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Terms of Services

Effective: March 25th, 2024

1. CONTRACTUAL RELATIONSHIP

1.1 These Terms of Use (“Terms”) govern the access or use by you, an individual or corporate entity, of the applications, websites, content, products, and services (the “Services”) made available in the United States by Hakuna Services, Inc. dba Dimension and its subsidiaries and affiliates (collectively, “Dimension”).

1.2 Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Dimension. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Dimension may immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.

1.3 Supplemental terms may apply to certain Services, such as policies for a particular event, activity, or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

1.4 Dimension may amend the Terms related to the Services from time to time. Amendments will be effective after Dimension’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service are made available to you. If such amendment is a material change, Dimension will contact you via the email address associated with your account. Your continued access or use of the Services after such posting or communication constitutes your consent to be bound by the Terms, as amended.

2. THE SERVICES

2.1 The Services include a technology platform that enables users of Dimension’s mobile applications or websites (each, an “Application”) to arrange and schedule moving and/or logistics services with third party providers of such services, including independent third party moving providers and third party logistics providers under agreement with Dimension or certain of Dimension’s subsidiaries (“Third Party Providers”). Unless otherwise agreed by Dimension in a separate written agreement with you, the Services are made available solely for your personal use and may not be resold. You access the Services by creating an account with Dimension (“Account”).

2.2 YOU ACKNOWLEDGE THAT DIMENSION DOES NOT PROVIDE WASTE MANAGEMENT OR FUNCTION AS A WASTE MANAGEMENT CARRIER. DIMENSION’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE WASTE MANAGEMENT SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT DIMENSION HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY WASTE MANAGEMENT PROVIDED TO YOU BY THIRD PARTY PROVIDERS THROUGH THE USE OF THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

2.3 DIMENSION DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A THIRD PARTY PROVIDER WILL MEET YOUR NEEDS AND EXPECTATIONS. DIMENSION WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD PARTY PROVIDER. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING THIRD PARTY PROVIDERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF THIRD PARTY PROVIDERS ARRANGED OR SCHEDULED USING THE SERVICES IS AT YOUR OWN RISK AND JUDGMENT. DIMENSION SHALL NOT, EXCEPT ARISING FROM ITS GROSS NEGLIGENCE, HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH THIRD PARTY PROVIDERS.

2.4 LICENSE. Subject to your compliance with these Terms, Dimension grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal use. Any rights not expressly granted herein are reserved by Dimension and Dimension’s licensors.

2.5 RESTRICTIONS. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Dimension; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks, (vii) provide false information in the creation of your Account, or (viii) without first obtaining the express prior written consent of Dimension (the granting of such consent to be in the sole and absolute discretion of Dimension), contact, solicit, interfere with or contract with (or attempt to do any of the foregoing) any person or entity with whom Customer had contact with or became aware of in the course of performing the Services and that was a supplier to Dimension at any time during the Agreement regarding any matter involving or related to the Services.

2.6. LIQUIDATED DAMAGES. IN THE EVENT OF CUSTOMER’S BREACH OF ITS OBLIGATIONS UNDER SECTION 2.5(viii) OF THIS AGREEMENT, DIMENSION SHALL BE ENTITLED TO RECEIVE, AS LIQUIDATED DAMAGES, PAYMENT IN AN AMOUNT EQUAL TO: FIFTY THOUSAND DOLLARS ($50,000.00). THE PARTIES AGREE THAT THE NEGATIVE IMPACT ON DIMENSION WOULD BE IMPRACTICAL, AND THAT IT WOULD BE EXTREMELY DIFFICULT TO ESTIMATE THE ACTUAL DAMAGES TO BE SUFFERED BYDIMENSION AS A RESULT OF SUCH BREACH, AND THAT UNDER THE CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS AGREEMENT, THE LIQUIDATED DAMAGES PROVIDED FOR IN THE IMMEDIATELY PRECEDING SENTENCE REPRESENT A REASONABLE ESTIMATE OF THE DAMAGES WHICH DIMENSION WOULD INCUR AS A RESULT OF SUCH BREACH. THE PARTIES ADDITIONALLY AGREE THAT THE FOREGOING LIQUIDATED DAMAGES ARE REASONABLE UNDER THE CIRCUMSTANCES EXISTING AT THE TIME THE CONTRACT WAS MADE, IN ACCORDANCE WITH THE REQUIREMENTS OF CALIFORNIA CIVIL CODE SECTION 1671(B). ALL PARTIES DO HEREBY AGREE THAT THE LIQUIDATED DAMAGES PROVIDED FOR IN THIS SECTION ARE A REASONABLE ESTIMATE OF THE TOTAL NET DETRIMENT THAT COMPANY WOULD SUFFER IN THE EVENT OF THE BREACHES DESCRIBED HEREIN. THE PAYMENT OF SUCH AMOUNT AS LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY, BUT IS INTENDED TO CONSTITUTE REASONABLE LIQUIDATED DAMAGES TO COMPANY.

2.7 OTHER SERVICES AND CONTENT. The Services may be made available or accessed in connection with services provided by other entities (including advertising) that Dimension does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such services and content. Dimension does not endorse such services and content and in no event shall Dimension be responsible or liable for any products or services of such entities.

2.8 OWNERSHIP. The Services and all rights therein are and shall remain Dimension’s property or the property of Dimension’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Dimension’s company names, logos, product and service names, trademarks or services marks or those of Dimension’s licensor.

3. YOUR USE OF THE SERVICES

3.1 USER REQUIREMENTS AND CONDUCT. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive waste management services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances Dimension may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity.

3.2 Dimension was designed for on-demand waste management, not for you personally. Any driver who transports a user during the transaction, is doing so completely under their own personal insurance and liability. This is not a service that Dimension provides. This breaches your agreement with Dimension. Please use your best judgment and proceed with caution before getting in any vehicle with another person.

3.3 TEXT MESSAGING. By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

3.4 PROMOTIONAL CODES. Dimension may, in Dimension’s sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to a Third Party Provider’s services, subject to terms that Dimension establish on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used only for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Dimension; (iii) may be disabled by Dimension at any time for any reason without liability to Dimension; (iv) may only be used pursuant to the specific terms that Dimension establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Dimension reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Dimension determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

3.5 USER PROVIDED CONTENT. Dimension may, in Dimension’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Dimension through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Dimension, you grant Dimension a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Dimension’s business and on third- party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

3.6 You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Dimension the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Dimension’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

3.7 You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Dimension in its sole discretion, whether or not such material may be protected by law. Dimension may, but shall not be obligated to, review, monitor, or remove User Content, at Dimension’s sole discretion and at any time and for any reason, without notice to you.

3.8 NETWORK ACCESS AND DEVICES. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Dimension does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

3.9 Publicity. You agree to permit Dimension to show the city location of the booking, your first name, and your rating and review of the Third Party Provider.

4. PAYMENT

4.1 You understand that use of the Services may result in payments by you for the services you receive from a Third Party Provider (“Charges”).  

4.1.1.  Dimension offers four types of services:

1. One time, ad hoc service. 
2. Weekly Plan.  Services are provided weekly and the Customer may cancel any time upon four (4) days notice. 
3. Monthly Plan.  Services are provided weekly and the Customer may cancel any time upon twenty-one (21) days notice.  
4. Annual Plan.  At Customer’s direction, Services are provided weekly or monthly for a twelve month period, and the Charges are due in advance.  Annual Plans auto-renew for twelve month terms unless Customer notifies Dimension in writing to support@getdimension.com at least 30 days in advance of the Annual Plan end date.

4.2 All Charges are due immediately and payment can be made via credit card or ACH or physical checks. Customer authorizes the card issuer to pay all such amounts and authorizes Dimension (or its billing agent) to charge the credit card account for the Charges; provided that if payment is not received from the credit card issuer, Customer agrees to pay all amounts due upon demand. Customer must provide current, complete and accurate billing and credit card information. Customer agrees to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of the credit card may charge a foreign transaction fee or related charges, which Customer shall be responsible to pay. Fees do not include any local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, use or withholding taxes (collectively, “Taxes”). Customer is responsible for payment of all Taxes associated with its purchases hereunder (excluding taxes based on Dimension’s net income or property), and any related penalties and interest.

4.3 Dimension reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in Dimension’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand of the Services. In addition, Dimension retains the right to charge an additional fee if the load or job difficulty is greater than you identified. Dimension will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. You may elect to cancel your request for Services from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee as set forth in Exhibit A.

4.4 This payment structure is intended to fully compensate the Third Party Provider for the services provided. Dimension does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider. In the event you feel unwelcome pressure to provide a gratuity, you may factor that experience into the rating or additional feedback you give.

4.5 DAMAGES. If your property or something that belongs to you is damaged during a Dimension booking, other than arising from Dimension’s gross negligence, we are in no way responsible or accountable for covering those damages.

5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

5.1 DISCLAIMER. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DIMENSION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DIMENSION MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

5.2 LIMITATION OF LIABILITY

DIMENSION SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF DIMENSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT ARISING FROM GROSS NEGLIGENCE, DIMENSION SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF DIMENSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DIMENSION SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DIMENSION’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY MOVING PROVIDERS PROVIDING MOVING SERVICES REQUESTED THROUGH DIMENSION MAY OFFER PEER-TO-PEER MOVING SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. EXCEPT ARISING FROM GROSS NEGLIGENCE, IN NO EVENT SHALL DIMENSION’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100). THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.

5.3 INDEMNITY. You agree to indemnify and hold Dimension and its officers, directors, employees and agents, harmless from any and all claims, losses, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of, related to or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Dimension’s proper use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

6. DISPUTE RESOLUTION

6.1 ARBITRATION. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) shall be settled by binding arbitration between you and Dimension, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. ARBITRATION SHALL BE CONDUCTED BY A SINGLE ARBITRATOR IN SAN FRANCISCO, CALIFORNIA. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS (FORMERLY KNOWN AS JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC.), PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES. You acknowledge and agree that you and Dimension are each waiving the right to a trial by jury or to participate as a plaintiff or member in any class in any purported class action or representative proceeding and unless both you and Dimension otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding, except where such waiver is prohibited by law or deemed by a court of law to be against public policy. To the extent either party is permitted by law or court of law to proceed with a class or representative action against the other, the parties agree that: (i) the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action (not withstanding any other provision in this agreement); and (ii) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

7. OTHER PROVISIONS

7.1 CHOICE OF LAW. These Terms are governed by and construed in accordance with the laws of the State of New York, U.S.A., without giving effect to any conflict of law principles. Each of the parties to this Agreement hereby irrevocably submits to the exclusive jurisdiction of any state or federal court sitting in San Francisco County, California in respect of any suit, action, where such action is permitted by this Agreement, including but not limited to enforcing any arbitration terms or rewards, and irrevocably accepts for itself/himself/herself and in respect of its/his/her property, generally and unconditionally, jurisdiction of the foregoing.

7.2 GENERAL. You may not assign these Terms without Dimension’s prior written approval. Dimension may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Dimension’s equity, business or assets; or (iii) a successor by merger. In this Agreement, the words “including” and “include” mean “including, but not limited to.” Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Dimension or any Third Party Provider as a result of this Agreement or use of the Services. Time is not of the essence regarding delivery of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Dimension in writing.

Exhibit A – Cancelation and Reschedule policy

Cancelation: 

Advance booking was canceled

• Within 5 hours before the appointment – refund 15% of the booking.
• Within 24 hours before the appointment – refund 25% of the booking.
• More than 24 hours before the appointment – refund 75% of the booking.

Same day booking was canceled

• Within 6 hours before the appointment – refund 75% of the booking.
• Within 8 hours before the appointment – refund 80% of the booking.
• More than 8 hours before the appointment – refund 90% of the booking

Rescheduling: 

• Advance rescheduling more than 24 hours: Free
• Same day rescheduling within 4 hours: $10 flat fee

All bookings have a service fee of 10% that is non-refundable unless Dimension cannot complete the service, customer will have the option to reschedule (at no charge) or receive a full refund.