These Terms (together with the documents referred to in them) sets out the terms upon which you may make use of our online platform [(accessible via web-browser at www.seekaserv.com and/or mobile app)] which seeks to put potential customers of businesses in touch with providers of relevant services (Platform). Please read these terms of use carefully before you start to use the Platform, whether as a guest or a registered user.

By using our Platform, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please immediately stop using our Platform and leave our website/delete our app, as appropriate.

You also agree that you are bound by any Acceptable Use Policy and have (or will have prior to any use of the Platform website or app) read our Cookie and Privacy policies (in each case as provided or linked by us and as updated from time to time) in respect of your access to and use of the Platform or otherwise in respect of any other matters arising under these Terms.

Information about us

The Platform is operated by SeekaServ Global Limited (UK CRN: 13903898)] which has its registered office at 33 Queen St, London EC4R 1AP, trading as “Seekaserv” (Seekaserv/we/us).

1. Definitions

1.1.

In these Terms, the following words and expressions shall be defined as set out below:

Confirmed Customer:	a Potential Customer who, following a Post, enters into a Customer Contract
Customer(s)	You, a Potential Customer or a Confirmed Customer
Customer Contract:	a contract or arrangement between a Service Provider and a Customer for the provision by the Service Provider of services to that Customer
IPR:	patents, inventions, know-how, trade marks, service marks, logos, design rights (whether registrable or otherwise), applications for any of the foregoing, copyright, database rights, domain names, trade or business names, moral rights the right to sue for passing off and other similar rights or obligations whether registrable or not in any country or jurisdiction
Potential Customers	persons using the Platform to find service providers of services they require;
Post(s)	Request(s) for services by a Potential Customer sent to a Service Provider via the Platform
Response(s)	Response(s) by Service Provider(s) to Post(s)
Review	a review of and/or any comments about a Service Provider uploaded onto the Platform by you or on your behalf
Services	the services agreed to be provided by a Service Provider to a Confirmed Customer (which term shall including any goods or materials ancillary to the services);
Service Provider	a business who wishes to offer services to Potential Customers;

1.2       In these Terms, unless the context requires otherwise:

1.2.1    a reference to these Terms includes its schedules, appendices and annexes (if any);

1.2.2    any clause, schedule or other headings in these Terms is included for convenience only and shall have no effect on the interpretation of these Terms;

1.2.3    a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns;

1.2.4    a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns;

1.2.5    a reference to a ‘company’ includes any company, corporation or other body corporate, wherever and however incorporated or established;

1.2.6    a reference to a gender includes each other gender;

1.2.7    words in the singular include the plural and vice versa;

1.2.8    any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;

1.2.9    a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form (including  email); and

1.2.10 a reference to legislation is a reference to that legislation as amended, extended, re-enacted or consolidated from time to time.

2. Access to Platform

2.1       Access to our Platform is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Platform without notice. We will not be liable if for any reason our Platform is unavailable at any time or for any period.

2.2       From time to time, we may restrict access to some parts of our Platform, or our entire Platform, to users who have registered with us.

2.3       If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

2.4       You are responsible for making all arrangements necessary for you to have access to our Platform.  You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these terms, and that they comply with them.

2.5       The Platform is designed for use within the UK only. We make no promise that the Platform is appropriate or available for use in locations outside of the UK. If you choose to access the Platform from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.

3. Use of Platform and Liability

3.1        You may access and use the Platform subject to these Terms and your compliance with our Acceptable Use Policy.

3.2       You may use our Platform only for your own personal domestic use. If, in breach of these terms, you use it for commercial or other business purposes, then, to the fullest extent permissible by law, you agree that we have no liability to you for the consequences of such use on any ground whatsoever and that you will indemnify us against any losses, claims or expenses incurred by us (directly or indirectly) as a result of such use.

3.3       You (as a Customer) may post your requirements for services to the Platform. We call this ‘a Post’. You agree that any ‘Posts’ you make will reflect your genuine requirements and be made in good faith by you. Service Providers can then view and respond to your Post. We call this ‘a Response’. Following a Post and Response, the Platform may also be used for further communication between you and that Service Provider.

3.4       Your use of the Platform (as a Customer) is free. We charge Service Providers fees to access the Platform.

3.5       These Terms deal only with your relationship with us. You may find Service Providers via our Platform but we do not provide any of the Services to you and are not responsible for or seek to govern the terms of any contract for their supply between you and any such Service Provider. You will need to enter into a separate contract for the supply of any Services with your chosen Service Provider on such terms as you may agree with them, and we will not be party to the same. Any claims by you in respect of defective or sub-standard Services or in respect of any delay or failure to supply Services shall be made by you against the relevant Service Provider and not against us.

3.6       The information available on or via the Platform about Service Providers and the services they provide has been provided by them [and made available to you in good faith by us], but we do not warrant or guarantee its accuracy to you, nor the suitability of any Service Providers to meet your requirements nor their competency nor the terms of any Customer Contract. Any third party content linked which is external to the Platform (for example contained on the websites of Service Providers) is not under our control or oversight and is accordingly not our responsibility in any way and we accept no responsibility for the same or for any loss or damage that may arise from your use of or reliance on it. Any such links are provided for your information only. You must rely upon your own investigations and representations from the relevant Service Provider (and other third parties) prior to entering into any contractual relations with them.

3.7       You agree that, to the fullest extent permissible by law, we do not have any responsibility or liability to you in respect of your use of our Platform or any Services provided to you (or which fail to be provided to you) as a result. However, nothing in these terms shall be construed as seeking to limit or exclude our liability for fraud or for our negligence which causes personal injury or death or any other liability which it is not lawful to so limit or exclude.

3.8       If you write a Review, you will do so honestly, in good faith, and in accordance with these Terms and the Terms of Use. You agree to indemnify us against any claims made against us by Service Providers or arising from defamatory comments or other actionable content in your Review. We may, in our absolute discretion, remove your Review from the Platform at any time and/or remove your ability to upload Reviews to it.

4. 4. Data Protection

4.1       Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy as it may be updated from time to time which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information. We may also use cookies in accordance with our Cookie Policy (as these may be updated from time to time.

5          Intellectual property rights

5.1       We are the owner or the licensee of all intellectual property rights in our Platform, and in any material we publish on it, save for material published or messages sent over the Platform by Customers or Service Providers (in which case the author of the information or the messages is responsible for the content of and will own the copyright in the same). All our rights are reserved to us.

5.2       In respect of any material published or messages sent over the Platform by you give us an irrevocable perpetual and free licence to use and display such material on the Platform in the ordinary course of our business and to transfer the same to its intended recipients and indemnify us against any costs, claims or liabilities we incur a result of such use, display or transfer.

5.3       Nothing in these Terms grants you any legal rights in the Platform or the material on it other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Platform or the material on it (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within them.

5.4       Any business names or trade marks or similar IPR owned and used by a party shall remain the property of that party and no licence to use the same shall be implied in favour of the other save as reasonably needed for each party to fulfil its obligations under these Terms.

6. Our Platform changes regularly

We aim to update our Platform regularly, and may change the content at any time. If the need arises, we may suspend access to our Platform, or close it indefinitely. Any of the material on our Platform may be out of date at any given time, and we are under no obligation to update such material.

7. APPs or other Software

• Software (including phone or tablet apps) may be made available for you to download in order for the Platform to work better. You will be granted a limited, non-exclusive licence to use any such software, subject to you agreeing to the terms and conditions that apply to such software (sometimes known as an ‘end user licence agreement’ or ‘EULA’).
• You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be able to download the software.
• You should read any terms and conditions carefully. They may contain provisions that set out your legal rights (for example, under the Consumer Rights Act 2015), your legal responsibilities when using the software, the software provider’s legal responsibilities and any limitations on the software provider’s legal responsibilities to you.
• Any software made available on the Platform is solely for your personal, non-commercial use.
• Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any other terms and conditions that apply to it) is expressly prohibited and may result in civil and criminal penalties.]

8. Updating of Terms and Policies

8.1    SeekaServ may, acting in good faith, update the provisions of these Terms, and/or the Acceptable Use, Cookie, and Privacy Policies at any time. Any use of the Platform after such update shall constitute acceptance by you of these updated provisions.

9. Assignment and Novation

9.1    You will not, without the prior written consent of Seekaserv, assign or novate all or any of your obligations under these Terms

9.2    SeekaServ may assign or novate all or any of its rights or obligations under these Terms in the event of any bona fide restructuring or sale of its business or assets (or a material part of them) or otherwise with your consent (which may not be unreasonably withheld or delayed).

10. Confidentiality

10.1  Each party shall hold confidential any information provided to it about the other which may reasonably be considered commercially confidential, but such obligation shall not extend to matters in the public domain (other than as a result of a breach of this clause or other binding confidentiality obligations), information which is uploaded onto the Platform by the Customer or otherwise made available on it to Service Providers  or information which a party is obliged to disclose by law.

11. Data Protection

11.1 Each party shall comply with its respective obligations under applicable data protection laws.

11.2  In particular the Customer warrants to SeekaServ that to the extent that any information provided or uploaded or transferred via the Platform by or on behalf of the Customer to SeekaServ contains or will contain personal data of other persons that such personal data has been obtained by it lawfully, that it has taken the relevant data subjects’ informed consent to transfer it to SeekaServ for use as may be envisaged in connection with the arrangement set out in these Terms  and that it has made the data subject aware of Seekaserv’s Privacy Policy in respect of the use of the same.

12. Third Party Rights

12.1  No provision in these Terms is intended to confer a benefit on or be enforceable by, any person other than the Customer and Seekaserv, and their lawful heirs and assigns.

13. Severance

13.1  In the event of any of the provisions set out in these Terms being unenforceable or void for any reason, each provision of these Terms shall be deemed to be severable from the remaining provisions and such remaining provisions shall remain in full force and effect.

14. Law/Jurisdiction

14.1  These Terms are governed by English Law and, subject to 14.2 below, the Customer and SeekaServ submit to the exclusive jurisdiction of the English (and Welsh) courts in relation to any legal proceedings related to them.

14.2  If you reside in either Scotland or Northern Ireland you may also be able to bring legal proceedings related to these Terms in either the Scottish or the Northern Irish courts (as the case may be).