Tideyy Services Agreement

Last updated: Nov 18, 2022

This Tideyy Services Agreement (“Agreement”) is a legal agreement between Tideyy (“we”, “us”, or “our”), and the entity of person (“you”, “your”, or “user”), that govern your right to use the websites, applications, and other offerings from Tideyy (collectively, the “Tideyy App”).

The Tideyy App offers an online venue that enables users (“Members") to perform, request and book services. Members who perform services are “Service Professionals” and Members who request and book, or use services are “Service Users”. Service Professional performs cleaning services and other services (collectively, “Services”). As a provider of Tideyy App, Tideyy own, control, offer or manage Services. Tideyy is a party to the contracts entered directly with Service Users.

You may not access or use Tideyy App unless you agree to abide by all of the terms and conditions in this Agreement.

Service User Term

Requesting and Booking on Tideyy Services

Requesting. You can submit your service criteria and contact details in the service request form. Our client experience personnel will follow up your request based on availability of the Services, and other conditions, by contacting you via any provided means. You may be asked to verify your service criteria again before we give you a quotation for your requested service. We reserve the right to refuse any service request.
Booking. When you book a Service, you are agreeing to provide accurate information, and pay all charges for your booking including the Service price, applicable fees like taxes, and any other items identified during checkout. All payments shall be in Malaysian Ringgit (MYR). When you successfully make a payment, a contract for Services (a “Booking Order”) is formed directly between you and Tideyy. In addition to this Agreement, you will be subject to, and responsible for complying with, all terms of the Booking Order, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Service or during checkout that apply to the Booking Order. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Service. Be aware that some Service Professionals work as part of a team when conducting their Services.

Cancellations, Refunds and Booking Modifications

Cancellations and Refunds. In general, all sales are final and non-refundable. If Tideyy cancels, you may be eligible for rebooking assistance.
Booking Modifications. You can make any booking modifications via the Tideyy App or direct Tideyy customer service, and agree to pay any additional amounts, fees, or taxes associated with any booking modification.

Your Responsibilities and Assumption of Risk

Your Responsibilities. You are responsible and liable for your own acts and omissions. For example, this means: (i) you are responsible to keep money and any valuable items in safe and secure environment, (ii) you are responsible to keep service area safe for Service Professional to perform service, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times.
Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Tideyy App, including use of any Services, participation in any programmes offered by Tideyy, or any other interaction you have with other Members whether in person of online. This means it is your responsibility to investigate a Service to determine whether it is suitable for you. For example, Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Services.

General Term

Tideyy App Rules

You must follow these rules and must not help or induce others to break or circumvent these rules.

Are at least 18 years old
Act with integrity and treat others with respect
Do not scrape, hack, reverse engineer, compromise or impair the Tideyy App
Only use the Tideyy App as authorised by this Agreement or another agreement with us
Honour your legal obligations

Termination, Suspension and other Measures

This Agreement shall remain in full force and effect while you use Tideyy App. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of our Tideyy App (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 this agreement or of any applicable law or regulation. We may terminate your use or participation in Tideyy App or delete any content or information that you posted at any time, without warning, at our sole discretion.

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

Tideyy reserves the right to correct any errors, inaccuracies, or omissions and to modify this Agreement at any time, without prior notice. When we make material changes to this Agreement, we will update the “Last updated” date at the top of this Agreement.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Tideyy App during any downtime or discontinuance of Tideyy App.

Disclaimer of Warranties

We provide the Tideyy App “as is” and “as available” basis without warranty of any kind and we disclaim all warranties, whether express or implied, including, without limitation, the warranties of Service Professionals ability, fitness for a particular purpose and non-infringement. Neither Tideyy nor our affiliates, make any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. The disclaimers in this agreement apply to the maximum extent permitted by law. if you have statutory rights or warranties we cannot claim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

Limitation of Liability

In no event will Tideyy (including our subsidiaries, affiliates, and personnel) 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 Tideyy App, even if we have been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the for the form of action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the one (1) month period prior to the event giving rise to the liability or MYR100 (RM100).

These limitations of liability and damages are fundamental elements of the agreement between you and Tideyy. if applicable law does not allow the limitations of the liability set out in this agreement, the above limitations may not apply to you.

COVID-19 Acknowledgement of Risk and Exclusion of Liability

You understand that while we have undertaken reasonable steps to lessen the risk of transmission of COVID-19 in connection with the Services, we are not responsible in any manner for any risks related to COVID-19 in connection with the Services. By using the Tideyy App and Services, you are fully aware that participation in the Services (including allowing access by our Service Professionals onto your premises of service) carries with it certain inherent risks related to COVID-19 transmission (“inherent risks'') that cannot be eliminated regardless of the care taken to avoid such risks. Inherent risks may include, but are not limited to, (i) the risk of coming into close contact with individuals or objects that may be carrying COVID-19, (ii) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals.

By allowing us to render Services to you, you agree that we shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from or relating to the Services.

Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at our option), indemnify, and hold us harmless (including our subsidiaries, affiliates, and personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your improper use of the Services, (ii) your breach of this agreement (including any supplemental or additional terms that apply to a product or feature) or our Privacy Policy, (iii) any breach of your representations and warranties set forth in this Agreement, (iv) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights, or (v) any overt harmful act toward any other user of the Service with whom you connected via the Service.

Governing Law and Dispute Resolution

This Agreement, your use of the Tideyy App and the Services, and all related matters are governed solely by Malaysian laws, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.

If a dispute arises between you and Tideyy, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Tideyy hereby agree that we will resolve any claim or controversy at law or equity that arises out of the Agreement or the Services or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Force Majeure

Tideyy shall no be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.