INTRODUCTION
1. FIND & OFFER SERVICES ON ENEEDSU
2. CONTRACT BETWEEN CLIENTS AND SERVICE PROVIDERS ("SP")
3. MINIMUM AGE
4. BEST PRACTICES
5. ABUSE
6. MARKETPLACE & LINK TO THIRD PARTY WEBSITES
7. BACKGROUND AND VERIFICATION CHECKS
8. CONTENT
9. INFRINGEMENT
10. LIABILITY
11. RELEASE
12. THIRD PARTY RIGHTS
13. PERSONAL INFORMATION
14. RESOLUTION OF DISPUTES
15. GENERAL
Introduction
Welcome to eNeedsU!
By accessing eneedsu.com and its related websites, services, applications or tools (Collectively referred to as "eNeedsU") you do hereby represent and warrant that you have read, understand and agree to all terms and conditions stated herein. The eNeedsU websites are provided to you by eNeedsU Limited, registered in England and Wales with number 9974455.
You accept these Terms and Conditions by creating an account on eneedsu.com and by otherwise accessing or using the eNeedsU websites, services, applications and tools, including posting an ad; or as otherwise indicated on a specific site, service, application or tool and that you are giving eNeedsU permission to use and store such information consistent with this privacy policy and our Terms of Service.
BY USING OR ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
1. Find & Offer services on eNeedsU
eNeedsU is a web platform that enables the connection between people with a common interest for service delivery. "Clients" are individuals and/or businesses seeking to obtain services from a Service Provider “SP” and are therefore clients of Service Providers, and "SPs" are individuals and/or businesses seeking to perform Service for Clients. Clients and SPs together are hereinafter referred to as "Users". If you agree on the terms of a service with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 2 below. Clients and SPs hereby acknowledges that eNeedsU cannot be held responsible in any way whatsoever for the service provided by the SPs as eNeedsU does not employ, supervise or direct the SPs nor control the work or services they provide in any manner. The eNeedsU Platform only enables connections between Users for the fulfillment of Services. eNeedsU is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services, SPs, Clients, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Users. eNeedsU makes no representations about the suitability, reliability, timeliness, or accuracy of the services requested and services provided by Users identified through the eNeedsU whether in public, private or offline interactions.
2. Contract between Clients and Service Providers (SPs)
You acknowledge and agree that a contract ("Service Agreement") is formed when you agree on the terms of a Service with another User. You agree that eNeedsU is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between eNeedsU and its users (SPs and Clients). The Client shall pay for completed services either directly to the SP or through a payment service platform like Paypal at the rate indicated by the SP on the eNeedsU website or as per agreed. Each party agrees to comply with the eNeedsU Best Practices (Section 4) during the engagement, performance and completion of a Service. Both parties agree that eNeedsU cannot be held responsible for any disputes between the users and that in such a case of disputes users options with eNeedsU will be to post a review and give a rating for the service or for a non- performed service after a booking was made and agreed; and users will also have the possibility to write a complaint by email and send it to abuse@eneedsu.com and your query will be dealt as per Section 5.
3. Minimum age
To be eligible to sign up for eNeedsU, you must be at least 13 years old. However, children under the age of 18 may only use the eNeedsU services with the agreement of a parent or guardian. For a comprehensive access to eNeedsU services, the account holder must be 18 or older. eNeedsU will not take any responsibility for underage users accessing restricted categories of services. We also reserve the right to suspend or terminate your account on this site without notice if we discover or have any reason to suspect that you are accessing an "age restricted" category of service while being under 18 years of age.
4. Best Practices
For successful interactions and repeat business, users shall follow the following best practices:
♦ Be professional in all interactions
♦ Always communicate politely & maintaining positive relationships with other users
♦ Scope the requested service on chat to confirm Client's expectations before you accept to provide a service.
♦ Be trustworthy and reliable - Complete the Service you accept as agreed to.
♦ Be punctual.
♦ Perform high quality work - know your skills, set clear expectations and only do tasks you know that you can accomplish to the Client's satisfaction.
♦ Be Safe. If in doubt, don't do it; and if you want to report bad practice or suspicious behavior you can send your concern to abuse@eneedsu.com.
As a condition of your use of eNeedsU you also agree that you will not:
◊ Violate any laws
◊ Post any threatening, abusive, defamatory, obscene or indecent material
◊ Post or communicate any false or misleading material or information
◊ Infringe any third-party right
◊ Distribute spam, chain letters or promote pyramid schemes
◊ Distribute viruses or any other technologies that may harm eNeedsU or the interests or property of eNeedsU users
◊ Impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of eNeedsU
◊ Copy, modify, or distribute any other person's content without their consent
◊ Use any robot spider, scraper or other automated means to access eNeedsU and collect content for any purpose without our express written permission
◊ Harvest or otherwise collect information about others, including email addresses, without their consent
◊ Copy, modify or distribute rights or content from the eNeedsU site, services, applications or tools or eNeedsU's copyrights and trademarks
◊ Harvest or otherwise collect information about users, including email addresses, without their consent
◊ Bypass measures used to prevent or restrict access to eNeedsU
You are solely responsible for all information that you submit to eNeedsU and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of eNeedsU either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Terms and Conditions in any way and/or behaving suspiciously on the eNeedsU websites, services, applications or tools, we may, at our discretion, inform other eNeedsU users that have been in contact with you and recommend that they exercise caution.
5. Abuse
eNeedsU and the eNeedsU community work together to keep the eNeedsU websites, services, applications and tools working properly and the community safe. Please report problems, offensive content and policy breaches by emailing us to abuse@eneedsu.com. Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off eNeedsU if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the EneedsU Principles or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the eNeedsU employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off eNeedsU or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on eNeedsU or use of eNeedsU by users. You acknowledge that your ads may be deleted from the eNeedsU sites, services, applications or tools in case we believe it breaches, either directly or indirectly, our values, our Terms of Use or the Posting Rules.
6. Marketplace & link to third party websites
Our website contains links to websites owned and operated by third parties. If you use these links, you leave our Website. These links are provided for your information and convenience only and are not an endorsement by ENeedsU of the content of such linked websites or third parties. ENeedsU has no control over the contents of any linked website and is not responsible for these websites or their content or availability. Therefore ENeedsU makes no warranties or representations, express or implied, about such linked websites, the third parties they are owned and operated by, the information contained on them or the suitability and quality of any of their services. If you decide to access any third party websites and make use of the information contained on them, and/or enter into any contract for the supply or demand of services from such third party, and/or make any payment to such third party, you do so entirely at your own risk. ENeedsU accepts no liability for any damage or loss caused in connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked website. Your use of any website and any personally-identifiable information or other information that you provide to any third party through a linked site is subject to the terms and conditions and privacy policy of such linked site, and not subject to these Terms or to eNeedsU's Privacy Policy. No third-party provider of data or software applications (including but not limited to Apple, Google, or any other third party) endorses or takes responsibility for the Service or for eNeedsU.
7. Background and Verification Checks
Users may be subject to an extensive vetting process before they can register for and during their use of the ENeedsU Platform, including but not limited to a verification of identity and a comprehensive criminal background check, at the Country, State and local level, using third party services as appropriate. Users hereby give consent to Company to conduct background checks as often as required in compliance with Federal, State and/or Local Jurisdiction laws, including, without limitation, the Fair Credit Reporting Act. Although EneedsU may perform background checks of Users, as outlined above, EneedsU cannot confirm that each User is who they claim to be and therefore, Company cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the ENeedsU Platform. When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don''t know.
NEITHER ENEEDSU NOR ITS AFFILIATES IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE ENEEDSU PLATFORM AND YOU HEREBY RELEASE ENEEDSU AND ITS AFFILIATES FROM ANY LIABILITY RELATED THERETO. ENEEDSU AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE ENEEDSU PLATFORM.
8. Content
All of the Service's content, meaning, by way of example, the text, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source code (collectively, the "eNeedsU Content") are the intellectual property of eNeedsU or third parties. You agree that you do not obtain any rights to the Service or any eNeedsU Content, except for the limited license to use the same in accordance with these Terms. You might encounter various trademarks, trade names, distinctive marks, or trade dress in the Service. These are the property of eNeedsU or third parties. Use of the Service does not give you any rights over them. Appearance of a trademark, product, brand, or name in the Service does not imply that eNeedsU has a business relationship, ownership, or endorsement thereof. eNeedsU contains content from us, you, and other users. eNeedsU is protected by copyright laws and international treaties. Content displayed on or via eNeedsU is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from eNeedsU without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in eNeedsU. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of eNeedsU (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content. You may not have the opportunity to review all of the supplemental data before posting an ad. eNeedsU is not responsible for the accuracy of any third party supplied supplemental data. You remain responsible for ensuring that your ads are accurate, do not include misleading information and fully comply with these Terms and Conditions and all eNeedsU policies. If you notice inaccuracies in this data after your ad appears on the site please update it accordingly or get in touch with us.
9. Infringement
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark. A large number of services of all sorts are offered on eNeedsU by private individuals. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by eNeedsU. Reporting an infringement: In order to report an infringement and enable rights owners to ensure that the information offered by eNeedsU users do not infringe any copyright, trademark or other intellectual property rights, you will need to send an e-mail to infringement@eneedsu.com reporting the advertisement which may infringe on your property rights, with the appropriate proof to ensure you are either the entitled party or the officially authorized representative. Make sure to enable eNeedsU to identify the advertisement to be removed.
10. Liability
The eNeedsU Platform is only a venue for connecting Users. Because eNeedsU is not involved in the actual contact between Users or in the completion of the Services, in the event that you have a dispute with one or more Users, you release eNeedsU and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
ENEEDSU EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE FROM DISPUTE BETWEEN USERS OF ITS ENEEDSU PLATFORM.
In the event of bodily injury to Users or third parties or damages to Clients property or third parties arising directly from a SP's negligence in performance of a service booked through the eNeedsU Platform, you agree that eNeedsU will not be held responsible and that users should be taking full responsibility for their actions and make sure they are covered with civil liability insurance or similar insurance as per the laws of their country of residence and also make sure they are covered in the country they perform the service in, if they were to offer a service abroad.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You also acknowledge and agree that the service and all content is provided "as is", "as available", without warranty of any kind, either express or implied, including, without limitation, any warranties of title, non-infringement, merchantability or fitness for a particular purpose. None of eNeedsU, its affiliates, subsidiaries, or its or their officers, directors, employees or agents (collectively, the "eNeedsU parties") warrant that the service or any eNeedsU content will be timely, secure, uninterrupted or error free, or that defects will be corrected. None of the eNeedsU parties shall be liable for any damages to you or your computer equipment or other property on account of your access to or use of the service or any eNeedsU content. Your use of the service and the eNeedsU content is entirely at your own risk. Your sole and exclusive remedy for dissatisfaction with the service or the eNeedsU content is to stop using the eNeedsU website.
As a user, you are solely responsible for your interaction with other users of the service. eNeedsU is a mere intermediary between the users and shall not be held liable nor accept any kind of liability for the use they make of the website or for the outcome of a service offered or booked through eNeedsU.
ENeedsU does not employ, supervise or direct Users nor review or approve anything the users offer through the platform of services. None of the eNeedsU parties is a party to, or has any responsibility or liability with respect to, any transaction, communication or interaction between users of the service or for any products that are the subject of any transaction made using the service. None of the eNeedsU parties endorse any service that is the subject of any transaction made through our platform. None of the eNeedsU parties can be held responsible for the conduct, whether online or offline, of any user of the service. eNeedsU and the eNeedsU parties expressly disclaim any and all liability in connection with the foregoing.
Any complaint or dispute that may arise between the users of the service must be resolved by them and they shall hold the eNeedsU parties entirely harmless. You agree not to hold us responsible for things other users post or do. We do not review users' postings and are not involved in the actual transactions between users. As most of the content on eNeedsU comes from users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect or consequential damages arising out of your use of, or inability to use eNeedsU, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Notwithstanding the foregoing, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.
11. Release
If you have a dispute with one or more eNeedsU users, you release us (and our officers, directors, agents, subsidiaries, investors and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
12. Third party rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
13. Personal Information
By using eNeedsU, you agree to the collection, transfer, storage and use of your personal information by eNeedsU. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications. You agree to be responsible for keeping your password safe and to accept any liability for damages that may arise from any use thereof, including assignment, disclosure, and/or loss thereof. Any use or access of the Service with your password will be considered to have been performed by you, and you will be responsible for said access and use.
14. Resolution of disputes
If a dispute arises between you, eNeedsU or a third party, we strongly encourage you to first contact us directly to seek a resolution by going to the eNeedsU Help page or by contacting us via dispute@eneedsu.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
15. General
These terms and the other policies posted on eNeedsU constitute the entire agreement between eNeedsU and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. This Agreement shall be governed and construed in all respects by the laws of England and Wales, and although your use of the eNeedsU Service may also be subject to other laws, you expressly agree that exclusive jurisdiction for any claim or dispute with eNeedsU Limited or relating in any way to your use of the eNeedsU Service resides in the courts of England and Wales. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to eNeedsU Limited, 122e Heath Road, TW1 4BW, United Kingdom. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the eNeedsU website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.