TERMS

These Terms and Conditions govern your use of ALL websites owned and operated by Loveday Marketing Limited as well as any related Agreement or legal relationship with the Owner in a legally binding way. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

The User must read this document carefully.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

This Website is provided by:

Loveday Marketing Limited with company number:

09592451

and address:

35-37 Ludgate Hill, Office 7, London, England, EC4M 7JN

Owner contact email: [email protected]

Minors or people below 18 years old (dependent on jurisdiction) are not allowed to use this Website.

DEFINITIONS AND LEGAL REFERENCES

This Website– The property that enables the provision of the Service.

Agreement – Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Artificial intelligence (AI) – Any program or model or computer system able to perform tasks that normally require human intelligence, such as visual perception, speech recognition, decision-making, and translation between languages, without any human interaction.

Business User – Any User that does not qualify as a Consumer.

Owner (or We) – Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users.

Service – The service provided by this Website as described in these Terms and on this Website.

Service Provider – The Contractor or Third Party Service Provider matched to the User who will be notified of the match and contact the User direct to agree to the service level.

Terms – All provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You) – Indicates any natural person or legal entity using this Website.

Consumer – Any User qualifying as a natural person who accesses services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.

Information about this Website

Loveday Marketing Limited offers only a connection to on-demand services from third-party service providers.

“This Website” refers to

• this website, including its subdomains, and any other website through which the Owner makes its Service available;
• applications for mobile, tablet and other smart device systems;
• the Application Program Interfaces (API);
• the Service;
• any applications, samples and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

The following documents are incorporated by reference into these Terms:

• Privacy Policy
• Cookie Policy

Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, all clauses apply to all Users.

Content on this Website

Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to report related complaints using the contact details provided in this document.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Website, Users agree to meet the following requirements and agree to all the terms herein given.

• You must provide accurate information when using this Website.
• Your information will be shared with one selected Contractor for the purpose of providing a custom quote.
• You acknowledge and agree that the Website is only responsible for connecting you with a Service Provider, and is not responsible for the Service Provider’s work or performance.

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (e.g. labor actions, infrastructural breakdowns or blackouts etc.).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the Privacy Policy of this Website.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Rights regarding content on this Website – All rights reserved

The Owner holds and reserves all intellectual property rights for any such content, with the exception of certain content on this website that may be the Intellectual Property of anyone other than the Owner, which has been used with the express permission of the copyright owner. Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated on this Website, the User may download copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes through this website.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service.

The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner on application in writing at the given physical address of the Owner.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Website must be sent using the contact information stated in this document.

Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link at the bottom of the information emails.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Access to external resources

Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable Use Policy

This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations, third-party rights, or any part of these Terms and other associated documents and conditions.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:

• pretending to fulfill any possible condition or requirements for accessing this Website and/or using the Services, such as for instance being adult according to law or qualifying as a Consumer;
• concealing their identity or stealing someone else’s identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;
• manipulating identifiers to disguise or otherwise conceal the origin of their messages or of the content posted;
• defaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of others in any other way;
• promoting activity that may endanger the User’s life or the life of any other User or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any User allowed to post any content promoting and/or encouraging and/or showing any self-destructive or violent behavior on this Website;
• probing, scanning or testing the vulnerability of this Website, including the services or any network connected to the website, nor breaching the security or authentication measures on this Website, including the services or any network connected to this Website;
• installing, embedding, uploading or otherwise incorporating any malware into or via this Website;
• using this Website or the technical infrastructure in an abusive, excessive or otherwise inappropriate way (for example: for spamming purposes);
• attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on this Website or the Service;
• pretending to purchase any Products offered via this Website without any real intent to do so;
• failing to pay for Products purchased;
• adopting any automated process to extract, harvest or scrape information, data and/or content from this Website and all the digital properties thereto related unless where explicitly allowed to do so by the Owner;
• disseminating or publishing content that is unlawful, obscene, illegitimate, libelous or inappropriate;
• publishing any content that promotes, either directly or indirectly, hate, racism, discrimination, pornography, violence;
• disseminating or publishing any content that is false or may create unjustified alarm;
• using this Website to publish, disseminate or otherwise provide content protected by intellectual property laws, including but not limited to patent, trademark or copyright law, unlawfully and without the legitimate right-holder’s consent;
• using this Website to publish, disseminate or otherwise make available any other content which infringes on any third-party rights, including but not limited to state, military, trade or professional secrets and personal data;
• publishing any content or carrying out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of this Website or another User’s experience or devices. Such activities include: spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses etc.;
• misappropriating any account in use by another User;
• harvesting or collecting any personally identifying information of other Users including but not limited to their email addresses or contact information, by circumventing the privacy setting of other Users’ accounts on this Website or by any other means;
• using any information relating to other Users, including personal or contact data, for purposes other than those this Website is intended for;
• registering or using this Website in order to promote, sell or advertise products or services of any kind in any way;
• indicating or trying to imply in any manner, that a User stands in a qualified relationship with this Website or that this Website has endorsed the User, the User’s products or services or any third party’s products and services for any purpose;

API usage terms

Users may access their data relating to this Website via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses this Website, is bound by these Terms and, in addition, by the following specific terms:

The User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

TERMS AND CONDITIONS OF SERVICES

Paid Products

Some of the Products provided on this Website, as part of the Service, are provided on the basis of payment. The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Website.

Service description

Descriptions or availability of Services are outlined in the respective sections of this Website and are subject to change without notice.

While Services on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the referred Service.

The characteristics of the chosen Service will be outlined to the Consumer during their application process.

All services provided from or through this Website are created and generated by matching relevant data as provided by both Consumer and Service provider, and the Owner has no manual interaction in the matching process. Owner may not be held liable for matches that are not to the Service Provider’s liking.

LIABILITY AND INDEMNIFICATION

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer’s fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of Liability

User does not guarantee or proffer any form of insurance or liability regarding the provision of the Service to the Service Provider.

Once the Consumer’s job application is matched to a Service Provider, any agreement for the work provided is between the Consumer and the Service Provider, and the Owner may not be held liable or accountable for ANY issues relating to the agreement between the Consumer and the Service Provider, including but not limited to delays, damages, unsatisfactory work, overcharging, false information, etc.

This Website is provided on an “as is” and “when available” basis, and the User agrees that the Owner may not be held liable or accountable, whether express or implied, about the accuracy, reliability, and quality of the information provided to the Service Provider.

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

Users shall have no right to claim damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from gross negligence, whether or not this Website has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

Users agree and consent to being contacted by phone, email, or text messages, or by any other means of communication as may be used by either the Consumer and/or the Service Provider in the course of their business relationship.

Limitation of Liability for Website

In particular, within the limits stated, the Owner shall not be liable for:

• any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
• damages or losses resulting from interruptions or malfunctions of this Website due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;
• any losses that are not the direct consequence of a breach of the Terms by the Owner;
• any damage, prejudice or loss occurring due to viruses or other malware contained in or connected to files available for download from the internet or via this Website. Users are responsible for implementing sufficient security measures – such as anti-viruses and firewalls to prevent any such infection or attack and for securing backup copies of all data or information exchanged via or uploaded to this Website.

By using this Website, the User consents to their personal and/or business information being collected for matching with Consumers using the service. The Owner may not be held liable for any issues, misuse, or fraud arising from the collection of this information.

Force Majeure

The Owner shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Owner shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Owner, in his sole discretion, considers unreasonable, it may, without liability on its part, terminate any agreement without prior notice.

Third Parties

The Owner shall not be liable for the actions and/or inactions of ANY third party, including the Consumer and/or any additional party acting for or on behalf of the Consumer, whether authorized to do so or not.

EXTERNAL LINKS DISCLAIMER

The Website may contain links to other websites or content belonging to or originating from third parties or links to websites and features. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees.

The Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the site or any website or feature linked in any banner or other advertising. The Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees will not be a party to or in any way be responsible for monitoring any transaction between the User and third-party providers of products or services.

VALIDITY OF TERMS

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions of the relevant jurisdiction, if so permitted or stated under the applicable law.

Any such invalid or unenforceable provision unable to be replaced by the relevant and applicable laws of the given jurisdiction will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement.

These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

DISPUTE RESOLUTION

Governing law

This Agreement is solely subject to the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English courts in connection with any disputes.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based. The Parties submit to the exclusive jurisdiction of the City of London Court, at the Guildhall Buildings, Basinghall Street, London, EC2V 5AR

Amicable dispute resolution

Users may bring any disputes relating to the use of the Website to the Owner who will try to resolve them amicably.

While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 5 business days of receiving it.

Any disputes regarding the provision of services, or lack thereof, by the Service Providers are outside the jurisdiction and ability of amicable dispute resolution between the User and the Owner, and should be brought to the attention of the Service Provider direct, or the appropriate authority.

SURVIVING PROVISIONS

This Agreement shall continue in effect until it is terminated by either this Website or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

• the User’s grant of consent under these Terms shall survive indefinitely, unless and until expressly revoked in writing under the provisions of law;
• the User’s indemnification obligations shall survive indefinitely from the date of termination;
• the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

Loveday Marketing Limited hosts this content and only collects the Personal Data strictly necessary for it to be provided.

Last Updated: October 14, 2024