[DN: Please note that these general terms and conditions have been drafted to apply to users of a website and/or an app.]

Welcome to the [Srvme] Website / Application

PLEASE READ THESE GENERAL TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE / APPLICATION. We encourage you to print a copy of these general terms and conditions. You will be required to indicate your acceptance of these general terms and conditions when registering for an account.

1.             INFORMATION ABOUT US

1.1          [●] is a [private limited] company incorporated under the law of [●] with registration number [●] ([SrvmeCo]).

1.2          [SrvmeCo]s registered address is [●].

1.3          [SrvmeCo] is the owner and/or licensor of the website at [www.website.com] (the Site) and the [Srvme] application (the App) (together, the Online Tools).

2.             GENERAL TERMS AND CONDITIONS

2.1          These general terms and conditions (General T&Cs) govern your access to and use of the Online Tools.

2.2          These General T&Cs apply without exception to all:

2.2.1       guests;

2.2.2       users who have registered for a personal user services account; and

2.2.3       users who have registered for a service provider account.

2.3          Using the Online Tools includes downloading, accessing, browsing or registering to use (as the case may be) them.

2.4          You acknowledge and agree that you shall read these General T&Cs carefully before you start to use the Online Tools, as they will apply to and govern your use of the same.

2.5          By using the Online Tools, you acknowledge and agree that you:

2.5.1       understand and unconditionally accept these General T&Cs; and

2.5.2       shall at all times comply with the General T&Cs.

2.6          If you do not accept and agree to these General T&Cs, you acknowledge and agree that you shall exit:

2.6.1       and not use the Site; and

2.6.2       the App and delete it from your device.

3.             OTHER APPLICABLE TERMS

3.1          These General T&Cs should be read in conjunction with [SrvmeCo]s privacy & cookie policy at [www.website.com] (the Privacy Policy).

3.2          The Privacy Policy sets out the basis upon which [SrvmeCo] will process any Personal Information [SrvmeCo] collected from you, or that you provide to [SrvmeCo].

3.3          For the purposes of these General T&Cs, Personal Information means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, [SrvmeCo]s possession.

3.4          The Privacy Policy also explains the use of cookies on the Online Tools.

3.5          By using the Online Tools and/or providing [SrvmeCo] with your Personal Information, you acknowledge and agree that you:

3.5.1       understand and unconditionally accept and agree to the Privacy Policy; and

3.5.2       consent to [SrvmeCo] processing / using your Personal Information in the manner set out in the Privacy Policy.

4.             CHANGES TO THESE GENERAL TERMS AND CONDITIONS

4.1          [SrvmeCo] may revise these General T&Cs at any time without any need to formally notify you.

4.2          You acknowledge and agree that you shall:

4.2.1       comply with these General T&Cs every time you use any of the Online Tools; and

4.2.2       for the purposes of Clause 4.2.1, check [www.website.com] for the most up-to-date version of these General T&Cs every time you use any of the Online Tools.

4.3          Your continued use of the Online Tools shall be deemed an acceptance by you to these General T&Cs as revised from time to time pursuant to Clause 4.1.

5.             CHANGES TO OUR ONLINE TOOLS

5.1          [SrvmeCo] may update the Online Tools from time to time, and may change its content at any time.

5.2          However, please note that any of the content on the Online Tools may be out of date at any time, and [SrvmeCo] is under no obligation to update it.

5.3          We do not guarantee that the Online Tools, or any content on it, will be free from errors or omissions.

6.             YOUR USE OF ONLINE TOOL CONTENT

6.1          Subject to Clause 6.3 and your compliance with these General T&Cs, [SrvmeCo] hereby grants you a revocable, royalty-free, non-exclusive, non-transferable licence to access and use:

6.1.1       the Online Tools to utilise the services facilitated by the same; and

6.1.2       any content, information and related materials that may be made available through the Online Tools.

6.2          You acknowledge and agree that you shall only access and use the Online Tools strictly for your own personal use.

6.3          The licence in Clause 6.1 is strictly conditional on your compliance with these General T&Cs, and that you shall not (and shall not permit anyone else to):

6.3.1       reproduce, modify, distribute, transmit, post or disclose any Online Tool content without [SrvmeCo]s prior written approval which may be withheld in [SrvmeCo]s sole and absolute discretion;

6.3.2       modify the Online Tools in any way;

6.3.3       remove any copyright, trademark or other proprietary notices displayed on the Online Tools;

6.3.4       use any part of the content on the Online Tools for commercial purposes without obtaining a licence to do so from [SrvmeCo] or its licensor;

6.3.5       modify the paper or digital copies of any materials you have printed off or downloaded in any way;

6.3.6       using any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;

6.3.7       trying to gain access to any other area of the Online Tools by hacking, password mining or any other illegitimate means;

6.3.8       link to, mirror or frame any part of the Online Tools;

6.3.9       pretending you are or impersonating another individual; or

6.3.10     using the Online Tools or any Online Tool content for any unlawful activity or activity prohibited by these General T&Cs, including developing, offering or engaging in the performance of similar or competing services.

6.4          You acknowledge and agree that you shall at all times acknowledge [SrvmeCo]s status (and that of any identified contributors) as the authors / licensors of content on the Online Tools.

6.5          Where you breach these General T&Cs, your right to use the Online Tools shall cease immediately and you shall, at [SrvmeCo]s option, return or destroy any copies of any materials derived therefrom that you have made.

7.             INTELLECTUAL PROPERTY

7.1          You acknowledge and agree that you shall not (and shall not permit any others to) reproduce, modify, distribute, post, disclose or otherwise take or use [SrvmeCo]s IPR.

7.2          For the purposes of these General T&Cs, IPR means patents, inventions (whether patentable or not), copyrights, moral rights, design rights, trade-marks, trade names, business names, service marks, brands, logos, service names, trade secrets, know-how, domain names, database rights and any other intellectual property or proprietary rights (whether registered or unregistered, and whether in electronic form or otherwise) including rights in computer software, and all registrations and applications to register any of the aforesaid items, rights in the nature of the aforesaid items in any country or jurisdiction, any rights in the nature of unfair competition rights, and rights to sue for passing off;

7.3          [SrvmeCo] only grants you a licence to its IPR in the Online Tools for your normal business purposes and strictly in accordance with Clause 6.

7.4          The licence to use [SrvmeCo]s IPR in Clause 7.3 is specific to you as an individual accepting and agreeing these General T&Cs.

7.5          All content and functionality on the Online Tools is the exclusive property of [SrvmeCo] or its licensors and is protected by the law of [●] and international intellectual property laws.

7.6          [SrvmeCo] hereby reserves all rights not expressly granted by these General T&Cs.

7.7          The trademarks, service marks, designs and logos (together, the Marks) displayed on the Online Tools are IPR owned by [SrvmeCo] and/or its licensors.

7.8          You acknowledge and agree that you shall not refer to [SrvmeCo] or its licensors in any public media for any purposes.

7.9          You shall not use or reproduce any Marks of, or imply any endorsement by or relationship with, [SrvmeCo] or its licensors.

7.10        You acknowledge and agree that:

7.10.1     any unauthorised use or reproduction of [SrvmeCo]s IPR by your or third parties authorised, permitted or enabled by you will materially impact [SrvmeCo]s business;

7.10.2     you shall not (and shall not permit third parties to) use [SrvmeCo]s IPR (or any part thereof) to develop, offer or engage in similar or competing services; and

7.10.3     [SrvmeCo]s losses will be substantial where its IPR is infringed or copied in contravention of these General T&Cs.

7.11        For the purposes of Clauses 7.1 to 7.10 and 9, you acknowledge and agree that:

7.11.1     your liability to [SrvmeCo] for IPR infringement and / or malicious interfering with the Online Tools shall be unlimited; and

7.11.2     damages alone may not be an adequate remedy and [SrvmeCo] may seek interim or injunctive relief for any breach by you of these General T&Cs.

8.             WARRANTIES AND REPRESENTATIONS

8.1          [SrvmeCo] provides no warranties nor gives any representations or undertakings that:

8.1.1       the content on the Online Tools is accurate, complete or up to date;

8.1.2       the Online Tools or any content, service or feature of the same shall be error-free or uninterrupted, or that any defects will be corrected; or

8.1.3       the Online Tools will be accessible on any particular hardware or devices.

8.2          [SrvmeCo] and its third party content providers provides no warranties nor gives any representations or undertakings as to the ownership, accuracy or adequacy of the content on the Online Tools.

8.3          [SrvmeCo] excludes all conditions, warranties, representations or other terms which may apply to the Online Tools or any content on it to the maximum extent permitted by applicable law.

9.             UNLIMITED LIABILITY

9.1          Nothing in these General T&Cs shall exclude or limit either partys liability to the other in connection with any liability that cannot be lawfully excluded by that party.

10.          LIMITED LIABILITY

10.1        Subject to Clause 9.1, [SrvmeCo] shall not be liable to you for:

10.1.1     any loss or damage of any nature howsoever whether direct, indirect or consequential caused or arising under or in connection with your use of, or inability to use, the Online Tools; or

10.1.2     any information published on linked websites, contained in any user submissions published on the Online Tools, or provided by third parties.

11.          INDEMNITY

11.1        You acknowledge and agree that you shall fully indemnify [SrvmeCo] from and against any and all claims and/or losses of whatever nature suffered, sustained or incurred, arising out of or in connection with:

11.1.1     your use of the Online Tools;

11.1.2     your breach of these General T&Cs;

11.1.3     [SrvmeCo]s use of any and all information that you post or otherwise publish on the Online Tools in any manner pursuant to its right under Clause 13.1; or

11.1.4     violation of any third party rights.

11.2        For the purposes of Clause 11.1, [SrvmeCo] shall be deemed to include its affiliates, employees, agents, directors, shareholders and officers.

12.          VIRUSES

12.1        [SrvmeCo] does not guarantee that the Online Tools will be secure or free from bugs or Viruses.

12.2        For the purposes of these General T&Cs, Virus means any viruses, worms, trojan horses, cancel bolts or any other computer code designed to disrupt or adversely impact computer systems, networks or devices.

12.3        You shall not misuse the Online Tools by knowingly introducing any Viruses.

12.4        You shall not attempt to gain unauthorised access to the Online Tools, the server on which the Online Tools are stored or any server, computer or database connected to the Online Tools.

12.5        You shall not attack the Online Tools via a denial-of-service attack, a distributed denial-of-service attack or any other cyber-attack aimed to disrupt ordinary access to the Online Tools.

12.6        You acknowledge and agree that any breaches of Clauses 9.3, 9.4 or 9.5 by you:

12.6.1     will amount to a criminal offence under the law of [●] and other applicable jurisdictions;

12.6.2     shall be reported by [SrvmeCo] to the relevant law enforcement authorities and [SrvmeCo] shall cooperate with them by disclosing your identity to them; and

12.6.3     shall result in your right to use the Online Tools ceasing immediately and [SrvmeCo] taking relevant proceedings against you.

13.          USER POSTINGS

13.1        You acknowledge and agree that [SrvmeCo] shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Online Tools in any manner.

13.2        You waive any claims against [SrvmeCo] for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with [SrvmeCo]' use of such submissions.

13.3        You warrant, represent and undertake to [SrvmeCo] that you will not post or publish on the Online Tools any materials that:

13.3.1     are threatening, libelous, defamatory, obscene;

13.3.2     would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law;

13.3.3     infringe the IPR, privacy, or other rights of any third parties;

13.3.4     contain a Virus;

13.3.5     contain advertising; or

13.3.6     constitute or contain false or misleading statements.

13.4        [SrvmeCo] does not and cannot review all information posted to the Online Tools by users and is not responsible for such information.

13.5        [SrvmeCo] reserves the right to refuse to post and the right to remove any information at any time.

14.          NETWORK ACCESS AND DEVICES

14.1        You acknowledge and agree that you are responsible for:

14.1.1     obtaining the data network access necessary to use the Online Tools, including all fees and charges associated with the same; and

14.1.2     procuring compatible hardware or devices necessary to access the Online Tools.

15.          NOTICES OF INFRINGEMENT AND TAKEDOWN

15.1        [SrvmeCo] does not allow the posting of any information that infringes the IPR of any person or entity.

15.2        Where you reasonably believe that your IPR is infringed by any content on the Online Tools, please contact [SrvmeCo] at the email address in Clause 13.1.

15.3        For the purposes of Clause 11.2, you acknowledge and agree that you shall provide relevant details including identifying the work in which you are claiming IPR in, the allegedly infringing material, your contact details and authorised signatorys details.

15.4        [SrvmeCo] shall remove any posted submission that is established as infringing the IPR of any person or entity.

16.          THIRD PARTY WEBSITES / APPLICATIONS

16.1        The Online Tools may contain links to independent third party websites and/or applications and may also contain content supplied by independent third parties.

16.2        You acknowledge and agree that third party websites and/or applications to which the Online Tools contain links to are:

16.2.1     not under [SrvmeCo]s control and [SrvmeCo] has no responsibility for nor does it endorse their content;

16.2.2     governed by their own terms and conditions and privacy policies and access to them is at your own discretion.

17.          GENERAL PROVISIONS

17.1        In accepting and agreeing these General T&Cs, you hereby warrant, represent and undertake to [SrvmeCo] that you have the lawful capacity and authority needed for you to do so.

17.2        You acknowledge and agree that [SrvmeCo] can and will rely on the warranty, representation and undertaking you provide to us at Clause 13.2.

17.3        Both you and [SrvmeCo] shall comply with all applicable law.

17.4        [SrvmeCo] may, in its sole and absolute discretion and at any time, modify, suspend or terminate operation of or access to the Online Tools (or any part thereof), including performing maintenance and updates.

17.5        Neither you or [SrvmeCo] shall be liable to the other (as the case may be) for any delay or non-performance of its obligations under these General T&Cs as a direct result of an established Force Majeure Event.

17.6        For the purposes of Clause 13.13, Force Majeure Event means any unforeseeable event or occurrence which is beyond the reasonable control of a party and which prevents or delays that party from performing any or all of its obligations under these General T&Cs (e.g. acts of God, civil unrest, political situations etc.)

17.7        These General T&Cs and the Privacy Policy, as updated from time to time, constitutes the entire agreement between you and [SrvmeCo] relating to your use of the Online Tools, to the exclusion of all other terms and conditions, and any prior written or oral agreement between both parties.

17.8        You may not assign, novate, or otherwise transfer all or any of your rights, benefits or obligations under these General T&Cs without [SrvmeCo]s prior written approval

17.9        [SrvmeCo] may assign, transfer or deal in any way with its rights under these General T&Cs including to an affiliate or any third party.

17.10      No failure to exercise, nor any delay in exercising, any right, power or remedy under these General T&Cs shall operate as or be deemed a waiver of the same. Waivers must always be given in writing.

17.11      Any waiver of any breach of these General T&Cs shall not be deemed to be a waiver of any subsequent breach.

17.12      Where any provision of these General T&Cs is determined to be invalid, illegal or void by any court or administrative body of competent jurisdiction, these General T&Cs shall be deemed modified to the minimum extent necessary to make them valid and enforceable.

17.13      Where the deemed modification in Clause 13.15 is not possible, the relevant invalid, illegal or void provision(s) shall be deemed deleted and the rest of these General T&Cs shall still remain in full force and effect.

17.14      You and [SrvmeCo] are and shall remain independent parties and neither you nor [SrvmeCo] shall have, or represent itself to have, any authority to bind the other party to act on its behalf.

17.15      Nothing in these General T&Cs shall be construed to make either you or [SrvmeCo] an agent, employee, franchisee, joint venture or legal representative of the other party.

17.16      These General T&Cs do not create any rights that are enforceable by any third parties.

17.17      All notices under these General T&Cs shall be in writing and shall be delivered by email to the party due to receive it at the partys designated email address. In [SrvmeCo]s case, please send it to [xxx@xxx.com].

17.18      These General T&Cs are drawn up in the English language and the English language version of the same shall always prevail over any translation. These General T&Cs shall be construed, interpreted and administered in English.

17.19      These General T&Cs are governed by, and shall be construed in accordance with, the law of [].

17.20      Both you and [SrvmeCo] irrevocably submit to the [non /] exclusive jurisdiction of the courts of [] in relation to any disputes.