Scope, Use of Objects
SHIFTLING FZ LLC (“Company”) operates an Online Platform (as hereinafter defined) under the brand “SHIFTLING” which allows Clients (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). The Company itself is not a provider of Services.
These General Terms and Conditions shall govern the access and use by any individual person from within any country in the world of the Online Platform, products and Services made available by the Company.
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.
These General Terms and Conditions may not be varied unless expressly agreed to in writing by duly authorised representatives of the Company and the Client.
Client - shall mean any person ordering any Services from the Online Platform irrespective of their geographical location.
Job - shall mean any ordered Service provided by the Company’s Service Provider to be delivered to the specific Premises as ordered by the Client.
Online Platform shall mean the website of the Company (www.shiftling.com) or any other website, app and/or social media account used by the Company to offer Services to Clients.
Personal Data shall mean information that can be used to identify the Client 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 Client required by the Company.
Premises - 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 an independent service provider with profound experience in his / her area of expertise, in his / her capacity as an entrepreneur, i.e. a natural or legal entity acting in exercise of his / her commercial or independent professional activities in the conclusion of a legal transaction.
Third Party Service Provider
The Company operates an Online Platform that enables the Client to book, arrange and schedule a Service and/or the purchase / rent of a product with an independent third party Service Providers of such Services. The Company itself is not a provider of Services. The Client acknowledges that the Services are being made available under the Company’s brand “SHIFTLING”.
The Client acknowledges 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 Company monitors the Service Provider very closely and it is of utmost importance to the Company that the Service Provider comply with the Company’s standards. However, the Company does not endorse such third party services and in no event shall the Company be responsible or liable for any products or services of such third party Service Providers.
The Service Providers are experienced professionals who specialise in their kind of work. Hygiene is a top priority for all Service Providers and the Client also agrees to comply with the same standards of hygiene and to assure that the Service Providers can operate in a clean and hygienic surrounding.
The Client acknowledges that SHIFTLING shall not be held liable for any damage, loss, theft, criminal activity or health and safety violation or accident with a Service Provider.
The Service Provider acknowledges that SHIFTLING shall not be held liable for any damage, loss, theft, criminal activity or health and safety violation or accident with a Client
Orders & Jobs
The Client 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 Client. Any offer and quotation issued by Company to the Client 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. No order of the Client shall be deemed to be accepted by the Company unless and until expressly confirmed electronically and/or in writing by the Company. Any acceptance of an order shall be at the sole discretion of the Company. Upon acceptance of the order by the Company a binding contract for the ordered products and/or Services has been concluded between the parties. Any request of the Client for changes to an order shall be accepted at the sole discretion of the Company.
The Service Providers registered on the Company’s website operate in the United Arab Emirates. The Company does not accept orders from Clients for Premises outside the United Arab Emirates.
Where applicable, Jobs are scripted and non-customizable. However, the Client can submit a message to be delivered to the Recipient. Messages should be non-offensive and non-abusive. The Company reserves the right to refuse potentially offensive or abusive messages as well as non-suitable locations or other circumstances which might render a Job unsuitable at the Company’s sole discretion. In case of such refusal, the Company shall inform accordingly and the order shall be considered null and void.
Duration of the Jobs are specified in the ordering section of the Company’s website.
If the Service Provider is requested to stay longer than the booked time, the Client 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 Chck out feature. The Payments for any authorized extensions must be paid by way of credit/debit card.
The Service Providers are professionals and do not intend to disturb anyone, however, if the Client and/or the Recipient is disturbed by the presence of the Service Provider for any reason, the Service Provider will not proceed with the ordered Service. In this case, the Company will not be held responsible for the incompletion of the Service and the full charges for the booked Job will apply.
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 will apply.
Delivery & Accessibility
In cases where Service Provider are unable to arrive at the Premises 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 General Terms and Conditions. In a situation where the above has occurred, the Company may offer the client alternative Service Providers subject to availability if accept by the Client.
The Company will not be held responsible if a wrong location and/or time is provided for the intended booking by the Client; respective charges for the Job will apply in such cases where a wrong location has been provided. Subject to availability and given that the Client 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 Client. In case the correct location cannot be reached by the Service Provider within the two-hour interval selected by the Client, then the full charges will apply and the Client shall not be entitled to a refund.
Access to the Premises for which the Job has been booked by the Client has to be provided by the Client. The Client is obliged to ensure a free of charge, hassle-free, easy access for the Service Provider to the designated Premises in order to perform the Service. In addition, any charges imposed on the Service Provider to access the premises will be borne by the Client.
In case the Service Provider is hindered free access, the Company will be not held responsible for the missed Job and the full charges apply.
The Client is obliged to provide a private area for the Service Provider (e.g. closed room or washroom) where he/she can dress up since the Service Providers do not enter any Premises dressed in their respective costumes.
Cancellation & Refund Policy
In case the Client cancels the Job within 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.
In case the Client has provided the wrong location for the Job, the Company will not refund the Client.
If the Job is not performed due to non-access, refusal by the Client and/or Recipient, hindrance caused by building or office management, the Client and/or Recipient not being available at the Premises or any such situation where the Service Provider appeared at the Premises but could not perform due to reasons beyond his/her control, the Client will not be entitled to any refund from the Company.
Liability for Damages
To the extent permitted by law, 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 Client for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from the Client’s use of (or the Client’s inability to use) the Services.
In the event that the Company is found to be liable to the Client despite the exclusion of liability stipulated under Clause 9.b) above, the Company’s total aggregate liability shall be limited to the purchase price of the products and the Services the Client 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.
The Client 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 Client’s use of the Services; (ii) any breach or violation of any of these General Terms and Conditions; (iii) any violation of the rights of any third party, including third party Service Providers.
The Client 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 General Terms and Conditions, 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 Client 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 Premises 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 Client 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.
DATA PROTECTION POLICY
The Company is committed to a policy of protecting the rights and privacy of the Client. In accordance with the laws of the United Arab Emirates the Company gathers and uses certain Personal Data about the Client and the Client hereby explicitly agrees to the collection of Personal Date by the Company.
The Company collects Personal Data via the Online Platform in a variety of circumstances, such as when the Client conducts a transaction on the Online Platform; creates an account on the Online Platform; edits his / her online profile; signs up for newsletters or certain services or submits a comment or question to us by using a "contact us" or similar feature on the Online Platform.
The Client hereby agrees that such Personal Data may be held by the Company, including but not limited, for the following purposes:
Accounts & records;
Advertising, marketing & public relations;
Publication on the Online Platform and/or social media accounts of the Company;
Information and databank administration;
Journalism and media;
Communication with the Client.
The Client hereby accepts and agrees to the above-mentioned use of his / her Personal Data.
Appropriate technical and organizational measures have been taken against unauthorized or unlawful processing of Personal Data and against accidental loss or destruction of Personal Data. All Company computers have a log in system and the Company’s contact database is password protected, which allow only authorized staff to access Personal Data.
The Company shall be entitled to edit profiles, reviews, delete images and text of the Client and to amend the content on the Online Platform at its sole discretion, e.g. if the Company is of the opinion that the respective content is not suitable to be published on the Online Platform.
The Client irrevocably agrees that the Company may access, maintain, and disclose information of the Client provided to the Online Platform if required to do so by law or if the Company, in good faith, believes that such access, maintenance or disclosure is reasonably necessary to: (i) comply with any legal process; (ii) enforce these General Terms and Conditions; (iii) respond to claims that any material or information posted, provided, transmitted, or otherwise made available over the Online Platform violates the rights of third parties; (iv) or otherwise protect the rights and property of the Company, its Service Providers and the general public.
Any incident or circumstances beyond the Company's control such as natural occurrences, war, strikes, lock-outs, obstruction of transportation, fire, explosion, or acts of government shall relieve the Company from its obligations under these General Terms and Conditions to the extent the Company is prevented from performing such obligations. The same applies to the extent such incident or circumstance renders the contractual performance commercially impractical for the Company over a long period or occurs with Service Providers or suppliers of the Company. If the aforementioned occurrences last for a period of more than 3 months, the Company is entitled to withdraw from the contract without the Client having any right to compensation.
Client agrees not to directly hire and/or offer to hire SHIFTLING staff for a period of 1 year after completion of any project or Job without the prior written approval of SHIFTLING, for which, in case of default, SHIFTLING shall be entitled to charge the Client a penalty amounting to AED 30,000 per staff member as pre-estimated damages.
If any provision of this Agreement shall become invalid, the remainder of this Agreement shall not be affected. It shall be replaced with a valid clause economically closest to the intention of the parties.
Governing Law and Jurisdiction
These General Terms and Conditions 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 a dispute arises out of or in connection with these General Terms and Conditions or any order, the Company and the Client 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.