TERMS AND CONDITIONS
Welcome to Roamaphy!
These are the terms and conditions for:
• Roamaphy.co.uk
• Roamaphy
By accessing Roamaphy and using the services, you agree to be bound by these terms and conditions and our Privacy Policy. If you do not accept all these terms, you will not be able to use the services of Roamaphy. In these terms, "we", "our" and "Roamaphy" refer to Roamaphy and "you" and “your" refer to you, the user of Roamaphy.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES.
ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of Roamaphy. By using Roamaphy, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse Roamaphy website) or you are a “User” (which means that you have registered on Roamaphy as a Contractor or Client). If you do not accept the terms of this Agreement, you should leave Roamaphy and discontinue use of the platform immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on Roamaphy. You agree to be bound by any modification to this Agreement when you use Roamaphyafter any such modification is posted; it is therefore important that you review this Agreement regularly.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Company may, in its sole discretion, refuse to offer the platform to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service and the platform is revoked in such jurisdictions.
ELIGIBLITY
You may use the platform and services only if you can form a binding contract with Roamaphy, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of this website and platform for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.
The platform and services may not be available to any Users previously removed by Roamaphy. By using the platform and services, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
THE SERVICES
A. Application is Solely a Venue
Roamaphy is a technology marketplace where Clients and Contractors can identify each other and buy and sell services. Subject to the terms of this Agreement, Roamaphy provides services to Clients and Contractors, including hosting and maintaining the Roamaphy website, and enabling the formation of Contracts. When a Client and a Contractor enter into a Contract, Roamaphy will connect the Client and Contractor via email to engage, and communicate. Roamaphy will manage the invoicing process and provide clients with the facility to pay online via Stripe.
Unless otherwise agreed by Roamaphy in a separate written agreement with you, Roamaphy is made available solely for your personal, noncommercial use. Roamaphy does not itself provide the Contractor Services. The provision of all Contractor Services is up to the Contractors. Roamaphy WEBSITE, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH CONTRACTOR SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH SERVICES, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICE AND/OR WORK PRODUCT PROVIDED TO YOU BY CONTRACTORS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. Roamaphy IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD-PARTY PROVIDER.
B. Users
Contractors: Contractors register on the platform for the purpose of publishing their user profiles and service portfolio. If you wish to register as a Contractor, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the service, you represent that you are of legal age to form a binding contract under the laws. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Roamaphy (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. (c) Contractors will be responsible for their own insurance. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Roamaphy reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof) at any time.
Clients: A Client is a person who accesses the Roamaphy platform, to search and buy service offers published by Contractors users. If you wish to become a Client user, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the service as a Client, you represent that you are of legal age to form a binding contract under the laws of the State of Kuwait or another applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Roamaphy and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Roamaphy reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.
C. How it works?
Contractors
1. Publish your profile and portfolio: Roamaphy will publish your profile and services according to the information you provide. Be as specific as possible so your Clients will know exactly what they are getting for the money they are paying. The Contractor must provide a radius of location, where the contractor will provide the services. The radius of services shall be included in the Contractor's profile. The information will be provided to Clients following enquires.
2. Communicate promptly: Respond to customer and Roamaphy enquiries, as well as requests for custom offers, within a reasonable time. Good communication is a prerequisite for successful cooperation. Contractors must confirm appointments for services direct with the Client, and keep the client updated on the progress of the work.
3. Build your reputation: Make sure you treat all of your customers the same, and try to provide the best possible service regardless of the transaction value. Satisfied customers will recommend you to their friends.
Clients
1. Find a service that you need: Compare prices, portfolios, delivery time, and community recommendations in order to find a Contractor that best suits your needs. If you have a specific question, simply send them Roamaphy an enquiry.
2. Supply your brief: Be as detailed as possible so the Contractor can provide you with the quality service that you are expecting. Your payment is held secure until you confirm that the service is performed to your satisfaction.
3. Manage transaction: Exchange files and feedback with the Contractor via the built-in conversation and transaction management system. The Contractor will deliver service within a specified time frame.
4. Approve service delivered: Once you are happy with the service performed, you must fill in a completion form to confirm you are satisfied with the services provided, and we’ll make sure that the Contractor gets paid. Upon receipt of products you will have 7 days to provide feedback by sending Roamaphy the completion form. Once completion form is received from the client, payment will be released to the contractor within 48 hours. If completion form is not received within 7 days, payment will be released to the Contractor without delay. Any discrepancies raised after the 7 days, after the payment has been released to the contractor will not be considered for refund.
D. Services
Upon the Client purchases a service offered by the Contractor, the Client and the Contractor will be deemed to have entered into a contract under which the Client agrees to purchase, and the Contractor agrees to deliver the Contractor Services.
You are solely responsible for ensuring that you comply with your obligations to Contractors. If you do not, you may become liable to such Contractor. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Client, or in any other uses you make of the Roamaphy services.
If a Contractor breaches any obligation to you, or causes any damages to you or your property or rights, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a Client Contract or for any damages to your person, property or rights caused by Contractor.
Depending on their jurisdiction, Clients and Contractors may have rights under statutory warranties that cannot lawfully be excluded. Nothing in these Terms is intended to override a right that by applicable law may not be excluded.
Each Client and Contractor acknowledges and agrees that the relationship between such Client and any Contractor is that of an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between any Client and any Contractor. Nothing in these Terms shall in any way be construed as forming a joint venture, partnership or a Client-employee relationship between Roamaphy and any Client or Contractor.
E. Client Deliverables
Client grants Contractor a limited, non-exclusive, revocable (at any time, at Client's sole discretion) right to use the Client Deliverables as necessary for the performance of the Services. Client reserves all other rights and interest, including, without limitation, all Proprietary Rights, in and to the Client Deliverables. Upon completion or termination of the Service Contract, or upon written request by the Client, Contractor shall immediately return all Deliverables to the Client and further agrees to purge all copies of Client Deliverables and Work Product contained in or on Contractor's premises, systems, or any other equipment otherwise under Contractor's control.
F. Work Product
Any copyrightable works or works for hire prepared by Contractor in connection with a Fixed-Price Contract for Client shall be owned by the Contractor until payment has been made by the Client and accepted by the Contractor.
To the extent that under applicable law, Proprietary Rights cannot be assigned, Contractor hereby irrevocably agrees to grant, and hereby grants, to Client an exclusive (excluding also Contractor), perpetual, irrevocable, unlimited, worldwide, fully paid, and unconditional license to use and commercialise Work Product in any manner now known or in the future discovered. To the extent such license grant is not fully valid, effective or enforceable under applicable law, Contractor hereby irrevocably agrees to grant, and hereby grants, to Client, such rights as Client reasonably requests in order to acquire, as close as possible, all rights equivalent to full legal ownership. In order to ensure that Client will be able to acquire, perfect and use such Proprietary Rights, Contractor will: (i) transfer possession, ownership, and title to media, models, and other tangible objects containing Work Product to Client; (ii) sign any documents at Client's request to assist Client in the documentation, perfection and enforcement of its rights; and (iii) provide Client with support and reasonable access to information for recording, perfecting, securing, defending, and enforcing such Proprietary Rights. Contractor also irrevocably authorises Client to act and sign on Contractor's behalf and take any necessary steps in order to perfect Client's rights under this Agreement. In the case that under applicable law, Contractor retains any rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights" (collectively "Moral Rights") or other inalienable rights to Work Product or Confidential Information under this Agreement, Contractor irrevocably agrees to waive, and hereby waives, all such rights, or, to the extent Contractor cannot waive such rights, Contractor agrees not to exercise such rights, until Contractor has provided prior written notice to Client and then only in accordance with any reasonable instructions that Client issues in the interest of protecting its rights.
Contractor shall ensure that no Work Product created or delivered by Contractor includes any pre-existing software, technology or other intellectual property, whether such pre-existing intellectual property is owned by Contractor or a third party including, without limitation, code written by proprietary software companies or developers in the open source community (collectively "Pre-existing IP") without obtaining the prior written consent of the Client to the inclusion of such Pre-existing IP in the Work Product. Contractor acknowledges that, without limiting any other remedies, Contractor shall not be entitled to payment for, and shall refund any payments to Contractor for, any Services performed on a Contract if the Work Product contains any Pre-existing IP that was not approved in accordance with this Section.
G. Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of Roamaphy content and website; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Roamaphy content and the services, except as expressly permitted by Roamaphy; (iii) decompile, reverse engineer or disassemble Roamaphy website except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of Roamaphy website; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of Roamaphy website or unduly burdening or hindering the operation and/or functionality of any aspect of the Roamaphy website; or (vi) attempt to gain unauthorised access to or impair any aspect of the Roamaphy website or its related systems or networks.
H. Third Party Services and Content.
Roamaphy may be made available or accessed in connection with third party services and content (including advertising) that Roamaphy does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Roamaphy does not endorse such third-party services and content and in no event shall Roamaphy be responsible or liable for any products or services of such Contractors.
I. Ownership.
Roamaphy and all rights therein are and shall remain Roamaphy and all rights therein are and shall remain Roamaphy property. Neither these Terms nor your use of the Roamaphy convey or grant to you any rights: (i) in or related to the Roamaphy except for the limited license granted above; or (ii) to use or reference in any manner Roamaphy’s company names, logos, product and service names, trademarks or services marks or those of Roamaphy’s licensors.
Neither these Terms nor your use of the platform convey or grant to you any rights: (i) in or related to the Roamaphy except for the limited license granted above; or (ii) to use or reference in any manner Roamaphy’s company names, logos, product and service names, trademarks or services marks or those of Roamaphy’s licensors.
YOUR USE OF THE SERVICES
A. Accounts.
In order to use most aspects of Roamaphy, you must register for and maintain an active personal user services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Roamaphy certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Roamaphy website. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Roamaphy in writing, you may only possess one Account. Contractor profiles must accurately represent the Contractor’s experience, skills, and personal information.
B. User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not authorise third parties to use your Account, and you may not allow persons under the age of 18 to receive or provide Contractor Services 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 Roamaphy services (including, without limitation, all applicable labor laws), and you may only use the Roamaphy services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Roamaphy services cause nuisance, annoyance, inconvenience, or property damage, whether to the Contractor or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Roamaphy services, and you agree that you may be denied access to or use of the platform if you refuse to provide proof of identity.
C. Acceptable Use
During the term of this Agreement, you may use the platform for your personal use only (or for the use of a person, including a company or other organisation that you validly represent). You may use the Roamaphy services to book Contractor Services solely with respect to a location where you are legally authorised to have Contractor Services performed or to provide the Contractor Services. You may not use the Roamaphy services for any other purposes or in connection with any commercial endeavours whatsoever without our express prior written consent. You may not use the Roamaphy platform in violation of any law, statute, ordinance, or regulation. You agree that an order for Contractor Services is an offer, which is only accepted when you receive a confirmation of the order. You agree to treat Contractors courteously and lawfully, and to provide reasonable co-operation to Contractors to enable them to supply the Contractor Services. Contractors agree to provide the Contractor Services once it has accepted an order in a quality and workmanlike manner, and to provide such services courteously and lawfully and to the best of their ability, and to only accept the order if the Contractor is qualified and capable of performing such Contractor Services.
Roamaphy may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Community Areas”) that allow you to communicate with other users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. You shall NOT use the Roamaphy website (including but not limited to any Community Areas) to do any of the following: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Roamaphy staff.
• Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
• Use the Roamaphy website or any Contractor Services for any purpose or in any manner that is in violation of local, state, national, or international law.
• Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
• Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
• Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
• Advertise or offer to sell any goods or services for any commercial purpose through Roamaphy which are not relevant to the services offered through the platform.
• Conduct or forward surveys, contests, pyramid schemes, or chain letters.
• Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
• Post the same note repeatedly. Spamming is strictly prohibited.
• Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Roamaphy services.
• Restrict or inhibit any other user from using and enjoying the Community Areas.
• Imply or state that any statements you make are endorsed by Roamaphy, without the prior written consent of Roamaphy.
• Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index Roamaphy in any manner.
• Hack or interfere with Roamaphy, its servers or any connected networks.
• Adapt, alter, license, sublicense or translate the Roamaphy platform for your own personal or commercial use.
• Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Roamaphy.
• Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
• Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
• Use Roamaphy to solicit for any other business, website or service, or otherwise contact users for employment, contracting or any purpose not related to use of the Roamaphy platform as set forth herein.
• Use Roamaphy to collect usernames and or/email addresses of Users by electronic or other means.
• Register under different usernames or identities, after your account has been suspended or terminated.
You understand that all submissions made to Community Areas will be public and that you will be publicly identified by your name or login identification when communicating in Community Areas, and Roamaphy will not be responsible for the action of any Users with respect to any information or materials posted in Community Areas.
D. Client or Contractor Provided Content
Roamaphy may, in Roamaphy’s sole discretion, permit you (whether Clients or Contractors) from time to time to submit, upload, publish or otherwise make available to Roamaphy through the Roamaphy platform, textual, audio, and/or visual content and information, including commentary and feedback related to the Roamaphy, initiation of support requests, and submission of entries for competitions and promotions (“Content”). Any Content provided by you remains your property. However, by providing Content to Roamaphy, you grant Roamaphy a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, distribute, publicly display, and publicly perform such Content in all formats and distribution channels now known or hereafter devised for the purpose of providing services through the Roamaphy platform or otherwise in connection with Roamaphy’s business; provided that Roamaphy will try to notify you if it uses your Content for any reason other than displaying it on the Roamaphy platform.
E. Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Roamaphy services. Your mobile network's data and messaging rates and fees may apply if you access or use the Roamaphy website from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Roamaphy website and Apps and any updates thereto. Roamaphy does not guarantee that the Roamaphy website, or any portion thereof, will function on any particular hardware or devices. In addition, Roamaphy may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
PAYMENTS
Clients understand that use of the platform may result in charges to you for the services you receive from a Contractor (“Charges”). After a Client has received services obtained through your use of the platform, Roamaphy will facilitate your payment of the applicable Charges on behalf of the Contractor, as such Contractor's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by Client to the Contractor. Charges will be inclusive of applicable taxes where required by law. Charges paid by Client are final and non-refundable, unless otherwise determined by Roamaphy in its sole discretion. Client and Contractor each retains the right to request a modification to the Charges for services or goods received by Client from such Contractor, and such modified Charges for a particular service or good will become the new Charges if much modification is agreed to by the Client and Contractor.
All Charges are due immediately and payment will be facilitated by Roamaphy using the preferred payment method designated in Client’s Account, after which Roamaphy will send Client a receipt by email. If Client’s primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, Client agrees that Roamaphy may, as the Contractor’s limited payment collection agent, use a secondary payment method in Client’s Account, if available. Subject to Roamaphy’s rights under these Terms, Roamaphy will generally require payment from a Client prior to the performance of the applicable Contractor Services and will remit payment to Contractor after Client has confirmed within 7 days of the receipt of goods that the Contractor Services have been performed; provided that, notwithstanding anything to the contrary in these Terms, Roamaphy shall in no event be responsible for any nonpayment or late payments by Clients.
A. Payment methods
All payments to Roamaphy are handled securely. Services will be paid through credit card. Payment will be debited from your credit card immediately on you placing the order for the offer or service you have purchased. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide.
B. Commissions
Roamaphy will charge 20% for each transaction made on the platform between Clients and Contractors. The value of the commission will be deducted from the total value of each transaction, the remaining value will be credited to the contractor's account.
INTELLECTUAL PROPERTY; COPYRIGHT; CONFIDENTIALITY
A. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that you see or read through the platform is owned by Roamaphy, excluding Content that Roamaphy has the right to use as described in above. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Roamaphy owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Roamaphy website without Roamaphy’s express prior written consent and, if applicable, the holder of the rights to the Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Roamaphy and, if applicable, the holder of the rights to the Content.
The service marks and trademarks of Roamaphy, including without limitation “Roamaphy” and the Roamaphy logos are service marks owned by Roamaphy. Any other trademarks, service marks, logos and/or trade names appearing on the Roamaphy website are the property of their respective owners. You may not copy or use any of these marks, logos or trade names appearing on the platform without the express prior written consent of the owner.
B. Copyright Complaints
Roamaphy respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Roamaphy services infringe upon your copyright or other intellectual property right, please send the following information to:
i. Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
i. A statement specifically identifying the location of the infringing material, with enough detail that Roamaphy may find it on the platform. Please note: it is not sufficient to merely provide a top-level URL.
i. Your name, address, telephone number and e-mail address.
i. A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorised by the owner of the rights, or its agents, or by law.
i. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorised to act on the copyright owner's behalf.
i. An electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.
C. Confidential Information
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Roamaphy and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorised employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Roamaphy in writing of any circumstances, which may constitute unauthorised disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorised disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Roamaphy upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Roamaphy’s trade secrets, confidential and proprietary information and all other information and data of Roamaphy that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
A. Disclaimer
Products and services purchased or offered (whether or not following such recommendations and suggestions) through Roamaphy (including without limitation, Contractor Services)(“ Roamaphy Services”) are provided “AS IS” and without any warranty of any kind from Roamaphy or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE Roamaphy SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE Roamaphy SERVICES IS AT THE USER’S OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Roamaphy SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Roamaphy AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET USER’S REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Roamaphy DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF CONTRACTORS. USER’S AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH USER, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. YOU AGREE TO NOT HOLD Roamaphy RESPONSIBLE FOR YOUR ACTIONS OR OMISSIONS OR THE ACTIONS OR OMISSIONS OF ANY CLIENT OR CONTRACTOR.
B. Limitation of Liability
Roamaphy SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF Roamaphy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Roamaphy SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR PROVISION OF OR USE OF OR RELIANCE ON THE Roamaphy SERVICES OR YOUR INABILITY TO ACCESS OR USE THE Roamaphy SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN CLIENT AND ANY CONTRACTOR, EVEN IF Roamaphy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Roamaphy SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND Roamaphy'S REASONABLE CONTROL. CLIENT ACKNOWLEDGES THAT CONTRACTORS PROVIDING CONTRACTOR SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL Roamaphy 'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL FEES PAID BY, OR RECEIVED BY YOU TO/FROM Roamaphy DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
Roamaphy’S SERVICES MAY BE USED BY CLIENT TO REQUEST AND SCHEDULE SERVICES WITH CONTRACTORS, BUT YOU AGREE THAT Roamaphy HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY GOODS OR LOGISTICS SERVICES PROVIDED TO CLIENT BY CONTRACTORS OR WITH RESPECT TO CLIENT’S USE OF THE CONTRACTOR SERVICES (INCLUDING NON-PAYMENT) OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION, DO NOT PURPORT TO LIMIT LIABILITY OR ALTER CLIENT’S RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
C. Indemnity
You agree to indemnify and hold Roamaphy and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including but not limited to attorneys’ fees), arising out of or in connection with: (i) your use of the Roamaphy website or services or goods obtained or provided or sold through your use of the Roamaphy website, including any data or content transmitted or received by you, or any other party’s access or use of the Roamaphy services with your Username and password; (ii) your breach or violation of any of these Terms, applicable law, rule or regulation (including, without limitation, any tax or employment laws); (iii) Roamaphy’s use of your Content; or (iv) your violation of the rights of any third party, including Contractors and Clients.
DISPUTES BETWEEN CONTRACTORS AND CLIENTS
In case there is a problem or dispute between the Client and the Contractor, either party can inform Roamaphy about the situation. Roamaphy will open an investigation and dispute process and make a decision on the matter. The result will be at the discretion of Roamaphy, whether it results in a full or partial refund to the client, or a full or partial payment to the contractor. Users must abide by the final decisions of Roamaphy in the event of a request for dispute resolution.
DISPUTES
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 platform will be settled by binding arbitration between you and Roamaphy, 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.
PERSONAL DATA
Any personal information you post on or otherwise submit in connection with the Services and the use of the platform, will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.
ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Roamaphy for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes.
MISCELLANEOUS
A. Choice of Law
These Terms are governed by and construed in accordance with the United Kingdom laws, without giving effect to any conflict of law principles.
B. General
You may not assign these Terms without Roamaphy prior written approval. Roamaphy may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Roamaphy's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you or Roamaphy as a result of this Agreement or use of the platform. 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. Roamaphy's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed by Roamaphy in writing.
CONTACT US
If you have questions or concerns about these terms, please contact us at:
Enquiries@roamaphy.co.uk