PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR AVAILING OF THE SERVICES OFFERED ON THE WEBSITE
Updated Date: January 1st, 2019
1.1 In these terms, the following words shall have the following meanings:
(a) “Website” means the website www.serveanoffer.com and includes the Platform which is made available through the Website and mobile apps;
(b) “Platform” means the Serve An offer Platform which is made available by Serveanoffer.com via the Website and Mobile Apps and subject to these terms;
(c) “Seller” means a party who is interested to sell goods & services and who has registered with the Platform as a Seller;
(d) “Buyer” means a party who is interested in purchasing goods & services and has registered with the Platform as a Buyer;
(e) “Buy Request” means a buying request posted by a Buyer which sets out the broad outline of the type of goods & services they wish to purchase at lowest price;
(f) “Fee (Credit)” means the fee payable by the Seller in order to submit a quote to the buyer’s buying request;
(g) “We”, “us” or “Serve An offer” means Serve An offer, LLC;
(h) “Registered Users” means either a Buyer or a Seller who has registered as such with the Platform;
(i) “Content Standards” means the standards set out in the Acceptable Use Policy which must be adhered to in respect of any material submitted to the Platform (including but not limited to the Brief Outline and the Full Project Brief).
2. TERMS FOR PLATFORM USERS
2.1 Buyers may use the Platform in order to post their requirements in respect of goods & services they intend to purchase. Where a Buyer submits a Buy Request, the Platform will automatically notify Sellers of the Buy Request. The Sellers will be shown the Buy Request and given the opportunity to pay the Fee (Credits) in order to submit a quote (lowest price offer).
2.2 The Full Project Brief will contain more detail as to the scope of the Buy Request, the needs of the Buyer, and also possibly a budget estimate.
2.3 The decision to purchase goods / services of any particular Seller is a matter strictly for the Buyer. Serve An offer makes no warranties whatsoever in respect of the suitability of any Seller on the Website.
2.4 The payment of the Fee (Credits) by a Seller is solely in order for the Seller to submit quote (proposal). The payment of the Fee (Credits) does not guarantee the Seller that the Buyer will select to purchase from them.
2.5 The placing of the Buy Request by the Buyer on the Platform is similar in principle to the placing of an advertisement and it is a mere invitation. The payment of the Fee (Credits) by the Seller does not constitute a binding agreement between the Buyer and the Seller.
2.6 If a Buyer decides to purchase goods / services from a Seller via the Platform, it is for those two parties to agree to their own terms as between themselves. Serve An offer is not a party to the relationship between the Buyer and the Seller and disclaims all liability in relation to same.
2.7 If you choose, or you are provided with, a user identification code, username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
2.9 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
2.10 If you register an account on the Platform for and on behalf of a company or other organization, you hereby warrant that you have full right and authority to do so and to bind that company or organization to these terms.
2.11 The Platform is made available to Buyers and Sellers who have a genuine interest buying and selling goods and services. Where:
(a) a Buyer submits a Buy Request but they never have the obligation to purchase from any Seller; or
(b) a Seller consistently pays for submitting quotes (proposals) but never expects a purchase from a Buyer,
then We reserve our right to terminate the account of that Buyer or Seller. We may as a matter of courtesy, notify that Buyer or Seller of our intention to terminate their account in order to give them an opportunity to comply with these terms but we are not obliged to do so.
2.12 Where a Buyer submits a Buy Request to the Platform, the Buyer hereby grants to Serve An offer a non-exclusive, royalty-free, perpetual license to host that content on the Platform and to make it available for the purposes and in the manner envisaged in these terms.
2.13 Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Platform a limited license on the terms set out above at 2.12 in order to use, store and copy that content and to distribute and make it available to third parties. We also reserve the right to use non-personal data collected in aggregate and fully anonymized forms for other purposes, including the generation of reports or to improve the effectiveness of the Website.
2.14 Where required to by law or by a court order, we may disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
Uploading content to our Website
2.15 Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in our Acceptable Use Policy (see below).
2.16 You warrant that any such contribution or submission (including the contents of any Brief Outline or Full Project Outline) complies with those standards, and you will be liable to us and indemnify us for any breach of this warranty.
2.17 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Website.
2.18 We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
2.19 The views expressed by other users on our Website do not represent our views or values.
2.20 You are solely responsible for securing and backing up your content.
Information about us
3.5 The website www.serveanoffer.com is a site operated by Next Wave Disruptions. We are registered as a company in Delaware, USA and have our registered office at 1099 Wall Street West, Suite 138, NJ 07071, USA.
Changes to these Terms
3.6 We may (and are fully entitled to) modify; amend; change or terminate any of these terms at any time and from time to time, for any reason and without any liability to you. Where the changes are minor in nature, you will not be notified and the changes will become binding on you when you next access the Website. Where the changes are material, we will bring them to your attention either by communicating with you directly or by way of a notification on the Website.
Changes to our Website
3.7 We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
Accessing our Website
3.8 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
3.9 You are responsible for making all arrangements necessary for you to have access to our Website.
3.11 We do not represent that content available on or through our Website is appropriate or available in your location. We may limit the availability of our Website or any service or product described on our Website to any person or geographic area at any time.
Intellectual property rights
3.12 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.13 You must not use any part of the content on our Website for commercial purposes without obtaining a license to do so from us or our licensors.
No reliance on information
3.15 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
3.16 We make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
Limitation of our liability
3.18 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
3.19 We will not be liable to any party for any loss or damage (direct or indirect), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our Website; or
(b) use of or reliance on any content contained in or ordered from our Website.
3.20 Please note that in particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
3.21 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
3.22 We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
3.23 We reserve the right to stop making the Website, the Platform or their contents available at any time.
3.24 Our Website and the services offered through the Website (including any content) are not intended for consumers as that term is defined in S.I. 484 of 2013 (the Consumer Information, Cancellation and Other Rights Regulations 2013) (a “Consumer”). Consumers are not permitted to register with the Website or to provide or obtain services on the Website. By registering as a Buyer or Seller with the Platform, you are hereby warrant that you are not a Consumer.
3.25 We do not guarantee that our Website will be secure or free from bugs or viruses.
3.26 You are responsible for configuring your information technology, computer programs and platform in order to access our Website. You should use your own virus protection software.
3.27 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Criminal Damage Act 1991 and the Criminal Justice (Theft and Fraud Offences) Act 2001 (as each act is amended from time to time). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
Linking to our Website
3.28 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
3.29 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
3.30 You must not establish a link to our Website in any website that is not owned by you.
3.31 Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.
3.32 We reserve the right to withdraw linking permission without notice.
3.33 The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (set out below).
3.34 If you wish to make any use of content on our Website other than that set out above, please contact email@example.com.
Third party links and resources in our Website
3.35 Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
3.36 We have no control over the contents of those sites or resources.
4. ACCEPTABLE USE POLICY
4.1 This acceptable use policy sets out the terms between you and us under which you may access our Website (and where you are a Registered User, where you access and upload content to the Platform). This acceptable use policy applies to all users of, and visitors to, our Website including the Registered Users.
4.2 Your use of our Website means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our general terms of website use.
4.3 You may use our Website only for lawful purposes. You may not use our Website:
(a) In any way that breaches any applicable local, national or international law or regulation.
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
(c) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
(d) To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (i.e. spam).
(e) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4.4 You also agree:
(a) Not to reproduce, duplicate, copy or re-sell any part of our Website (including, for the avoidance of doubt, the Platform or any content on the Platform);
(b) Not to access without authority, interfere with, damage or disrupt:
· any part of our Website;
· any equipment or network on which our Website is stored;
· any software used in the provision of our Website; or
· any equipment or network or software owned or used by any third party.
4.5 These content standards apply to any and all material which you contribute to our Website, and to any interactive services associated with it.
4.6 You must comply with the spirit and the letter of the following standards. The standards apply to each part of any content as well as to its whole.
4.7 Content uploaded must:
(a) Be accurate (where it states facts).
(b) Be genuinely held (where it states opinions).
4.8 Content uploaded must not:
(a) Contain any material which is defamatory of any person.
(b) Contain any material which is obscene, offensive, hateful or inflammatory.
(c) Promote sexually explicit material.
(d) Promote violence.
(e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(f) Infringe any copyright, database right or trade mark of any other person.
(g) Be likely to deceive any person.
(h) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(i) Promote any illegal activity.
(j) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
(k) Be likely to harass, upset, embarrass, alarm or annoy any other person.
(l) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
(m) Give the impression that they emanate from us, if this is not the case.
(n) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
4.9 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
(a) Immediate, temporary or permanent withdrawal of your right to use our Website.
(b) Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website.
(c) Issue of a warning to you.
(d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
(e) Further legal action against you.
(f) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
4.11 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
4.12 We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our Website.
5. ADDITIONAL TERMS
5.1 We may transfer our rights and obligations under these terms to another party but this will not affect your rights or our obligations under these terms.
5.2 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5.3 If We fail to insist that you perform any of your obligations under these terms, or if We do not enforce our rights against you, or if We delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
To contact us, please email firstname.lastname@example.org