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Terms & Conditions

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Last updated: May 30, 2017

We are VQuarter AB with subsidiaries (org.nr: 559004-9069)

These Terms of Service govern the use of the services offered by VQuarter AB, (the “Company” or “we”) at the Company’s website (“Site”) or mobile applications. Such services, the Site and mobile applications together are hereinafter collectively referred to as the “Service.” Your subscription to the Service constitutes meaning you accept and agree to all of the terms and conditions in these Terms of Service, the Privacy Policy (the “Privacy Policy”) available HERE and your representation that you are 18 years of age or older. If you object to anything in these Terms of Service, or the Privacy Policy, you are not permitted to use the Service. The Privacy Policy are incorporated by reference into these Terms of Service and these Terms of Service and the Privacy Policy are hereinafter referred to as this “Agreement.”


Changes to terms

VQuarter reserves the right to modify the terms and conditions of this Agreement or to change, modify or otherwise alter any feature of the Service and/or the Site at any time in its sole discretion. Changes to this Agreement may be communicated to member (“you”) by making the revised Agreement available for your review on the Service and/or the Site. Please review the Terms and Privacy Policy periodically for any changes. The date that these Terms were last modified can be found at the end of this Agreement. Any modifications to this Agreement, including, but not limited to, any modifications to the warranty disclaimers or limitations of liability contained in this Agreement, will supersede the prior Agreement provisions for all activity occurring after the revised version has been made available.

To the extent any change materially impacts the availability of the Service, such as a change to your Subscription, in addition to posting the revised document on the Service, we will communicate such a change directly to you via the email address associated with your Registered Account. Your continued use of the Service and/or the Site after the changes come into effect and, in the case of any Subscription, your failure to cancel the same within the relevant notice period, will mean you accept and agree to be bound to the changes.

The Company connects members with service partners

The company is a communications platform for enabling connections between the Company members and Service partners. The company members and Service partner are together referred to as “Users”.

The company only provides a venue

The Company is not a service partner and does not provide any services on its own. The Company is not responsible for the performance of the Service partner, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the third party. The company does not have control over the quality, timing or legality of tasks delivered by Service partner.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.


Consent to electronic communications

The member registration and use of the Service constitutes consent to receiving electronic communications from the company and our Subscription Providers regarding the account. The member agrees that any such communications from either the company or the Subscription Providers will satisfy any legal requirements, such as that notice be provided to member in writing. The member also consents to receiving promotional messages, offers, surveys, and requests electronically. For more information as to how the company communicate with member, please review company Privacy Policy. If the member no longer want to receive non-transactional communications, the member may unsubscribe at any time using the link at the bottom of the electronic communication or sign in to the registered Account and update the notification settings. Please note that changes made to notification settings may not take effect immediately, and there could be a delay before the new settings become effective.


Registration and Subscription for service

To create an Account, the member must first set up a profile which requires information including first and last name, a valid email address, a password and postal address to the home the service concern (“Required Information”). The member can manage access to Service and Registered Account through the “Settings” section of the Service.

The member will be required to choose a Subscription before Account registration can be completed. To become a member you will be required to choose a Subscription on the company services. In order to choose a Subscription, a current and valid method of payment, such as a credit card or debit card (a “Payment Method”) must be provided. Payments will be processed by the respective Payment Service partner and not through VQuarter. Any inquiries related to payments should be directed to support@vquarter.com. The member is responsible for all charges incurred in connection with the Subscription.

It is a condition of use of the Service that all the details you provide, including Required Information and Payment Method, will be correct, current, and complete and will not violate any law. If the company or a Payment Service partner believes the details are not correct, current or complete, or do not meet the Eligibility Criteria, or that you have otherwise violated this Agreement or any law, we each have the right at our sole discretion to suspend, terminate or refuse you access to the Service, your Registered Account and/or the Site and any of its resources.


Billing and Payment

Users of the Service will be required to provide their credit card or bank account details to Company and the Payment Service partner retained by Company (the “PSP”). Member confirm that the credit or debit card that is provided to the Company contains rightful details. All credit or debit card holders are subject to validation checks and authorization by the card issuer.
Terms of Service between Members and the PSP retained by Company are available here (the “PSP Agreement”). By accepting these Terms of Use, each user agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Please note that the Company is not a party to the PSP Agreement and that you, the PSP and any other parties listed in the PSP Agreement (currently, Braintree) are the parties to the PSP Agreement and that the Company has no obligations or liability to any Member under the PSP Agreement.

After Member receives confirmation through the Service or via email that a Task has been completed, Member authorizes Company to execute Task payment and out of pocket expenses owed to Service partner if applicable, and the service fees and trust and safety fees owed to Company for the use of the Service. You may be charged a cancellation fee through the PSP if you book a Task, but cancel it less than 24hours before scheduled task, a cancellation fee of one hour will apply.
Task Payment must be paid through the Service. All Tasks are including VAT.

  • Charges are linked to the membership package to which you subscribe, as set out on the website. The various levels of membership for the Service and the corresponding membership fees are set out on the Website and are subject to reasonable change by company from time to time. If this may occur, the Company will notify you of this by email or push-notification to the address you have provided in advance of any changes taking effect.
  • You will be charged in advance of your payment period until your membership is cancelled (for cancellation details see below) together with additional transaction based charges. Details of charges are shown within the sign-up process. Charges are expressed in Euro. Any reduction in the applicable membership price (for example, when you downgrade to a lower-priced service plan) will take effect in your next membership payment period. Any increase in the applicable membership price (for example, where you upgrade your service plan) will take effect from the date of notification (so that a pro-rata payment shall be made for the remainder of the current payment period, with the full payment to be made from the beginning of the following plan period).
  • Payment for all charges are payable upon registration or the relevant periodic payment date. You can pay membership fees by any MasterCard, Visa, or American Express credit card; PayPal; or any other payment methods the company accepts. Your payment details will be encrypted to minimize the possibility of unauthorized access or disclosure. At the time of registration, you will be asked to provide credit/debit card details. In the event that the Company is unable at any time to obtain payment of any charges using such credit card details, the Company may freeze your account until it has received settlement in full.
  • The service plan may start with a free trial. The length and terms of the Company’s free trials are set out on the service plan description. The Company reserves the right, in its absolute discretion, to determine your eligibility for a free trial, and to withdraw or to modify a free trial at any time without prior notice and with no liability. We require you to provide your payment details to start a free trial. At the end of the trial, you will be asked to upgrade your service plan or we will deactivate your account.


Promotional codes and Vouchers

Company may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of Company, and can be activated, modified or removed at any time by Company without advance notification. You agree that you will only use one Voucher per house, and will comply with Voucher terms, including but not limiting Voucher use to first-time Users (which means that you will not use such a Voucher with a new account you create if you already have an account on the Service).

Release

The Service is only a venue for connecting Users. Because Company is not involved in the actual contact between Users or in the completion of the Task, in the event that you have a dispute with one or more Users, you release Company (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Booking process & Cancellation Policy

If you request the services of a Service partner, we will notify you by text message and/or email when a Service partner has accepted your request and confirmed the booking.
If you decide to cancel a booking (whether for a one-off visit or on a repeat basis), you may do so via the Site or the App, subject in each case to the following conditions: (i) if a Service partner has not yet confirmed the booking, you may cancel it without charge; (ii) if a Service partner has confirmed the booking but has not yet carried out the services requested, you may cancel it without charge up to 24 hours before the scheduled start time of the visit; and (iii) if you cancel less than 24 hours before the scheduled start time of the visit, we reserve the right to charge a cancellation fee as stated on the Site which will be charged to your registered credit or debit card. Cancellations direct with the relevant Service partner are not permitted and will not be accepted.
If a booking is cancelled by the Service partner or if the Service partner fails to attend the agreed location to provide the services requested, please notify us within 72 hours following the scheduled start time of the visit and, if still required, make another request for the relevant services to be provided by the Service partner (or another Service partner) at another mutually agreeable time.

Termination and Suspension

Company may terminate or suspend your right to use the Service at any time for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.
Without limitation, Company may terminate or suspend your right to use the Service if you breach any term of this Agreement or any policy of Company posted through the Service from time to time, or if Company otherwise finds that you have engaged in inappropriate and/or offensive behavior. If Company terminates or suspends your right to use the Service for any of these reasons, you will not be entitled to any refund of unused balance in your account. If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you.

You may terminate this Agreement at any time by ceasing your subscription on either of the Company service. The cancellation will become effective 30 days after the next payment. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.


Account, Password, Security and Mobile Phone Use

You must register with Company and create an account to use the Service. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Company for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. Company has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Company immediately.
By providing your mobile phone number and using the Service, you hereby affirmatively consent to our use of your mobile phone number for calls and texts in order to perform and improve upon the Service. Company will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by modifying your account settings on the Site or Company’s mobile application, or by emailing the company’s support.


Your Information and Likeness

“Your Information” is defined as any information and materials you provide to Company or other Users in connection with your registration for and use of the Service, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as “User Generated Content.” You hereby represent and warrant to Company that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Company or cause Company to lose (in whole or in part) the services of its ISPs or other partners or suppliers.

The Service hosts User Generated Content relating to reviews (star rating) of specific Service partners. Such reviews are opinions from members and not the opinion of Company, have not been verified or approved by Company and each member should undertake their own research to be satisfied that a specific Service partner is the right Service partner for a Task. You agree that Company is not liable for any User Generated Content.

You hereby grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the Service.

  • Use, and permit to be used, such User’s Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Service in any media.
  • Use, and permit to be used, such User’s name and identity in connection with the Service.
    Each User hereby waives all rights and releases the Company from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, likeness or voice in connection with the Service.

Each User acknowledges that the Company shall not owe any financial or other remuneration for using the recordings provided hereunder by such User, either for initial or subsequent transmission or playback, and further acknowledges that the Company is not responsible for any expense or liability incurred as a result of such User’s recordings or participation in any recordings, including any loss of such recording data.

Links to Other Websites

Links (such as hyperlinks) from the Service to other sites on the Web do not constitute the endorsement by Company of those sites or their content. Such links are provided as an information service, for reference and convenience only. Company does not control any such sites, and is not responsible for their content. The existence of links on the Service to such websites (including without limitation external websites that are framed by the Company Service as well as any advertisements displayed in connection therewith) does not mean that Company endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.


Worker Classification and Withholdings

Each User assumes all liability for proper classification of such User’s workers as independent Service partners based on applicable legal guidelines.

You agree to treat Service partners courteously and lawfully and to provide a safe and appropriate working environment for them in compliance with all applicable laws and regulations. You also agree to provide them with all reasonable information and co-operation required to enable them to provide the services you have requested.

You agree, for so long as the agreement between you and us is in force and for a period of six months thereafter, not to book the services of, or engage, any Service partner you have used, or whose contact details you have received from us, other than via VQuarter.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Company.

The Service is not an employment service and Company does not serve as an employer of any User. As such, Company will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Users’ services.

Insurance

The VQuarter Service partner has an insurance that complies with the following;

  • business operating liability.
  • indirect or secondary liabilities.
  • liability for damage to property.
  • liability for damage to members personal properties.
  • personal injury.
  • financial responsibility.


Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the Service is owned by Company, excluding User Generated Content that Company has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Company owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without Company’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Company and, if applicable, the holder of the rights to the User Generated Content.

The service marks and trademarks of Company, including without limitation Company and the Company logos are service marks owned by Company. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.


Copyright Complaints and Copyright Agent

Company respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Service infringe upon your copyright or other intellectual property right, please send the following information to Company’s Copyright Agent at: VQuarter AB, Calle de colom, 20, 07001 Palma de Mallorca or email support@vquarter.com.

  • A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Service where the material you claim is infringed is located. Include enough information to allow Company to locate the material, and explain why you think an infringement has taken place;
  • A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.


Disclaimer of Warranties

USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY TASK OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE.

NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.
NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
IN ADDITION, NOTWITHSTANDING ANY FEATURE A CLIENT MAY USE TO EXPEDITE VQUARTER SELECTION, EACH CLIENT IS RESPONSIBLE FOR DETERMINING THE TASK AND SELECTING THEIR SERVICE PARTNER AND DETERMINING THE TASK AND COMPANY DOES NOT WARRANT ANY GOODS OR SERVICES PURCHASED BY A CLIENT AND DOES NOT RECOMMEND ANY PARTICULAR SERVICE PARTNER.


No Liability

YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS ONLY WILLING TO PROVIDE THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD COMPANY, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY COMPANY OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION, OTHER THAN PURSUANT TO THE VQUARTER GUARANTEE TERMS.

UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

COMPANY DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SERVICE.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT COMPANY OR ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES IN EXCESS OF THE VQUARTER GUARANTEE TERMS, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.


Indemnification

You hereby agree to indemnify, defend, and hold harmless Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with (i) your use or inability to use the Service, or (ii) any content submitted by you or using your account to the Service, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Company.

Dispute Resolution

INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Company. Company’s address for such notices is VQuarter, Calle De Colom, 20 07001 Palma de Mallorca, Attention: Legal.

BINDING ARBITRATION. If you and Company are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL.

WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and Company agree that any arbitration will be limited to the Dispute between Company and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section will be deemed null and void.

LOCATION OF ARBITRATION. Arbitration will take place in Stockholm, Sweden. You and Company agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made.


Governing Law

Dispute will be decided by a court of competent jurisdiction within Stockholm, Sweden, and you and Company agree to submit to the personal jurisdiction of that court.

Except as expressly provided otherwise, this Agreement will be governed by, and will be construed under, the laws of Sweden, without regard to choice of law principles.

No Agency

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.


General Provisions

Failure by Company to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. will be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of laws rules. This Agreement constitutes the entire agreement between you and Company with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of Company, its successors and assigns.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, PRIVACY POLICY AND MARKETPLACE GUIDELINES AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT