These terms of service were last updated on 04 November 2016.
Please read these terms of service carefully before using the app or website as they apply to your use of both. We draw your attention in particular to the limitations and exclusions of liability at condition 20.
1. OUR RELATIONSHIP WITH YOU
1.1 We are UniDosh Ltd., a limited company registered in the UK with company number 9931345, a registered office at 3 Duchess Cresent, Stanmore, Middlesex, United Kingdom, HA7 3GH and a VAT registration number of 245 5961 81 (UniDosh, we, us). We are the owner and operator of the UniDosh application (UniDosh App), the website located at (UniDosh Website), the UniDosh software and all associated online and electronic documentation (Documents) (together, the Platform).
1.2 These terms of service (Terms) are a legal agreement between you and us which govern your use of the Platform. We licence use of the Platform to you on the basis of these Terms and subject to any terms, rules or policies applied by the Apple and Google Play Store app stores (Appstores) (Appstore Rules). We do not sell the UniDosh App or any part of the Platform to you. We remain the owner of the Platform at all times.
1.4 By downloading and using the UniDosh App you agree to these Terms, which will bind you. We draw your attention in particular to condition 20, which explains our liability to each other under these Terms. If you do not agree to these Terms, we will not license the Platform to you and you must not download, access or use the Platform.
2.1.1 UniBuyer: A student who clicks the ‘UniBuy’ button within the UniDosh App and/or a student who purchases services through the UniDosh App.
2.1.2 UniSeller: A student who clicks the ‘UniSell’ button within the UniDosh App and/or a student who sells services through the UniDosh App.
2.1.3 Users: UniBuyers and UniSellers and anyone who uses the UniDosh App or visits the UniDosh Website.
2.1.4 Post: a listing made by a UniSeller on the UniDosh App which describes the services they are willing to provide and the price, date and times they are willing to provide them at.
2.1.5 Request: a request for services made by a UniBuyer to a UniSeller on the UniDosh App.
2.1.6 UniDosh Account: a personal registered account set up by any User.
2.1.7 Service: any tasks, help, assistance, training or services that are offered by a UniSeller and/or requested by a UniBuyer, including but not limited to cleaning, maintenance, cooking, gardening, hairdressing, fitness, technology help, hair and beauty, tutoring and language assistance.
2.1.8 Strike: a mark which can be left on a UniSellers or UniBuyers Profile when another User is not satisfied with their Service or Request for Service.
2.2 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
3. THE PLATFORM AND THE SERVICES
3.1 UniDosh is the creator of an online Platform that creates a marketplace exclusively for students. The Platform provides UniSellers who are willing to provide various Services with an opportunity to connect with UniBuyers who are willing to pay for the Services.
3.2 UniSellers supply the Services to UniBuyers strictly as independent contractors to the UniBuyers and not as employees, workers, agents, joint ventures, partners or franchisees of UniDosh. UniDosh does not provide any Services itself and does not employ or engage individuals to perform the Services on its behalf. UniDosh's role is limited to connecting the UniSellers and UniBuyers.
4.1 These Terms apply to your use of the Platform, including any updates or supplements to the UniDosh App.
4.2 We may change these Terms at any time. If we do so, we will notify you of any changes by providing an in-app notice when you next start the UniDosh App, updating the UniDosh Website or by sending you a push notification, if you have agreed to receive them. The new terms may be displayed on-screen and you may be required to read and accept them if you wish to continue to use the Platform.
4.3 From time to time we may issue updates to the Platform. Depending on the update, you may not be able to use the Platform, or certain functions of the Platform, until you have downloaded the latest version of the UniDosh App and accepted any new version of these Terms. We reserve the right to alter, update or discontinue any part of the Platform at any time and for any reason in our sole discretion.
4.4 You accept responsibility in accordance with these Terms for your use of the UniDosh App on or in relation to any mobile device, including, without limitation, a cell phone, tablet, laptop and any other mobile device on which it is possible to download and use the UniDosh App, whether or not such device is owned by you (Devices). You will be assumed to have obtained permission from the owner of any Device that is controlled, but not owned, by you to download a copy of the UniDosh App onto such Device. You or they (as may be applicable) may be charged by the relevant service provider for internet access on that Device. You may not use the UniDosh App on any Device that is not owned or controlled by you.
4.5 By using the Platform, you consent to us collecting and using technical information, including but not limited to technical information about the Devices, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Platform. We may use this information to improve our products or to provide services or technologies to you.
4.6 You and we each acknowledge that:
4.6.1 these Terms are concluded between you and us, and not with the Appstores, and we are solely responsible for the Platform and the contents thereof;
4.6.2 the Appstores have no obligation whatsoever to provide any maintenance or support services with respect to the Platform;
4.6.3 the Appstores, and their subsidiaries, are third party beneficiaries of these Terms and, upon your acceptance of these Terms, the Appstores will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
4.7 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
5. GRANT AND SCOPE OF LICENCE
5.1 In consideration of you agreeing to comply with these Terms, we grant you a non-transferable, non-exclusive, non-sub-licensable, revocable licence to:
5.1.1 download a copy of the UniDosh App onto the Devices and view, use and display the UniDosh App on the Devices;
5.1.2 use the UniDosh Website; and
6.1 In order to register with UniDosh, you must be a current student at university or college. Proof of your student status is required before you are able to Post or Request a Service. If you are not a student, you are prohibited from using the Platform. By creating a UniDosh Account and using the Platform, you warrant and represent that you are a currently a student. If we have reason to believe, or later discover, that you are not a student, we reserve the right to take such action as may be reasonably necessary to disable your access to and use of the Platform and/or to delete your UniDosh Account without notice or liability to you.
6.2 When a User creates a UniDosh Account, an email will be sent to their university or college email address ending in "ac.uk." Registration of the account will not be complete until the user has confirmed acceptance via the email. An active student ID number will also be required as proof of your student status.
6.3 The Platform is intended for use only by persons aged 16 and over. If you are under 16 years of age, you are prohibited from using the Platform. By creating a UniDosh Account and using the Platform, you warrant and represent that you are at least 16 years of age. If we have reason to believe, or later discover, that you are under 16 years old, we reserve the right to take such action as may be reasonably necessary to disable your access to and use of the Platform and/or to delete your UniDosh Account without notice or liability to you.
6.4 We reserve the right to refuse access to the Platform to any individual, business or other entity at any time without explanation.
7. REGISTRATION AND YOUR ACCOUNT
7.1 Before you can Post or Request Services on the UniDosh App, you must register with us and create a UniDosh Account. Creating a UniDosh Account and registering are both free. We will ask you to provide information including your name, student identification number, university, university email address and course end date.
7.2 You warrant that the information you provide is true, that it relates to you and is accurate.
7.3 A clear photograph of your face is required to register an UniDosh Account. This enables UniBuyers to verify that you are the UniSeller whose Services they requested.
7.4 You undertake to provide full, accurate and true information about yourself when creating a UniDosh Account and to ensure that such information is regularly updated to ensure that it remains full, accurate and true in all respects.
7.5 You must register and create a UniDosh Account for your personal use only. You may not create more than one UniDosh Account, you may not authorise others to use your UniDosh Account and you may not assign or transfer it to any other person or entity. If we become aware or have grounds to suspect that you are using or have control of more than one UniDosh Account, we reserve the right in our sole discretion close any or all of your UniDosh Accounts with immediate effect and without notice or liability to you.
7.6 If we suspend or terminate your access to the Platform or otherwise delete your UniDosh Account, you must not register another UniDosh Account without our prior written consent, which we shall be entitled to grant or withhold in our sole discretion. If we discover or have reason to suspect that you have registered another UniDosh Account without our consent, we reserve the right to suspend or delete such account (at our option) without notice or liability to you.
7.7 You are responsible for keeping your password and log-in details confidential. We ask you not to share your password with anyone. You are fully responsible for all activities that occur under your account or password even if they are not authorised by you. If you suspect a third party has been using your account you should notify UniDosh immediately.
7.8 You must use the name in which you are enrolled on your course to create your UniDosh Account. You must not choose a user name or profile photograph which is fake, inappropriate, offensive or otherwise in breach of this condition 7 and the acceptable use restrictions set out in condition 13.3 and condition 13.4 below (Acceptable Use Restrictions).
7.9 You must not upload a profile photograph to your UniDosh Account unless you have the legal right to do so.
7.10 We have the right to disable the account of any User whose photography in our sole opinion does not comply with these Terms, and in particular this condition 7 and our Acceptable Use Restrictions (condition 13).
8. BUYING AND SELLING OF SERVICES
8.1 Once Users are logged into their UniDosh Account on the UniDosh App, they are given an option of whether to click ‘UniBuy’ if they want a search and Request a Service, or ‘UniSell’ if they want to Post details about Services that they offer.
8.2 After entering the 'UniSell' tab, UniSellers are asked to choose which category of Service theirs fits into. They are then able to select their preferences including the hourly rate, description of what the Service entails, the location they will offer it and any other notes for potential UniBuyers. Once the Post has been submitted, UniDosh adds it to a database for potential UniBuyers.
8.3 After entering the 'UniBuy' tab, UniBuyers can search for available Services by selecting the category of Service, as well as the date and time they would like it to be provided. The search result will show the UniSellers available at those times for that category of service. UniBuyers will be able to see the UniSeller’s (i) first name, (ii) photograph, (iii) hourly rate, (iv) rating and reviews, (v) bio and (vi) postcode where the job will take place (which is usually at a location chosen by the UniBuyer).
8.4 If a UniBuyer wants to proceed and purchase the Service offered by a UniSeller, they click the ‘Confirm Booking’ tab. They are then able to message the UniSeller to arrange the provision of the Service or make special requests.
8.5 The UniSeller can then decide whether to accept or reject the Request for Service. There is no obligation to accept a Request for Service, but as soon as the UniSeller accepts a Request, a contractual relationship is formed between the UniBuyer and the UniSeller and both parties are bound by the terms agreed between them through the offer and communication prior to acceptance of the offer (the Agreed Terms). All communication between Users should be within the UniDosh App and any communication outside of the UniDosh App will not form part of the Agreed Terms.
9.1 As all our payments are processed by Stripe. Their terms and conditions can be found here: https://stripe.com/gb/legal . When a UniBuyer wants to book a Service, they will be re-directed to Stripe so they can input their card details. We do not take credit or debit card information directly from you. If you choose to save your card details through Stripe, UniDosh will store an 'access token' which is linked to your payment method and will allow you to make further purchases without re-entering your card details.
9.2 Once a Service has been completed, payment to the UniSeller is activated by both parties ‘ticking’ the Service completion button within the ‘My Bookings’ page. UniDosh calculates the final amount to be paid and transfers the payment manually to the UniSeller.
9.3 UniDosh takes a 12% introducer fee from the total Service price by the UniBuyer not including payment gateway tax. The balance of the payment is then released from the UniBuyer to the UniSeller.
9.4 The UniBuyer warrants that it holds sufficient funds in its account to pay the final amount as it becomes due and will not Request a Service unless it can pay for it. UniDosh reserves the right to prevent UniBuyers from Requesting a Service if there are outstanding payments for previous Services.
9.5 If there are additional expenses directly relating to provision of a Service, the UniSeller should add the cost into the price they set when they Post the Service. This policy does not apply to cleaning products, which should be supplied by the UniBuyer.
9.6 Please note charges may be levied by your service provider in connection with the amount of data that you consume when using the Platform, as is the case with apps generally. We do not receive any payment whatsoever from your service provider in relation to your data use and we have no control over and accept no responsibility for such charges. You must ensure that you understand the charges which may be levied by your service provider before you begin using the Platform.
9.7 A £0.50 surcharge is added to the UniBuyer's fee in order to account for gateway tax. 12% is deducted from the transaction total.
10.1 After the Service has been completed and payment has been made, Users are asked to rate other Users using a 5 star rating system (5 being Excellent, 4 being Very Good, 3 being Acceptable, 2 being Poor and 1 being Dissatisfactory) (Review). Users are able to write comments to describe the reasoning for the rating they give.
10.2 Users agree to provide accurate and prompt Reviews that truly and fully reflect the experience with the other User.
11.1 If a UniBuyer cancels within 12 hours of time agreed in the Agreed Terms, the UniSeller will receive a notification of the cancellation. The UniSeller will have the option to message the UniBuyer to ask for the reason for the cancellation. If the UniSeller does not find the UniBuyer’s reason adequate, the UniSeller is entitled to place a Strike on the UniBuyer’s account.
11.2 If a UniSeller cancels within 24 hours of the time agreed in the Agreed Terms, the UniBuyer will receive a notification of the cancellation. The UniBuyer will have the option to message the UniSeller to ask for the reason for the cancellation. If the UniBuyer does not find the UniSeller’s reason adequate, the UniBuyer is entitled to place a Strike on the UniSeller’s account.
11.3 Strikes are not visible to other users but will appear in the User’s personal settings as a tally. Users who receive 5 Strikes may have their UniDosh Account terminated, see condition 24 for more details.
11.4 No financial penalties are incurred for cancellations.
12. THIRD PARTY SITES
12.1 UniDosh Platform may contain links to other independent third-party websites (Third-party Sites). Messages you receive from other users of the UniDosh App may also contain such links to Third Party Sites
Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
13. ACCEPTABLE USE RESTRICTIONS
13.1 You acknowledge and agree that you are solely responsible for:
13.1.1 any user name and profile photograph or other profile information you upload to your UniDosh Account (Profile Content);
13.1.2 the content of any messages that you send through the UniDosh App to other users of the Platform and any links to third-party content outside the Platform (Message Content);
13.1.3 the content of any Posts you make regarding your Services;
13.1.4 any Reviews you leave regarding other User's Services, (collectively, User Content).
13.2 You warrant that any User Content submitted by you complies with our Acceptable Use Restrictions set out in condition 13.3 and condition 13.4 below. You agree to compensate us fully for any loss, damage, liability, claim, cost or expense (including reasonable legal and other professional costs) that we suffer, incur or pay as a result of your breach of the Acceptable Use Restrictions.
13.3 You must not use the Platform: (i) to transmit any material that is obscene, offensive, hateful, inflammatory, defamatory, threatening or otherwise objectionable, or which abuses or invades another’s privacy, or causes annoyance, inconvenience or needless anxiety, or which is likely to harass, upset, embarrass, alarm, bully or annoy any other person; (ii) for the purpose of harming or attempting to harm minors in any way; (iii) for the purpose of disparaging any other person or their business, product or service; (iv) to transmit spam or unsolicited commercial content to any users of the Platform; to offer, market or promote any game, prize, promotion or competition contrary to any applicable legislation; (v) to transmit any material that contains or promotes sexually explicit material or activities; (vi) to transmit any material that promotes violence; (vii) to transmit any material that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (viii) to impersonate any person or entity or to falsely claim or imply an affiliation with any person or entity (and ‘any person or entity’ shall include UniDosh itself and any UniDosh employee, character or persona) or to transmit any material that is likely to deceive or mislead any person; (ix) in any way which breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence; (x) in any way which promotes any illegal activity; (xi) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the UniDosh App or the UniDosh Website or any operating system; (xii) in any way which infringes our intellectual property rights or those of any third party, including as a result of using a user name or uploading a profile photograph or submitting any material (to the extent that such use is not licensed by these Terms); (xiii) in any way which damages or risks damaging our goodwill, brand or reputation; (xiv) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and (xv) to collect or harvest any information or data from the UniDosh App or the UniDosh Website or our systems or attempt to decipher any transmissions to or from the servers running the UniDosh App or the UniDosh Website.
13.4 You must not access the Platform using automated software agents and systems designed to access and process information held by the Platform many times faster than a human being (such as such as web crawlers, internet bots, offline readers and load testers), whether for commercial or any other purposes and whether with malicious intent or otherwise. Such agents and systems may have an adverse impact on the performance and availability of the Platform and are therefore strictly prohibited. For the avoidance of doubt, the provisions of this condition 13.4 shall also apply to public search engine operators.
13.5 You must not Post, Request or provide any Services that:
13.5.1 are illegal or unlawful (including but not limited to supplying drugs, buying alcohol for someone under the age of 18, causing harm to a person or property, driving without the appropriate licences and insurance);
13.5.2 are in contravention of your visa;
13.5.3 are in contravention of your university policy, rules or guidelines, for example offering to draft essays or coursework for students; or
13.5.4 you are unqualified for or ill equipped to provide.
14. STATUS OF INDEPENDENT CONTRACTOR
14.1 UniSellers acknowledge they are an independent contractor and nothing in these Terms shall render the UniSeller an employee, agent or partner of UniDosh and the UniSeller shall not hold themselves out as such. UniSellers acknowledge that they are not supplied by UniDosh to provide the Services and do not work under the control or supervision of UniDosh.
14.2 UniSellers are free to decide whether to accept a Request for a Service. There is no obligation on UniSellers to accept a minimum number of Requests for Services, nor are there any penalties for UniSellers who do not accept Requests. UniSellers are free to decide what price they provide the Services for, what hours they provide the Services in and who they provide the Services to. UniDosh merely provides a platform where UniSellers can find UniBuyers willing to pay for their Services.
14.3 It is a condition of use that UniSellers agree they shall have the status of self-employed persons and shall be exclusively responsible for the payment of National Insurance contributions and for the discharge of any income tax liability and Value Added Tax payable in respect of the price in the Agreed Terms and shall complete any necessary tax return and pay any such contributions and taxes to the appropriate authorities.
14.4 UniDosh is not an employment agency or employment business. UniDosh provides a platform for students to exchange information with each other regarding Services they wish to buy or sell.
14.5 UniDosh shall not be vicariously liable for any of the acts or omissions of the UniSeller and they shall not by virtue of these Terms be entitled to pledge the credit of the Client nor sign any document, enter into any contract or agreement or make any promise on behalf of UniDosh.
15. PERFORMANCE OF SERVICES
5.1 You are solely responsible for your interactions with other Users and for taking all appropriate safety precautions. You understand that UniDosh do not currently conduct criminal background checks or screenings on its Users. We aim to verify that the Users are students but we do not have a vetting procedure beyond this. UniDosh does not verify the qualifications or experience of any of the Users or suitability of UniSellers to provide the Services offered.
15.2 UniDosh makes no warranties or representations as to the conduct of Users, their compatibility with other Users or the UniSellers ability to perform the Service adequately.
15.3 UniSellers shall only offer their Services if they are capable of providing it to a standard that would be expected of them by the UniBuyer. UniSellers shall ensure they comply with all relevant health and safety regulations when carrying out Services.
16.1 UniDosh is not responsible for and shall have no liability in relation to performance or non-performance of any Service.
16.2 A 'Dispute' will arise if:
16.2.1 A UniBuyer is a not satisfied with the Service that has been provided by a UniSeller, or
16.2.2 A UniSeller is not satisfied the UniBuyer has described what Service they require properly; or
16.2.3 A UniBuyer fails or refuses to pay the agreed price within 7 days of the Service being marked complete by the UniSeller.
16.3 In the case of a Dispute, the following process shall apply:
16.3.1 The UniBuyer and UniSeller should first negotiate between them to reach an agreement;
16.3.2 If the Dispute is not resolved within 30 days of either the UniSeller or UniBuyer marking the Service as complete, then we suggest the unsatisfied party refer their claim to the small claims court, details of which can be found here: https://www.gov.uk/make-court-claim-for-money/overview .
16.4 In the event of a Dispute both parties agree to understand that the responsibility for reaching a mutually agreed settlement lies between them and is not the responsibility of UniDosh.
17. HARASSMENT AND COMPLAINTS about user content
17.1 We merely host the Platform and except as expressly provided in the further provisions of this condition 17, we have no control over, and do not monitor or moderate, any User Content uploaded or sent using the Platform.
17.2 If you would like to complain about the User Content of another User (i.e. any Profile Content, Message Content, Post or Review), please contact us using the contact details in condition 25.
17.3 Please precisely identify the User Content about which you are notifying us and the User responsible for the relevant User Content. You should also provide us with full details of your complaint including any evidence to support your complaint. We will then review the material and decide whether it complies with these Terms. We will deal appropriately with any User Content which, in our opinion, violates these Terms. We will endeavour to inform you of the outcome of our review within a reasonable time of receiving your complaint.
17.4 If you are unhappy with a Review left about you, please provide details of why you feel the Review was unfair and provide us with supporting evidence. We may delete a Review in our sole discretion. We shall have no liability to the reviewer or reviewee in connection with any action we may or may not take.
17.5 If we receive a complaint about any of your User Content, including your Profile Content and any Message Content that you have sent to another user of the Platform, we will determine, in our sole discretion, whether such
User Content breaches these Terms. When a breach of these Terms has occurred, we may take such action as we deem appropriate. Failure to comply with our Acceptable Use Restrictions may result in our taking all or any of the following actions without notice or liability to you:
17.5.1 immediate, temporary or permanent withdrawal of your right to access and use the Platform;
17.5.2 issue of a warning to you;
17.5.3 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
17.5.4 further legal action against you; or
17.5.5 disclosure of such information to law enforcement authorities and the courts as we reasonably feel is necessary or as required by law.
18. LICENCE RESTRICTIONS
18.1 Except as expressly set out in these Terms, or as may be permitted by the Appstore Rules and any local law, you agree:
18.1.1 not to copy any part of the Platform except where such copying is incidental to normal use of the Platform, or where it is necessary for the purpose of back-up or operational security;
18.1.2 not to rent, lease, sell, sub-license, loan, redistribute, translate, merge, adapt, vary or modify any part of the Platform;
18.1.3 not to make alterations to, or modifications of, the whole or any part of the Platform, or permit any part of the Platform to be combined with, or become incorporated in, any other programs;
18.1.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or attempt to do any such thing except to the extent that (by virtue of section 296A of the
Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Platform with another software program, and provided that the information obtained by you during such activities:
18.104.22.168 is used only for the purpose of achieving inter-operability of the Platform with another software program;
22.214.171.124 is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
126.96.36.199 is not used to create any software that is substantially similar to the Platform
18.1.5 to include our copyright notice (“© UniDosh Limited 2016. All rights reserved.”) on all entire and partial copies you make of the UniDosh App on any medium;
18.1.6 not to provide or otherwise make available any part of the Platform (including object and source code), in any form to any person;
18.1.7 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Platform; and
18.1.8 to comply with all applicable third party terms of agreement when using the Platform.
19. INTELLECTUAL PROPERTY RIGHTS
19.1 You acknowledge that all intellectual property rights in the Platform anywhere in the world belong to us or our licensors, that rights in the Platform are licensed (not sold) to you, and that you have no rights in, or to, the Platform other than the right to use each part of the Platform in accordance with these Terms. You further acknowledge that you have no right to have access to any part of the Platform in source-code form.
19.2 In the event of any third party claim that the Platform or your possession and use of the Platform infringes the third party’s intellectual property rights, we will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
20. disclaimers and limitations of liability
20.1 UniDosh is not responsible for and shall not be liable for any non-payment by any User. If a UniSeller is not satisfied or has not received payment for a Service they shall use the Dispute procedure outlined in condition 16.
20.2 You acknowledge that the Platform has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platform, as described in the Documents, meet your requirements.
20.3 The Platform has been developed for personal use only. It is not designed for commercial or business purposes and we therefore give no warranty or representation that it is suitable for such purposes. If you choose to use the Platform for commercial or business purposes you do so at your own risk. Consequently, we have no liability to you whatsoever for any loss of profit, loss of business, business interruption or loss of business opportunity.
20.4 You are solely responsible for any user name and profile photograph you choose to upload to your UniDosh Account. We accept no liability to you for any loss, damage or liability that you may suffer or incur as a result of your choice of user name or profile photograph or its visibility to other users of the Platform.
20.5 We do not guarantee that the Platform will always be available or uninterrupted and we may suspend, withdraw, discontinue or change all or any part of the Platform without notice. We will not be liable to you for the loss, late delivery or non-delivery of any a Service or if, for any reason, the Platform is unavailable at any time or for any period. In particular, the Platform is not suitable for, and should not be used or relied upon for business purposes.
20.6 You are responsible for making all arrangements necessary for you to have access to the Platform. We have no liability to you whatsoever if you are unable to access or use the Platform using your Devices whether before or after any update we may issue.
20.7 We do not guarantee that the Platform will always be free of errors, bugs or viruses, whether introduced by us or by third parties. You are solely responsible for ensuring that your Devices, and the information held on them, are backed up and protected by appropriate firewalls and internet security products or services.
20.8 We do not monitor messages sent between users of the Platform (other than where we are asked to investigate User Content in accordance with condition 17) . However, by using the Platform you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Platform may be read, intercepted or used by others.
20.9 Your UniDosh Account is personal to you. You must not allow another person to use your UniDosh Account. If your Device is lost or stolen, you must notify us immediately so that we are able to suspend your UniDosh Account. We are not liable to you for any loss or damage you may suffer as a result of the use of your UniDosh Account by another person, whether such use is with or without your consent.
20.10 If we suspend or terminate your access to the Platform or otherwise delete your UniDosh Account in accordance with these Terms, we will not be liable to you for the loss of payment for a Service.
20.11 Although we make reasonable efforts to update the information on the UniDosh Website and the UniDosh App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up-to-date. The content of the UniDosh Website and the UniDosh App is not intended to amount to advice on which you should rely. Similarly, we have no control over User Content sent to you by other users of the Platform and you should not rely or act on such User Content. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of any User Content or any content available on the UniDosh Website and/or the UniDosh App.
20.12 You acknowledge that we, and not the Appstores, are solely responsible for any product warranties, whether express or implied by law, to the extent not excluded. To the maximum extent permitted by law, the Appstores shall have no warranty obligation or any other liability to you for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Platform to conform with any warranty, whether express or implied by applicable law.
20.13 You acknowledge that we, and not the Appstores, are solely responsible for addressing any claims by you or a third party relating to the Platform or its possession or use by you including but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
20.14 The Appstores are operated by the relevant third party providers and not by us. We are therefore not responsible and accept no liability for these Appstores or, with the exception of the UniDosh App, for any goods or services provided by them.
20.15 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
20.16 To the extent that our liability has not been limited or excluded under this condition 20, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence up to the limit specified in condition 20.17, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the Terms.
20.17 Our maximum aggregate liability to you under or in connection with these Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £500 (or its equivalent in any applicable currency). This limitation does not apply to the types of loss set out in condition 20.15.
20.18 You agree to compensate us fully for any loss, damage, liability, claim, cost or expense (including reasonable legal and other professional costs) (Demand) we may suffer, incur or pay arising from your access to or use of the Platform or your breach of any of these Terms. We will notify you of such Demands and update you on their progress. In the event of a Demand, we will consider, but will not be bound by, any representations you wish to make.
22. UniSellers must not without the consent of the UniBuyer assign or subcontract their contractual obligation to provide a Service on the Agreed Terms.
23. UniDosh may freely assign its rights and obligations under these Terms at any time.
24. TERMINATION / TAKEDOWN POLICY
24.1 We may terminate your access to the Platform immediately by giving you written notice, which will usually be in the form of a notice within the UniDosh App or a push notification (if you have agreed to receive them):
24.1.1 If you receive 5 of more Strikes against your UniDosh Account;
24.1.2 if you commit a material or persistent breach of these Terms which you fail to remedy (if remediable) within 24 hours after the service of written notice requiring you to do so;
24.1.3 if you breach any of the Acceptable Use Restrictions (condition 13);
24.1.4 if you breach any of the Licence Restrictions (condition 18);and
24.1.5 if we discontinue the Platform for any reason.
24.2 Where we have the right to terminate your access to the Platform, we may (at our option) choose instead to suspend your UniDosh Account (and disable your access to it) whilst we decide what further action to take.
24.3 Your UniDosh Account will automatically terminate at the end of your course. On termination and if requested, UniDosh will provide UniSellers with a written confirmation of the Services they have provided to Users and an average of their rating.
24.4 You may terminate these Terms by emailing UniDosh to request to have your UniDosh Account deleted, ceasing to use the Platform and deleting the UniDosh App only if you have no outstanding payments due.
24.5 On termination for any reason:
24.5.1 you shall remain liable for all Agreed Terms made with other Users including payment for Services performed;
24.5.2 all rights granted to you under these Terms shall cease;
24.5.3 you must immediately cease all activities authorised by these Terms;
24.5.5 you must immediately delete or remove the UniDosh App from all Devices and destroy any copies of it within your possession or control.
24.6 Termination of your access to the Platform, however arising, shall not affect any of our or your rights, remedies, obligations and liabilities that have accrued as at termination.
24.7 Nothing in this condition 24 shall exclude or limit our right to terminate your access to the Platform under conditions 6, 7.5 or 7.6 or our right to suspend, withdraw, discontinue or change all or any part of the Platform for any reason without notice under condition 20.5.
25. COMMUNICATION BETWEEN US
25.1 If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by prepaid post to UniDosh Limited, 3 Duchess Cresent, Stanmore, Middlesex, United Kingdom, HA7 3GH or by emailing us at email@example.com. We will confirm receipt of this by contacting you in writing, normally by the same method you used to contact us.
25.2 If we have to contact you or give you notice in writing, we will do so by displaying notices within the Platform itself or by sending you a message to your UniDosh Account. We may also send you a push notification, if you have agreed to receive them. Please be aware that we will generally not contact you by any other method and therefore if you stop using the UniDosh App, or you uninstall it, we may be unable to contact you.
25.3 We will always endeavour to resolve any complaint you may have. However, if we are unable to resolve any dispute which may arise between us, either party is entitled to seek further recourse through the ODR Platform Operated by the European Commission, the ODR Platform is an online platform providing businesses and customers in the European Union with a forum for resolving online sales disputes without the need to go to court. The dispute resolution services available are provided free of charge, although neither you nor we are under any obligation to participate.
26. YOUR PERSONAL SAFETY
The safety of our Users is very important to us. You are reminded to take all appropriate safety precautions when meeting other Users, for example always letting someone know where you are going and who you are meeting.
27. OTHER IMPORTANT TERMS
27.1 In the event of a conflict between any terms of these Terms and the Appstore Rules (which you acknowledge that you have had an opportunity to read), the Appstore Rules shall take precedence.
27.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
27.3 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
27.4 Please note that these Terms are governed by English law. Without prejudice to your legal rights as a consumer, you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
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