WHAT PARTS OF THESE TERMS APPLY TO ME?
These terms and conditions govern your use of the website www.findyourroom.co.uk and Find Your Room mobile app (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Find Your Room Limited, Company No. 15932466 (the Company, we or us).
The remainder of this agreement is divided into three parts:
- Part A (All Users), which sets out terms that apply to all Users;
- Part B (Service Providers), which sets out additional terms that apply to Service Providers, being care home property service providers; and
- Part C (Customers), which sets out additional terms that apply to Customers, being the end customer requesting the service from the Service Providers through the Platform.
If you intend to use the Platform as a Service Provider, only Part A and Part B of these terms will apply to you.
If you intend to use the Platform as a Customer, only Part A and Part C of these terms will apply to you.
When we talk about the “Services” in this agreement, we are referring to the Platform which is set-up as a marketplace for connecting the Service Providers with the Customers.
We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
By downloading the app, you are agreeing to the terms of this agreement which are legally binding. Please read it together with our privacy policy, available at [insert link] before you download and use the app. Only download the app if you have read the rules and agree to them.
If you do not agree to these terms, we will not allow you to use the Platform.
In these terms and conditions:
- references to the ‘App Store’ means Apple’s App Store and we refer to their rules and policies contained in the Apple Media Services Terms and Conditions as the ‘App Store Rules’.
- references to ‘Google P
lay’ means the app distribution platform operated by Google and known as Google Play, and we refer to Google’s terms of service (and other applicable terms) collectively as ‘Google’s Rules’. - in clauses where we use the phrase “App Store Rules or Google’s Rules (as applicable)”, we intend for the App Store Rules to apply to users who have obtained the App via the Apple App Store, and for Google’s Rules to apply to users who have obtained the App via the Google Play distribution platform.
Part A All Users
- ELIGIBILITY
- This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are over the age of 18 years and accessing the Platform for its intended use.
- If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
- THESE TERMS
- These terms are an agreement is made between the Company and the Users, and:
- Apple is not a party to this agreement and has no responsibility for the app or its content; and
- Google is not a party to this agreement and has no liability under it.
- The Company license’s the Users to download and use the mobile app:
- For iOS users, onto any Apple-branded product, and to use it once you have downloaded it, provided you follow all of the rules described in this agreement and the App Store Rules
- For Google Play Store users, to use the mobile app provided you follow all of the rules described in this agreement and also Google’s rules.
- The licence:
- is only for the Users;
- starts when you download the mobile app; and
- covers content, materials, or services accessible from, or bought in, the mobile app including all of our support resources. It also covers updates to the mobile app unless they come with separate terms, in which case we will give you an opportunity to review and accept
- The mobile can be accessed, used and downloaded by other accounts that are associated with you through family sharing or volume purchasing in accordance with the App Store or Google’s Rules (as applicable).
- You must comply with the App Store Rules and Google’s Rules (as applicable) as well as these terms but, if there is any conflict between them, you should follow the App Store Rules or Google’s Rules rather than the equivalent rule here.
- You do not own the mobile app or any of its contents but you may use it on devices that you own or control, as permitted by these terms and by the App Store Rules or Google’s Rules (as applicable).
- If you sell or give away the device on which you have downloaded the mobile app, you must first remove the mobile app from the device.
- You are not allowed to:
- modify the mobile app’s code in any way, including inserting new code, either directly or through the use of another app or piece of software;
- deliberately attempt to avoid or manipulate any security features included in the mobile app; or
- pretend that the mobile app is your own or make it available for others to download or use (including by way of copying the code of the mobile app and creating an independent version).
- ACCOUNTS
- In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account). The Users will be able to create the Account only through the website.
- As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by the Company from time to time.
- You warrant that any information you give to the Company in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
- Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
- Once you complete the Account registration process, the Company may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
- The Company reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
- The Company may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
- USER OBLIGATIONS
As a User, you agree:
- not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
- to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify the Company of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
- to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
- in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
- in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by the Company;
- not to act in any way that may harm the reputation of the Company or associated or interested parties or do anything at all contrary to the interests of the Company or the Platform;
- not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of the Company;
- that the Company may change any features of the Platform or Services offered through the Platform at any time without notice to you;
- that information given to you through the Platform, by the Company or another User including a Service Provider, is general in nature and the Company takes no responsibility for anything caused by any actions you take in reliance on that information; and
- that the Company may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 4.
- POSTED MATERIALS
- WARRANTIES
By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
- you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
- the Posted Material is accurate and true at the time it is provided;
- any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
- the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
- the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
- the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
- the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
- the Posted Material does not breach or infringe any applicable laws.
- LICENCE
- You grant to the Company a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for the Company to use, exploit or otherwise enjoy the benefit of such Posted Material.
- If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release the Company from any and all claims that you could assert against the Company by virtue of any such moral rights.
- You indemnify the Company against all damages, losses, costs and expenses incurred by the Company arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
- REMOVAL
- The Company acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, the Company may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
- You agree that you are responsible for keeping and maintaining records of Posted Material.
- REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
To the maximum extent permitted by law, the Company will have no liability or obligation to you, if:
- a Customer, or Service Provider cancels at any time after the time for performance of the Service Listing is agreed; or
- for whatever reason, including technical faults, the services in a Service Listing cannot be performed or completed,
- IDENTITY VERIFICATION
- (Verification) We may offer or require Users to verify their details (including identity, qualifications, details and description of the property) using our processes or an external identity verification service as applicable (Verification Service).
- (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 16. Where a Verification Service is used, you acknowledge and agree that:
- we may contact and share your personal information with a Verification Service to verify your details;
- you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
- (Fees) We may charge non-refundable fees for the Verification Service, as set out on the Platform.
- (Warranty and Indemnity) You acknowledge and agree that:
- we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User;
- you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and
- we do not endorse any User, Service Listing or Verification Service.
- ONLINE PAYMENT PARTNER
- We may use third-party online payment partner, currently Paypal (Online Payment Partner) to collect payments on the Platform, including for our Services.
- The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner. You can find these at https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full?locale.x=en_GB. The Online Payment Partner may also charge a processing fee, as per their respective terms and conditions.
- You agree to release the Company and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
- We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
- SERVICE LIMITATIONS
While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
- the Platform may have errors or defects (or both, as the case may be);
- the Platform may not be accessible at times;
- messages sent through the Platform may not be delivered promptly, or delivered at all; and
- any information provided through the Platform may not be accurate or true.
- INTELLECTUAL PROPERTY
- The Company retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
- You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of accessing the services provided through the Platform. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from the Company or as permitted by law.
- In this clause 10, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in UK and throughout the world.
- THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). The Company accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content. - THIRD PARTY TERMS SUPPLIERS
- If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
- Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Platform or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Platform or any services related to Platform and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
- You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we may not be able to provide you with any or all of the services associated with the Platform and you may need to stop using the Platform.
- DISPUTES BETWEEN USERS
- You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
- If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to the Company via raising a dispute through the relevant online form, or by contacting support@findyourroom.co.uk. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
- Any costs you incur in relation to a complaint or dispute will be your responsibility.
- The Company has the option to appoint an independent mediator if needed. The cost of any mediator must be shared equally between each of the parties to the dispute.
- The Company reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
- If you have a dispute with the Company, you agree to notify us first and enter into discussion or mediation with us for a minimum of a 90-day period before pursuing any other proceedings.
- Notwithstanding any other provision of this clause 12, you or the Company may at any time cancel your Account or discontinue your use of the Platform.
- SECURITY
The Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference. - UPDATES TO THE APP
- The Company may update the Platform from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that, we will ensure that the mobile app still meets the description of it that was provided to you at the time you downloaded the mobile app.
- Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the app store.
- We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the mobile app may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the mobile app updated to the latest version that we make available.
- DISCLAIMER
- (Introduction service) The Company is a medium that facilitates the introduction of Customers and Service Providers to enable Customers access and avail the services provided by the Service Providers. The Company simply collects a service fee only from the Service Providers, in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Service Providers in relation to such services or otherwise resulting from the introduction.
- (Limitation of Liability) To the maximum extent permitted by applicable law, Company limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Platform, these terms or any services provided by the Company, is limited to the greater of:
- the total Fees paid to the Company by you in the 3 months preceding the first event giving rise to the relevant liability; and
- £100.
- All express or implied representations and warranties in relation to the Platform and the associated services performed by Company are, to the maximum extent permitted by applicable law, excluded.
- (Indemnity) You indemnify Company and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
- breach of any of these terms;
- use of the Platform; or
- use of any services provided by Company.
- (Consequential loss) To the maximum extent permitted by law, under no circumstances will the Company be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Platform, these terms or any services provided by Company (except to the extent this liability cannot be excluded under law.
- Nothing in these terms will exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
- To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms, including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause will be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions will remain in full force and effect.
- CONFIDENTIALITY
You agree that:
- no information owned by the Company, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
- all communications involving the details of other users on this Platform and of the Service Provider are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
- PRIVACY
You agree to be bound by the clauses outlined in the Company’s Privacy Policy, which can be accessed here [insert link]. - TERMINATION
- Either the Company or the User may terminate the User’s account at any time (including any listings, memberships or Accounts) for any reason.
- If a User wants to terminate their account (and/or any other membership they hold in connection with the Platform), they can do so by using the Platform’s functionality where available. Where such functionality is not available, the Company will affect such termination within a reasonable time after receiving written notice from the User.
- In the event that a User’s Account is terminated:
- the User’s access to all posting tools on the Platform will be revoked;
- the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
- the User may be unable to view the details of other Service Providers (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the Platform.
- Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
- In case of any Account cancellation or termination, the Company will initially deactivate the Account, i.e., the Account will not be active and Service Listings associated with the Account will be removed from the Platform. However, within a period of 1 year from the date of deactivation, the User will have the right, subject to approval of the Company, to activate the Account by using the information provided originally at the time of Account creation.
- TAX
You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and the Company will not be held accountable in relation to any transactions between Customers and Service Providers where tax related misconduct has occurred. - RECORD / AUDIT
To the extent permitted by law, the Company reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving the Company. - NOTICES
- A notice or other communication to a party under this agreement must be:
- in writing and in English; and
- delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (support@findyourroom.co.uk). The parties may update their Email Address by notice to the other party.
- Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
- 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
- when replied to by the other party,
- SUPPORT AND CONTACT
- The Company is responsible for customer service in relation to the Platform and can help you if you are having any issues.
- For iOS user, you acknowledge that Apple has no obligation whatsoever to provide any support or maintenance services in relation to the mobile app.
- For Google users, you acknowledge that Google has no obligation to provide any support or maintenance services in relation to the mobile app.
- If you need to get in touch with us, you can use the ‘Contact us’ functionality provided in the mobile app or ‘Contact us’ details mentioned on the website.
- (e) If we need to get in touch with you, we will do so by email or an in-app notification
- GENERAL
- GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum. - WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver. - SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected. - JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally. - ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party. - COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement. - ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement. - INTERPRETATION
- (singular and plural) words in the singular includes the plural (and vice versa);
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
Part B Service Providers
- ELIGIBILITY AND QUALIFICATIONS
- You must verify that any Customer is over 18 years old or has their parent or guardian’s consent to use the Platform.
- If in any of your Service Listings or anywhere on your Account you hold yourself out to possess certain qualifications, property specifications, distinct facilities, services etc. (Qualifications), you warrant to the Company that you do hold such Qualifications and if requested, will promptly provide the Company with evidence or more information in support of such Qualifications.
- SERVICE LISTINGS
You acknowledge and agree that:- you must use your best endeavours to provide as much information as possible in any listing you submit to the Platform in which you offer to provide services (Service Listing);
- the Company may choose not to accept any Service Listing you submit to the Platform, and the Company may limit the number of Service Listings you can submit to the Platform;
- any information you supply in a Service Listings must be true, timely and accurate;
- you must take all reasonable steps to complete the services as described in every Service Listing that is accepted by a Customer, including by not cancelling any part of such a Service Listing;
- you must deal with any dispute with a Customer in accordance with clause of Part A;
- any additional terms and conditions relating to a Service Listing, or a quote provided via the Platform, are solely between you and the relevant Customer and do not involve the Company in any way, except that they must not be inconsistent with your or the Customer’s obligations under this agreement; and
- the Company will have no responsibility for the accuracy, reliability or timeliness of any Customer’s response to a Service Listing.
- SERVICE REQUESTS
- From time to time, the Platform may, using its algorithm, direct to you requests for services that have been submitted to the Platform by Customers (Service Requests). The Platform will generally direct you to Service Requests that are related to your Service Listings, though the Company does not guarantee this.
- When the Platform directs you to a Service Request, you will be able to view details of the specific services requested, contact details of the Customer who submitted the Service Request and will be able to contact the Customer.
- PROVISION OF SERVICES
- You must ensure that all services specified in a Service Listing that is accepted by a Customer are provided:
- in accordance with all applicable laws, regulations, tax obligations and industry standards;
- with due care and skill and in a professional, punctual and diligent manner;
- so that the services are fit for their intended purpose; and
- on the date and at the times set out in the Service Listing.
- You acknowledge and agree that a Customer may review any Service Listing or services you provide under a Service Listing on the Platform in accordance with clause 4 of Part C of this agreement.
- If a Customer requests to reschedule the delivery time for the services listed in a Service Listing, you may choose to accept or reject such a request.
- FEES
- The Service Provider shall pay the fee based on the fee model/fee policy of the Company, accepted by the Service Provider while creating an account on the Platform and as may be amended and in force from time to time. Details of the fee model/fee policy of the Company may be accessed at [insert link]. The Service Provider will be able to make the fee payment, using the Online Payment Partner, through the website of the Company.
- You acknowledge and agree that, unless applicable laws or regulations require otherwise, taxes (including VAT) will be calculated and charged on the Fee.
- To ensure that your Service Listing is available to be viewed by the Customers of the Platform, you must pay the fees set out on the Platform. Such fees will vary from time to time.
- In case the Service Provider opts for a subscription model, then the Service Provider authorises the Company to charge the Service Provider the subscription fee (as per the selected payment plan) as per the agreed billing cycle, to your payment method. If the Service Provider’s payment method is declined for a recurring payment of the subscription fee, then the Service Provider must provide the Company a new payment method promptly or the Service Provider’s account/Service Listing on the Platform will be deactivated. Service Provider will need to give at least two weeks advance notice, for cancellation of the Service Provider’s subscription to the Platform.
- REFUNDS & CANCELLATIONS
- Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a Service Request accepted by you but before you have performed all the relevant services, you must contact us using the Platform’s functionality, including by providing details as to why you are cancelling. If the Company decides to investigate your request, you must provide assistance and information to the Company as reasonably requested.
- You must ensure that your cancellation policy and refund policy in relation to you or Customers cancelling an accepted Service Request is in compliance with all applicable laws.
- The Service Fee, paid by you at the time of submission of a Service Listing, is by default non-refundable for change of mind. However, the Company may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.
- BYPASSING
- You agree that while you are a Service Provider on the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about, or with whom you provided goods or services to directly or indirectly, by using the Platform. This provision will apply whether or not the Customer or their representative is still active on the Platform.
- The Company may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 7.
- BINDING CONTRACT
You agree that when a Customer submits an enquiry in response to your Service Listing, this constitutes their intention and offer to enter into a contract with you, where you will provide the Customer with the service as specified in the relevant Service Listing, in exchange for payment of the relevant Quoted Amount. A contract is formed in this respect (between you and the Customer) when you respond to an email or message on the Platform confirming that you accept the Customer’s offer. - WARRANTIES
By listing yourself as a Service Provider on the Platform, posting a Service Listing or responding to a Service Request, you represent and warrant that:
- you are able to fulfil the requirements of the services specified in the Service Listing or Service Request;
- you will provide services to each Customer:
- using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
- in compliance with all applicable laws; and
- any individuals involved in your performance of services to any Customer have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.
Part C Customers
- SERVICE LISTINGS, SERVICE REQUESTS AND FEES
- You acknowledge and agree that:
- if you respond to a Service Listing or confirm a Service Request once a Service Provider responds to it, that will constitute your offer and intention to enter into a contract with the Service Provider;
- for each offer you submit in response to a Service Listing on the Platform that is accepted by the relevant Service Provider, the Quoted Amount will be debited from your Account and the Company will keep a Service Fee which will be calculated as a percentage of the Quoted Amount and will not be an additional charge to you;
- you may also be required to accept any specific terms and conditions prescribed by any Service Provider for availing services from such Service Provider. In case you do not agree to any specific terms and conditions prescribed by a Service Provider, then such Service Provider may refuse to provide you the services and the Company shall in no way be responsible or liable for Service Provider’s refusal to provide the services. and
- any terms and conditions relating to services or a quote provided via the Platform are solely between you and the relevant Service Provider and do not involve the Company in any way, except that such terms and conditions must not be inconsistent with your or the Service Provider’s obligations under this agreement.
- When you submit a Service Request on the Platform, you must:
- only submit requests that are bone fide and accurate; and
- truthfully fill out all the information requested by the Platform in relation to the Service Request.
- PAYMENT
- (Payment obligations) Unless otherwise agreed in writing with the Service Provider, you must pay for all services specified in an accepted Service Listing prior to the Service Provider performing those services.
- (Card surcharges) In case the payment is made using the payment functionality provided on the Platform, our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
- (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with the Service Provider, you will then have the option of purchasing the relevant services at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
- CANCELLATIONS
- The Company will have no liability or obligation to you if a Service Provider cancels a Service Request after it has been agreed and you will not be entitled to any compensation from the Company in relation to any such cancellation, including any portion of the Service Fee.
- If you wish to cancel services specified in an agreed Service Request, before the Service Provider has performed them, you must contact the Service Provider. If the Company decides to investigate your cancellation, you must provide assistance and information to the Company as reasonably requested.
- RATINGS AND REVIEWS
- Customers may rate a Service Listing (Rating) and/or may provide feedback to Service Providers regarding the services Customers received from them (Review).
- Customers’ Ratings and Reviews can be viewed by any User and will remain viewable until the relevant Service Provider Account and/or Service Listing is removed or terminated.
- Customers must only provide true, fair and accurate information in their Reviews.
- If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Customer from posting further Reviews. We do not undertake to review each Review made by Customers.
- To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
- You may not publish Reviews of Service Providers to whom you have a personal or professional relationship (separately from the Platform).
- You may only write a Review about a Service Provider if you have had a buying or service experience with that Service Provider, which means that:
- you have purchased a product or service from that Service Provider via the Platform; or
- you have placed an order with the Service Provider via the Platform; or
- you can otherwise document your use of the Service Provider’s service, including via correspondence or other interaction with the Service Provider via the Platform,
- You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
- You may not write a Review about a Service Provider you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Service Provider, or work for the Service Provider. Similarly, you may not write a Review about a direct competitor to the Service Provider you own, are employed by or work for.
- Your Service Experience must have occurred within the last 12 months when you submit a Review.
- You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Service Provider to write a Review, you should include information about this in your Review. Incentives include the Service Provider offering you a gift, reward, discount or advantage for writing a Review about the Service Provider.
- LINKED BUSINESSES
You acknowledge and agree that:
- the Platform provides links and introductions to Service Providers owned and operated by third parties that are not under the control of the Company;
- the provision by the Company of introductions to Service Providers does not imply any endorsement or recommendation by the Company of any Service Provider;
- the Company does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Service Provider who uses or is listed on the Platform; and
- any terms and conditions relating to a Service Listing or quote provided via the Platform constitute a contract between you and the Service Provider once agreed in accordance with clause 1 and do not involve the Company in any way.
- COMMUNICATION OUTSIDE THE PLATFORM
- You must not communicate with a Service Provider, or request or entice a Service Provider to communicate with you, outside the Platform (except in the course of accepting Service Provider services that were agreed in a Service Listing or Service Request). The Platform has a chat service, and the Company recommends that the said chat service be used for any communications with a Service Provider. A summary of the chat/communications between you and the Service Provider may be retained by the Company, as well as shared with you and the Service Provider, for record purposes.
- The Company, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 6.
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