DINGAH APPLICATION TERMS AND CONDITIONS The terms and conditions for DINGAH LIMITED (Dingah App), a private company registered and incorporated in the Republic of Rwanda offering digital tech services including but not limited to, hotel bookings and reservations, taxi and car hire services, online shopping and marketing on its Application “Dingah app” and through partner franchised outlets in various parts of the Republic of Rwanda will facilitate the supply and delivery of products and services (“terms” or “contract”) in its jurisdiction of operation. By accessing the application/website, you confirm that you have read these terms and conditions carefully and agree that you understand and accept them which are legally binding upon you and create a contract between you and us. These terms outlines who we are, how we provide products and services to you, how you and us may change or end the contract or what to do if there is a problem with your order/reservation and other important information. DINGAH reserves the right, to change, modify, add, or remove portions of these terms and conditions at any time without prior notice. In this event any new changes will take effect from the date when the new terms are posted on the website. You may be required to enter into a separate agreement, whether online or offline, with Dingah or our affiliate partners for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned. I. DEFINITIONS In this Deed following words and expressions shall have the following meanings unless otherwise expressly provided or the context otherwise requires: “Account” refers to the account created by the Customer on the Application to become the member of the Dingah fraternity. “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court of Rwanda. “Application” shall mean the feature/category-icon “DINGAH” within the mobile application “Authorized Vehicle Operator” shall mean and include such third party individuals and Service Providers who hold valid Public Service Vehicle licenses and roadworthy vehicles and are independently offering Vehicle services."Customer/ You" means a person who has agreed to our terms and conditions and has an Account on the Application. “DINGAH” means the mobile application being the technological platform that links Customers to Authorized Vehicle Operators offering the Vehicle Services “Original ID” shall mean Your current National Identification Card Number or Passport Number, an active and valid email ID, your telephone number including mobile number and your postal address the same being registered with Us by You for using and accessing the mobile application DINGAH. “Registration Data” shall mean and may include the present, valid, true and accurate name, Original ID, Email ID, age and such other information as may be required by DINGAH from time to time, provided by the Customer at the time of registration on the Application. “Ride” shall mean the travel in the Vehicle by the Customer from the Pick Up point to the Drop point, facilitated through the Application. “Service(s)” means the facilitation of transportation service by Service Providers through the Application. “Service Provider(s)” shall mean a Service Provider or third party being an Authorized Driver and/or an Authorized Vehicle Operator or Owner, offering the service of transporting Customers from the pick-up points to the drop points as communicated by the Customer at the time of requesting the booking on the Application. “DINGAH LTD” means the legal entity who owns the proprietary information in the application. “Vehicle / Taxi” shall mean a taxi as defined under the RURA regulations and guidelines of operation. "You", “Your or “Yourself” shall mean reference to the Customer accessing the Application and your postal address the same being registered with Us by You for using and accessing the mobile application DINGAH. II. Our Products 1.1 Let it be known that the products and services displayed or accessed on this application/website are not owned or manufactured by us but by third party suppliers except a few that shall be labelled.III. 1.2 In some cases for products the packaging may vary from that shown in images on our website. It’s you (clients) responsibility to ensure the measurements of products are correct communicating such requirements to the company. 1.3 These pages, the content, and layout of these pages and the online reservation service (including the facilitation of payment service) provided by us on these pages and through the website are owned, operated, and provided by ‘DINGAH’and are provided for your personal, non-commercial use only. The service providers act in a professional manner vis-à-vis DINGAH when making its product and/or service available on or through DINGAH APP or WEBSITE (both for its business-to-business and/or business-to-consumer relationship). 1.4 " "us," "we," or "our" means DINGAH APP under the Dingah Limited, a limited liability company incorporated under the laws of the Rwanda, and having its registered address at Kigali, "Platform" means the (mobile) website and app on which the Dingah Services are made available owned, controlled, managed, maintained, and/or hosted by Dingah Limited. "services" means the various different travel products and services that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, combined, or consummated by you from Dingah app. Scope of services 1.1 We Dingah Limited and its affiliate partners provide an online platform ‘Dingah App’in through which a professional conduct of business can advertise, market, sell, promote, and/or offer (as applicable) their products and service for order, purchase, reservation, hire, and through which relevant visitors of the Platform can discover, search, compare, and make an order, reservation, purchase, or payment. By using or utilizing Dingah App Service e.g. by making hotel accommodation reservations, car rental and hirer services, tax services. 1.2 By using the Dingah app you enter into a direct legally binding contractual relationship with us to facilitate you access the required services and products available on our platform that is to make reservation or purchase a product or service (as applicable). From the point at which you make your Reservation or order a certain service, we act solely as an intermediary between you and the service Provider, transmitting the relevant details of your query to that particular service provider(s) and the particular service provider takes up from there and sends you a confirmation acknowledgement. 1.3 When rendering Dingah services the information that we disclose is based on the information provided by the service Providers. As such, that market and promotes their services on the Platform. They are given access to our systems and Extranetthrough which they are fully responsible for updating all rates/fees/prices, availability, policies and conditions, and other relevant information which is displayed on our Platform. Although we will use reasonable skill and care in performing our online duty of marketing and advertising, we will not verify if, and cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any errors including manifest and typographical errors, any interruptions whether due to any temporary and/or partial breakdown, repair, upgrade, or maintenance of our Platform or otherwise, inaccurate, misleading, or untrue information or non-delivery of information. Each Service Provider remains responsible at all times for the accuracy, completeness, and correctness of the descriptive information including the rates/fees/prices, policies and conditions, and availability displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification, or (star) rating of any Service Provider or its facilities, venue, vehicles, main or ancillary products or services made available. IV. SERVICES PROVIDERS 1.1 As a precondition qualification for any service provider to have a right to create a profile account on Dingah system the following condition must be met; a) The service provider must be a legal entity registered as per the existing regulation and laws. b) The Service Providers will be required to deposit copies of proof of ownership documents, Identity Card or Passport, relevant licenses, Valid Certificate of Conducts to enable the Company to verify their compliance with the applicable laws regarding the conduct of the Services offered. c) The service provider must acquire and posses a dingah vacation card, d) Sign a commission agreement to remunerate dingah for the services and sales that come through the platform, e) They must commit that they shall provide quality goods, addresss customer needs and provide effective products and services on time. 1.2 Rights of the service providers a) Service providers are welcome to join the system after meeting the above stated conditions b) They host their services on the platform whereby they pay a service commission fee c) Have a right to create a profile account of their services and products on the system, shall avail their Services by uploading all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, describing the services they offer d) As they have access to their accounts they can brand market their products and services with ease.V. Provision of Services • Products description Our products are diversified as classified below; a. Car hire b. Shop Via Dingah c. Dingah Vacation d. Dingah taxi e. Dingah Courier f. Driver in a minute g. Errands. 1.1 The Car hire -bit in the application will allow registered car hire companies with RURA to have a platform to display their vehicles thus enabling a quicker and more effective way for customers to request their vehicles for hire. This will enable the car owners have a wider access to the market to offer car hire services to the market while at the same time providing convenience to customers as they can now easily order for the same vehicles specifying the date, time and place they wish to have the car dropped. This will be the best services especially to tourists who visit the country and expats who need to use car hire facilities. Dingah offers car hire services with its available wide range of classes of cars on its platform for both short and long term. For more terms and conditions on the care hire services follow link..... 1.2 Shop Via Dingah- becomes the first platform that does not only allow shop owners to sell their goods online but allows the shop owner to have a following (social media aspect) meaning the system allows them to self-advertise their products to their customers. Dingah allows different shop owners to personally create their online shops, allow for clients to comment on the products sold and allow clients to personally visit the premises through the integrated GPS locator system that will allow the client to equally visit the shop to get to know more about the products. DINGAH SHOP-The Vendor shall pay the Company a registration fee of American Dollars Two Hundred (USD.200) to use the Shop via Dingah Platform. The said amount will also facilitate the shop being covered in the quarterly vacation magazine and being given an online presence by Dingah Limited. The Vendor shall pay the Company a commission of 10% for every item purchased from the shop, by accepting the Dingah Vacation Cards, 3% discount will be granted to the customer on the spot and the Company will invoice the shop owner the balance of 7% which is to be paid within seven (7) days of invoicing or be deducted from any monies owed to the vendor by the company. The companywill also settle the vendor within a maximum of seven days when they withdraw the Dingah points or any monies owed to them. Unlike other e-commerce platforms Dingah does not base its commissions on online sells which have to be managed by Dingah from order processing to delivery and finally organise for payments of the products, but it allows customers to freely interact with the shop owners and use their vacation cards, the first ever discount card which will give the customer a discount on the sales and also allowing Dingah to invoice the shop owner on the balance of the commission which stands at ten percent (10%). 1.3 Dingah Vacations- looks at providing loyal customers with information on where to visit when they are having their vacation. With Dingah in place the target market who are expatriates and those lodged in hotels now have the perfect opportunity of getting logistical support.Dingah partners with hotels under a license that enables clients to purchase a service in the hotels via the Dingah Vacation platform and merchandise via the Shop via Dingah platform on Dingah system. The Hotel shall pay Dingah a commission of Fifteen percent (15%) for room accommodation and Six percent (6%) on food and beverage bills consumed by card holder clients either through the system/Application or by physically coming to the Hotel and presenting their Vacation Cards irrespective whether the cards are Dingah Silver, Dingah Gold or Dingah Platinum. On presentation of the Vacation Cards the Hotel through its agents or staff will scan the card and grant the customer spot discount as per the system which is 3% for Dingah Vacation Silver Card and Gold card while 5% for Platinum card automatically calculated by the system and an automated receipt generated and sent to all the parties email addresses as assigned in the system for accountability. 1.4 Dingah taxi -is a platform that allows registered taxi owners to provide logistical support to clients. The given rate chargeable to clients will be provided by the regulator and the commission which is proposed at a dollar per day payable by the drivers to Dingah. The system does not only allow clients to request for the taxi but also the system comes with a security feature embedded to verify whether the driver is the actual driver registered in the system. This done by the customer requesting the driver for his identification badge and scanning the card for verification purposes. Customers also who have the loyalty card can now enjoy discounts and get loyalty points. 1.5 Dingah Courier -brings out the very first digital address system in the world. In this category Dingah wishes to introduce to the market a model that allows collection and dropping of letters and parcels intracity. The system is configured in such a way that it allows a user to purchase stamp at the rate of a dollar and with this Dingah will collect the parcel and drop it at any location of their choicewithin Kigali. This provides the most convenient and secure way to transport letters and parcels. Users will create digital addresses which enable Dingah to accurately locate their location. At the same time both the sender and receiver of the mail can track their letters. 1.6 Driver in a minute-This are qualified drivers who are called to drive owners of vehicles and chargeable within the system per kilometre. This will reduce cases of drunk driving or when a client has hired a vehicle but is not familiar with the territory then they can utilize these services. The regulator if any may advise on the rate chargeable per kilometre which normally is the same rate chargeable in provision of taxi services without the extra per minute charges. 1.7 Errands- is a system that may equally incorporate motorbike riders and equally young people on foot. The system allows a user who wants a specific task done on their behalf carried out by the errand agent. The errand agent would get a message indicating the tasks required and carry them out. The service would normally be charged at Dollars two (USD.2) within one (1) kilometre radius and any task outside this would be chargeable per kilometre on the same rate of taxi or driver in a minute to carter for transportation costs. Services or any features within the services may vary for different merchant partners on our platform. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for users. It’s therefore the responsibility of the client to do a comparison of the product or services they want before making an informed decision.Dingah Limited may in its sole discretion limit, deny or create different levels of access to and use of any services or any features within the services with respect to different Users. Dingah may launch, change, upgrade, impose conditions to, suspend, or stop any services or any features within the services without prior notice except that in case of a fee-based service, such changes will not substantially adversely affect the paying users in enjoying that service. VI. Prices, Crossed-Out Rates & We Price Match 1.1 The prices as offered by the service providers on our Platform are highly competitive. All prices are displayed including VAT/sales tax and all other taxes subject to change of such taxes and fees, unless stated differently on our Platform or the confirmation email/ticket. Ticket prices are per person or group and subject to validity or expiration as indicated on the ticket, if applicable. Applicable fees and taxes including tourist/city tax may be charged by the service provider in the event of a no-show or cancellation.VII. 1.2 Sometimes cheaper rates are available on our Platform for a specific stay, product, or service, however, these rates made available by service Providers may carry special restrictions and conditions, for example non-cancelable and non- refundable. Check the relevant product, service, and reservation conditions and details thoroughly for any such conditions prior to making your reservation. 1.3 We want you to pay the lowest price possible for your product and service of choice and should you find your property of choice booked through the Platform, with the same Dingah conditions, at a lower rate on the Internet after you have made a reservation through us, we will match the difference between our rate and the lower rate under the terms and conditions of the We Price Match. Our We Price Match promise does not apply to non-accommodations related products and services. 1.4 The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary from time to time. Obvious errors and mistakes including misprints are not binding. All special offers and promotions are marked as such in case of any. If they are not labeled as such, you cannot derive any rights in the event of obvious errors or mistakes. Transactions between Buyers and Sellers 1.1 Though ‘dingah app’ we provide electronic web-based platforms for exchanging information between buyers and sellers of products and services, additionally we provide electronic web-based transaction platforms for clients to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the sites subject to the terms of the transaction services agreement. However, for any services, we do not represent either the seller or the buyer in specific transactions. Dingah does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the sites or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase. 1.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. Dingah uses several techniques to verify the accuracy of certain information. Our paying users provide us when they register for a paying membership service on the Sites. However, because user verification on the Internet is difficult, Dingah cannot and does not confirm each user's purported identity including, without limitation, paying Members. We therefore encourage you to use various means, as well as common sense, to evaluate with whom you are dealing before completing your transaction.1.3 Each user acknowledges that they fully assume the risks of conducting any purchase and sale transactions in connection with using the sites or services, and that they are fully assuming the risks of liability or harm of any kind in connection with subsequent activities of any kind relating to products or services that are the subject of transactions using the sites. Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. 1.4 Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the sites may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end- users of products or others claiming to have suffered injuries or harms relating to products originally obtained by users of the sites as a result of purchase and sale transactions in connection with using the sites may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each user agrees that Dingah shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks. 1.5 Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the sites or services, including, without limitation, terms regarding payment, returns, cancellations warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. 1.6 User agrees to provide all information and materials as may be reasonably required by Dingah in connection with your transactions conducted on, through or as a result of use of the Sites or Services. Dingah has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials. 1.7 In the event that any user has a dispute with any party to a transaction, such user agrees to release and indemnify Dinga hand our agents, affiliates, directors, officers and employees from all claims, demands, actions, proceedings, costs,expenses and damages including without limitation any actual, special, incidental or consequential damages arising out of or in connection with such transaction. VIII. Privacy and Cookies 1.1 IX. X. Dingah respects your privacy and treats the clients information shared with utmost confidentiality and secrecy that is required. Free of charge for consumers 1.1 Unless indicated otherwise, our service is free of charge for consumers because, unlike many other parties, we will not charge you for our service or add any additional reservation fees to the rate. You will pay the provider the relevant amount as indicated in the Reservation plus insofar not included in the price relevant applicable taxes, levies, and fees if applicable. 1.2 Service providers pay a commission being a small percentage of the product price (e.g. room price or sale of products and services) to Dingah after the end user has consummated the service or product of the service Provider (e.g. after the guest has stayed at (and paid) the accommodations). The service Providers can improve their ranking by increasing their commission (Visibility Booster). The use of the Visibility Booster (by increasing the commission in return for a better position in the ranking) is at each service Provider's discretion and may be used from time to time and product to product offered. The algorithm of the ranking will take an increase in commission into account when determining the Default Ranking. Preferred partners pay a higher commission in return for a better position in the ranking. 1.3 Only service Providers which have a commercial relationship with Dingah (through an agreement) will be made available on Platform (for their services and product promotion). Dingah is not an open platform where end users can make their product available; Dingah does not allow non-professional parties to offer or sell their products on or through the platform. Credit Card or Bank Transfer 1.1 If applicable and available, certain service Providers offer the opportunity for Reservations to be paid wholly or partly and as required under the payment policy of the service Provider to the service Provider during the service or product Reservation process, by means of secure online payment all to the extent offered and supported by your bank. For certain products and services, Dingah facilitates through third party payment processors, the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the service Provider (Dingah never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank accountof the accommodation provider through a third party payment processor. Any payment facilitated by us for and on behalfof, and transferred to the service Provider will in each case constitute a payment of (part of) the booking/purchase price by you of the relevant product or service in final settlement of such (partial) due and payable price and you cannot reclaim such paid monies. XI. 1.2 For certain (non-refundable) rates or special offers, note that service Providers may require that payment be made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorized or charged (sometimes without any option for refund) upon making the service Reservation. Check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your service Reservation. You will not hold Dingah liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Service Provider and not (re)claim any amount for any valid or authorized charge by the Service Provider(including for pre-paid rates, no- show, and chargeable cancellation) of your credit card. 1.3 In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges the deductible from you because of unauthorized transactions resulting from a reservation made on our Platform, we will pay you this deductible, up to an aggregate amount of EUR 50 (or the equivalent in your local currency). In order to indemnify you, make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email info@dingah.co.ke. State "credit card fraud" in the subject line of your email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using Dingah’s secure server and the unauthorized use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server. Prepayment, Cancellation, No-shows, and The Fine Print 1.1 By making a Reservation, order of a product or service with a service provider through Dingah platform, you accept and agree to the relevant cancellation and no-show policy of that service Provider in case it’s a hotel reservation, and to any additional (delivery) terms and conditions of the Service Provider that may apply to your booking fee (including the fine print of the Service Provider made available on our Platform and the relevant house rules of the service Provider), including for services rendered and/or products offered by the service Provider.1.2 The relevant (delivery/purchase/use/carrier) terms and conditions of the Service Provider can be obtained with the relevant service Provider. 1.3 The general cancellation and no-show policy of each Service Provider is made available on our Platform on the Service Provider information pages, during the reservation procedure and in the confirmation email or ticket if applicable. Note that certain rates, fees, or special offers are not eligible for cancellation, refund, or change. Applicable city/tourist tax may still be charged by the Service Provider in the event of a no-show or charged cancellation. Check the reservation details of your product or service of choice thoroughly for any such conditions prior to making your reservation. Note that a reservation which requires down payment or wholly or partly prepayment may be canceled without a prior notice of default or warning insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Service Provider and the reservation. Cancellation and prepayment policies may vary per segment, product, or service of each hotel. Carefully read The Fine Print (below the Trip types or at the bottom of each Service Provider page on our Platform) and important information in your reservation confirmation for additional policies as may be applied by the Service Provider (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account, and you will not be entitled to any refund of any (non-refundable) prepaid amount unless the Service Provider agrees or allows otherwise under its (pre)payment and cancellation policy. 1.4 If you want to review, adjust, or cancel your Trip Reservation, revert to the confirmation email and follow the instructions therein. Note that you may be charged for your cancellation in accordance with the service Provider's cancellation, (pre)payment and no-show policy, or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation, and remember to make further payments on time as may be required for the relevant reservation. 1.5 If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to timely/promptly communicate this with the service provider so they know when to expect you to avoid cancellation of your Trip (Reservation) or charge of the no-show fee. Our customer service department can help you if needed with informing the service Provider. Dingah does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the service Provider.XII. XIII. Correspondence and Communication 1.1 By completing a Trip Reservation, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third-party offers to the extent that you have actively opted in for this information) relevant to your Trip (Reservation) and destination, (ii) an email after arrival to rate the (experience with your) Service Provider and the Trip Service, and (iii) an email which we may send to you promptly after your stay inviting you to complete our guest review form. See our privacy and cookies policy for more information about how we may contact you. 1.2 Dingah disclaims any liability or responsibility for any communication by or with the service provider on or through its platform. You cannot derive any rights from any request to, or communication with the service provider or any form of) acknowledgement of receipt of any communication or request. Dingah cannot guarantee that any request or communication will be duly and timely received/read by, complied with, executed, or accepted by the service Provider. 1.3 In order to duly complete and secure your Trip Reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address, or inaccurate or wrong (mobile) phone number or credit card number. 1.4 Any claim or complaint against Dingah or in respect to the service provider must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service (e.g. check out date). Any claim or complaint that is submitted after the 30 days period may be rejected, and the claimant will forfeit the right to any (damage or cost) compensation. 1.5 Due to the continuous update and adjustments of rates and availability, we strongly suggest making screenshots when making a reservation to support your position (if needed). Ranking, Preferred Program, Stars and Guest Reviews 1.1 The default setting of the ranking of Suppliers on our Platform is "Dingah Recommends" (or any similar wording); this is the Default Ranking. Note that the Default Ranking is created through a complex ever-changing and evolving system (algorithm) that considers a multitude of criteria in order to match searchers and accommodations in an optimal way. The actual ranking will be different for each customer and for each search as there are many criteria included, for example the popularity of an accommodation premise among our visitors (e.g. guest reviews), customer service history (including the number and type of guest complaints),certain booking-related data (e.g. number of bookings, cancellations, conversion rate, over bookings, availability, etc.) and the (past) browsing activities of a visitor. On-time payment of commission by accommodations and the commission percentage are also included in the algorithm of the Default Ranking. Note that for convenience we also offer other ways to rank Suppliers. A customer can choose to rank, for example, accommodations on the basis of lowest price first, review scores, accommodation type (etc.). A customer thus has full control on the presentation of the search results. 1.2 In certain regions, Dingah operates a preferred partnership program, allowing certain service Providers that meet and maintain the preferred program terms to be listed ahead of the rest of the service Providers in the default “Recommended” ranking for the relevant region. The preferred service providers are marked with a “thumbs-up” symbol and in return for this high ranking, the preferred Service Provider pays a higher commission. Only service Providers that meet and maintain certain qualification criteria can be listed as preferred. 1.3 The stars used for non-hotel accommodations (e.g. bed & breakfasts) do not correspond to the star ranking system as may be applicable to hotel accommodations. 1.4 Only customers who have stayed at the Accommodation will be invited by Dingah to comment on their stay at the relevant accommodations and to provide a score for certain aspects of their stay or may receive a rating request during their stay or may receive a rating request during their stay. The completed guest review (including submitted rating during your stay) may be (a) uploaded onto the relevant service Provider's information page on our Platform for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the service Provider, and (b) (wholly or partly) used and placed by Dingah at its sole discretion (e.g. for marketing, promotion, or improvement of our service) on our Platform or such social media platforms, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by Dingah and our business partners. In order to offer and maintain recent (and therefore relevant) reviews, reviews can only be submitted within a limited period of time (28 days) after a stay and each review will only be available for a limited period of time (24 months) after posting. The default ranking of the reviews is by date of submission relative to a few additional criteria (such as language, reviews with comments), whereas a review of a customer who [always] submits comprehensive and detailed reviews (aka "Property Scout") may be ranked on top. You have the option to choose various different forms of ranking and filter (e.g. by audience, date, language, score). Dingah does allow the Service Provider to respond to a review. We reserve the right to adjust, refuse, or remove reviews at our sole discretion insofar it violates our review policy. Dingah does not compensate or otherwise reward a customer for completing a review. The guest review form should be regarded as a survey and does not include any (further commercial)offers, invitations, or incentives whatsoever. Dingah undertakes to use its best efforts to monitor and remove reviews that include obscenities or the mention of an individual’s name or reference to stolen goods. 1.5 Dingah will not accept reviews which include: (1) (2) (3) (4) (5) 1.6 XIV. XV. Profanity, sexually explicit, hate speech, discriminatory, threats, violence Mention of full names, personal attack towards the staff Promoting illegal activities (e.g. drugs, prostitution) Sites, emails, and addresses, phone numbers, cc details Politically sensitive comments Dingah and the Service Provider are each entitled to terminate their relationship for whatever reason (including in the event of breach of contract or (filing for) bankruptcy) with due observance of the relevant notice period as agreed between both parties. Intellectual Property Rights 1.1 Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Dingah, its service Providers or partners. 1.2 Dingah exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Dingah. Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our intellectual property rights (including copyright and database right). Disclaimer 1.1 Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we will only be liable for direct damages actually suffered, paid, or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of yourreservation as set out in the Trip Reservation confirmation email (whether for one event or series of connected events). 1.2 However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents, or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents will be liable for (i) any punitive, special, indirect, or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability, and ratings) of the Service Provider as made available on our Platform, (iii) the services rendered or the products offered by the Service Provider or other business partners, (iv) any (direct, indirect, consequential, or punitive) damages, losses, or costs suffered, incurred, or paid by you, pursuant to, arising out of or in connection with the use, inability to use, or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential, or punitive) damages, losses, or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Service Provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors, or affiliated companies) whose products or service are (directly or indirectly) made available, offered, or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure, or any other event beyond our control. 1.3 Dingah is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness, and due disclosure of the Trip and makes no representations, warranties, or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement, or fitness for a particular purpose. You acknowledge and agree that the relevant Service Provider is solely responsible and assumes all responsibility and liability in respect of the Trip (including any warranties and representations made by the service Provider). Dingah is not a (re)seller of the service or product. Complaints or claims in respect of the service (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by the service Provider. Dingah is not responsible for and disclaims any liability in respect of such complaints, claims, and (product) liabilities. 1.4 Whether or not the Service Provider has charged you for your service, or if we are facilitating the payment of the service price or fee, you agree and acknowledge that the Service Provider is at all times responsible for the collection, withholding, remittance, and payment of the applicable taxes due on the total amount of theservice price or fee to the relevant tax authorities. Dingah is not liable or responsible for the remittance, collection, withholding, or payment of the relevant taxes due on the service or product price or fee to the relevant tax authorities. Dingah does not act as the merchant of record for any product or service made available on the Platform. 1.5 XVI. By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that Dingah may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as Dingah at its discretion sees fit. You are granting Dingah a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Dingah at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, property owners) due to Dingah publishing and using these photos/images. Dingah does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of Dingah. Dingah disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Dingah at any time and without prior notice. PRIVACY AND COOKIE POLICY To enhance your experience on our sites, many of our web pages use "cookies". Cookies are small text files that we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personal information unless you choose to provide this information to us by, for example, registering at one of our sites. Once you choose to provide a web page with personal information, this information may be linked to the data stored in the cookie. A cookie is like an identification card. It is unique to your computer and can only be read by the server that gave it to you. We use cookies to understand site usage and to improve the content and offerings on our sites. For example, we may use cookies to personalise your experience on our web pages (e.g. to recognise you by name when you return to our site). We also may use cookies to offer you products and services.Cookies save you time as they help us to remember who you are. Cookies help us to be more efficient. We can learn about what content is important to you and what is not. We can revise or remove web pages that are not of interest and focus our energies on content you want. If you want to control which cookies you accept. You can configure your browser to accept all cookies or to alert you every time a cookie is offered by a website's server. Most browsers automatically accept cookies. You can set your browser option so that you will not receive cookies and you can also delete existing cookies from your browser. You may find that some parts of the site will not function properly if you have refused cookies. Please be aware that if you do not configure your browser you will accept cookies provided by this website. How to see cookies that you have accepted. You can configure your browser to accept all cookies or to alert you every time a cookie is offered by a website's server. We may also use small pieces of software code called "web beacons" or "clear gifs" to collect anonymous and aggregate advertising matrix, such as counting page views, promotion views, or advertising responses. A web beacon is an electronic image, called a single-pixel or clear GIF. Web beacons can recognise certain types of information on users computer, such as a user's Cookie number, time and date of a page view, and description of the page where the web beacon is placed. You may render some web beacons unusable if you choose to reject their associated cookies. These web beacons may be use to deliver cookies that conform with our Cookie Policy XVII. Limitation of Liability 1.1 1.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY DINGAH ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND DINGAH HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKING ARE HEREBY EXCLUDED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DINGAH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; DINGAHDOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED1.3 1.4 1.5 OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND DINGAHMAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES. Each User hereby agrees to indemnify and save Dingah, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Sites or Services (including but not limited to the display of such User's information on the Sites) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Dingah, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Dingah.. Each User hereby further agrees to indemnify and save Dingah, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Sites. Each User hereby further agrees that Dingah is not responsible and shall have no liability to you, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Dingah reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Dingah in asserting any available defenses. Dingah shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following: a) the use or the inability to use the Sites or Services; b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Sites; c) violation of Third Party Rights or claims or demands that User's manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third party rights claimants; d) unauthorized access by third parties to data or private information of any User; e) statements or conduct of any User of the Sites; or; f) any matters relating to Services however arising, including negligence.1.6 XVIII. Notwithstanding any of the foregoing provisions, the aggregate liability of Dingah, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Sites or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to Dingahor our affiliates during the calendar year and (b) the maximum amount permitted in the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Sites or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Term of Use. 1.7 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Dingah has been advised of or should have been aware of the possibility of any such losses arising. Force Majeure 1.1 XIX. Under no circumstances shall Dingah be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. Miscellaneous 1.1 1.2 To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Rwandan law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Rwanda. If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
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