Servify (US), Inc. TERMS AND CONDITIONS (“AGREEMENT”)
Last updated: April 15 st , 2020
- Contractual Relationship
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Servify. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Servify may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Servify may amend the Terms related to the Services from time to time. Amendments will be effective upon Servify’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
- The Services
The Services constitute a technology platform that enables users of Servify’s mobile applications or websites provided as part of the Services (each, an “Application”). to arrange and schedule purchase, repair, sell and/or logistics services through independent third party providers of such services, including independent third party sellers, independent third party buyers, independent third party repair service providers and independent third party logistics providers under agreement with Servify or certain of Servify’s affiliates (“Third Party Providers”). Unless otherwise agreed by Servify in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT SERVIFY DOES NOT PROVIDE SALES SERVICES OR PURCHASE SERVICES OR REPAIR SERVICES OR LOGISTICS SERVICES; OR FUNCTION AS A SELLER OR A PURCHASER OR A REPAIR SERVICE PROVIDER OR LOGISTICS PROVIDER AND THAT ALL SUCH SELLER SERVICES OR PURCHASE SERVICES OR REPAIR SERVICES OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY SERVIFY OR ANY OF ITS AFFILIATES.
Subject to your compliance with these Terms, Servify grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Servify and Servify’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Servify; (iii) decompile, reverse engineer or disassemble the Services; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
- Data Security:
You shall not interfere with, disrupt, or deny service to any Servify entity, website or network site. For example, but not by limitation thereof, this includes using any means to intentionally degrade or disable the delivery of any legitimate data by denial of service attack or distributed denial of service attack. You shall not attempt to or gain unauthorized access to any site or network by hacking or cracking or through any Servify service provider. You shall not attempt to or in fact circumvent the security measures of any Servify host, service provider, network or account.
- Content Received:
You shall be responsible for all content received from the Internet when using Servify’s Services and accounts. You shall comply with all trademarks, copyright, and patent laws and regulations pertaining to the content received over the Internet or from Servify’s web pages, manuals, documentation, distribution media, or white papers.
- Use of Data:
- Equipment Security:
You shall be solely responsible for the security of your equipment and software while using the Services. You are aware that linking your computer to the Internet either directly makes your equipment and software potentially vulnerable to interruption, damage, and loss of data caused by hackers, viruses, attacks, denial of service, spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, imposture, electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on Your computer and other forms of activity resulting in damage(s) and/or liability.
- Breach of Warranties:
In the event of any breach of any of the warranties and representations in this Agreement, in addition to any other remedies available at law or in equity, Servify shall have the immediate right, in Servify’s sole discretion, to suspend its services to prevent any harm to you or to Servify’s network, equipment, websites, portals, software, applications or intellectual property.
Authorization Regarding Practices: You shall contact and receive authorization from Servify prior to engaging in any use or action not authorized under this Agreement. Servify shall have sole discretion in determining whether such use or action is permitted.
Servify does not support and will not tolerate the delivery of unsolicited messages (“SPAM”) through any email, text messaging, or internet network of any kind. You acknowledges and agrees that the Services shall not be used fraudulently or in connection with any criminal activity; or to send, receive, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene, menacing, or in breach of copyright, confidence, privacy, or any other rights; or to cause annoyance; or to send unsolicited advertising or promotional material or any other unsolicited information.
- Third Party Services and Content
The Services and all rights therein are and shall remain Servify’s property or the property of Servify’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Servify’s company names, logos, product and service names, trademarks or services marks or those of Servify’s licensors.
- Your Use Of The Services
- User Accounts
In order to use most aspects of the Services, 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 Servify certain personal information, such as your name, address, mobile phone number, as well as in some cases 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 Services or Servify’s termination of these Terms with you. 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 Servify in writing, you may only possess one Account.
- User Requirements and Conduct
The Service is not available for use by persons under the age of 18 or the age of legal majority in your jurisdiction (if different than 18). You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive Services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. You also agree and warrant to Servify that you will not contact the Third Party Providers of Servify or their associates to obtain any services bypassing Servify by obtaining such Third Party Service Provider or associate details through Servify or the Application of Servify.
- Text Messaging and Notifications
By creating an Account, you agree that the Services may send you informational text (SMS) messages and notifications as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Servify at any time by sending an email to firstname.lastname@example.org indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
- User Accounts
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges “). After you have received services or goods obtained through your use of the Service, Servify will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Servify.
All Charges are due immediately and payment will be facilitated by Servify using the preferred payment method designated for obtaining services, after which Servify may send you a receipt by email in addition to the Invoice (“In App Invoice”) available within the Application. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Servify may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Servify, Servify reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Servify’s sole discretion
- Disclaimers; Limitation Of Liability; Indemnity
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SERVIFY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SERVIFY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SERVIFY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU 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 YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- LIMITATION OF LIABILITY
SERVIFY 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 SERVIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SERVIFY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF SERVIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SERVIFY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SERVIFY’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT INDEPENDENT THIRD PARTY PROVIDERS PROVIDING SALES OR PURCHASE OR REPAIR OR LOGISTICS SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER SERVICES WITHOUT BRAND AUTHORIZATION AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL SERVIFY’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIFTY DOLLARS ($50).
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Servify and its officers, directors, employees and agents harmless from any and all third party claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Servify’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
- Governing Law; Arbitration
- Governing Law:
Except as otherwise set forth in these Terms, this Agreement shall be governed and interpreted by, and construed in accordance with, the substantive laws of State of Delaware and, subject to the arbitration agreement, only the courts of State of Delaware shall have exclusive jurisdiction. Both Parties hereby irrevocably agree that any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first sought to be settled by mutual discussions between you and Servify, pursuant to a written notice sent by the Party claiming that a Dispute has arisen to the other Party involved in the Dispute, which notice shall contain the details of the Dispute. In the event that the Dispute cannot be settled by mutual discussions between the Parties within a period of 60 (Sixty) Business Days from the receipt of the notice by the other Party involved in the Dispute, the one sending the notice may commence arbitration proceedings.
Any dispute or claim arising from or relating in any way to User’s use of the Services or User’s obligations assumed under this Agreement will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms of Service as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Servify (US) Inc., 5608 17th Ave. NW Seattle, WA 98107., Attn: Legal Department. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
- Governing Law:
- Other Provisions
Claims of Copyright Infringement: Claims of copyright infringement should be sent to Servify’s designated agent. Please visit Servify’s web page at https://servify.activ.space for the designated address and additional information.
Notice: Servify may give notice by means of a general notice on the Services, notification within the Application on your Account, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Servify by written communication to Servify’s address at 5608 17th Ave. NW Seattle, WA 98107.
Assignment: You may not assign or transfer these Terms in whole or in part without Servify’s prior written approval. You give your approval to Servify for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Servify’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Servify or any Third Party Provider as a result of the contract between you and Servify or use of the Services.
Severability: If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.
Force Majeure: Each party will not be in default of or considered to have breached its obligations under this Agreement to the extent its performance is delayed or prevented by causes beyond its control including, but not limited to, acts of God, earthquakes, floods, embargo, riots, terrorism, sabotage, acts of war, labor strikes, pandemic, network outage, utility or transmission failures, fire, or labor disturbances.
Entire Agreement: These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”