Terms and Conditions - Revolancer

Terms and Conditions

TERMS AND CONDITIONS

Version number: 1.0.0
Effective date: 03/07/2021

1. Who we are
1.1. We are Revolancer Ltd. Our company information is at the end of this document.

2. What this is all about
2.1. These are our terms and conditions which apply to our Service (explained below). We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.

3. Some definitions
3.1. Here are some definitions which are used in this document (all capitalised):
* “App” – the Revolancer mobile application.
* “Buyer” – a User who uses our Service for the purpose of using Freelance Services.
* “Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
* “Content” – all information of whatever kind (including listings, profiles, posts, comments, chat, images, photos, audio, video, advertisements, messages, Reviews etc.) displayed on or sent through our Service.
* “Dispute” – a dispute raised through our Service.
* “Freelance Contract” – a contract for the supply of Freelance Services.
* “Freelance Services” – services offered by Sellers to Buyers on our Service.
* “Professional” – someone who isn’t a Consumer.
* “Review” – any review or rating.
* “Seller” – a User who uses our Service for the purpose of supplying Freelance Services to Buyers.
* “Service” – the platform service we offer by means of our website/App and any related software and services.
* “Store” – the app distributor from which you download the App (e.g., Apple App Store, Google Play App Store).
* “Store Rules” – any applicable rules, policies or terms of the relevant Store.
* “User” – people or organisations using our Service (whether or not registered with us).

4. How you enter a legal contract with us
4.1. By registering on our website, you enter a legal contract with us to use our platform Service (which is different from the Freelance Contract between Seller and Buyer – see below). Alternatively, if you first download our App, you enter into a legal contract with us at that point. Note that future orders from us (e.g., for enhanced listings) are part of this same contract with us.

4.2. For App users: These terms and conditions are an “end user licence agreement” between you and us (not the Store) in relation to our App (i.e., setting out how we allow you to use our App). You also agree to be legally bound by the Store Rules.

4.3. By browsing any part of our Service that does not require registration/payment, you are also bound by these terms to the extent they are relevant.

5. Consumer right to cancel this platform contract (“cooling off”)
5.1. If you are a Consumer, you may have the right to cancel this contract as further explained at the end of this document.

6. Changing these terms and conditions
6.1. We may change these terms and conditions by giving you at least 15 days’ notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger. We will notify you by posting the new version on our website and, if the changes are important, by email, SMS and/or in-app message.

6.2. If you don’t agree to the new terms and the changes are important, you can email us (to the address below) to end this contract on the day before the new terms take effect.

7. Your right to use our Service
7.1. We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you (only Apple-branded if you download our App from Apple) subject to these terms and conditions and, where applicable, in accordance with the Store Rules.

8. Who can use our Service?
8.1. You must not use, or attempt to register on, our Service if:
* you live outside the UK; or
* you are below 16 years of age.

9. Behaviour when using our Service
9.1. You agree not to do any of the following in connection with the Service:
* break the law or infringe anyone else’s rights;
* send, store, display or link to unlawful, infringing or otherwise inappropriate Content;
* victimise or harass other people;
* use offensive, obscene, abusive, discriminatory or other inappropriate language or images;
* deceive or mislead anyone;
* send, store, display or link to any Content that includes someone else’s personal information unless that person is 18 years or over and you have obtained their written consent;
* impersonate anyone;
* use the Service with a view to competing with us or infringing our rights;
* disrupt our Service, e.g., spam, viruses or phishing;
* interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
* intercept or modify communications;
* impose an unreasonable load on our Service;
* deliberately exploit any bugs found within the Service;
* get around any security or other features including those designed to stop copying of Content; or
* attempt, encourage or assist any of the above.

9.2. You agree to:
* comply with any rules or requirements on our Service (if they are reasonable);
* promptly comply with any reasonable request or instruction by us in connection with the Service; and
* ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us if there are any important changes.

10. Freelance Services (very important – we only provide a platform)

General
10.3. Our Service is a neutral platform where self-employed Sellers can arrange to supply Freelance Services to Buyers. We do not supply those services. Any Freelance Contract is between the respective Seller and Buyer and the terms are for the parties to agree providing that they are consistent with this agreement. We are not a party to the Freelance Contract itself. You acknowledge that any legal recourse arising from breach of the Freelance Contract is against the other party to the Freelance Contract and not against us.

10.4. You also separately agree with us that you will comply with each Freelance Contract.

10.5. Buyers and Sellers agree not to pass contact details to each other and to communicate only through our Service.

10.6. You agree that we are allowed at any time to end or suspend any Freelance Contract by giving notice by email, SMS and/or in-app message if we consider that either party has broken this platform contract or this platform contract ends or it is necessary to protect either party. If so, we will refund the relevant fee to the Buyer subject any deduction that we consider reasonably appropriate.

Your obligations to the Buyer / Seller
10.7. The Sellers agree that in connection with supply of Freelance Services to the Buyer:
* it has and will maintain the necessary abilities (including licenses, permissions, qualifications, skills, training, expertise);
* it will supply the Freelance services with reasonable skill and care; and
* it will comply with all applicable laws and regulations (including data protection) and will not infringe any third party rights.

10.8. Unless any Seller listing states, or the parties otherwise agree, that the following is not to apply, the Seller agrees with the Buyer that, on request by the Buyer, it will take reasonable steps to assign to the Buyer ownership of intellectual property rights in work that the Seller creates specifically for the Buyers provided the Buyer has paid in full for the work.

10.9. You agree to deal with other Users in a polite and courteous manner and to respond promptly to communications from other Users.

10.10. You agree to cooperate reasonably with the Buyer/Seller and to supply information reasonably requested by the other.

Payment by Buyers
10.11. The Buyer must pay the relevant fee for Freelance Services to us in advance on behalf of the Seller as shown on our Service, which includes any applicable VAT. You authorise us and our payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.

10.12. The Seller agrees that we are allowed to add our payment processing fee to the price to be charged to the Buyer and that this processing fee is payable by the Seller to us.

Buyers’ legal right to cancel the Freelance Contract (“cooling off”)
10.13. If the Buyer is a Consumer and the Seller is a Professional, the Buyer may have the right to cancel the Freelance Contract subject to what we say below and as further explained at the end of this document. The Seller acknowledges that it is bound by and agrees to comply with these provisions.

10.14. You lose the right to cancel contracts for the supply of services which have been fully performed, i.e. completed.

10.15. You also lose the right to cancel where the supply of digital content began before the end of cancellation period with your specific agreement and you acknowledged that your right to cancel would be lost if this happened. Because Freelance Services generally involve the supply of digital content, in most cases you won’t have the legal right to cancel your Freelance Contract with the Seller.

Completion of job and Disputes
10.16. It is the responsibility of the Seller to confirm via our Service when the job has been completed and delivered. This step is referred to below as “Completion”.

10.17. If the Buyer either:
* accepts the job after Completion; or
* fails within the number of days stated on our Service following Completion to accept the job or to request changes or to raise a Dispute
we are entitled to release the payment to the Seller.

10.18. The Buyer can also raise a Dispute before Completion, for example if the Seller does not complete the job within the timescale agreed.

10.19. The Seller can raise a Dispute at any time, for example if it thinks that the Buyer has not provided reasonable cooperation or that the Buyer has unreasonably requested changes following Completion.

10.20. If a Dispute is raised, we will adjudicate on the dispute in our absolute discretion and our decision will be final. Our adjudication will relate only to allocation of the fees held by us and not any wider aspect of the dispute. We are entitled to allocate a full refund to the Buyer, to make full payment to the Seller or to split the payment between the parties as we consider appropriate. Both parties shall provide reasonable co-operation including supply of any information that we reasonably request. We are entitled to set or extend any deadlines we consider appropriate whether to allow the parties to try and resolve the dispute themselves, to require production of information, to make our decision or otherwise. We have no legal liability to either party in relation to our role as adjudicator.

Payment to Sellers
10.21. Provided you have complied with your contract with us, we will take reasonable steps to pay you by crediting your account balance with the the amount of the payment received from the Buyer less any deductions or Buyer refunds mentioned below (including deduction from funds credited to your account balance with us but not yet withdrawn). We will pay you after three business days following:
* acceptance by the Buyer;
* the Buyer’s failure to raise a Dispute or request changes within the relevant timescale; or
* if applicable, following our resolution of any Dispute (if we decide to make a payment to you).

10.22. We are entitled to deduct (including applicable VAT) our fee from any payment to you including our commission and payment processing fee. (The latter is added to the price you set for the Freelance Services.) We may at any time change the amount of any of our fees. If so, we will give you notice by email, SMS or in-app message. Any listings placed or orders made after that notice will be subject to our new fees.

10.23. We are entitled in our discretion to refund to the Buyer on your behalf all or part of any Buyer payment insofar as the Buyer makes a complaint or raises a Dispute or cancels the order within any applicable cancellation period or if we otherwise consider it appropriate to make such a refund in our discretion (which may be based on any cancellation policy which applies at that time). You are liable to pay any appropriate refund direct to the Buyer if you have already withdrawn the relevant Buyer payment from your credit account with us.

10.24. We are entitled to deduct from the payment due to you the amount of any chargeback which has arisen or which we consider is likely to occur (irrespective of whether the chargeback relates to the payment currently due). You agree to pay to us immediately on demand the amount of any chargeback relating to a payment which you have withdrawn from your credit account with us.

10.25. You are responsible for making up any shortfall arising from charges made by your bank.

10.26. You are responsible for taking your own tax advice and for accounting for any VAT that is due on sales made to Buyers. We are only responsible for accounting for any VAT on our fee that we charge to you.

For Sellers only
10.27. If you haven’t logged into your account for at least a week, we are entitled to place your account into vacation mode which means that Buyers will not be able to order Freelance Services from you.

10.28. The Seller acknowledges that we do not guarantee that use of our Service of itself will necessarily enable compliance with all applicable laws and regulations concerning the Freelance Contract and it is the responsibility of the Seller to satisfy itself thereof.

10.29. The Seller acknowledges that we do not guarantee that use of our Service will generate any particular level of revenues or suitable enquiries.

11. Your Content (e.g., Seller listings, Reviews)
11.1. You are responsible for your Content.

11.2. You agree that you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.

11.3. If you post a Review, you promise that it is your independent, honest, genuine opinion.

11.4. If you use any features on our Service which enable you to share your Content with third party sites, we are not responsible for use of your Content on those third party sites.

11.5. We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.

11.6. We are not legally responsible if your Content is misused by others. You must take reasonable care when deciding which Content to display on or send via our Service.

11.7. We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.

11.8. It is your responsibility to make your own frequent backups of Content if you want protection if it is lost or damaged. We are not responsible for such loss or damage.

11.9. We are allowed to delete your Content without telling you after this agreement ends.

11.10. Uninstalling the App may result in deletion of all Content on your device.

Seller listings
11.11. We reserve the right in our discretion without notice to edit the text or layout of your listing to ensure it complies with our terms and conditions and otherwise in accordance with how we think your presence should appear on our Service.

11.12. We rank Seller listings based on categories of Freelance Services and Reviews or as otherwise explained on our Service. Sellers can pay a fee to boost the ranking of their listings.

12. Dealing with other Users…
12.1. You accept that we have no obligation to vet or monitor Users or their Content. We don’t endorse or recommend any INSERT or other Content. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users. It is your responsibility to carry out careful and detailed investigations before dealing with other Users including use of or reliance on their Content. You should not assume that any Content from another User is accurate and be aware that people may not be who they claim to be.

12.2. You acknowledge that in using the Service you may encounter behaviour or Content which you consider inappropriate. If so, please email us to our email address shown below (including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g., from law enforcement authorities) and/or stop using the Service.

12.3. You acknowledge that we permit Users to post Reviews about you and your services (or may do in future) and that these will be publicly available for viewing. We are not responsible for monitoring or editing Reviews. You acknowledge that such Reviews may be critical or defamatory of you.

13. Other peoples’ services / advertising / websites
13.1. We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.

13.2. You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren’t responsible for what they do or don’t do.

14. Our guidance
14.1. If we ourselves provide any guidance or other general information on or via our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

15. If you create an account on our Service
15.1. Unless otherwise specifically stated on our Service, your account is for your personal use only. You must not allow any other person to use your account unless we specifically say otherwise. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for other people who use your account or identity (unless and to the extent that we are at fault).

16. Paying us
16.1. This section applies only to Sellers who pay us for enhanced listings and not to Buyers paying for Freelance Services (which is covered above under “Freelance Services”).

16.2. Payment for enhanced listings is in advance and covers the period specified.

16.3. The prices shown include any applicable VAT unless we say otherwise.

16.4. If we have mis-priced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.

16.5. We may at any time change our prices for enhanced listings. The new rate takes effect if you make a new order after we post the new prices on our Service.

16.6. You must contact us immediately with full details if you dispute any payment.

17. About discount codes
17.1. We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.

17.2. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

18. Affiliate scheme
18.1. This section of our terms and conditions applies to any referral or affiliate scheme on our Service – except insofar as the scheme description on our Service says something different.

18.2. Subject to what we say below, you qualify for commission if the referred person:
* clicks on the referral link we provide, accepts cookies and registers on our Service within 30 days (or earlier cookie expiry); and
* within 12 months of registration makes a payment as a Buyer that we have passed on to the relevant Seller following completion of the job and resolution of any Dispute.
We call this a “Referral Event”.

18.3. If you have a “business partner account”, subject to what we say below, you also qualify for commission if the referred person:
* clicks on the referral link we provide, accepts cookies and registers on our Service within 30 days (or earlier cookie expiry); and
* within 12 months of registration receives a payment as a Seller.
We call this a “Referral Event”.

18.4. You cannot refer yourself.

18.5. For each qualifying Referral Event, and provided you are still a registered User, we will take reasonable steps to pay you by crediting your account balance on our Service within 14 days thereafter the relevant percentage commission applied to the net payment made to the Seller (i.e., less our fees and payment provider fees) and also net of any VAT.

18.6. We can refuse to pay you if we think that you have broken your contract with us or haven’t complied with any applicable scheme requirements or that you have behaved inappropriately towards us or other Users or that you have cheated or attempted to cheat or if we have not been able to make the payment despite making reasonable efforts to do so.

18.7. The scheme is subject to any deadlines or timescales specified and we are anyway entitled to change or end it at any time without notice.

19. Support
19.1. The Service includes support only insofar as specifically provided for within the Service and, if so, by the specified contact methods. Any support service is only intended to address configuration and proper use of, or any errors or interruptions arising from, our Service.

19.2. Unless otherwise stated, we do not guarantee any particular response times or outcomes. Any response times given are English business hours/days unless we say otherwise.

19.3. In any event, we aren’t obliged to supply support if you owe us any money or have otherwise broken this contract.

19.4. You acknowledge that the Store has no obligation to supply any maintenance and support services in relation to the App.

20. Ending or suspending this contract
20.1. You may at any time end this (platform) contract by emailing us to the email address shown below and, if you are an App User, by uninstalling the App from all of your devices. (This doesn’t entitle you to a refund unless you have Consumer “cooling off” rights, explained above.)

20.2. We are entitled to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
* you break this contract;
* you become bankrupt or go into liquidation or similar or become insolvent;
* you are subject to repeated Buyer complaints and/or negative Reviews;
* any fees payable by you are unpaid / unjustifiably charged back;
* acting reasonably, we think that it is necessary to protect you, us or others;
* we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
* you or anyone on your behalf acts inappropriately towards our staff.

20.3. If you are a Seller and we end the contract, we will give you at least 30 days’ notice unless we have a legal or regulatory obligation, or a legal right, to end it earlier, or you have repeatedly broken this contract.

20.4. We are entitled at any time to end this contract if we terminate our Service as a whole if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.

20.5. If this contract ends:
* It still continues insofar as necessary to facilitate any pending Freelance Contracts you entered into before termination unless we terminate those contracts, in which case we will refund the applicable payment to the Buyer subject any deduction which we consider reasonably appropriate.
* If you are a Seller, it is your responsibility to withdraw any funds in your account balance with us within 14 days of the end of the contract; otherwise we are entitled to retain these funds.
* Subject to the above, your right to use our Service and all licences are terminated.
* Existing rights and liabilities are unaffected.
* All clauses in this contract which are stated or intended to continue after termination will continue to apply.
* After the end of the contract, we may retain access to information provided or generated by Sellers and Buyers in order to deal with disputes, enforce our terms and conditions or manage or improve our Service generally. See our Privacy Policy https://revolancer.com/privacy-policy/ for more information about our retention of personal information.

21. If our Service doesn’t work properly
21.1. We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.

21.2. You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.

21.3. To enable us to send alerts, you must ensure you give us correct contact information and immediately update us if it changes. We are not responsible for checking or updating your contact information even if we have reason to think that it is wrong or out of date (e.g., because our email is returned). In any case, you accept the risk that for whatever reason alerts may not be correctly sent out by our Service or received by the intended recipient and you must diarise key dates and/or follow up communications as appropriate.

22. Compatibility of App
22.1. We do not guarantee that the App is or will be compatible with any particular mobile devices or associated operating systems (OS’s). You acknowledge that the supplier of the device or OS may issue an update that causes our App to stop working. We may issue App updates through the Store; if so, you may not be able to use our App properly or at all until you have downloaded the update, which may be subject to agreement to new terms and conditions. It is your responsibility to frequently monitor for App updates and to install them as soon as they become available.

23. Restrictions on our legal responsibility – very important
23.1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.

23.2. If you are a Consumer, we shall not be liable for any loss or damage where:
* there is no breach of a legal duty owed to you by us;
* such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
* (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
* such loss or damage relates to a business of yours.

23.3. If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.

23.4. The following clauses apply only if you are not a Consumer:
* Our liability of any kind (including our own negligence) for any act or omissions or series of connected acts or omissions is limited to the total fees paid or payable to us in connection with your purchase or sale of Freelance Services on our Service in the 12 months before the first act or omission complained of.
* In no event (including our own negligence) will we be liable for any:
* economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
* loss of goodwill or reputation;
* special, indirect or consequential losses; or
* damage to or loss of data
(even if we have been advised of the possibility of such losses).
* You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
* To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
* This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

24. Intellectual property rights (e.g., copyright)
24.1. If you supply Content for display on our Service, you retain ownership of the intellectual property rights. You allow us, at no cost and for so long as this contract lasts to use and adapt all or part of such material however we wish on our Service. You waive your “moral rights” in relation to such Content to the extent legally allowed. You also allow each User to use your Content in accordance with these terms and conditions. You give us the right to take any legal action we think necessary if there is an infringement of the intellectual property rights in your Content.

24.2. If you are a Seller: You retain ownership of your logos, trade marks and brand names. You are entitled to make your trading identity visible on our Service but subject to how we think your presence should appear.

24.3. The intellectual property rights in all Content (excluding your Content) used on or in connection with our Service are owned by us or by our partners or other Users. For your personal and internal business use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent (except to the extent specifically allowed by this agreement). You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.

24.4. Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.

24.5. You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.

25. Your personal information – see our privacy policy
25.1. You agree that we can deal with your personal information in accordance with our Privacy Policy https://revolancer.com/privacy-policy/ which may change from time to time.

25.2. You acknowledge that we do not supply Sellers with access to any personal or other information provided to us or generated by use of our Service except as otherwise explained on our Service or our Privacy Policy https://revolancer.com/privacy-policy/. We do not share any such information with anyone else except insofar as this is necessary for the proper functioning of our Service.

26. Things we can’t control
26.1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

27. Transferring this contract to someone else
27.1. We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

28. English law and courts
28.1. This contract is under English law and any disputes will be decided only by the courts of the United Kingdom.

29. General but important information
29.1. We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.

30. Extra legal terms required by the Store
30.1. In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not the Store, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

30.2. The following applies where Apple Inc is the Store:
* In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility subject to these terms and conditions.

* We, not Apple, are responsible for addressing your claims or the claims of any third party relating to the App or the end-user’s possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation including use of HealthKit and HomeKit frameworks.

30.3. You acknowledge and agree that the Store, and the Store’s subsidiaries, are third party beneficiaries of this agreement, and that the Store will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.

30.4. You agree that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

31. Complaints
31.1. If you have any complaints, please contact us via the contact details shown below.

32. Company information
32.1. Company name: Revolancer Ltd
32.2. Trading name: “Revolancer”
32.3. Country of incorporation: England and Wales
32.4. Registered number: 13149073
32.5. Registered office and contact address: Britannia House, Caerphilly Business Park, Caerphilly, CF83 3GG, Wales
32.6. Contact email address: info@revolancer.com
32.7. Other contact information: See our website / contact page.

APPENDIX

“COOLING OFF”

The following applies if you have the right to cancel either (a) your platform contract with us or (b) your Freelance Contract with the Seller (as explained above). Important: If you are cancelling the Freelance Contact, references below to “we”, “us”, “our” refer to the Seller and not to us.

Right to cancel
1. You have the right to cancel the contract within 14 days without giving any reason.

2. The cancellation period will expire after 14 days from the day when we enter a legal contract with you (i.e., (a) when you register to use our platform Service or (b) when you buy Freelance Services from a Seller, as applicable).

3. To exercise the right to cancel, you must inform Revolancer Ltd, Britannia House, Caerphilly Business Park, Caerphilly, CF83 3GG, Wales (email address above) (on behalf the Seller if you are cancelling the Freelance Contract) of your decision to cancel the contract by a clear statement (e.g., a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.

4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation
5. If you cancel this contract, we (reminder – meaning the Seller in the case of Freelance Contracts) will reimburse to you all payments received from you.

6. The reimbursement will be made without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

7. The reimbursement will be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

8. If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.

MODEL CANCELLATION FORM

Complete and return this form only if you wish to cancel the contract:

— To Revolancer Ltd, Britannia House, Caerphilly Business Park, Caerphilly, CF83 3GG, (email address above) (on behalf the Seller if you are cancelling the Freelance Contract):
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
[*] Delete as appropriate