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Terms and conditions of use

1. Introduction

1.1 These terms and conditions shall govern your use of Remoovaz website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register on our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2. Copyright notice

2.1 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Permission to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

(d) use our website services by means of a web browser subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.6 Notwithstanding Section 3.5, you may redistribute our newsletter/blog in print and electronic form to any person.

3.7 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4. Misuse of website

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) hack or otherwise tamper with our website;

(d) probe, scan or test the vulnerability of our website without our permission;

(e) circumvent any authentication or security systems or processes on or relating to our website;

(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h) decrypt or decipher any communications sent by or to our website without our permission;

(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k) use our website except by means of our public interfaces;

(l) violate the directives set out in the robots.txt file for our website;

(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);

4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Use on behalf of organisation

5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a) yourself; and

(b) the person, company or other legal entity that operates that business or organisational project,

to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.

6. Buyer registration and accounts

6.1 This Section 6 applies to buyers and prospective buyers.

6.2 To be eligible for a buyer account on our website under this Section 6, you must be at least 18 years of age.

6.3 You may register for a buyer account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

7. Service provider registration and accounts

7.1 This Section 7 applies to you if you are, or wish to be, a service provider offering services to buyers through our website.

7.2 To be eligible for a service provider account on our website under this Section 7, you must be operating a business and:

(a) if you are a sole trader, you must be at least 18 years of age and resident in England and Wales;

(b) if you are a partnership, you must be established under the laws of England and Wales; and

(c) if you are a limited company or other limited liability entity, you must be incorporated in England and Wales.

7.3 You may register for a service provider account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

7.4 You must keep your service provider account information up to date.

8. User login details

8.1 If you register for an account with our website, you will be asked to choose a user ID and password.

8.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 20; you must not use your account or user ID for or in connection with the impersonation of any person.

8.3 You must keep your password confidential.

8.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

8.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

9. Reviews

9.1 We publish reviews of services on our website.

9.2 Reviewers are or may be independent from us; accordingly, reviews published on our website do not necessarily reflect our views and opinions.

9.3 You acknowledge that reviews published on our website may be out of date, biased, partial, misleading and/or inaccurate.

9.4 You should not rely upon reviews published on our website to make decisions or determine courses of action, and you should conduct your own research before making a decision or embarking upon a course of action.

9.5 Subject to Section 25.1, we will not be liable to you for any loss or damage arising from any reliance you may place on any review published on the website.

9.6 You agree to the publication of reviews relating to you and your business, by others, on our website; you acknowledge that such reviews may be critical or defamatory or otherwise unlawful; and, subject to Section 25.1, you agree that you will not hold us liable in respect of any such reviews, irrespective of whether we are aware or ought to have been aware of such reviews.

10. User reviews

10.1 We publish reviews by users on our website.

10.2 If you have registered with our website, you may submit reviews for publication on the website, subject to these terms and conditions.

10.3 Your reviews must be honest, reasonable and bona fide reviews of services received.

10.4 You may only post a review if you have booked a service.

10.5 You must not post a review if:

(a) you have a financial interest in the subject matter of the review;

(b) you are an owner, partner, member, employee, business partner or affiliate of any person who has a financial interest in the subject matter of the review; and/or

(c) you are otherwise connected with, or related to, any person who has a financial interest in the subject matter of the review.

10.6 For the avoidance of doubt, your reviews constitute "your content" for the purposes of Section 20.

10.7 You acknowledge that we may publish and otherwise use, in conjunction with your reviews, the name you provide to us, but we shall have no obligation to do so.

10.8 You hereby waive all your moral rights in your reviews to the maximum extent permitted by applicable law and warrant that all other moral rights in your reviews have been waived to the maximum extent permitted by applicable law.

10.9 You acknowledge that the user reviews published on our website are submitted by users, and that we do not usually review, approve or edit such reviews; accordingly, we do not warrant the completeness or accuracy of the user reviews.

11. Service rules

11.1 You must not use our website to advertise, buy, sell or supply physical products, intangible products or downloadable products.

11.2 You must not advertise, buy, sell or supply through or in relation to our website any service that:

(a) breaches any law, regulations or code, or infringes any person's intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;

(b) involves the supply, distribution or publication of any material that would, if published on our website by you, contravene the provisions of Section 4 or Section 20.

12. Services marketing

12.1 You can find out about the additional distribution channels and affiliate programmes through which we might market the services offered by services providers through our website by contacting support@remoovaz.com

13. Data

13.1 You may, if you have a services provider account on our website, access your information provided by you on your dashboard on our website.

13.2 We will have access to all information provided or generated by you and other users in the course of the use of our marketplace services.

13.3 We may provide to third parties information provided or generated by you and other users in the course of the use of our marketplace services in the following circumstances only:

(a) where necessary for the proper functioning of our website;

(b) in the case of non-personal data, detail sharing; and

(c) in the case of personal data, in accordance with our privacy policy (which includes information about opting-out of such data sharing).

13.4 You will have no contractual right under these terms and conditions or otherwise to access information provided or generated by you or by other users when using our marketplace services, except as specified in this Section 13.

14. The buying and selling process

14.1 You agree that a contract for the purchase and supply of a service or services will come into force between you and another registered website user, and accordingly that you commit to purchasing or supplying the relevant service or services, in the following circumstances:

(a) a buyer must select the services he or she wishes to purchase on the website, and then proceed to the book and make payments;

(b) if the buyer is a new user, he or she must create a buyer account with the website and log in; otherwise, the buyer must enter his or her login details;

(c) once the buyer is logged in, he or she must select the preferred date and time for the supply of the services and confirm the booking and his or her consent to these terms and conditions and the applicable terms and conditions of supply;

(d) the buyer will be transferred to the website of the appointed payment service provider, and the payment service provider will handle the buyer's payment; buyers must submit payment in full via credit or debit card;

(e) the website will then send to the buyer an automatically generated booking confirmation with the job details (at which point the order will become a binding contract between the service provider and the buyer).

(f) If we are not able to fulfil the buyer’s booking request, we will confirm this by email to the buyer.

15. Terms and conditions of supply

15.1 Service providers must use the website interface to create legal notices applying to their relationships with service buyers.

15.2 Service providers must ensure that:

(a) the service provider's legal notices are sufficient to meet the service provider's legal disclosure obligations and other legal obligations;

(b) to the extent required by applicable law, the service provider registers with relevant tax authorities and pays all relevant taxes in relation to the service provider's supplies of services; and

(c) the service provider complies with all laws applicable to their service listings and supplies of services, including where applicable the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Electronic Commerce (EC Directive) Regulations 2002.

15.3 Notwithstanding any terms agreed between a buyer and a service provider, the following provisions will be incorporated into the contract for the supply of services between the buyer and the service provider:

(a) the total price for services booked will be as stated in the job details page on our website;

(b) other amounts and VAT and other taxes will only be payable by the buyer if this is expressly and clearly stated in the service provider price;

(c) provision of the services must be made within the scheduled date on the job details otherwise the booking should be updated or rescheduled on our website only;

(d) appropriate means of provision of services must be used by the service provider;

(e) services must be provided with reasonable care and skill and must conform in all material respects to the description of the services and any other description of the services supplied or made available by the service provider to the buyer;

15.4 Both buyers and service providers undertake to comply with the agreed terms and conditions of supply.

16. Cancellation

16.1 You can cancel your booking 48hours before the service date without any charge. Cancellations are made less than 48 hours of the scheduled service date, but more than 24 hours are subject to 50% cancellation fee. Customers will be charged full price for all cancellations done in less than 24 hours of the scheduled service date.

16.2 We will refund money using the same method used to make the payment.

16.3 We will process the refund due to the buyer as a result of a cancellation on the basis described in this Section 16.1 without undue delay and, in any case, within the period of 14 days after the day on which Remoovaz is informed of the cancellation.

17. Marketplace fees

17.1 Marketplace service providers must pay to us the following amounts:

(a) commission in respect of each sale of services made through our website.

17.2 Marketplace customers must pay to us the following amounts:

(a) Platform support fee in respect of services booked through our website.

 

17.3 In respect of fees payable to us by service providers:

(a) the fees will be as specified on our website from time to time; and

(b) the scope and duration of the services in respect of which the fees are payable will be as specified on our website at the time those fees are paid.

17.4 In respect of commission payable to us by service providers:

(a) commission shall be payable at the rate specified on our website from time to time (these rates exclude value added taxes)

(b) we shall deduct commission due from amounts held or processed by us on behalf of the service provider; and

(c) Platform support fee are non-refundable, irrespective of whether a buyer subsequently cancels the underlying order and irrespective of whether a buyer is entitled to, or receives, a refund in respect of such an order.

17.5 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.

17.6 If we are required by applicable law to make any VAT deductions to or on payments made by us to a service provider or processed by us on behalf of a service provider under these terms and conditions, we shall remit those deductions to the relevant government or tax authorities. We shall provide written evidence of any such tax payments to the service provider. The service provider must reimburse us in respect of such tax payments and, without prejudice to our other rights under these terms and conditions, we may deduct an amount equal to any such tax payments from payments due to the service provider under these terms and conditions.

17.7 Promptly following receipt of a written request from us, you must supply to us any information and documentation that we may reasonably request in order to identify you or facilitate our compliance with our legal obligations relating to the taxation of payments made to us or processed by us under or in relation to these terms and conditions. We may supply such information and/or documentation to relevant government and tax authorities.

17.8 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

17.9 We may vary commission rates from time to time by posting new rates on our website, but this will not affect any liability to pay commission that accrues before the new rates are posted.

18. Payments

18.1 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

18.2 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

18.3 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

18.4 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

19. Our role

19.1 You acknowledge that:

(a) we do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them;

(b) we are not party to any contract for the supply of services advertised on the website (except the marketplace and payment processing services made available to buyers and services providers under these terms and conditions);

(d) we are not involved in any transaction between a buyer and a service provider in any way, save that we facilitate a marketplace for buyers and service providers and process payments on behalf of service providers;

(e) we are not the agents for any buyer or service provider,

and accordingly we will not be liable to any person in relation to the offer for supply of any services advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or supply of any services and we will have no obligation to mediate between the parties to any such contract.

19.2 You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to Section 28.1 you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.

19.3 The provisions of this Section 19 are subject to Section 25.1.

20. Our rights to use your content

20.1 In these terms and conditions, "your content" means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website].

20.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and, with your specific consent, publish your content on and in relation to this website.

20.3 You grant to us the right to bring an action for infringement of the rights licensed under Section 20.2.

20.4 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

20.5 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

21. Provision of contact details

21.1 Save where expressly requested or permitted by us to do so, you must not add any information to our website that may facilitate direct communications with other users (including without limitation email addresses, postal addresses, instant messaging IDs, telephone numbers, fax numbers, personal website URLs and social networking profile URLs).

22. Report abuse

22.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

22.2 You can let us know about any such material or activity by email support@remoovaz.com

23. Suspension and restriction of services

23.1 If we decide to suspend and/or restrict your services provider] account on our website:

(a) we will provide to you contemporaneous or prior written notice of the suspension and/or restriction;

(b) alongside that notice, we will provide to you a statement of the reasons for the suspension and/or restriction, unless we are under a legal or regulatory obligation not to do so; and

(c) if you would like to contest the suspension and/or restriction, you may do so by writing to us using the contact details set out in these terms and conditions.

23.2 Subject to the other provisions of this Section 26, if we decide to suspend and/or restrict your account on our website, we may do so at any time in our sole discretion with or without notice to you.

23.3 Where we suspend or restrict access to our website or services, you must not take any action to circumvent such suspension or restriction (including without limitation creating and/or using a different account).

24. Limited warranties

24.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date;

(c) that the website will operate without fault; or

(d) that the website or any service on the website will remain available.

24.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

24.3 To the maximum extent permitted by applicable law and subject to Section 25.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

25. Limitations and exclusions of liability

25.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

25.2 The limitations and exclusions of liability set out in this Section 28 and elsewhere in these terms and conditions:

(a) are subject to Section 28.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

25.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

25.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

25.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

25.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 25.7 shall not apply.

25.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

25.8 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:

(a) £250 per job; and

(b) the total amount paid and payable to us under the contract.

26. Indemnity

26.1 You hereby indemnify us, and undertake to keep us indemnified, against:

(a) any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions;

(b) any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our website, where that liability arises out of your failure to pay or to register to pay any VAT or other tax properly due in any jurisdiction.

27. Termination

27.1 We may terminate a contract under these terms and conditions at any time in our sole discretion with or without notice to you, except as specified in this Section 30.

27.2 You can cancel your booking 48hours before the service date without any charge. Cancellations are made less than 48 hours of the scheduled service date, but more than 24 hours are subject to 50% cancellation fee. Customers will be charged full price for all cancellations done in less than 24 hours of the scheduled service date.

27.3 If you have a services provider account on our website, we may only terminate a contract under these terms and conditions in the following circumstances:

(a) you breach these terms and conditions or act inconsistently with the spirit of these terms and conditions;

(b) you breach any applicable laws, infringe the legal rights of any person or create legal liabilities for us or any other person, in each case in relation to your use of our website;

(c) you abuse our systems, our users or our personnel;

(d) you are or become insolvent, bankrupt or unable to pay your debts as they fall due;

(e) you do not respond within [90 days], substantively and reasonably, to communications that we send to you via our website soliciting a response;

(f) you do not log into our website during a period exceeding 90 days;

(g) we decide to cease publishing our website or providing our services; or

(h) we decide to make fundamental changes to our services.

28. Third party websites

28.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

28.2 We have no control over third party websites and their contents, and subject to Section 25.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

29. Trade marks

29.1 Remoovaz logo and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

29.2 The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

30. Variation

30.1 We may revise these terms and conditions from time to time without any notice to you. Please always read these terms and conditions before accepting and booking any service.

30.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

31. Assignment

31.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

31.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

32. Severability

32.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

32.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

33. Entire agreement

33.1 Subject to Section 25.1, these terms and conditions, together with our privacy and FAQ section shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

34. Law and jurisdiction

34.1 These terms and conditions shall be governed by and construed in accordance with English law.

34.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

35. Statutory and regulatory disclosures

35.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

36. Our details

36.1 This website is owned and operated by Remoovaz Ltd

36.2 We are registered in England and Wales under registration number 12348674.

36.3 Our principal place of business is at Cranfield Bedfordshire.