Terms of service

SERVD

CUSTOMER TERMS AND CONDITIONS

WHAT PARTS OF THESE TERMS APPLY TO ME?

These Customer Terms & Conditions govern your use of the Servd platform (Platform) and any goods or services made available through the Platform. By using the Platform, you agree to be bound by these terms, which form a binding contractual agreement between you, the User, and us, Servd Software Limited, with company number 13493329 and registered address 7 Forbes Business Centre, Kempson Way, Bury St Edmunds, Suffolk, United Kingdom, IP32 7AR (Servd, we or us).

The remainder of these terms are divided into two parts:

Part A (All Users), which sets out the terms that apply to all Users of the Platform; and
Part B (Customers), which sets out the terms that apply to “Customers”, being Users who submit an Order to buy Goods through the Platform, from third party sellers with Listings on the Platform (Sellers).

When we talk about the “Goods” in these terms, we are referring to the goods available through the Platform via Sellers.

When we talk about an “Order” in these terms, we mean a User’s order for the purchase of a Good using the Platform’s functionality, in response to a Seller’s listing of that Good for sale on the Platform (Listing).

All Users
ELIGIBILITY
This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you:

have not been suspended or prohibited from using the Platform; and
are either:

over the age of 18 years and accessing the Platform for personal use; or
accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.

Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” and “User” means the Represented Entity and you are binding the Represented Entity to these terms. If you are accepting these terms and using our Platform on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
FACILITATION SERVICE

You acknowledge and agree:

that Servd provides a facilitation service only, and the Platforms functions is simply to facilitate communication between Customers and Sellers;
Servd it is not a party to any contract between a Customer and a Seller, including to any Order; and
to direct any issues with your Order to the relevant Seller, including in relation to any Goods that are missing or incorrectly prepared when you receive them. Servd is not responsible for any mistakes, missing items or any other loss or injury that may arise when the Seller fulfills your Order.
ACCOUNTS

In order to use some or all of the functionality of the Platform, Users may be required to sign-up, register and receive an account through the Platform (an Account).
As part of the Account registration process and as part of your continued use of the Platform, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by Servd from time to time.
You warrant that any information you give to Servd in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
Once you complete the Account registration process, Servd may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
Servd reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
Servd may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
USER OBLIGATIONS
As a User, you agree:
not to:

intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment in relation to the Platform;
make copies of the Platform, or any material on the Platform;
adapt, modify or tamper in any way with the Platform;
create derivative works from or translate the Platform, other than for your own personal use only;
make any automated use of the Platform;
publish or otherwise communicate the Platform to the public, including by making it available online or sharing it with third parties;
decompile or reverse engineer the Platform or any part of it, or otherwise attempt to derive its source code;
attempt to circumvent any technological protection mechanism or other security feature of the Platform;
share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Servd of any unauthorised use of your Account, or any other breach or potential breach of the Platform’s security;
use the Platform for any purpose other than for the purpose of making arrangements to receive Goods, including:

you must not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a sale which includes illegal goods); and
you must not use the Platform in connection with any commercial or money making or other promotional or marketing endeavours;
act in any way that may harm the reputation of Servd or associated or interested parties or do anything at all contrary to the interests of Servd or the Platform;

that Servd may change any features of the Platform or Goods offered through the Platform at any time without notice to you;
that information given to you through the Platform, by Servd or another User including a Seller, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information;
that Servd may cancel your Account at any time, including if it considers, in its absolute discretion, that you are in breach or are likely to breach any part of these terms; and
that you will be required to use a Third Party Payment Platform in making or receiving any payments via the Platform (Third Party Payment Platform), you warrant that you have read, understood and agree to be bound by Stripe.com’s terms at https://stripe.com/gb/legal, or the terms of use of other third party payment portals or other payment methods from time to time, that will be available on the Stripe website and other payment portal websites.
POSTED MATERIALS
WARRANTIES
By providing or posting any information or other content on the Platform, including any information or material in your Order (Posted Material), you represent and warrant that:

the Posted Material is accurate and true at the time it is provided;
any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
the Posted Material does not breach or infringe any applicable laws.
LICENCE

You grant to Servd a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Servd to use, exploit or otherwise enjoy the benefit of such Posted Material.
If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Servd from any and all claims that you could assert against Servd by virtue of any such moral rights.
You indemnify Servd against all damages, losses, costs and expenses incurred by Servd arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
REMOVAL

Servd acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being submitted. However, Servd may, in its absolute discretion, review and remove any Posted Material at any time without giving any explanation or justification for removing the Posted Material.

REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
Servd will have no liability or obligation to you if:

a Seller cancels at any time after you submit an order, including if the time for performance of the Listing is agreed; or
for whatever reason, including technical faults, the Goods cannot be provided,
and you will not be entitled to any compensation from Servd.
RATINGS AND REVIEWS

The Platform’s functionality may permit Customers to rate a Good or a Listing (each a ‘Rating’) and Users may provide feedback to other Users regarding the relevant Goods or experience with that User (Review).
Ratings and Reviews may be able to be viewed by other Users and these may remain viewable until the relevant Account and/or Listing is removed or terminated.
Users must provide true, fair and accurate information in their Reviews.
If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the relevant User from posting the Review, or future Reviews. We do not undertake to review each Review made by a User.
To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
You must not publish Reviews for Users to which you have personal or professional relations.
Users can only write a Review about another User if they have had a buying or selling experience with that User, which means that:

they have purchased a Good from that Seller;
you have placed an Order with the Seller;
you can otherwise document that you had a buying experience with that User, including via correspondence or other interaction with the User,

(collectively referred to as a Service Experience).

You must only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
You must not write a review about a Seller you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Seller, or work for the Seller. Similarly, you must not write a Review about a direct competitor to the Seller you own, are employed by or work for.
Your Service Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review.
You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a User to write a Review, you should include information about this in your Review. Incentives include the User offering you a gift, reward, discount or advantage for writing a Review about the User on the Platform.
SERVICE LIMITATIONS
The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Servd cannot and does not represent, warrant or guarantee that:

the Platform will be free from errors or defects;
the Platform will be accessible at all times;
messages sent through the Platform will be delivered promptly, or delivered at all;
information you receive or supply through the Platform will be secure or confidential; or
any information provided through the Platform is accurate or true.
INTELLECTUAL PROPERTY

Servd retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content without prior written consent from Servd or as permitted by law.
In this clause 9, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in the United Kingdom and throughout the world.
THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party (including Sellers) and displayed on the Platform (Third Party Content). Servd accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
THIRD PARTY TERMS

Any service that requires Servd to acquire goods and services supplied by a third party on behalf of the Customer (including a third party payment service, like Stripe) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.
Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Servd to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms. Stripe’s terms are available here: https://stripe.com/gb/legal
DISPUTES BETWEEN USERS

You should direct any complaint relating to a Seller, to that Seller. You must take all reasonable steps to resolve any dispute with a Seller, with that Seller.
If any issue or problem relating to the Platform remains unresolved after directing a complaint to the relevant Seller, or if the complaint does not relate to another User, you must report it to Servd via admin@servd.uk. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
Servd reserves the right to hold funds in relation to a dispute until the dispute is resolved, either by us, the relevant parties or by a mediator or arbitrator. We reserve the right to disperse funds held by us as we see fit, including by providing a Customer a refund.
Any costs you incur in relation to a complaint or dispute will be your responsibility.
Servd has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
If you have a dispute with Servd, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
Notwithstanding any other provision of this clause 12, you or Servd may at any time cancel your Account or discontinue your use of the Platform.
SECURITY
Servd does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
DISCLAIMERS – YOUR ORDERS
YOUR ORDERS

The Customer warrants that all information and other material it provides to Servd or a Seller for the purpose of receiving Goods is complete and accurate, including any information in their Order, and any information in relation to the Customer’s allergies.
The Customer warrants that the Goods they select in any Order do not contain any ingredients that:

they are aware they are allergic to, including by being informed they are allergic (or may be allergic) by a medical professional;
they have had an allergic reaction to in the past; or
have caused them any adverse reaction or sickness in the past.

The Customer acknowledges and agrees that they are responsible for completing their Order, and they release Servd and the relevant Seller from all liability in relation to any loss, damage or injury that may arise in connection with Goods, to the extent it is caused or contributed to by information or material provided by the Customer being incomplete, inaccurate or including any ingredient set out in clause 14.1(b).
The Customer releases Servd from all liability in relation to any loss, damage or injury that may arise in connection with:

any Goods;
any allergic or other adverse reaction; or
any breach by you of a warranty made in these terms (including this clause 14.1).
UNAUTHORISED USE, HACKING

Servd does not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information, your computer systems, mobile phones or other electronic devices arising in connection with use of the Platform.
You must take your own precautions to ensure that the process which you employ for accessing the Platform does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
LIABILITY

(Facilitation service) Servd is a medium that facilitates Customer Orders and passes them on to Sellers for the purposes of buying and selling Goods. Servd simply collects a service fee in consideration for facilitating this communication and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Sellers in relation to such Goods or otherwise resulting from the facilitation.
(Limitation of liability) To the maximum extent permitted by applicable law, Servd excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any Goods provided by any Seller. This includes the transmission of any computer virus.
(Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law implies a condition, warranty or guarantee into these terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Servd’s liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:

in the case of goods, their replacement or the supply of equivalent goods or their repair; and
in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
(Indemnity) You agree to indemnify Servd and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:

breach of any term of these terms;
use of the Platform; or
your receipt of Goods from another User, including any Seller.

(Consequential loss) To the maximum extent permitted by law, under no circumstances will Servd be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, these terms or their subject matter, or any services provided by any Seller (except to the extent this liability cannot be excluded under applicable law).
(No unfair terms) To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.
(Fraud and intentional unlawful conduct) Nothing in these terms shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
CONFIDENTIALITY
You agree that:

no information owned by Servd, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
all communications involving the details of other users on this Platform and of the Seller are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
PRIVACY
You agree to be bound by the clauses outlined in Servd’s Privacy Policy, which can be accessed here https://servd.uk/privacy-policy.
TERMINATION

Servd reserves the right to terminate a User’s access to any or all of the Platform (including any Account and other memberships) at any time without notice, for any reason.
In the event that a User’s Account, access or membership is terminated:

the User’s access to all tools on the Platform will be revoked;
the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
the User may be unable to view the details of all Sellers (including contact details, geographic details and any other details), and all Listings previously posted by the respective User will also be removed from the Platform.

Users may terminate their Account or membership on the Platform at any time by using the Platform’s functionality where such functionality is available. Where such functionality is not available, Servd will effect such termination within a reasonable time after receiving written notice from the User.
Notwithstanding termination or expiry of your Account or membership or these terms, the provisions of Part A and any other provision which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
TAX
You are responsible for the payment of all taxes associated with the Goods you receive or any transactions through your use of the Platform, and Servd will not be held accountable in relation to any transactions between Customers and Sellers where tax related misconduct has occurred.
RECORD / AUDIT
To the extent permitted by law, Servd reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Servd.
NOTICES
A notice or other communication to a party under these terms must be:

in writing and in English; and
delivered via email to the other party, to the email address specified in these terms, or if no email address is specified in these terms, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern these terms, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
when replied to by the other party,

whichever is earlier.

GENERAL
GOVERNING LAW AND JURISDICTION

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
ENTIRE AGREEMENT
These terms embody the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
THIRD PARTY RIGHTS

These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

INTERPRETATION

(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation;
(adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision; and
(currency) a reference to £, or “pound”, is to pound sterling (GBP), unless otherwise agreed in writing.

Customers
LISTINGS AND FEES
You acknowledge and agree that:

if you submit an Order in response to a Listing, that will constitute your entry into a contract with the Seller;
for any Listing you agree to:

you must pay the amount quoted as being payable in the relevant Listing for the Good(s) described in the Listing (Quoted Amount), which will be debited from your Account, or required to be paid by you to the Seller via the Third Party Payment Partner; and
Servd will keep a service fee, being a percentage of the Quoted Amount specified on the Platform from time to time (or otherwise agreed between Servd and the relevant Seller), plus any fee payable for the transaction to the Third Party Payment Platform (Service Fee); and
any terms and conditions relating to Goods or a quote provided via the Platform are solely between you and the relevant Seller and do not involve Servd in any way, except that they must not be inconsistent with your obligations under these terms.
PAYMENT

(Payment obligations) Unless otherwise agreed in writing with the Seller you must pay the Quoted Amount for all Goods specified in a Listing, prior to the Seller providing those Goods, using the Third Party Payment Partner, as directed by the Platform.
(Third Party Payment Platform) Servd processes payments through a Third Party Payment Platform, being Stripe.com. In addition to these terms, your purchase of any Goods via the Platform will be subject to the terms and the privacy policy of the Third Party Payment Platform, available on the Third Party Payment Platform’s website, at https://stripe.com/gb/legal.
(Release) You agree to release Servd and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Third Party Payment Platform, including any issue with security or performance of the Third Party Payment Platform or any error or mistake in processing your payment.
(Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to your agreement with the Seller, you will then have the option of purchasing the relevant Goods at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
CANCELLATIONS

Servd will have no liability or obligation to you if a Seller cancels an Order or a Listing at any time after you have submitted it and you will not be entitled to any compensation from Servd, including any portion of the Service Fee.
If you wish to cancel an Order before the Seller has fulfilled the requirements specified in the relevant Listing, you must contact the Seller. If Servd decides to investigate your cancellation, you must provide assistance and information to Servd as reasonably requested.
If you cancel an Order, whether the Remaining Balance paid to the Seller is refundable to you in respect of the relevant Good will depend on the cancellation policy and refund policy of the Seller.
The Service Fee is by default non-refundable for change of mind. However, Servd may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.
LINKED BUSINESSES
You acknowledge and agree that:

the Platform provides links and introductions to, and facilitates communication with, Sellers owned and operated by third parties that are not under the control of Servd;
the provision by Servd of introductions to, and Servd facilitating communication with, Sellers does not imply any endorsement or recommendation by Servd of any Seller;
Servd does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Seller who uses or is listed on the Platform; and
any terms and conditions relating to a Good or Listing provided via the Platform constitute a contract between you and the Seller and do not involve Servd in any way.