1. ABOUT AGATHA SMART HOME SERVICES
Agatha Smart Home Services platform UAE (hereinafter referred to as “Agatha”) operates and manages an online platform at agathame.com, via which customers can reserve house related services with AGATHA’s well trained professional teams.
Once a booking request has been submitted, Agatha automatically assigns the order to one of its dedicated team for execution.
The Agatha platform serves as a website operator and service provider. As part of this, Agatha assures and manages service delivery of the highest quality for 100% customer satisfaction.
This document details the Terms and Conditions of Use by any individual, hereinafter referred to as “the User/ Users”, of the Agatha agathame.com website, hereinafter referred to as “the Website”.
By utilizing the Website, Users acknowledge that they have read and accepted these Terms and Conditions, which is, in turn, a requirement for using the Website and shall constitute the entire agreement between each User and Agatha. Users are therefore encouraged to review this document carefully before utilizing the Website. It can be saved and/or printed from the User’s internet browser at any time.
Thus, the User and AGATHA agree as follows:
3. TERMS AND CONDITIONS OF USE
- Users’ access to and use of this Website is governed by these Terms and Conditions of Use.
- Agatha may, from time to time, review the Terms and Conditions of Use and reserves the exclusive right to change them (without notice to the User) by updating the Agreement. Any such changes will take immediate effect from the date of the re-publication of this Agreement, emended accordingly, on the Website.
- By continuing to use the Website at any time after these Terms and Conditions have been emended and republished, Users indicate that they accept these changes. Users should thus regularly review the latest version of this Agreement, as available on the Website
- Users acknowledge that any hyperlinks or other redirection tools to other websites or links operated by third parties (“Third-Party Sites”) that appear on the Website are not operated by Agatha and do not form part of the Website or the Agreement. Users agree that they will not hold Agatha liable or in any way accountable for anything that occurs on any Third-Party Site.
4. GENERAL PROVISIONS
- Any provision of, or the application of any provision of these Terms and Conditions of Use that is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
- Any provision of, or the application of any provision of these Terms and Conditions of Use that is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
- If a clause is void, illegal or unenforceable, it may be cancelled without affecting the enforceability of the other provisions in these Terms and Conditions of Use.
- These Terms and Conditions of Use shall be governed by and construed in accordance with the laws and the applicable federal laws of the United Arab Emirates.
- The Parties agree that any dispute arising out of the Terms and Conditions of Use that cannot be amicably resolved in accordance with the above shall be submitted to the exclusive jurisdiction of the Courts of Dubai.
5. ACCEPTANCE OF TERMS AND CONDITIONS OF USE
- In order to use this Website and make a booking request, the User must first agree to the Terms and Conditions of Use.
- To create a user profile, the User is required to fill out Agatha’s online registration form and submit his/her completed form by clicking on the corresponding button after acknowledging his/her agreement to the Terms and Conditions of Use. Agatha will then send a confirmation email to the User containing the details of his/her profile.
- The User may not accept the Terms and Conditions of Use or access the Website if he/she is not of legal age to form a binding contract with Agatha or if he/she has been barred from entering into contracts under applicable legislation, in which case, the User must immediately leave the Website.
- The User’s acceptance of these Terms and Conditions of Use is clear and indisputable proof that they are not unconscionable, there is no unfair bargaining power or position, there is no duress, and he/she has carefully read and understands the Terms and Conditions of Use. If the User does not understand any part of the Terms and Conditions of Use, he/she should seek independent legal advice before using it or any of Agatha’s services.
- By creating a user profile, the User acknowledges that the information he/she has provided is true and that he/she will update this information to ensure that his/her user profiles are always accurate and up to date. The User can update his/her profile by logging into his/her account and making the necessary changes.
6. AGATHA USER PROFILES
- The User will be required to register his/her personal information, including names, addresses, phone numbers, and email addresses (i.e. create a “user profile”) on the Website in order to make a booking request.
- The User will receive an email confirmation with the username and password linked to his/her user profile. Each username and password combination is unique and is not transferable. As such, the User is responsible for all information posted on or transmitted via the Website as well as any payments due for the booked services acquired by anyone using his/her username and password. The User must notify Agatha immediately of any possible security issues with regards to his/her username and/or password.
- Only one user profile may be registered per User. Agatha reserves the right in its sole discretion to delete any user profile it believes to be duplicative and to block and/or ban any user from any further use of the Website.
- Agatha may, at its sole discretion, terminate the User’s ability to use or access the Website at any time. If the User’s access to the Website is thus terminated:
- Agatha will notify the User by email or through contact centre;
- the User is no longer authorized to access the Website or use any other Agatha services with the details, including the email address used to register with the Website or any other email address the User may possess, as provided in the user profile; and
- all licenses granted by the User and all disclaimers by Agatha and limitations of Agatha’s liability set out in the Terms and Conditions of Use or elsewhere on the Website will survive termination.
- The User may terminate this agreement by emailing Agatha at firstname.lastname@example.org and Agatha will disable his/her user profile within fourteen (14) working days of receiving the email.
- Agatha reserves the right to deduct any outstanding fees and charges owed to it by the User on his/her user profile prior to disabling it.
7. BOOKINGS AND BOOKING REQUESTS
- To make booking requests, the User must visit the Website and log into his/her user profile. All booking requests are subject to a minimum service duration provided in the booking request and on the pricing page. Agatha will email booking requests confirmation to Users after payments are confirmed.
- Agatha will then share the User’s’ contact details, service location, scheduled booking time, and the scope of the service to its operations team.
- This Website is here to enable Users to make booking requests, complete payments for booked services and guarantee high-quality service experiences, and for no other purposes.
- The User confirms that he/she is at least 18 years of age and has the legal authority to use the Website in accordance with these Terms and Conditions of Use. The User also agrees that all the information he/she supplies in using the Website will be true and accurate at all times.
- Speculative, false or fraudulent booking requests are not permitted. The User agrees that the Website will only be used to make legitimate booking requests. The User acknowledges that, if he/she abuses the Website, he/she may be denied access to it in the future.
- Agatha has the right, at any time, to add, change or withdraw functions available on the Website at its sole discretion.
- The User is prohibited from advertising on the Website and its forum.
8. PAYMENTS AND TRANSACTION SECURITY
- The User agrees that, at the time of any booking request, Agatha will transfer his/her payment details to the Payment Service Provider for online processing.
- Once the User has completed each online booking, Agatha will email him/her a payment notification via the Payment Service Provider. Once this has been issued, the User agrees to the automatic processing of payments by the Payment Service Provider.
- Agatha has taken various technical and systems measures to ensure that Users’ information is protected. A payment gateway is used to process all transactions, debit and credit card details. AGATHA does not give any warranty or make any representation regarding the strength or effectiveness of the payment gateway (single payment mode and recurrent payment mode, 3D Secure and Non-3D Secure/Non CVV, respectively) is not responsible for events arising from unauthorized access to Users’ information.
- In case of COD, the customer will be provided with the automated invoice before the end of the service day. For any additional information, the User will contact Agatha contact centre.
9. BOOKING CHANGES AND CANCELLATIONS
- The User may cancel or change booking requests on the Website, free of charge, up to 24 hours before the Scheduled Booking Time.
- If the User cancels or changes a booking request less than 48 hours in advance of the scheduled booking time, he/she will have to contact the contact centre for further assistance.
- The User cannot change or cancel a booking request during or after the performance of the booked services.
- The Service Agreement will expire once the booked services have been
- If the user would like to cancel Special Items cleaning booked for Agatha Laundry Service, handling charges of AED 35/- will apply.
10. DISPUTE RESOLUTION
- Both the User and Agatha will do everything reasonably possible to resolve any dispute concerning the use of the Website amicably.
- Any dispute in relation to the booked services carried out by Agatha must to referred to Agatha contact centre for resolution in accordance with the term of the Service Agreement.
11. USER PRIVACY
- The User agrees not to hold Agatha responsible for any breach, disclosure, action, loss or damage whatsoever as a result of its collection and storage of his/her personal and other related details.
- The User agrees and consents to Agatha having his/her information (including names, addresses, email addresses, phone numbers, and any other information), at its discretion, in order for Agatha to carry out the booked services.
12. INTELLECTUAL PROPERTY
- The site content is protected by copyright and Agatha reserves all Intellectual Property Rights that may subsist in the Website and/or its contents.
- By accepting the Terms and Conditions of Use, the User is granted a non-exclusive license to:
- view the Website;
- print pages from the Website in its original form; and
- download any material from the Website for caching purposes only.
- The User must not, without Agatha’s prior written consent, which may be withheld at its absolute discretion:
- copy, republish, reproduce, duplicate or extract Website content;
- redistribute, sell, rent or license any Website content; or
- edit, modify or vary the Website content.
13. DEFINITION OF ACCEPTABLE USE
- The User must not use, or cause this Website to be used in any way that:
- breaches any clause of the Terms and Conditions of Use;
- infringes Agatha’s or any third-party’s Intellectual Property Rights;
- is fraudulent, illegal or unlawful; or
- causes impairment of the availability or accessibility of the Website.
- The User must not use, or cause this Website to be used as a medium that stores, hosts, transmits, sends or distributes any material that consists of:
- spyware; computer viruses; Trojans; worms; keystroke loggers; or any other malicious computer software.
14. INDEMNITY AND LIABILITY
- The User hereby indemnifies Agatha against any claim, action, damage, loss, liability, cost, charge, expense or payment (including any legal fees) that Agatha may pay, suffer, incur or be liable for, in relation to any act the User performs or causes to be performed in relation to the Terms and Conditions of Use and in relation to the booked services carried out by Agatha.
- Agatha will not be liable to Users in any way whatsoever (including by contract, tort or equity) in relation to any direct, indirect or consequential loss that the User experiences in relation to the contents, use or reliance of this Website content or otherwise in connection with the Website and the Terms and Conditions of Use.
- To the extent permitted by law, Agatha will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property) that the User or any other person may suffer in connection with the offer or supply of (or default in supplying) services.
- The User acknowledges and agrees that some of the Website content may be provided in the form of blogs or comments made by other users of the Website and that Agatha does not accept any liability for the accuracy of such information or the User’s reliance thereupon. The Website content is provided to Users as general information only and is not intended to substitute or replace the advice of an appropriately qualified professional (where applicable).
- By using this Website, the User agrees and accepts that the indemnity and limitations of liability provided in this clause are reasonable.
15. WARRANTIES AND REPRESENTATIONS
- The User agrees that the use of this Website is at his/her own risk. The Website content and any additional information provided on the Website is provided to Users on an “as is” and “as available” basis, without warranty or condition of any kind.
- None of Agatha’s affiliates, directors, officers, employees, agents, contributors, third-party content providers or licensors makes any express or implied representation or warranty about the Website or its contents.
- Changes to promotions: Agatha may, from time to time, provide certain promotional opportunities. All promotions will be administered at Agatha’s sole discretion and can be activated, modified or removed by Agatha at any time without advance notification of the User.
17. REFUND POLICY
- If you booked a service through Agatha platform and the service has already been performed. In any case of dissatisfaction with the service and you wish to request for a refund. Please contact our contact centre on 800 AGAT (2428). Our customer service representative will assist you by opening a case where our team will get back to you within 3 working days. We will either refund your payment amount or alternatively re-perform the same service applied or provide you with a service voucher to be redeemed. Your satisfaction will be 100% guaranteed with Agatha.
- Agatha refund policy is limited to any payment you made for the specific service. Agatha refund policy does not apply to any other cost, liability, damage, injury, or claim arising from or in connection with the services.
18. LAUNDRY SERVICES DISCLAIMER
- Agatha Laundry Service will exercise utmost due care and precautions in processing each article using the method that is best suited to its nature and conditions of the fabric and as at all-time adhered to the recommended cleaning procedure as stated in the Care Label.
- Agatha Laundry Service will not be held responsible for any defects in material, discoloration, color loss, shrinkage, exposure, due to its weak nature and conditions of the fabric that are not visibly apparent prior to acceptable processing procedure. This applies to all articles sent for laundry, dry-cleaning or ironing and this is especially so for CURTAINS and CUSHION COVERS in particular.
- Agatha Laundry Service will not be held responsible for the loss or damage to ornaments, special buttons, trimmings, sequins, buckles, beads, belts, shoulder pads, elastic bands or any other things that is left with the deposited articles. In the event of fire, loss or damage, however caused to the deposited articles for which we may accept liability without prejudice, such liability TEN (10) TIMES the rate charge for cleaning the particular article whichever is lower and it will be in the form of our company’s voucher.
- All claims must be made within twenty-four (24) hours after notification or receipt of the article and must be accompanied by the copy of a booking email and order completion confirmation email. Agatha Laundry Service reserves the right to determine the amount of compensation. Such compensation shall be limited to the fair value of the article after taking into consideration the depreciation in value due to age, fashion and use.
- Any request or attempts to remove stains will be done at the sole risk of the customer. COMPLETE REMOVAL OF STAINS IS NOT GUARANTEED.
- Customers must indicate the number of articles while booking the order, otherwise our count will be deemed to be correct and final. Agatha will not entertain any further claim whatsoever, should there be any discrepancy.
- Customers must inspect all articles upon receiving and any dissatisfaction, if any, must be made known at the point of delivery or collection, otherwise no subsequent complaints shall be entertained.
- All articles must be claimed within TWO (2) WEEKS from the date indicated on our invoice or cash sale; otherwise Agatha reserves the right to dispose of all unclaimed articles after the expiry date.