Legal

Last updated on October 17, 2024

Terms of Use
Welcome to Diggy Ltd (trading as Diggy.app)

An asset management, IoT telematics/tracking, and equipment rental marketplace serving customers in Africa and the Middle East. By accessing and using our website, and web or mobile application ("Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you may not use the Platform.

1. User Eligibility

• You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use Diggy's services.

2. Account Registration

• To use certain features of the Platform, you need to create an account.
• You agree to provide accurate and up-to-date information during registration and to keep your account credentials confidential.
• You are responsible for all activities that occur under your account.
• Diggy reserves the right to refuse registration of, or cancel accounts it deems inappropriate.

3. Account Deletion and Data Retention

• Upon deletion of your account, it will be made inactive, and you will no longer have access to the services provided through the Platform.
• Your data will remain stored securely in our system, and no further processing will occur unless required by law.
• To permanently delete your data, contact your organisation's administrator or reach out to us at [email protected].

4. User Conduct
You agree to use the Platform responsibly and in compliance with all applicable laws. Prohibited conduct includes, but is not limited to:

• Violating any intellectual property rights of Diggy or others.
• Uploading, transmitting, or distributing any harmful, offensive, or illegal content.
• Attempting to gain unauthorised access to the Platform or other users' accounts.
• Interfering with the proper functioning of the Platform or its infrastructure.
• Replicating, copying, or sharing screenshots or access to the Platform with the intent of replicating it or competing in the same market segments and geographies.

5. Asset Management and Equipment Rental

• Diggy facilitates the rental of assets and equipment between organisations, and the asset management, tracking, and telematics of assets within an organisation and between users.
• While we strive for accuracy, we do not guarantee the availability, condition, or performance of any assets or equipment listed.
• Users must verify and agree upon rental terms directly with asset owners or renters.
• Diggy is not a party to these rental agreements and is not liable for any disputes arising from them.

6. User Content

• By submitting any content (including reviews, comments, images) to Diggy, you grant us a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable right to use such content for promotional and other purposes related to the Platform.

7. Intellectual Property

• All content and materials on the Platform are the property of Diggy or its licensors.
• You may not reproduce, copy, mimic, reverse engineer, or use any of these materials without prior written consent from Diggy.

8. Third-Party Websites and Services

• The Platform may contain links to third-party websites or services.
• Diggy does not endorse or take responsibility for the content or practices of such third parties.
• Your use of third-party websites or services is at your own risk.

9. Limitation of Liability

• To the extent permitted by law, Diggy shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of your use of the Platform.
• Diggy's total liability shall not exceed the fees paid by you to Diggy for the services under this Agreement in the 12 months prior to the act that gave rise to the liability.

10. Indemnification

• You agree to indemnify and hold Diggy, its officers, directors, employees, agents, and affiliates harmless from any claims arising from your use of the Platform or violation of these Terms.

11. Modification of Terms

• Diggy reserves the right to modify these Terms at any time.
• Updated Terms will be posted on the Platform, and your continued use constitutes acceptance.

12. Termination

• Diggy may terminate your access to the Platform at any time without prior notice.
• Upon termination, Diggy will make all your data available for electronic retrieval for thirty (30) days, after which it may be deleted.

13. Governing Law and Jurisdiction

• These Terms are governed by and construed in accordance with the laws of the Abu Dhabi Global Market (ADGM), United Arab Emirates.
• Any dispute arising out of these Terms shall be subject to the exclusive jurisdiction of the ADGM Courts.

14. Tracking and IoT Telematics Devices

• Diggy provides tracking and IoT telematics devices on a subscription basis.
• Devices remain the property of Diggy.
• If devices are damaged, lost, or stolen, you are liable for replacement and reinstallation costs.
• Early termination may result in penalties to recover associated costs, including but not limited to recovering capital expenditure of hardware, shipping, setup and provisioning, and installation costs incurred.

15. Non-Disclosure and Confidentiality

• Both parties agree to keep all non-public information confidential.
• Confidentiality obligations survive for five (5) years following disclosure.

16. Non-Compete

• During your use of the Platform and for twenty-four (24) months thereafter, you agree not to employ or solicit for employment any employees of Diggy without prior written consent.
• In the event of a breach, you shall be liable to pay damages to Diggy.

17. Fees and Payment

• Fees are based on the subscription plan specified.
• Payment is due within fourteen (14) days of the invoice date.
• Late payments may result in suspension of access.
• Subscriptions are charged on a per asset per month basis.

18. Service Level Agreement (SLA)

• Availability: While we endeavour to maintain 95% uptime, no uptime guarantees are provided.
• Support: Technical support is provided during business hours via email and phone.
• Maintenance: Scheduled maintenance will be communicated at least 48 hours in advance.

19. End User Licence Agreement (EULA)

• By using the Platform, you agree to the EULA terms, including restrictions on reverse engineering and sublicensing.

20. Dispute Resolution

• Any disputes will be resolved through binding arbitration under the rules of the ADGM Arbitration Centre.
• The parties consent to the exclusive jurisdiction of the ADGM Courts.

21. Miscellaneous Provisions

• Entire Agreement: These Terms constitute the entire agreement between the parties.
• Severability: If any provision is invalid, the remaining provisions remain in effect.
• Force Majeure: Neither party is liable for failure to perform due to causes beyond their control, such as natural disasters or acts of war.
• Assignment: You may not assign these Terms without prior written consent from Diggy.
• Press Releases: Neither party shall issue any press releases or public announcements regarding the existence or terms of this Agreement without the prior written consent of the other party.

Thank you for using Diggy.app. We strive to provide a secure and efficient platform for asset management, tracking, and equipment rental marketplace services.

If you have any questions or concerns, please contact us at [email protected].

Last updated on October 18, 2024

Privacy Policy

At Diggy Ltd ("Diggy", "we", "our", or "us"), we value the privacy and security of our users' personal information. This Privacy Policy outlines how we collect, use, disclose, and safeguard your information when you access or use our asset management and equipment rental marketplace services in Africa and the Middle East (collectively, the "Services").

1. Information We Collect

1.1 Personal Information

• When you create an account or use our Services, we may collect personal information, including:
  
  • Name
  • Email address
  • Phone number
  • Any other information you voluntarily provide

1.2 Usage Information

• We automatically collect information about your use of the Services, including:
  
  • Device information
  • Browser type
  • Operating system
  • Pages accessed on our Platform

1.3 Cookies and Similar Technologies

• We use cookies and similar technologies to enhance your experience.
• These technologies help us collect information about your browsing patterns and preferences.

1.4 Third-Party Sources

• We may receive information about you from third-party sources, such as business partners or social media platforms, in accordance with their privacy policies.

2. How We Use Your Information

2.1 Service Provision

• To provide, maintain, and improve our Services.
• To process transactions and communicate with you about your account.

2.2 Personalisation

• To personalise your experience and suggest relevant equipment.
• To display tailored content and advertisements.

2.3 Marketing

• With your consent, to send promotional materials and offers.
• You can opt-out of marketing communications at any time.

2.4 Analytics and Insights

• To analyse user behaviour and improve our Platform.

2.5 Legal Compliance

• To comply with applicable laws and respond to legal requests.

3. How We Share Your Information

3.1 Service Providers & Resellers

• We may share your information with third-party service providers and resellers who assist us in delivering our Services.

3.2 Business Partners

• We may share certain data with business partners to offer integrated services or promotions.

3.3 Legal Requirements

• We may disclose your information if required by law or to protect our rights and safety.

3.4 Aggregated or Anonymised Data

• We may share aggregated or anonymised data for research or analytics purposes.

4. Data Security

• We implement industry-standard security measures to protect your personal information.
• However, no method of transmission over the internet is entirely secure.

5. Your Choices

5.1 Account Information

• You can review and update your account information by logging into your account.

5.2 Marketing Communications

• You can opt-out of receiving marketing communications.

6. Children's Privacy

• Our Services are not intended for children under the age of 18.
• We do not knowingly collect personal information from minors.

7. Changes to this Privacy Policy

• We may update this Privacy Policy from time to time.
• Updated versions will be posted on our Platform with the effective date.

8. Contact Us

• If you have any questions or concerns, please contact us at [email protected].

Thank you for choosing Diggy.app!