These Terms and Conditions contain important information regarding your legal rights and obligations in relation to your use of the Abilect Platform. Please read this document carefully as your access and use of the Platform implies that you agree to comply with and be bound by these Terms and Conditions.
These Terms and Conditions were last updated on the 02 July 2018. They are effective for those registering accounts with us after this date and will become effective for those with pre-existing accounts following the 31st of July, 2018. Should any further changes be effected for these terms and conditions, Abilect will notify you via the email address provided on your Abilect account.
Table of Contents
Thank you for using Abilect!
If you have any questions regarding these Terms, please do not hesitate to email us.
A - Parties
- Description of the Abilect Platform
- Using the Abilect Platform
- Modification to these Terms
- Account Registration
- Terms Specific for Service Providers
- Terms Specific for Clients
- Payment Policy
- Booking Modifications, Cancellations and Refunds
- Ratings and Reviews
- Prohibited Activities
- Penalties for Misconduct
- Dispute Resolution and Management
- General Provisions
- Abilect is a limited liability company that is headquartered in Nyon, Switzerland. The official name of the company is Abilect SA.
- We, us or our refers to the Abilect company with whom you are contracting, which are detailed as follows:
If you are a Swiss resident, you are contracting with Abilect SA, Rue de Rive 28, 1260, Nyon.
Should you change your place of residence, the Abilect company you are contracting with is determined by your new place of residence, from the date on which your place of residence changes.
B - Services and Content
- You or your refer to you, the user of the Abilect Platform.
- Member(s) is the collective term for you, a third-party user of the Abilect Platform, who have an account registered with Abilect.
- Service Provider(s) refers to a Member who has a registered account related to a service offered on the Abilect Platform. A Service Provider’s relationship with Abilect is limited to that of an independent, third-party contractor. A Service Provider is not an employee, agent, joint venturer or partner of Abilect for any reason. A Service Provider acts exclusively on his/her own behalf and for his/her own benefit, and not on the behalf of or for the benefit of Abilect. Service Providers register an Abilect Service Provider Account(s).
- Client(s) refers to a Member who uses the Abilect Platform to access the profiles published by Service Providers. Clients register an Abilect Client Account(s) with the Abilect company with whom they are contracting.
- Account(s) is the collective term used for Abilect Client Accounts and Abilect Service Provider Accounts.
- Abilect Service(s) is the collective term that refers to the following services on the Abilect Platform: cleaning, catering, gardening, babysitting, chauffeuring, plumbing, carpentry, tutoring, driving lessons, event planning, temporary assistants, electricians, and handymen.
N.B: Please note that while these terms are referred to as Abilect Services, this in no way constitutes an endorsement by Abilect of these services or of the Service Providers who publish associated Profiles. Abilect Services refers simply to the services and Profiles that are published by third parties on the Abilect Platform.
Description of the Abilect Platform
- Profile(s) refer to content generated by Service Providers and Clients. A Profile would include relevant details such as the name, company, contact information and payment information.
- Abilect Content refers to any and all content generated by Abilect administrators. This does not include content generated by Abilect Members.
- Member Content refers to any and all content generated by Abilect Members.
- Platform Content is the collective term used for Abilect Content and Member Content.
- Resident Countries is the collective term used for countries in which Abilect operates in i.e. the respective countries of our Members. Currently these countries are Switzerland.
- Service Fee is the term used for the price set by a Service Provider for his/her Profile.
Using the Abilect Platform
- The Abilect Platform is a mobile marketplace where Members can interact with each other on the basis of Profiles provided on the platform. Through Abilect, Clients can directly communicate and transact with Service Providers for their Profiles. Service Provider Profiles may include the provision of one or more kinds of Abilect Services available on the Abilect Platform.
- Abilect is the provider of the Abilect Platform. We do not own, create, sell, resell, provide, control, manage, deliver or supply any Profiles, Abilect Services or Service Providers. Service Providers bear sole responsibility for their Profiles. When Clients make and confirm a booking, they are entering into a contract directly with their Service Provider. Abilect is not and does not become a party, or any other participant in, any contractual relationship between the Service Provider and the Client, nor is Abilect any form of employment agency. Abilect does not act in any capacity as any agent for its Members.
- Abilect does not endorse any Client, Service Provider or Profile.
- If a Service Provider is listed as Verified on the Abilect Platform, this does not mean that they are in any way endorsed by Abilect. It simply means that they have successfully complied with the relevant verification and identification procedure. Any media content available on Service Provider Profiles is not an endorsement by Abilect of the Service Provider or the Profile. It moreover does not constitute a certification or guarantee by Abilect about the Service Provider with regards to details concerning the Service Provider’s background, identity, credibility, suitability or safety.
- In an effort to promote the Abilect Platform and increase the exposure of Service Provider Profiles to current and potential Clients, Profiles and other Member Content, including but not limited to reviews and ratings, may be used on other websites, in applications, in emails and in online and offline advertisements.
- With respect to its Members who speak different languages and its branch offices in various geographic location, Abilect provides translated Platform Content. However, Abilect cannot guarantee the accuracy or quality of any such translations. We urge our Members to alert us as to any discrepancies in translation.
- The Abilect Platform may include links to third-party websites or resources. Choosing to access these websites and resources means that you will be subject to different terms and conditions and privacy policies. Abilect is neither responsible nor liable for the availability or accuracy of the terms and conditions and any other such policies of third-party links. We also do not bear the responsibility for the content, products or services available through third-party links. Furthermore, links to any third-parties do not constitute an endorsement by Abilect of these parties.
- The Abilect Platform may not be available to you continuously or without interruption. Abilect reserves the right to restrict the availability and accessibility of the Abilect Platform and/or certain features or areas thereof, if this is necessary in view of capacity limits, the security or integrity of our servers or to carry out maintenance measures that ensure the proper or improved functionings of the Abilect Platform for our Clients. Abilect may improve, enhance and modify the Abilect Platform and introduce new Abilect Services from time to time. Members will be notified of discrepancies in site availability or accessibility via their provided media of communication.
Modification to these Terms
- All Members must be over 18 years of age and be able to enter into legally binding contracts to access and use the Abilect Platform or register an Abilect Client or Service Provider Account. Hence, by agreeing to these Terms, you confirm that you are above 18 years of age and are legally able to enter into legally binding contracts with Members on the Abilect Platform.
- Members are obligated to comply with any applicable law regarding their use of the Abilect Platform.
- Abilect reserves the right to render the access to and use of the Abilect Platform, or certain areas of features thereof, subject to certain conditions and/or requirements, which include but are not limited to completing a verification process, meeting ratings or reviews thresholds, or booking and cancellation history.
- For the purpose of transparency and fraud prevention, Abilect may but has no obligation to, within the scope of applicable laws,
- Ask Members to provide a form of government identification, any other personal information, or to undertake additional verification steps to aid in our validation of the identities and backgrounds of our Members;
- Screen Members against third party databases or other sources;
- Procure reports, provided that we have enough information to identify a Member, from public records of criminal convictions or sex offender registrations or any equivalent version of background or registered sex offender checks in your local jurisdiction;
- It is possible that the access to and use of different features of the Abilect Platform may be subject to separate policies, standards or guidelines. Additionally, you may be required to accept additional terms and conditions. Given conflicts between these Terms and those applicable to a specific part of the Abilect Platform, those pertaining to the specific part of the platform will take precedence, unless specified otherwise.
- If you have accessed or downloaded the Abilect Application from the Apple App Store, you automatically agree to Apple’s Licensed Application End User License Agreement.
- Once you have agreed to these Terms, they shall remain effective for a 30-day period and shall be thereafter automatically and continuously renewed for subsequent 30-day periods, until such a time when either you or Abilect should choose to terminate your relationship with Abilect.
- Members may terminate their relationship with Abilect at any time by using the Deactivate Account feature on the Abilect Platform. Should any issues arise with this deactivation process, members also have the option to request a deactivation via an email to Abilect Customer Service.
- If you deactivate an Abilect Service Provider Account, any confirmed or pending booking(s) will be automatically cancelled.
- If you deactivate an Abilect Client Account, any confirmed or pending booking(s) will be automatically cancelled.
- Abilect reserves the right to change these Terms at any time in accordance with this provision. Should any changes be effected, we will post the new Terms on the Abilect Platform and update the “Last Updated” date at the top of these Terms. You will be provided with notice of any such changes by the email provided on your Account at least 30 days before the date on which the new Terms become effective.
- If you disagree with the new Terms, you reserve the right to terminate your relationship with Abilect with immediate effect by deactivating your Abilect account. You will be reminded of your right to terminate your relationship when you receive an email notification regarding changes being made to these Terms.
- If you fail to terminate your account before the revised Terms become effective, your continued access to and/or use of the Abilect Platform will be construed as an acceptance of the revised Terms.
- Abilect reserves the right to enable our Members to
- Create, upload and post content including text, photos, audio, video or other information on or through the Abilect Platform;
- Access and view Platform Content as well as any third-party content Abilect authorizes or licenses for use on or through the Abilect Platform.
- The Abilect Platform and Platform Content may be entirely or partially protected by copyright, trademark and/or other laws of our Resident Countries. By accessing and using the Abilect Platform, you confirm that you recognize that the Abilect Platform and Abilect Content are the exclusive property of Abilect. In accordance with intellectual property rights, you are not permitted to remove, alter or obscure any copyright, trademark, service mark or any other proprietary rights notices incorporated in or accompanying the Abilect Platform and Platform Content.
- All trademarks, trade names, logos, service marks and any other form of identifiers used by Abilect on or in connection with the Abilect Platform and Abilect Content are trademarks or registered trademarks of Abilect in our Resident Countries.
- Any form of identifiers, including those listed above, for third parties on or in association with the Abilect Platform and Platform Content are used for identification purposes only and may be the property of their respective owners.
- You may not prepare derivative works, copy, adapt, modify, distribute, publicly transfer, publicly perform, sell, license, transmit, broadcast or in any way exploit the Abilect Platform or Platform Content, unless you are the owner of that content i.e. in case it is your own Member Content.
- You are not granted any rights or licenses under any intellectual property rights owned or controlled by Abilect.
- Contingent on your compliance with these Terms, Abilect grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
- Download and use the Abilect Application on any of your devices;
- Access and view Platform Content via the Abilect Platform, accessible to you for the sole purpose of your personal and non-commercial use.
- By making available Member Content on or through the Abilect Platform, you are granting to Abilect a non-exclusive, global, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast and otherwise exploit in any manner such Member Content to provider and/or promote the Abilect Platform, in any media or platform. Unless you provide specific consent, Abilect does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
- You bear sole responsibility for any and all Member Content that you make available on or through the Abilect Platform. As such, you represent and guarantee that:
No member may post, upload, publish or submit any content that:
- You are either the sole and exclusive owner of all Member Content that you make available and accessible on or through the Abilect Platform;
- Or you have obtained all the appropriate rights, licenses, consents and releases that are necessary to grant to Abilect the rights in and to such Member Content;
- Neither your manipulation and/or use of Member Content nor the Abilect Platform’s use and/or manipulation of Member Content will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Is fraudulent, false, misleading (either directly, by omission or by failure to update information). The Member has the sole responsibility of ensuring that the information they make available through their Account is constantly kept up-to-date;
- Is defamatory, libelous, obscene, pornographic, vulgar or offensive;
- Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- Is violent or threatening or promotes violence or actions that are threatening to any other person;
- Promotes illegal or harmful activities or substances;
- Violates any other Abilect policy.
- Abilect reserves the right to remove or disable access to any Member Content, without prior notice, if Abilect finds such content to be in violation of these Terms or of Abilect’s then-applicable Policies and Terms, or if Abilect finds the content to be harmful or objectionable to Abilect, our Members, third-parties or property.
- Abilect upholds and respects copyright law and expects and urges our Members to do the same. If you believe that any Platform Content violates copyright law, please notify us immediately.
Terms Specific for Service Providers
- To access and use features of the Abilect Platform, you must register an Account. If you are registering an Account for a company or other legal entity, you represent and guarantee that you have been given the authority to legally bind that organization to these Terms and other Abilect Policies. You further represent and warrant that the organization grants us all permissions and licenses provided in these Terms.
- To create an Account, you require an email address and will be asked to create a password.
- While registering your Account, you are obliged to provide us with accurate, complete and up-to-date information. It is further your sole responsibility to update this information as needed.
- You may only register one Client Account, one Service Provider Account or one Client Account and one Service Provider Account. You may not register multiple Accounts of one category i.e. multiple Client Accounts, multiple Service Provider Accounts, unless authorized otherwise by Abilect.
- You may not transfer control of your Account to another individual or entity without first notifying Abilect.
- You bear the sole responsibility for maintaining the confidentiality and security of your Accounts credentials. You may not share your credentials with a third party and do so at your own risk.
- You reserve the right to immediately report any suspected theft, loss, misappropriation or any other form of compromise of your Account to Abilect. You remain liable for any and all activities conducted through your Account, unless you have already notified Abilect of any of the afore-mentioned indiscretions.
You bear the responsibility of ensuring that your details on your Service Provider Account are constantly updated.
- These Terms are applicable to all Service Provider Accounts and Content (including but not limited to information Service Providers present on their Abilect Profiles).
- When creating a Profile on the Abilect Platform, you are obligated to:
- Provide complete and accurate information about your Abilect Service, with respect to the description of your Posting, the location of your service and your availability;
- Disclose any deficiencies, restrictions and requirements that may apply;
- Provide any other pertinent information requested by Abilect;
Terms Specific for Clients
- You reserve the right to set a Service Fee. Once you receive and confirm a booking, you may not request your Client to pay a higher price than that of the confirmed booking request.
- Your Client will only be charged once you have confirmed and completed the requested appointment. You must confirm the appointment within 48 hours of the Client making the booking request.
- Any policies listed in your Account profile or in your Posting cannot conflict with these Terms or any other Abilect policy.
- If you choose to include media content, such as images, animations and videos, in your Abilect Profile, you must ensure that it accurately reflects the quality of the Abilect Service you offer. Abilect reserves the right to mandate that your Profile includes images of a specified format, size and resolution.
- When you confirm a booking request by a Client, you are effectively entering into a legally binding agreement with the Client and are obliged to provide your service(s) to the Client as described in your Posting and on your Profile when the Client made the initial booking request. You, as the Service Provider, also bear the sole responsibility of informing the Client of any changes to your service or booking should they occur. The Client will then have the right to be fully refunded any paid cost.
- The placement of Postings in search results on the Abilect Platform can vary and are dependent on various factors that include but are not limited to, the Clients search parameters, the Clients preferences, service requirements, price of Posting, calendar availability of the Service Provider, reviews and ratings and any other kind of feature that would impact the way Postings are presented to Clients.
- By publishing a Posting on the Abilect Platform, you represent and warrant that you are not violating any applicable law, rule or regulation, which includes but is not limited to any and all required permits, licenses and registrations. As a Service Provider, you take full responsibility for any and all content that you choose to display on your profile and in your Postings, as well as any implications thereof.
- By registering yourself under a particular Abilect Service, you represent and warrant that you are in full understanding of and full compliance with any and all laws, rules and regulations that apply to your Abilect Service. You further represent and warrant that you have obtained any and all required licenses, permits or registrations prior to creating an Abilect Service Provider Profile and publishing associated Postings.
- You represent and warrant that following the confirmation of the booking, either yourself or the indicated employee of your organization will provide the requested Abilect Service in person. You are not permitted to send a third party not associated with your organization or not registered on Abilect to complete the booking on your behalf.
- All employees of your organisation (in other words all Service Providers associated with your organization) must be listed as an Employee of your organization. The primary Service Provider (the Administrator of your Abilect Service Provider profile) must assume all responsibility for any listed Employees on the page. By presenting them on your profile, you are representing and warranting that the Employees have the appropriate and required permits, licenses and registrations and have successfully passed Abilects Service Provider verification and identification process.
- Any and all applicable fees for the requested services will be presented to you prior to the completion of the booking request. You will be reminded of the fees charged again when receiving a confirmation notification from your Service Provider of your booking.
- Once you receive a booking confirmation from your selected Service Provider through the Abilect Platform, a legally binding agreement is formed between you and the Service Provider. The fees for the booking will be paid in full at the time of the booking confirmation.
- You understand and agree that a confirmed booking for a requested Service will be taken as your approval and authorization for the selected Service Provider to enter and perform the required service at the requested time and on the requested day.
- You should carefully review the profile of the Service Provider you intend to engage for the required service before choosing to make a booking.
- You must bear in mind that any supplementary services requested outside of the online booking will be subject to a supplementary fee as decided by the Service Provider. You will be charged this fee through the Abilect platform.
For details on Abilects Payment Policy, please visit this link.
Booking Modifications, Cancellations and Refunds
Ratings and Reviews
- Service Providers and Clients are responsible for any modifications to a booking that they make via the Abilect Platform or direct Abilect Customer Service to make. Additional fees may apply.
- For all bookings that are not classified as “Emergency Booking”, Clients and Service Providers are required to make any cancellations or modifications to a confirmed booking 24 hours prior to the time stated in the booking.
- For all bookings that are classified as “Emergency Booking”, the above clause does not apply.
- If a Service Provider chooses to cancel a confirmed booking, the Client will receive a full refund of the fees charged and paid for any such booking and Abilect may publish an automated review on the Posting cancelled by the Service Provider, indicating that a booking was cancelled.
- Abilect reserve the right to cancel a confirmed booking and make the appropriate refund to the Client under circumstances that include but are not limited to where Abilect believes that the legitimate interest of either one of the parties involved in the booking may be harmful to Abilect, our Members or any associated third party.
- A booking request will be cancelled if the Service Provider associated with the booking fails to confirm the appointment within 48 hours of the completion of the booking request.
- Following the completion of a booking, Clients can leave a public review and submit a star rating about their Service Provider. Any such reviews or ratings reflect the opinion of individual Members and do not reflect the opinion of Abilect.
- Ratings and reviews of Service Providers must be fair, truthful and factual. They may not contain any offensive or defamatory language. Abilect reserves the right to remove any ratings that violate this policy.
- Service Provider are prohibited from manipulating the ratings and reviews system in any manner, such as instructing a third party or Member of the Abilect Platform to write a positive or negative review about another Service Provider or themselves.
Members may not assist or enable others to:
- Breach or circumvent any applicable laws or regulations;
- Use the Abilect Platform or any Abilect Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Abilect endorsement, partnership or otherwise misleads others as to your affiliation with Abilect;
- Use the Abilect Platform in connection with the distribution of unsolicited commercial messages i.e. spam;
- Offer, as a Service Provider, any Service that you do not yourself have permission to make available to a Client through the Abilect Platform;
- Use the Abilect Platform to request, make or accept a booking independent of the Abilect Platform, to circumvent any fees or for any other reason;
- Request, accept or make any payment for Posting fees outside of the Abilect Platform. If you do so, you acknowledge and agree that you:
- Would be in breach of the Terms;
- Accept all risks and responsibility for such payment;
- Hold Abilect harmless from any liability for such payment;
- Discriminate against or harass anyone on the basis of race, national, origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behaviour;
- Use, display, mirror or frame the Abilect Platform and any content that appears on it, including any individual element within the Abilect Platform, Abilects name, any Abilect trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Abilect Platform, without Abilects express written consent;
- Dilute, tarnish or otherwise harm the Abilect brand in any way, including through unauthorized use of its content, registering and/or using Abilect or derivative terms in domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Abilect domains, trademarks, taglines, promotional campaigns or content on the Abilect Platform;
- Use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Abilect Platform for any purpose;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Abilect or any of Abilects providers or any other third party to protect the Abilect Platform;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software use to provide the Abilect Platform;
- Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Abilect Platform;
- Violate or infringe anyone elses rights or otherwise cause harm to anyone.
- You acknowledge that Abilect has no obligation to monitor the access to or use of the Abilect Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to:
- Operate, secure, and improve the Abilect Platform (including without limitation or fraud prevention, risk assessment, investigation and customer support purposes);
- Ensure Members compliance with these Terms;
- Comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;
- Respond to Member Content that it determines is harmful or objectionable;
- Or as otherwise set forth in these Terms.
- By registering an Account, Members agree to cooperate with and assist Abilet in good faith, and to provide Abilect with such information and take such actions as may be reasonably requested by Abilect with respect to any investigation undertaken by Abilect or a representative of Abilect regarding the use or abuse of the Abilect Platform.
- If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who:
- Engages in offensive, violent or sexually inappropriate behaviours;
- You suspect of stealing from you;
- Engages in any other disturbing conduct.
Penalties for Misconduct
- You should immediately report any such person to the appropriate authorities and then to Abilect by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
- Abilect reserves the right to terminate or suspend your account to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body.
- Abilect also reserves the right to suspend an Account given the following conditions:
- If the Member has breached these Terms, or the terms of any other Abilect policies, applicable laws, regulations, or third party rights,
- If the Member has provided inaccurate, fraudulent, outdated or incomplete information during the Abilect Account registration process,
- If the Member has repeatedly received poor ratings or review or Abilect otherwise has become aware of or has received complaints about the Members performance or conduct,
- If the Member has repeatedly cancelled confirmed bookings or has repeatedly failed to respond to booking requests without a valid reason.
Members will be notified via email of the pending suspension of their account. The email will include details pertinent to the reason(s) for the suspension as well as the steps needed to be undertaken in order for the Member to recover the Account. Account recovery will be possible for a period of 14 days following Abilect notifying the Member of the Account suspension.
Abilect reserves the right to immediately and without notice terminate a Members relationship with the Platform if:
In addition to suspension and termination of an Account, Abilect also reserves the right to take the following penalty measures for Member misconduct:
- There have been repeated incidents of the aforementioned conditions for suspension of an Account;
- The Member has failed to take the necessary steps to recover the Account within the indicated 14-day period;
- The Member has been accused and charged of any criminal offences that include but are not limited to: theft, sexual misconduct (harassment, assault), etc.
Should Abilect be required to take any of the Penalty Measures listed above:
- Refuse to surface, delete or delay any Ratings or Reviews for an Account;
- Cancel any pending or confirmed bookings;
- Limit your access to or use of the Abilect Platform;
Dispute Resolution and Management
- We may refund the Members Clients in full for any and all confirmed bookings that have been cancelled, irrespective of pre-existing cancellation policies;
- The Member will not be entitled to any compensation for pending or confirmed bookings that were cancelled;
- Should Abilect find it necessary to terminate an Account, the Member is not entitled to a restoration of their Account or any of their Member Content.
- Should Abilect find it necessary to terminate, suspend or take any of the other above-listed measures against a Members Account, the Member in question is not allowed to register a new Account or access and use the Abilect Platform through an Account of another Member.
- Abilect is committed to participating in a consumer-friendly dispute resolution process.
- In the event that a dispute should arise between the buyers and suppliers of the services listed on the Abilect Platform, we will assist the involved parties to solve any issues that may arise from the purchase and sale of services on the Abilect platform.
- Service Providers and Clients are required to notify both Abilect and any and all other parties involved in the event of a dispute and are obliged to attempt to negotiate an informal resolution at first.
- Abilect will assist all parties to solve any problems arising from the purchase of services.
- Abilect holds full responsibility over the disputes opened by the Clients which entail chargebacks, general complaints, cancellations and refunds.
- Abilect will contact the involved parties at the email address provided and those involved can contact Abilect at firstname.lastname@example.org.
- Please note that Abilect’s role in the mediation of disputes is limited solely to the informal resolution of disputes between Service Providers and Clients. In the event of formal resolution (i.e. arbitration processes, lawsuits, etc), Abilect reserves the right to decline involvement unless the nature of the dispute directly involves Abilect in any way.
- You choose to use the Abilect Platform or Platform Content voluntarily and at your own risk.
- You represent and warrant that you have undertaken the appropriate research pertaining to Abilect Services, Postings, laws, rules or regulations that are applicable to your use of the Abilect Platform and are not relying upon any statement of law or fact made by Abilect relating to a Posting.
- Should we choose to conduct verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either explicit or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
- The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
- If you do not reside in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Abilect Platform and Platform Content and your publishing or booking of any Posting via the Abilect Platform remains with you.
- If you do not reside in the EU, neither Abilect nor any other party involved in creating, producing or delivering the Abilect Platform or Platform Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of the substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with:
- These Terms;
- The use of or inability to sue the Abilect Platform or Platform Content;
- Any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Abilect Platform;
- Your publishing or booking of a Posting, including the provision or use of a Postings Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Abilect has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
- If you do not reside in the EU, with exception to our obligations to pay amounts to applicable Service Providers in accordance with these Terms, in no way does Abilects aggregate liability arising out of or in connection with these Terms and your use of the Abilect Platform including, but not limited to, from your publishing or booking of any Postings via the Abilect Platform, or from the use of or inability to use the Abilect Platform or Platform Content and in connection with any Services, or interactions with any other Members, exceed the amounts you have paid or owed for bookings with any other Members, exceed the amounts you have paid or owe for bookings via the Abilect Platform as a Client in the twelve month period prior to the event giving rise to the liability, or if you are a Service Provider, the amounts paid by Abilect to you in the twelve month period prior to the event giving rise to the liability, or one hundred US dollars, if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Abilect and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
- If you reside in the EU, Abilect is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Abilect is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Abilect in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Abilect is excluded.
You agree to release, defend (at Abilects option), indemnify, and hold against Abilect and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
- Your breach of these Terms or our related Policies;
- Your improper use of the Abilect Platform or any Abilect Services;
- Your interaction with any Member, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction;
- Your breach of any laws, regulations or third party rights.
- We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Abilect Platform.
- You may submit Feedback by emailing us, through the Contact section of the Abilect Platform, or by other means of communication.
- Any Feedback submitted to us will be considered as non-confidential and non-proprietary to you.
- By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- These Terms and any related policies constitute the entirety of your official relationship with Abilect. These Terms and policies take precedence over any and all prior oral or written understandings or agreements between Abilect and you in relation to the access to and use of the Abilect Platform.
- No joint venture, partnership, employment, or agency relationship exists between you and Abilect as a result of this relationship or your use of the Abilect Platform.
- These Terms do not and are not intended to confer any rights or remedies upon any person other than associated parties.
- If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
- Any failure on Abilects part to enforce any right or provision in these Terms and related Policies does not constitute a waiver of said right or provision, unless acknowledged and agreed to by us in writing.
- You may not assign, transfer or delegate your relationship with Abilect and your rights and obligations hereunder without first receiving written consent from Abilect. Abilect may without restriction assign, transfer or delegate your confirmed relationship with us under these Terms and any rights and obligations hereunder, at its sole discretion, with thirty days prior notice. Your right to terminate your relationship at any time remains unaffected.
- Any notices or other communications to Members permitted or required under these Terms will be in writing and provided by Abilect via email, Abilect Platform notification, or messaging service (including SMS). For notices sent to Members residing outside of Germany, the date of receipt will be deemed the date on which Abilect transmits the notice.
- If you reside in the EU, you can access the European Commissions online dispute resolution platform here: http://ec.europa.eu/consumers/odr.