1-INTRODUCTION
Welcome to Ruka Ruka Ruka, the mobile application that helps you find the best professionals for small home repairs.
In just a few clicks, make your request and get ready to welcome our professional to your home or office.
Please read the Terms of Use (” Terms of Use”) carefully before downloading, installing or using the service owned and operated by Ruka Technologies (“we”, “us” or “our”). By downloading, installing or using the Service, you agree to be bound by these Terms of Use and Privacy Policy of Ruka Technologies .
If you do not agree with these Terms of Use, you are not authorized to download, install or use the service.
These General Terms and Conditions ( General terms and conditions (“Ruka”) contains information about Ruka Technologies (hereinafter defined as “Ruka”). Ruka Technologies(“we”, “us”, “our” or “ours”, as the context requires) and form the legal agreement between you and us for the use of the website or user application. Please read this document carefully and consult it regularly as we may update and modify these Terms and Conditions from time to time without notice.
2-HOW THE SERVICE WORKS
Ruka Technologies provides mobile applications and web application technology that connects users (“you” or the “USERS”) needing to have home services performed, with service providers willing to perform these assignments (“SERVICE PROVIDERS”).
Ruka Technologies, by the nature of its business, excludes all legal, fiscal and social responsibility for the activities of service providers.
You connect with users or service providers by booking jobs on the mobile application or manually via the web application by the administrator. Ruka Technologies . They are then allocated to users and service providers operating in your geographical area whose services match your requirements via the Ruka Technologies administrator’s web application or the service provider’s mobile application.
Once the assignment has been selected, “USERS” will pay the service fee via the Ruka mobile application, and then launch the request.
Payment for this service is in no way linked to Ruka Technologies and Ruka Technologies is not responsible for any legal action between the “USERS” and the “SERVICE PROVIDER”.
Ruka Technologies is not an employer of service providers or a contracting agency and acts solely as a facilitator of the service transaction between users and the service provider by operating the user’s website or application and the service provider’s website or application.
There is no contract between Ruka Technologies and the users for the accomplishment of the missions. Ruka Technologies has no control over the conduct of service providers or the satisfactory completion of an assignment, which is determined solely between the parties.
You acknowledge that when you book an assignment on the user application or manually via the administrator web application, you are entering into a direct contract with the service provider. The terms of the contract are set out below. However, the user and the service provider are free to adapt or modify the conditions as they see fit by mutual and express agreement.
Ruka Technologies is not a party to any agreements between you and service providers.
It is a condition of use of the user’s or service provider’s mobile application that you acknowledge that you have complete control over your own conduct and that Ruka Technologies disclaims all liability in this regard.
3-DEFINITIONS
In this agreement, the following terms have the meanings defined below:
- “Account”, means your account with Ruka Technologies which is created by registering and providing certain mandatory details during the registration process.
- “Additional Payment” means payment due to the Service Provider in respect of additional work and/or costs and expenses.
- “Additional services” refers to other services distinct from the mission and other than those required to complete it.
- “Additional work” refers to work that the service provider deems necessary to complete the assignment but which exceeds the original assignment booked on the user’s mobile application or manually by the administrator via the web application.
- “Ruka Technologies” refers to Ruka Technologies, a commercial activity of a company registered in Canada.
- “Costs and Expenses” means costs and expenses incurred by a User or Service Provider to acquire materials, parts and/or supplies (but for the avoidance of doubt, not tools) which are, from the User’s or Service Provider’s point of view, necessary to complete the assignment and which are not included in the fees quoted at the time of booking the assignment.
- “Web Application or User Application” means any web application or mobile application or other interface that is: owned by Ruka Technologies (including, but not limited to www.getruka.com); operated on a white label basis by Ruka Technologies; or powered or managed by Ruka Technologies, (Each as modified and/or updated by us from time to time) for the purpose of enabling you to book assignments and connect to service providers.
- “Dispute” means a disagreement between the user and a service provider indicating that an assignment has not been satisfactorily described or completed.
- “Mission” refers to the work requested by the user on the user’s web application or application.
- “Parties” refers jointly to the user and the service provider.
- “Premises” refers to your premises where the mission is carried out.
- “Service Provider Website or Application” means any web application or mobile application or other interface that is :
a) the property of Ruka Technologies;
b) operated on a white label basis by Ruka Technologies; or
c) powered or managed by Ruka Technologies,
(each as amended and/or updated by us from time to time) for the purpose of enabling service providers to be informed of, and to accept, assignments booked by users.
Defined terms will have the same meaning if they appear in the singular, plural, masculine or feminine or as the context requires.
Clause headings are inserted for convenience only and do not affect the interpretation of these Terms and Conditions.
4-USING THE USER’S APPLICATION
The main aim of the user application is to enable you to book assignments and connect with qualified service providers to carry out these assignments.
The user’s application must not be used by anyone who does not intend to browse the services and book a mission. You therefore agree that under no circumstances will you use the application for any purpose other than to book an assignment or to browse the services in good faith for the purpose of booking an assignment at this time or in the future.
We do not warrant that any part of the user’s application will operate without interruption or error and we accept no liability for loss or damage caused by any interruption or error in any part of the user’s application.
As a user of the user application, you :
must be at least 18 years old;
must accept :
a) register, create an account and use our user application for your personal or business use only;
b) not to authorize others to use your account, and you may not assign or transfer your account to any other person or entity;
c) register only one account per person or entity; and be responsible for maintaining the confidentiality of your registration information (including your password).
We reserve the right to :
- refuse to provide access to the User Application to any person, company or other entity, at any time, without explanation, consequence or liability;
- withdraw a service from the user’s application, without any obligation to give prior notice. Ruka Technologies shall not be liable for any loss, cost or expense arising from such refusal or deletion.
You assume all risks associated with the use of the User Application, including, but not limited to, any risks associated with interaction with other persons.
You acknowledge that Ruka Technologies is unable to guarantee the accuracy of information provided to you by others and that it is your responsibility to confirm such information to your own satisfaction before cooperating with them.
While Ruka Technologies takes reasonable precautions to screen service providers, you are solely responsible for taking appropriate security precautions in connection with your use of the User Application and engagement of a service provider.
You agree not to use the Website or the User Application in any unlawful manner and in particular you must not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;
publish, reserve, upload, distribute or disseminate (“post”) information that is inappropriate, defamatory, abusive, libelous, obscene, discriminatory or otherwise unlawful;
post any information that infringes any patent, trademark, copyright, trade secret or other proprietary right of any person;
cause the user’s application or any part thereof to be interrupted, damaged, rendered less efficient or otherwise affect the effectiveness or functionality of the application; or
restrict or inhibit any other user from using and enjoying the user’s application.
While we take steps to prevent misuse of our systems, we cannot guarantee that the application will be free from viruses or other malicious code or content and disclaim all liability for loss or damage caused by the transmission of such content or code.
5-OPENING AN ACCOUNT AND REGISTERING FOR THE APPLICATION
In order to book a mission, you need to register as a user via the user app, which is available as a free download on iOS App Store / Android Play Store, accessible via the Ruka Technologies website.
In completing the registration process, you will be asked to provide details including, but not limited to, your full name, email address and telephone number.
You warrant that the information you provide during the registration process and while using the User Application is true, true about you and completely accurate.
You are responsible and liable for all information you upload. Details of how Ruka Technologies may use information and content are provided in the Privacy Policy. Ruka Technologies reserves the right, _but not the obligation_, to monitor information submitted to the user’s applications as well as to the service provider, and to remove any information or materials that, in our sole opinion, violate any applicable law. For example: on the letter or spirit of these General Terms and Conditions, or at the request of a third party.
6-BOOKING MISSIONS
You can use our user application to book a mission. Service rates will be provided by “Ruka Technologies” on a per job basis. Each mission corresponds to an estimate with a minimum and maximum price for the mission by “Ruka Technologies”, and it is your responsibility to verify this price in order to confirm the request.
When booking a job, you’ll make sure you select the right service for the job.
Users are expected to provide service providers offering a cleaning service with all cleaning products, mops and vacuum cleaners, and other reasonable arrangements can be made for other trades.
When you select an assignment on the user application, you are responsible for making the payment directly via the Mobile application using the direct credit card payment method. The exact amount will be deducted by the service provider after completion of the assignment.
7-ASSIGNMENT COMPLETION
Ruka Technologies will provide service providers within your geographical area, notified of the assignment you have booked, with details of the assignment and the full address of your request for it to be carried out.
Your details will remain confidential until a service provider accepts your assignment and is within five (5) minutes of your home.
A service provider may accept or reject the assignment and we do not guarantee that you will receive a response to a booked assignment or that responses will meet the requirements you have specified.
We will inform you if there is no suitable service provider working in your area who is capable of carrying out your assignment. From the moment a service provider accepts the assignment, information about you (including name and premises details) will be provided to them.
The Ruka mobile app will provide an automatic estimate of arrival time.
Ruka Technologies and the service provider each reserve the right to propose alternative dates and time slots if the service provider is unable to comply with the original requirements of your assignment.
The provision of an assignment on a date prior to that available on the website or on the user’s application when booking an assignment is subject to availability(s), depending on the pre-established schedule of service providers.
Ruka Technologies assumes no responsibility in the event that a service provider who has accepted the assignment is unable or unwilling to complete the assignment at the requested time.
If :
Should you fail to provide complete information at the time of booking an assignment, or should the service provider be reasonably unable to assess the requirements of the assignment remotely, then the service provider may, upon arrival at the premises, estimate that additional work will be required to complete the assignment.
In these circumstances, the user and the service provider must agree on the scope of this additional work and its remuneration before commencing any work required to complete the assignment;
Or
If a service provider incurs additional costs and expenses, they will agree this with you in advance and you will be required to pay for these costs and expenses on the price change via the Ruka Mobile Application.
Payments for additional expenses may be made directly to the service provider, and in all cases must be authorized and paid directly between the two parties before the mission is carried out.
If, once the service provider arrives on your premises, you need to request additional services, these must be requested via a new assignment booking on the website, on the user’s application or by modifying the price if it’s for the same service.
We advise you to request proof of applicable trade accreditations, qualifications, registrations and proof of identification from the service provider prior to any work commencing on your premises. Service Providers must agree to comply with any reasonable accreditation, registration, certification, qualification, experience or requests for proof of ability submitted by you.
You agree to treat the service provider with respect when carrying out the assignment and to be polite and courteous in your dealings with them.
You agree to move all furniture and objects to enable the service provider to have clear access to the premises and carry out the assignment.
8- MISSION CANCELLATION
Notwithstanding any rights you may have to cancel engagements under the current Commercial Contracts Regulations or the Consumer Protection Regulations, you may cancel :
Your current request via the Ruka Mobile Application within five minutes of your request; or
if you have failed to comply with the cancellation provisions of clause 8.1 above.
The amount payable in cancellation charges will depend on the time of cancellation and the type of mission booked.
For cancellation conditions on each service, send an e-mail to contact@getruka.com, visit our general FAQs.
If the service provider arrives at the premises and is unable to contact you or gain access to the premises, they will send you a message and attempt to contact you for 20 minutes, after which you will be billed directly by the service provider.
- Minimum number of hours for the mission ;
- The mission price is fixed (depending on the case) and the mission will be cancelled.
9-NOTICE
Users are encouraged to offer their opinions each time a mission is completed. You agree to provide a prompt review that is true and fully reflects your experience with the service provider with whom you have engaged.
Service providers have the option of giving feedback to users who have used their services.
Ruka Technologies reserves the right to terminate the account of any user who repeatedly submits bad reviews or who publishes inaccurate, unfair or defamatory reviews; or who does not respect the rules of deontology and ethics with regard to service providers.
Users’ opinions may be published on the service provider’s profile and may be consulted and taken into consideration by other users.
10-LITIGATION AND DISPUTE RESOLUTION
If you are not satisfied that a service provider has carried out the work to the performance and/or quality you could reasonably expect, you may dispute this directly with the service provider.
Subject to clause 11 below, Ruka Technologies will only take part in a dispute as a mediator.
In the event of a dispute, the parties hereby agree to act at all times reasonably and in good faith, to negotiate a settlement and hereby acknowledge that the responsibility for reaching a mutually agreed settlement rests with them.
You acknowledge that Ruka Technologies has the right to provide your contact information to the service provider in order to find a solution, and may provide you with the service provider’s contact information.
You agree to keep the information provided to you about the Service Provider under this Agreement confidential and to use it only for lawful purposes.
11-DAMAGE OR DAMAGE RESULTING FROM AN ASSIGNMENT
If you suffer loss or damage to your premises or property or to any service related thereto and you attribute the loss or damage to a service provider, the parties shall first attempt to determine who should be liable for such loss or damage.
You agree not to accuse the Service Provider of having damaged goods that were already damaged in any case or have been damaged by a third party.
Service providers are required to take out third-party liability insurance. However, in no event will Ruka Technologies be liable to either party for any direct, indirect, consequential, special or punitive loss arising out of your engagement of a service provider to perform work and to the extent that we may be held liable under these Terms and Conditions or at Law.
Notwithstanding any other provision, nothing in these Terms and Conditions shall exclude or limit your liability for death or personal injury caused by your negligence, fraud or fraudulent misrepresentation, or any other liability which cannot lawfully be excluded or limited.
If you are dissatisfied with the User’s or Service Provider’s Application or with these Terms and Conditions, your sole remedy is to discontinue using the User’s or Service Provider’s Application.
Other than as set out above in this clause 11, and notwithstanding any other provision of these Terms and Conditions, we will not be liable to you or to any third party acting on your behalf, whether in contract, tort, negligence, statutory duty, misrepresentation or otherwise, for any indirect or consequential loss, cost, expense, fine or damages, indirect or consequential damages arising out of or in any way connected with these Terms and Conditions including, but not limited to, business interruption, loss of profits, loss of business information, loss of data or any other pecuniary loss (even if we have been advised of the possibility of such loss or damage).
Without limiting the foregoing, we shall have no liability for any failure or delay resulting from any matter beyond our control.
Except as expressly provided in these Terms, all conditions, warranties and obligations which may be implied or incorporated into these Terms by statute, common law or otherwise and any liability arising therefrom are expressly excluded to the fullest extent permitted by law.
Each of the provisions of this Clause 11 shall be construed separately and independently of the others.
12-PAIEMENT
Payment for an assignment is made directly via the Ruka mobile application once the desired service has been selected and before the service provider search request is launched.
Ruka Technologies does not directly hold your payment card information.
In the event that you pay the service provider in cash for additional work and/or costs or expenses :
we advise you to obtain a receipt for all sums paid; and
such additional work and payment shall not be covered by these General Terms and Conditions.
13-PRIVATE COMMITMENT
You agree to offer assignments (and accept offers) privately to service providers with whom you have previously worked through Ruka Technologies.
If you request a service provider to perform work (other than additional work) outside of the user application, Ruka Technologies: reserves the right to terminate your access to the user application; and will not be able to negotiate a dispute in this regard, and you will not enjoy the protection afforded by these Terms and Conditions in this regard.
14-MANQUEMENT
If you become involved with a service provider who you believe has acted in an inappropriate manner towards you, including but not limited to offensive, violent or sexually inappropriate behavior, you must immediately report this to the appropriate authorities and then to Ruka Technologies at contact@getruka.com quoting the name and location indicated in the mission details. Your report may lead us to investigate such behavior, but we are not obliged to take any action beyond what is required by law, and we will incur no further liability or expense.
15-DATA PROTECTION
Ruka Technologies is registered under the Data Protection Act and we respect the confidentiality of the information you provide to us. Subject to the provisions of clause 10.3 and for the purpose of carrying out the assignments you have booked or with your express consent, we will never pass information about our users to third parties outside the processing envisaged by these Terms and Conditions, unless we are obliged to do so by law.
16-GENERAL CONDITIONS
If any term or condition of these Terms and Conditions is held to be illegal or unenforceable, such provisions shall be severed and the remainder of these Terms and Conditions shall continue in full force and effect unless the business purpose of these Terms and Conditions is substantially frustrated, in which case it shall terminate without further liability.
You may not assign or transfer any of your rights hereunder without our prior written consent. We may assign, transfer or subcontract all or part of our rights at any time without consent.
No waiver shall be effective except in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting in the event of a continuing or subsequent breach or default.
These Terms and Conditions constitute the entire agreement with respect to its subject matter and supersede and extinguish all prior communications, representations (other than fraudulent misrepresentations) and understandings, whether written or oral.
You acknowledge that you have not relied on any representation made but not expressly stated in these Terms and Conditions.
Any notice to be given under these Terms and Conditions may be given by electronic mail, regular mail or by hand delivery to the address provided at the time of registration via the website or application of the user or service provider.
Nothing herein shall create or be deemed to create a joint venture, principal-agent or partnership relationship between the parties and neither party shall represent itself in its advertising or otherwise in a manner that would indicate or imply such a relationship with the other.
Notwithstanding any other provision of these Terms and Conditions, a person who is not a party hereto shall have no right under the Contract Laws (Third Party Rights) to rely upon or enforce the terms of these Terms and Conditions.
These Terms and Conditions shall be governed by the laws of Morocco and the parties submit to the exclusive jurisdiction of the Moroccan courts.