SERVIO Platform User Terms and Conditions
V1.1 FEB 2017
Your use of the Platform indicates your acceptance without modification of these terms, which will constitute a legal agreement between you and Servio. If you do not want to be bound by these terms, you must not use or subscribe to the Platform.
1.1. In this Agreement, unless the context otherwise indicates:
1.2. "AUP" means the Acceptable Use Policy of Servio that governs the use of the Platform, as amended by Servio from time to time;
1.3. "Agreement" – these terms and conditions together with the AUP and all annexures and/or schedules hereto, as amended by Servio from time to time;
1.4. "Business Day" – any day other than a Saturday, Sunday or public holiday officially recognized as such in the Republic of South Africa;
1.5. "Commencement Date" – the date on which you agree to be bound by the Agreement by way of electronic medium, for example by clicking “Signup” on a web page or via your mobile device;
1.6. "Confidential Information" – any trade secret and any other information or other data, whether in written, oral, graphic or any other form, which either Party ("Disclosing Party") discloses or provides to the other Party, or which otherwise becomes known to either Party through the Platform or the Services, which is not in the public domain and which includes, without limiting the generality of the term, information relating to a Service Provider;
1.7. "Servio" – SATU Technologies with registration number 2016 / 501144 / 07, a private company registered in South Africa;
1.8. "Servio App" – the Servio App which can be downloaded from the Apple App Store or Google Play;
1.9. "Intellectual Property Rights" – all patents, trademarks, trade names, logos, service marks, designs, design rights, copyright (including all copyright in any designs and software), source code, inventions, trade secrets, Confidential Information and all other intellectual property rights and rights of a similar character in and to, or the subject matter of which relates to the Services and the Platform (whether or not same are registered or capable of registration) and all applications and rights to apply for protection of such rights, and including without limitation copyright in the Services and the Platform, all the usual documentation associated with the Services and the Platform, and all upgrades, new versions, modifications and enhancements of the Services and the Platform, from time to time;
1.10. "Parties" – Servio and User and "Party" one of them;
1.11. "Platform" – the Servio platform consisting of:
1.11.1. the website located at www.Servio.co.za; and
1.11.2. the Servio App;
1.12. "Profile" – the User's personal profile created by him/her on the Platform;
1.13. "Services" – the cleaning or related services, which the Service Provider will provide to Users using the Platform;
1.14. "Service Provider" – the person or company displaying a Service Provider's profile on the Platform and which will provide the Services;
1.15. "Users" – you, the subscriber to the Platform who are the end users of the Services.
2.1. The Platform is a communications platform enabling the connection between individuals seeking to obtain certain services and individuals seeking to provide certain services. The Platform therefore creates an intermediate environment where Service Providers can upload Profiles and market their skills, services and availability to Users. It is specifically recorded that neither the Platform nor Servio acts as a temporary employment service provider.
2.2. Users can use the Platform subject to the terms of this Agreement.
3. Becoming a User of the Platform
3.1. The User shall register as a User by uploading his/her particulars onto the Platform in order to create a Profile or by using their Facebook account to sign in to the Platform. The User warrants that all information provided on the Platform by the User shall be correct and up to date.
3.2. The User shall read and then accept this Agreement. Should the User not agree to the terms of this Agreement, then the User should not create a Profile on or user the Platform.
3.3. If the User did not sign in with his/her Facebook account, then Servio will issue a user name and password to the User in order to enable the User to gain access to and/or use the Platform. The User will not be able to access and/or use the Platform without a user name and password.
3.4. The User agrees that:
3.4.1. he/she will use the user name and password for his/her own personal use only, in other words, the User shall not share his/her username or password with another user;
3.4.2. he/she will not disclose the user name and password to any other person for any reason whatsoever;
3.4.3. in the event that his/her password are compromised, he/she will immediately notify Servio and change the password.
3.5. Servio will not be responsible for any loss arising due to a third party gaining access to the Profile or password and accordingly the User indemnifies Servio from any loss the User may suffer as a result thereof.
3.6. The User warrants that he/she is 18 years or older and there is nothing preventing him/her from entering into and complying with this Agreement
4. Obligations and Undertakings of the User
4.1. The User shall under no circumstances, at any time engage with or contact a Service Provider other than through the Platform, failure to comply with this provision may result in the User's Profile being removed from the Platform.
4.2. In the event that the User fails to comply with its obligations in terms of this Agreement or at law, then, without prejudice to Servio's rights and remedies at law or in terms of the Agreement (including its right to terminate this Agreement and remove the Profile), Servio will be entitled to claim and the User will be liable for all losses, damages and costs suffered or incurred by Servio as a result thereof.
4.3. The User hereby agrees to adhere to generally acceptable Internet and email etiquette. In this regard the User will be expected to have read and familiarised itself with the AUP.
4.4. The Service Provider is not in any way affiliated with Servio. In other words, the Service Provider is not an employee, representative, agent or contractor of Servio. Servio shall in no way, manner or form be regarded as a temporary employment service provider. It is therefore the User's sole responsibility to agree to the terms of the Services (including but not limited to, what services will be provided, working hours and fees) with the Service Provider and to enter into an appropriate agreement with the Service Provider. For the avoidance of doubt, Servio shall not be a party to such agreement and shall not in any way accept any obligations or liability under such agreement.
4.5. It is the User's responsibility to ensure that it complies with all applicable labor laws.
5.1. This Agreement will commence on the Commencement Date and will endure until terminated by:
5.1.1. the User at any time by deleting the Profile from the Platform;
5.1.2. Servio at any time by deleting the Profile from the Platform, in it is sole discretion.
5.1.3. In the event that Servio decides to discontinue the Services, this Agreement will terminate and the User shall have no claims whatsoever against Servio as a result thereof.
6.1. Servio makes no recommendations regarding fees or charges. The User shall pay the Service Provider the fees as advertised on the Platform by him/her from time to time ("Fees").
6.2. The User mandates Servio to accept payment of the Fees from the User on behalf of the Service Provider and then to make payment on behalf of the User to the Service Provider.
6.3. The Service Provider shall pay Servio a booking commission fee.
6.4. Users will remain liable for the Fees for any booking cancelled by the User where the User gave the Service Provider less than 48 hours prior notice.
6.5. The User shall, where applicable, be liable for any payments due to the Unemployment Insurance Fund ("UIF") or for any payments or assessment due and owing under the Compensation for Occupational Injuries and Diseases Act ("COIDA").
7. Security and Privacy
7.1. Servio will take whatever action Servio may deem necessary and reasonable to preserve the security and reliability of its Platform.
7.2. The User may not utilize any service in any manner which may compromise the security of the Platform, or any other network connected to the Platform.
7.3. Servio takes reasonable steps to secure the User's payment information. Servio uses a third party payment system that is sufficiently secure with reference to accepted technological standards at the time of the electronic transaction and the type of the transaction concerned.
8. Communication, Complaints Handling And Dispute Resolution
8.2. Complaints must be submitted to Servio and will be dealt with by Servio in accordance with the provisions of this clause. This excludes any disputes relating to the employment relationship between the Service Provider and User. Servio will not be a party to disputes between the User and the Service Provider.
8.3. Without prejudice to the User's rights in law, the User is required, to first approach Servio with any complaint or dispute (excluding any dispute relating to the employment relationship between the Service Provider and User) and afford Servio an opportunity to resolve a compliant before the User approaches any relevant authority, court or other dispute resolution body or refer the matter to Arbitration as contemplated in clause 8.8 below.
8.4. Please direct all complaints to support@Servio.com. The User's complaint should include the following:
8.4.1. the User's name and surname;
8.4.2. the User's username;
8.4.3. the date on which the complaint arose; and
8.4.4. a brief description of what gave rise to the complaint.
8.5. Servio will acknowledge receipt of the User's complaint within 2 (two) Business Days of receipt thereof.
8.6. Servio will formally respond with a view to proposing a resolution of the User's complaint in writing within 7 (seven) Business Days of receipt thereof, or within such longer period as we reasonably require under circumstances where the resolution of the complaint is for example (but without limitation) in the hands of a supplier or third party service provider.
8.7. The User may approach any relevant authority, court or dispute resolution body or refer the matter to Arbitration as set out in clause 8.9 below, for resolution of the dispute, should the User not be satisfied with the proposed resolution of the dispute by Servio.
8.8. Any dispute between the Parties may be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held either in Cape Town or Johannesburg, and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This Agreement to arbitrate shall be enforceable in, and judgement upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect.
8.9. The arbitrator shall have the power to give default judgement if any Party fails to make submissions on due date and/or fails to appear at the arbitration.
8.10. The provisions set out above shall not prevent either Party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.
9. Intellectual Property Rights
9.1. The User irrevocably acknowledges and agrees that any and all rights in and title to the Platform, including all of the software, trademarks, copyright and other Intellectual Property Rights used or embodied in or in connection with the Platforms, are and will remain the sole property of Servio (or the third party proprietor who authorises Servio's use of such intellectual property), and that no Intellectual Property Rights therein are granted or assigned under this Agreement.
9.2. You may only use information and material retrieved, viewed, downloaded or otherwise obtained by viewing the Platform, for your own personal and non- commercial use and such information and/or data may not be sold, resold, transmitted or otherwise made available or disseminated in any manner via any media to any third parties.
9.3. Under no circumstances must you attempt to reverse engineer, disassemble, decompile, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in any form or by any means, (electrical, mechanical, photo reproduction, recordation or otherwise) any of the software material, information or content viewed, downloaded or otherwise retrieved from the Platform.
9.4. Servio grants the User a nonexclusive, nontransferable, right to use the Platform, solely for his/her own personal, noncommercial purposes, subject to the terms and conditions of this Agreement.
10.1. Having regard to the definition of "Confidential Information" in 1.6 and in order to protect the proprietary interests of both Parties and the Service Provider in and to their Confidential Information and trade secrets, the Parties shall, at all times and notwithstanding the cancellation or termination of this Agreement hold in confidence all Confidential Information received from each other or the Service Provider and shall not use, copy, disseminate or in any other manner whatsoever deal with the Confidential Information, or divulge or disclose the Confidential Information to any third party.
11. Disclaimer of Warranties
11.1. The User expressly understands and agrees that:
11.1.1. Servio will use reasonable endeavors to make the Platform available to the User and to maintain the availability thereof for use by the User. However, the User's use of the Platform is at the User's sole risk. The Platform is provided on an "as is" and "as available" basis. Servio expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and no infringement;
11.1.2. Servio makes no warranty that the Services will meet the User's requirements. Servio will not assess the suitability, legality or ability of the Service Provider and the User expressly waives and releases Servio from any and all liability, claims or damages arising from or in any way related to the Services or the Service Provider (including, without limitation, any theft or damage to property, person injury or the negligence, conduct or performance of the Service Provider).
11.1.3. Servio will not be a party to disputes between the User and the Service Provider.
12.1. The User hereby unconditionally and irrevocably indemnifies Servio and agree to hold Servio harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and when so ever arising, suffered or incurred by Servio or instituted against Servio as a result of (without limitation):
12.1.1. User's use of the Platform;
12.1.2. Service Provider's behaviour towards Users or the provisioning of the Services to Users;
12.1.3. User's conduct towards a Service Provider;
12.1.4. User's loss of his/her password;
12.1.5. User's failure to comply with the terms of this Agreement;
12.1.6. any unavailability of, or interruption in the Platform;
12.1.7. any other cause whatsoever relating to Servio's provision of the Platform to the Service Provider.
13. Limitation of Liability
13.1. Servio will not be liable to the User, whether in contract, delict or otherwise, for any indirect or consequential damages including (without limitation) loss of data, profits or custom, and/or business foregone, whether foreseeable or not and whether or not in the contemplation of the Parties at the time of the conclusion of this Agreement.
13.2. Notwithstanding the provisions of this Agreement, should Servio be found to be liable for a claim resulting from this Agreement, then in no event shall Servio's aggregate liability exceed the amounts actually paid by the User to the Service Provider in the six (6) month period immediately preceding the event giving rise to a claim.
14. Amendment of this agreement
14.1. Servio reserves the right to amend this Agreement from time to time. Any new version of the Agreement will be displayed on the Platform together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is the User's obligation to visit the Platform on a regular basis in order to determine whether any amendments have been made. User's use of the Platform after changes are posted shall constitute acceptance of any changed or additional terms.
15.1. The Parties acknowledge and agree that this Agreement constitutes the whole of the agreement between them and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on the Parties.
15.2. No indulgence, leniency or extension of time which Servio may grant or show to the Service Provider shall in any way prejudice Servio or preclude Servio from exercising any of its rights in the future.
15.3. The Service Provider may not transfer, assign or otherwise delegate any of its rights or obligations under this Agreement, including, without limitation, by engaging subcontractors. Servio shall be entitled to cede its rights and delegate its obligations under this Agreement without the consent of the Service Provider.
15.4. This Agreement shall be governed by the laws of South Africa. The Service Provider hereby consents to the jurisdiction of the Magistrate's Court in the Republic of South Africa in respect of any proceedings that may be initiated by Servio arising out of this Agreement, provided that Servio shall be entitled, in its reasonable discretion, to institute such proceedings in the High Court of South Africa and, in such event, the Service Provider consents to the jurisdiction of such court.
15.5. The physical address where Servio will receive legal service of documents/ domicilium citandi et executandi is the following: 20 Bright street, Somerset West, 7130
Acceptable Use Policy
By using the Platform, you agree to comply with this AUP. Servio reserves the right to change or modify the terms of the AUP at any time by posting an updated version on its Platform. Your use of the Platform after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.
• General Prohibitions
• Servio prohibits use of the Platform in any way that is: i) unlawful, incitement to commit criminal acts, harmful to or interferes with use of Servio's network or systems; ii) infringes intellectual property rights; iii) results in the publication of threatening or offensive material which is harmful, obscene, discriminatory, defamatory, constitutes hate speech; or iv) constitutes abuse, a security risk or a violation of privacy.
• Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription web services, chat areas, bulletin boards, web pages, applications, or other services that are accessed via a link from the Platform is a violation of this AUP.
Violation of Intellectual Property Rights
• The Platform shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, retransmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of Servio or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
• You shall not reproduce duplicate, copy or resell any part of the Platform.
Inappropriate Interaction with Minors
• The Platform should not be used for the purpose of commission an offence against a child or in way that would constitute or promote unlawful interaction with children.
• Users are responsible for ensuring and maintaining security of their own systems and the machines that connect to and use the Platform, including implementation of necessary patches and operating system updates.
• The Platform may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of Servio's (or another party's) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing.
• You shall not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• You remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the Platform. Servio has no responsibility for the accuracy of any information posted on the Platform or accessible using the Platform, including information provided by Service Provider or on thirdparty websites linked to the Platform.
• Servio's services may include interactive services, including, without limitation, chat or messaging facilities, or bulletin boards.
• Servio will do its best to assess any possible risks for you from third parties, including Service Providers and Users, when using any interactive services. However, Servio is under no obligation to oversee, monitor or moderate any interactive service and Servio expressly exclude our liability for any loss or damage arising from the use of any interactive service by you.
These content standards apply to any and all information which you contribute to our Platform ("Contributions"), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards.
Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from Servio, if this is not the case.
• Advocate, promote or assist any unlawful act.