by you in your quote request. Your rights under contracts you enter into with Pro’s are governed by the terms of such contracts and by applicable legal laws.

Release from Damages or Claims. Should you have a dispute with any Pro, you must address such dispute with the Pro directly. You hereby agree to release Do.Chat (and our officers, directors, affiliates, employees and agents) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with service professionals (Pro’s).

DO.CHAT may, at its sole discretion, delete any requests and/or content published on Do.Chat which does not comply with the terms of service or which is harmful and damaging to DO.CHAT brand or image, or to any Professional or Client using DO.CHAT's services.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.]

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

By accepting these Terms of Service, you also accept PayFast.co.za Terms of Service https://www.payfast.co.za/end-user-agreement

MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

With the exception or LEAD PARTNERS there are no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

CONTACT US

In order to resolve a complaint regarding the site or to receive further information regarding use of the Site, please contact us at:

Do Chat Messenger PTY
5 Short Street, Bloemfontein CBD, 9301, South Africa.
083 3453 901
Support@do.chat

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