Our Terms and Conditions
Updated November, 2019.
These General Terms and Conditions (“GTC”) govern Dhakai’s business relationships with customers.
These listed terms will have meaning assigned to them throughout this GTC document:
- 2.1. Account: either “Company Account” or “Individual Account.” This includes all information that might be visible on said account’s profile.
- 2.2. Buyers: members registered as buyers. This means that the customer in question selected a profile which allows them to purchase textiles and garments through Dhakai.
- 2.3. Company Account: the technical and legal access to the platform granted to any given member of Dhakai’s team.
- 2.4. Individual Buyer: a natural person who is a buyer.
- 2.5. Manufacturers: members registered as manufacturers. This means that the customer in questions selected a profile which allows them to sell textiles and garments through Dhakai.
- 2.6. Subaccount: a sub-account under a Company Account for a single person allowing said person access to the platform.
- 2.7 Member(s): a legal/naturalnatual person who has confirmed an agreement with Dhakai regarding the use of their platform.
- 2.8. Platform: the online platform/resources provided by Dhakai after a member log-in using the domain upon which Dhakai’s website is present.
- 2.9. Profile: the information connected to any given account on Dhakai’s website which is available to both members and non-members for viewing.
- 2.10. Principal: any person or entity using the platform.
- 2.11. RFQ(s): requests for quotations for any products sold through Dhakai.
- 2.12 User: someone who uses Dhakai but has not yet registered to be a member.
- 3.1. Under its platform, Dhakai provides tools and algorithms for business promotion, marketing, and management, access to contacts, exchange of information, etc. Members are allowed access to all tools and resources provided by Dhakai. Dhakai will consistently work to provide and improve said services to allow both Buyers and Manufacturers to display their products or request proposals for manufacturing.
- 3.2. The GTC included within this document are agreed upon following a Member’s subscription to Dhakai’s platform.
- 3.3. Terms and Conditions outside of the ones listed within this document will only apply if they are confirmed by Dhakai in writing.
4. Eligibility for Membership
- 4.1. The platform is available to users who execute their commercial or independent business activity under employment agreements.
- 4.2. Manufacturers may only subscribe to the platform if they are verified garment manufacturers.
5. Registration Process Conclusion of the Subscription Agreement
- 5.1. Dhakai offers different subscriptions for buyers and manufacturers. Details about Dhakai’s pricing policies are available at https://dhakai.com.
- 5.2. For subscriptions which do not require a subscription fee, or those with a predefined subscription fee, the user may make an offer to enter into a subscription agreement via the online registration form provided on Dhakai’s website.
- 5.3. For fee-based subscription models, with amounts which are determined individually, the user may make a request to Dhakai following which Dhakai may make an offer to enter into an agreement with a specific monthly or yearly fee.
- 5.4. All information on the registration form, including contact information and specifics about the userabout user being a manufacturer or buyer, must be complete and correct. The member must inform Dhakai immediately of any changes made to the initial agreement/registration including email address and/or billing and payment information.
- 5.5. If a member agreed to a fee-based subscription, Dhakai may invoice said member the monthly/annual fees. The member is responsible for those payments. The member is also responsible for any local sales taxes applicable to the member’s business location and any indirect taxes levied upon the payments made to Dhakai.
- 5.6. Dhakai reserves the right to suspend a member’s access to the platform if there is reason to assume the member is not abiding by these GTC.
6. Accounts and Confidentiality of Log-In Data
- 6.1. For some subscription models, Dhakai will provide members with the possibility to add sub accountssubaccounts within their company account in order to allow its staff the use of Dhakai’s platform. The number of these subaccounts may be limited by Dhakai depending on the type of subscription.
- 6.2. All Dhakai logins are specific to each individual user and may only be used by said member. Each member is required by Dhakai to keep the log-in data confidential and to protect it from unauthorized use by outside parties. This confidentiality also includes subaccounts.
- 6.3. Any member suspecting unauthorized use of login data should inform Dhakai immediately. Dhakai has the right to change login data and/or deactivate an account or subaccount if accessed by a third party.
7. Use and Functions of the Platform
- 7.1. Members have access to the following functions on Dhakai’s platform assuming they are part of specific subscription models.
- 7.2. Dhakai’s functions include a chat function, the ability to utilize algorithms to connect with other members using the followingfollow function. Members have the ability to add information to their profiles. Manufacturers have the ability to share their products in the virtual showroom provided on the platform. Buyers have the ability to lay out specific requirements for products they have the intent to purchase.
- 7.3. Members should be aware that any information provided on Dhakai’s platform including information added to profiles and virtual showroom is available to other members. By including information on the platform, members are making that information available to others.
- 7.4. Members who are buyers can list or invite manufacturers who are not yet signed up on the platform.
- 7.5. Buyers have the ability to post specific RFQs and also agree that said RFQs may be shown to other members of Dhakai. They may also be forwarded to manufacturers who are not yet members of Dhakai with an offer to sign up for the platform.
- 7.6. Buyers have the ability to use Dhakai to search for manufacturers and filter their search based on specific criteria. A buyer’s search criteria may be shown to manufacturers not yet tied to the platform with an option to sign up for Dhakai.
- 7.7. Dhakai provides a space for buyers to bookmark Manufacturers of interest and vice versa. This space allows users to manage information including reports, photos, notes, profiles, etc.
- 7.8. Members are free to enter into agreements with other members under their own conditions while still using the functions offered on Dhakai. These members are responsible for any such agreements. Dhakai will not be held accountable for any agreements made between members of the platform.
- 7.9. It is the responsibility of members to gather and understand information about other members which they enter into agreements with. Dhakai is not responsible for the accuracy of this information.
- 7.10. Dhakai reserves the right to alter or extend the content of the platform or the structure of the platform assuming that any contracts with members are not significantly affected by such changes.
8. Member’s General Obligations and License
- 8.1. Members should ensure that all information listed on their account or shared through their profile is correct and not misleading. Information, or lack thereof, should not violate the rights of other members in terms of trademarks, designs, etc.
- 8.2. Members should understand that uploading content onto their respective profiles gives Dhakai access to said content including reproduction of that content. In doing this, members also give Dhakai the right to use their company name and logo as references for Dhakai’s services.
- 8.3. Members should instruct all other members using sub accountssubaccounts to follow these terms and conditions.
- 8.4. Members should implement regular data backups of all information especially that which is of commercial or legal importance.
- 8.5. Members agree that they will comply with Dhakai’s latest Code of Conduct, whatever that may be.
- 8.6. Members agree to abstain from any behavior which impedes upon the performance of the platform or disturbs other members.
- 8.7. Members should ensure that any information or data uploaded to the site does not contain any things such as viruses. Any damages to the platform made by such viruses should be compensated by the member causing said problems.
9. Additional Obligations Regarding Subaccounts
- 9.1. If any subscription is such that allows subaccounts, the ownerowner of the account should ensure that anyone operating subaccounts comply with applicable laws.
- 9.2. Members understand that it is their responsibility to instruct or allow users with sub accountssubaccounts to use the platform under employment law. This means allowing users to process personal data upon registration and during the use of the platform.
10. Additional Obligations for Individual Buyers Who Act for Their Entities
- 10.1. If any individual buyer is acting for principal rather than for themselves, the following rules apply: it is said buyer’s responsibility to ensure that they are legally allowed to use Dhakai. They also must then comply with any contractual and/or statutory obligations.
- 10.2. Any individual buyer acting for principal should make sure they are not uploading any content which impedes upon any: confidentiality agreements, intellectual/industrial property rights law.
- 10.3. Members should ensure that any agreements in which they enter with other members include transparent information about which principal’s behalf they act.
- 10.4. In the case that a legal relationship of a buyer to some principal ends, the buyer is responsible for deleting any information which they were only entitled to when in that professional relationship.
- 10.5. If an individual buyer’s principal changes, that buyer should update their profile accordingly.
- 10.6. Unless informed otherwise, Dhakai will assume that any information listed on a member’s profile has been authorized by its principal. Dhakai may update such information according to Section 11.
- 11.1. Members agree that Dhakai may update information on their profile if that information is directly sent by said member to Dhakai.
- 11.2. Dhakai has access to public registers and may request information from third-party providers. Dhakai may use this information to then update a member’s profile.
- 11.3. Dhakai may request that a member correct information which is obviously wrong on their profile.
- 11.4. Dhakai is not obligated to provide updates of profiles.
12. Liability of the Platform Operator
- 12.1. Dhakai is liable for gross negligence resulting in any harm caused to representatives or other assistants. In the case of only slight negligence, Dhakai will be responsible only if there is infringement of essential contractual obligations.
- 12.2. Limitations on liability shall apply in accordance with Dhakai’s employees, assistants, or agents.
- 12.3. If the platform offers links or hyperlinks which redirect users to outside databases, websites, services, etc., Dhakai shall not be held responsible for the existence, accessibility, or security of such sites.
- 12.4. If the platform utilizes information from third party providers, Dhakai will not be held responsible for the existence, accessibility, or security of such providers and their content.
13. Third Party Contents, Data Security, Confidentiality
- 13.1. Members should not publish content onto their profiles which goes against common decency or infringes copyrights/trademark rights of outside entities.
- 13.2. Dhakai does not review content provided by members of the platform and will not be held responsible for any such content, unless that which is outlined in Section 11.
- 13.3. Dhakai has the right to remove any content which violates statutory law or the rights of any other parties or members.
- 13.4. Dhakai is not responsible for any claims outside parties might make against the platform due to infringement of their rights.
- 13.5. Dhakai secures its servers using industry standard technology. Members should remain aware that data transmitted may be intercepted and that confidentiality of data may not be guaranteed.
- 13.6. Members should acknowledge that, although Dhakai works to reduce downtimes of the platform as much as possible, there may be bugs, maintenance, or upgrades that require extra time. Members are responsible for taking measuresmeasure that do not affect regular business operations.
- 13.7. Dhakai keeps information provided by members which is confidential and only uses it according to these terms and conditions. Dhakai uses high security standards to ensure confidentiality of data. In the case that Dhakai is legally obligated to disclose certain information, they have the right to do so.
- 14.1. The membership term with Dhakai begins with the acceptance of the subscription agreement. Membership time periods are unlimited unless specifically terminated by the member.
- 14.2. For a subscription model that does not include fees, the member can end their subscription without deleting their account or notifying Dhakai.
- 14.3. For a subscription modemodes that does include fees, the member can end their subscription at the end of the month, with one month’s notice.
- 14.4. Parties have the right to end a membership without notice in the case that terms and conditions are breached, criminal activity is detected (ie. fraud), member fails to make a payment after more than six weeks, long-term disruptions have occurred which are out of Dhakai’s control.
- 14.5. Membership termination notice must be made in writing. Email or fax is also sufficient.
- 14.6. Members have the right to withdraw with the understanding that mutually received benefits should be returned.
- 14.7. If a member paid subscription fees in advance and wishes to withdraw from those fees, the statutory provisions regarding refunds will apply.
15. Amendment of the Terms and Conditions for Use
- 15.1. Dhakai is responsible for informing members of any changes made to these GTC either in writing, by fax, by email, or through a message displayed at member’s login to Dhakai’s platform. If no objections to changes are made by the member within two weeks, Dhakai will assume that said changes are agreed upon. Dhakai should inform members of their right to object to any changes made to the GTC.
- 15.2. If members object to any GTC changes, Dhakai reserves the right to end their subscription with two weeks’ notice.
- 16.1. A lot of this section on the competitor’s site was specific to location (Germany.) Not sure how to write this specific to you guys.
- 17.1. Unless with written consent from Dhakai, members are not permittedermitted to transfer rights and/or obligations made under these GTC to third parties. Members also agree that any company affiliated with Dhakai is also relevant under these GTC.