DNA's POLICIES,

TERMS & LEGAL STUFF

The rough print and the fine print. We try to make all our policies as clear, fair, and readable as possible.

Please also have a look at our terms and conditions for businesses, connectors and side hustlers.

Terms and Conditions
 

Welcome to DNA! DNA is an online platform allowing you to offer, find and hire service providers be it affiliates, businesses, side hustlers, or individuals (‘professionals’). We are transforming the way business and customers connect with service providers.

 

These Terms and Conditions sets forth the agreement between you and DNA (Pty) Ltd. It governs your use of the products and services we offer through our website, applications and mobile apps (collectively the "Site" or "DNA Platform").

 

This agreement provides important information to you, including information about your obligations about your content, our limitation of liability to you, and your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.

 

Please make sure to read this agreement, because your use of the Site is consent to these terms. If you do not agree to any of the updated terms, you should stop using the DNA Platform.

 

The DNA Platform is Solely a Venue for Communications.

 

The DNA Platform is a communications platform for enabling the connection between individuals seeking to obtain services ("Customers") and/or individuals seeking to provide services ("Professionals"). Customers and Professionals together are referred to as "Users". Those certain services requested by the Customers, which are to be completed by the Professionals, are hereinafter referred to as "Services/Customer Requests". DNA does not itself provide all Services or Products. The provision of all Services is up to the Professionals, whom may be found through use of the DNA Platform.

 

DNA Services

DNA provides businesses and customers with two options on how to respond to or list a particular service. Respond: view the listed Professional opportunities directly on the website and respond. List: allow us to find the services for you. You tell us what you need by answering a few simple questions to post your opportunity request. Once you’ve submitted your opportunity request online, interested professionals will contact you to discuss the details of your project. This is an opportunity to review their profile via DNA and discuss how to get an accurate response for your request. You compare the responses, review the professionals business profile and hire the right one when you are ready.

 

  • After you enter opportunity request details, we will attempt to match you with professionals who may be interested in responding to your opportunity request. However, we do not guarantee that we will be able to match your service needs with a professional that are either capable or willing to complete your service needs.

  • No Guarantees or Endorsements. Although we take certain steps to examine the credentials of our listed professionals, we make no guarantees or representations regarding the skills or representations of such professionals or the quality of the job that he or she may perform for you if you elect to hire their services. DNA does not endorse or recommend the services of any particular business/professional listed on our online platform. It is entirely up to you to evaluate a professionals qualifications, and to enter into a direct contract with the business. We do not guarantee or warrant any professionals performance on the job or the outcome or quality of the services performed. The professional and their businesses are not employees or agents of DNA, nor is DNA an agent of the professional.

  • No Contracting via the DNA Website. DNA does not guarantee or warrant the pricing or discounts that a professional may offer you. Any quotes provided by professionals via the DNA website or apps, or which you find on the DNA or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via DNA. No contractual arrangement is created based upon the quotes provided to you from professionals (or your scheduling of an appointment with a professional) via the DNA platform. To contract with a professional, you must work directly with the professional. DNA does not perform, and is not responsible for, any of the services requested by you in your quote request. Your rights under contracts you enter into with professionals are governed by the terms of such contracts and by applicable legal laws.

  • Release from Damages or Claims. Should you have a dispute with any professional, you must address such dispute with the professional directly. You hereby agree to release DNA (and our officers, directors, affiliates, employees and agents) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with service professionals.

  • No Liability- DNA shall bear no responsibility and have no liability whatsoever in respect of the provision of the services acquired by any customer or anyone. The customer agrees to indemnify DNA against any claims made by any person against DNA in respect of any loss or damage caused directly or indirectly by the acquisition of any services.

 

Your use of the DNA services and prohibited uses

You acknowledge and agree that your use of DNA is for your personal use and not for advertising purposes. You may not use DNA to recreate or compete with DNA, to solicit or harass DNA professionals/businesses, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to DNA for any such damages, and will indemnify DNA in the event of any third party claims against DNA based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any DNA products or properties at any time. All information about professionals are confidential and for your personal use only. If it is determined or suspected by DNA in its sole discretion that you are misusing or attempting to misuse or circumvent the DNA services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, DNA reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

 

Information you provide to us

Upon using DNA, you will be prompted to disclose certain information about yourself and your opportunity request requirements, and you will be able to store information, such as quote request records, on our website or apps. Some of this information will be sent to professionals who will need this information to respond to your request. By providing this information to us, or by submitting a quote request, you are requesting, and you expressly consent to being contacted by us and by our professionals and providers via phone, text message, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy policy. You agree that by completing a quote request, you are entering into a business relationship with DNA and its partners and thus agree to be contacted by DNA and/or its partners. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of professionals/Business’s that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or if DNA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DNA has the right to refuse any current or future use of the DNA services (or any portion thereof) by you. You are responsible for any use of the DNA services by persons to whom you intentionally or negligently allow access to your password. To knowingly input false information, including but not limited to name, phone number, address or e-mail address is a very serious and fraudulent matter that could result in significant costs and damages including invasion of privacy rights, to DNA and its professionals, as well as the loss of time, effort and expense responding to and pursuing such false information and request, and further, could result in fines and penalties. Accordingly, if you knowingly input false information in a opportunity request, including but not limited to someone else's name, e-mail address, physical address or phone number or a random or made up name, address, e-mail or phone number you agree to fully indemnify and be liable to DNA and each DNA professional who accepts such quote requests for the actual damages that may arise from such intentional, misleading, harmful and fraudulent activity, plus reasonable legal fees.

 

Dispute resolution assistance

While we cannot guarantee the work performed by a listed professional, and while we have no obligation to you with regard to your relationship with a professional, the DNA resolution process has been developed to try and assist you in resolving any disputes that may arise in the process of submitting a quote request on DNA. We may, upon your request, provide limited assistance in resolving disputes between you and a professional. You must participate and use good faith efforts to resolve problems through the DNA resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.

 

User generated content

You agree that all of the content and information posted by you or your agents or designees on DNA, including but not limited to:

  • Ratings & Reviews

  • Photographs or Images

  • Comments, Questions and/or Answers

  • Any other content
    (known collectively as "Content") is the sole and exclusive property of DNA, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your quote request.

    • Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.

    • Grant of License. You hereby grant DNA and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the DNA and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.

    • Representation of Ownership and Right to Use Content. By posting or providing any Content to DNA, you represent and warrant to DNA that you own or have all necessary rights to use the Content, and grant to DNA the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.

    • Content Guidelines. DNA reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any DNA owned or operated websites or apps if DNA determines (in its sole discretion) that such content contains or features any of the following:

1. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)

2. References to illegal activity.

3. Language that violates the standards of good taste or the standards of this Site.

4. Statements that are or appear to be false.

5. Comments that disparage DNA.

6 With respect to Ratings and Reviews of professionals and Businesses, all of the above and in addition the following:

  1. Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").

  2. Comments concerning a different business.

  3. Information not related to work requested in the opportunity request.

  4. If a dispute arises between a customer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that you will only provide a Rating and Review for a professional/Business that has performed services for you pursuant to your applicable quote request.

 

Notice specific to documents and information available on this website.

Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the DNA server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the website is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. No logo, graphic, sound or image from any DNA website may be copied or retransmitted unless expressly permitted by DNA. DNA and/or its respective suppliers make no representations or warranties about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. DNA and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. The documents and related graphics published on the DNA website could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. DNA and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

 

Professionals: DNA may allow professionals to upload business profiles about themselves and their business on the DNA website or apps. DNA does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the professional. DNA therefore makes no representations or warranties regarding any information uploaded by a professional, and assume no liability for such information.

 

The above procedures may change from time to time at the sole discretion of DNA. DNA believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrolment in the DNA network.

 

Disclaimer: DNA expressly disclaims any and all warranties, express or implied relating to the screening process for professionals, criteria, procedures, or information obtained or presented in the screening process of professionals or disclosures including but not limited to any warranties of merchantability, fitness for a particular use, or that the screening of professionals or verification procedures or standards are sufficient or that the information received in these screening of professionals or verification procedures is accurate, timely or error free.

DNA Credits/loyalty points

DNA Credits can be earned each time you purchase from a DNA professional. Credits may be used towards a discount/part payment of a future DNA professionals service at the discretion of DNA and the DNA professional involved in the work requisition the point usage.  

 

DNA Credits have no monetary/cash value and your usage of DNA Credits does not represent a pre-funding of stored value that can be accessed or used in the future for any purpose. You agree that all sales of DNA Credits are final and non-refundable.. All pricing of DNA Credits are in South African Rands (ZAR) and VAT inclusive.

DNA reserves the right to grant and deduct DNA Credits acting reasonably, on notice, and if applicable, in accordance with our refund and cancellation policies.

For Professionals providing a service

Joining the DNA community is free, and it provides you with an advantage to market your business to new Customers. Customers can contact you directly for your services through our service.

 

DNA uses a pay-per-engagement model which allows you to receive lead notifications for free. You get a summary job requirement with an option to view the Customer’s contact information and connect with the customer requesting the opportunity. Professionals pay an agreed commission on the work.

Purchasing of Customer Requests

You acknowledge and agree that:

  • A. any and all of the terms and conditions pertaining to the Services requested by the Customer and your quote/proposal to offer those Services constitute a contract between you and the Customer and does not involve or implicate DNA in anyway;

  • B. the lowest priced or best quote will not necessarily be the quote selected by the Customer;

  • C. DNA plays no role whether active or inactive in the method of selection by the Customer of the selected quote;

  • D. And DNA takes no responsibility for the accuracy, reliability or timeliness of the content provided by a customer posting a request for Services.

 

Refund Policy

You acknowledge and agree that as a term and condition of using the DNA platform, any fees incurred are non-refundable. If you are unhappy with the service of DNA and have outlined in detail the reasons for your grievance, DNA will consider the application for a refund and in its absolute discretion will either:

 

  • A. deny the claim;

  • B. or offer you a credit on your account;

  • C. or refund your payment.

All cancellation and refund requests will be subject to DNA’s review and absolute discretion. We will normally process your valid written request within thirty (30) days of receiving it, unless a shorter period is required by law. You may request a cancellation or refund by emailing your request to DNA at email@DNA.co.za. If you cancel your membership at any time, you will not receive any refund.

 

Returns of Purchased Customer Opportunity Requests

If you receive an opportunity where the customer never requested the Services, the location is incorrect or the contact information is wrong, you may dispute this by bringing it to our attention. Our audit team will verify the credibility of the opportunity and the requester to resolve the false opportunity and ethics of the requester and whether they may continue to make requests in future.  

 

Cancellation of User Account

DNA may at any time terminate, suspend, block, limit or deactivate your access to your DNA account or to the DNA platform without giving any explanation, justification or prior notice. DNA will use its sole discretion in determining suspension, termination, blocking, limitation or deactivation of a user’s account or access. The following may occur due to suspension, termination, blocking, limitation or deactivation:

 

  • a) Communication of the suspension, termination, blocking, limitation or deactivation to third parties;

  • b) The taking of further action against the user, if deemed necessary by DNA;

  • c) If your DNA account is suspended, terminated, blocked, limited or deactivated the user will not qualify for a refund or for any compensation from DNA;

  • d) DNA will have no obligation to return or delete any content provided to the platform by the suspended, terminated, blocked, limited or deactivated account.

If a user wishes to terminate, suspend, block, limit or deactivate their account of their own accord, they should email their request to email@DNA.co.za. Users who terminate, suspend, block, limit or deactivate of their own accord will not qualify for a refund or for any compensation from DNA.

Ratings & reviews are not endorsed by DNA

All Ratings and Reviews of a professional/Business displayed to you reflect the opinions of other customers, and do not reflect or represent the opinions or representations of DNA. DNA disclaims any and all representations or warranties with regard to the Ratings and Reviews. DNA does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.

 

Indemnification

You agree to indemnify DNA, and its subsidiaries, affiliates, officers, employees, agents, co-branders, and other partners and hold them each harmless from any and all claims or demands, including attorney's fees, made by any third party due to or arising from your use of the DNA services, in connection with the DNA website, with regard to any dispute between you and a professional/Business, or your violation of these terms and conditions, or arising from your violation of any rights of a third party.

 

General provisions

You acknowledge and agree that the DNA services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and DNA’s sole obligation to you or any third party for any claim arising out of your use of the DNA services or the DNA website or DNA apps, is that you are free to discontinue your use of the DNA services or the DNA website or DNA apps at any time. Except as expressly set forth herein, DNA expressly disclaims any implied warranties of any kind, including, but not limited to, warranties of merchantability or fitness for a particular purpose, and you agree that DNA shall have no liability for direct, indirect, special, incidental, consequential (including lost profit), exemplary or punitive damages (even if DNA has been advised of the possibility of such damages) arising out of this agreement or any consequences which flow from it. Some local authorities and provinces do not allow limitations on or exclusion of incidental or consequential damages. In such local authorities and provinces, the above exclusions may not apply to you. The Terms and Conditions will insure to the benefit of DNA’s successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of DNA to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the DNA services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

The user hereby agrees that the law applicable to these terms and conditions of use, their interpretation and any matter in connection therewith will be the laws of the Republic of South Africa.

 

 

PRIVACY POLICY

Last updated: 11 May 2020

The privacy of your data — and it is your data, not ours! — is a big deal to us. In this policy, we lay out: what data we collect and why; how your data is handled; and your rights to your data. We promise we never sell your data: never have, never will.

This policy applies to all products build and maintained by DNA, DNA Cleaning Products, Old School Games.

What we collect and why
Our guiding principle is to collect only what we need. Here’s what that means in practice:

Identity & access
When you sign up for a DNA service, we typically ask for identifying information such as your name, email address, and maybe a company name and perhaps additional information like your interestes and so on.. That’s just so you can personalize your new account, and we can send you invoices, updates, or other essential information. We sometimes also give you the option to add a profile picture that displays in our products, but we do not normally look at or access that picture. We’ll never sell your personal info to third parties, and we won’t use your name or company in marketing statements without your permission either.

Website interactions
When you browse our marketing pages or applications, your browser automatically shares certain information such as which operating system and browser version you are using. We track that information, along with the pages you are visiting, page load timing, and which website referred you for statistical purposes like conversion rates and to test new designs. We sometimes track specific link clicks to help inform some design decisions. These web analytics data are tied to your IP address and user account if applicable.

Cookies and Do Not Track
We do use persistent first-party cookies to store certain preferences, make it easier for you to use our applications, and support some in-house analytics. A cookie is a piece of text stored by your browser to help it remember your login information, site preferences, and more. You can adjust cookie retention settings in your own browser. To learn more about cookies, including how to see which cookies have been set and how to manage and delete them, please visit: www.allaboutcookies.org.

At this time, our sites and applications do not respond to Do Not Track beacons sent by browser plugins.

Voluntary correspondence
When you write DNA with a question or to ask for help, we keep that correspondence, including the email address, so that we have a history of past correspondences to reference if you reach out in the future.

We also store any information you volunteer like surveys. Sometimes when we do customer interviews, we may ask for your permission to record the conversation for future reference or use. We only do so if you give your express consent.

Information we do not collect
We don’t collect any characteristics of protected classifications including age, race, gender, religion, sexual orientation, gender identity, or gender expression. You may provide these data voluntarily, such as if you include a pronoun preference in your email signature when writing into our Support team.

We also do not collect any biometric data. You are given the option to add a picture to your user profile, which could be a real picture of you or a picture of something else that represents you best. We do not extract any information from profile pictures: they are for your use alone.

When we access or share your information
Our default practice is to not access your information. The only times we’ll ever access or share your info are:

  • To investigate, prevent, or take action regarding restricted uses. Accessing a customer’s account when investigating potential abuse is a measure of last resort. We have an obligation to protect the privacy and safety of both our customers and the people reporting issues to us. We do our best to balance those responsibilities throughout the process. If we do discover you are using our products for a restricted purpose, we will report the incident to the appropriate authorities.

  • When required under applicable law. If the appropriate law enforcement authorities have the necessary warrant, criminal subpoena, or court order requiring we share data, we have to comply. Otherwise, we flat-out reject requests from local and federal law enforcement when they seek data. And unless we’re legally prevented from it, we’ll always inform you when such requests are made. We have never received a National Security Letter or Foreign Intelligence Surveillance Act (FISA) order.

 

If DNA is acquired by or merged with another company — we don’t plan on that, but if it happens — we’ll notify you well before any info about you is transferred and becomes subject to a different privacy policy.

Changes & questions
We may update this policy as needed to comply with relevant regulations and reflect any new practices. Whenever we make a significant change to our policies, we will also announce them on our company blog.

Have any questions, comments, or concerns about this privacy policy, your data, or your rights with respect to your information? Please get in touch by emailing us at email@dna.co.za and we’ll be happy to answer them!

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Terms and Conditions

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