1 Terms and Conditions

1.1 Definitions used in these Terms

”Booking Details” means the details of the Professional Services and Professional Services Fees which have been booked and paid for by the Customer. A copy of this is sent to both the Customer and Contractor via email, text or other appropriate communication.

“Customer” means any person who has registered with to become a Member to be able to book and pay for any Professional Services with Contractor via the CVmatograph Site.

“CVmatograph Ltd” s a trading name a private limited company registered in Scotland, with the company number SC689708 and registered at 87 Pennywell Gardens, Edinburgh, EH4 4TF

Contractor” means an individual, professional who has registered with CVmatograph to be able to create an Conctractor Profile and offer his/her Professional Services on the Site.

“Contractor Profile” or “Professional Profile” or “Profile” means a true, accurate, complete and up-to-date description of the Contractor Member and details of their qualifications, training, experience, licenses, certificates, permits and registrations (as applicable) and the Professional Services offered in terms of treatments, therapies, styling and other services, as well as calendar appointment availability and pricing, all of which must be accessible on the Site.

“Member” means any Customer or Contractor who has completed CVmatograph’s account registration process either to become an “Contractor Member” or “Customer Member” under these Terms. “Members” means both Customer and Contractor Members unless otherwise stated.

“Professional Services” means the treatments, therapies, styling and other services, which may be added or changed from time to time, to be provided and delivered by Contractor Members, which must be legal, safe and comply with these Terms.

“Professional Services Fees” means the amounts set by the Contractor which are due and payable by a Customer in exchange for the Contractor’s Professional Services. The Contractor alone, and not CVmatograph, is responsible for setting its own Contractor Fees.

“Service Fee” means the fee that CVmatograph charges an Contractor for the use of the Site and Services, which is calculated as a percentage of the applicable Professional Services Fees, and/or as a subscription fee.

“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes or other withholding taxes imposed by the relevant fiscal authority on activities and transactions via the Site.

“we”, “us”, or “our” means CVmatograph Ltd.

“user” means Members and any visitor to the Site whether or not registered as a Member.

“you” and “your” means you as an Contractor or Customer or (where applicable) a
user.

“Content” means text, graphics, images, music, software, audio, video, information, links, metatags, code and any other material of whatever nature which appears on or embedded in the Site which is owned by CVmatograph

“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Contractor Profile or Member profile to be made available/accessible through the Site for booking by Customer Members.

 

1.2 These Terms and Conditions are applied to the website Cvmatograph. By using this website users/members are agreed to these Terms and Conditions. Also, during the registration process, user/member should distinctly give consent to these Conditions. Agreeing to the Conditions are being done by actuating the entry field and clicking “Sign up”. Also, in such case the user accepts these Terms and Conditions to be a binding part of the Membership Agreement. In each page of Cvmatograph can be viewed the version of the Terms and Conditions via link at the bottom.

1.2 This Terms and Conditions are binding between Members/Users and us.

These Terms and Conditions do not give rise to any legal contracts, pretentions or other profits or defence between users/members or in approval of third parties or with a protective effect for third parties. Provision of these Terms and Conditions shall not be enforceable under The Act 1999 - Contracts Rights of Third Parties.  

1.3 Fees for using Cvmatograph may be charged where stated so.

1.4 Acceptance of the Terms and Conditions

The following Terms and Conditions, together with the Privacy PolicyGDPR and all other policies referenced herein or other documents to which they refer to constitute the binding legal agreement (this “Agreement”) between CVmatograph and you (“you” or the “User”, “Member” ) governing all use of the CVmatograph online beauty market place (the “Platform”).

 

2. General Regulations of Cvmatograph


  2.1 Any Cvmatograph Member/user must adhere regulations in these Terms and Conditions and law in force. It concerns a content posted by Members/users of Cvmatograph.

2.1 CVmatograph provides the Platform as a online beauty market place          intended for any individual or entity, being a Member/User that uses any aspect of the Platform (“User”, “Member”) as either: (i) an entity that is accessing a Platform to post a service offer or utilizing the services offered by CVmatograph.

2.3 CVmatograph is the sole interpreter of the Platforms’ intended and acceptable use that enables you to utilize the Platform. If you are downloading, accessing or using the Service on behalf of an entity, you represent and warrant that you are authorized to accept this Agreement on such entity’s behalf, and that such entity agrees to take responsibility for use of the Platform and Service in compliance with this Agreement and indemnify CVmatograph for your violation of this Agreement.

2.4 Cvmatograph must not be used for illegal activities. It is not allowed to breach of law and put into practise cash in hand or other method of reward with the aim of not paying relevant taxes or prescribed by law payments. It also concerns talks or other steps in preparation for illegal activities.

  2.5.
Due to responsibility may arise, users should check for restrictions and make sure that they act according to them, including where bringing such restriction to the attention of the other party required.

  2.6 Any information transferring to personally contact is be forbidden, if the features supported by Cvmatograph for this goal are used for contacting. Generally, it is be prohibited to disclose contact information in the profile of users and in any comments, or in other information placed by user/member, inserting pictures or other files that keep such contact features.

 3. Aims, Transfer and Lapse of the Membership Agreement.

  3.1
Membership Agreement consists of permission to access to Cvmatograph on principle of these terms and Conditions, sorting out the schedule of fees and confer relevant additional conditions. Any services of mediator or broker are not entered in the Membership Agreement.

  3.2 User/Member can view public pages of the Cvmatograph website.


  3.3 The platform is supported by us in the form and with the functions and there is no guarantee that there won’t be any interruptions, or it will be error-free.

3.4 We don’t act as a broker or mediator.

  3.5 We are not related to services advertised on the Cvmatograph whether as a contracting party or in any other way.

  3.6 Cvmatograph system notification are generated by connection with an inquire or a quote. Procedure are backed up solely for the data of the member.

3.7 Cvmatograph is not involved in service offers and jobs posted and advertised at Cvmatograph website.

3.8 Notifications from Cvmatograph are provided for the information purpose.

4. Terms of carrying out Professional Services

4.1 When an agreement for carrying out a service is concluded using Cvmatograph website, entering parties will be only members of this contract - Customer and Contractor.

4.2 For agreements for payment, warranty claims, timescales, and other job relating aspects, the member need to contact the other member of service/job's contract.

4.3 All services/jobs are carried out only between the Customer and the Contractor.

4.4 CVmatograph does not carry out any checks and therefore makes no representations, warranties or undertakings about any member or the member’s claimed identity, background, registration details, profile or professional services or that a member is trustworthy, safe or suitable.

Any references in the website to a Member/User only indicates that the Member/User has completed the relevant account registration process and does not represent anything else. CVmatograph does not endorse, recommend or promote otherwise any Member or any Professional Services.


4.5 Cvmatograph, as well as Member can cease the Agreement of Membership at any time. Enquiries and Quotations after ceasing membership will be deleted after receiving a notice of termination. There is not any liability on Cvmatograph rising by this.

4.6 All beauty professionals that provide professional services where professional practice requires to have an appropriate professional license, must have this license, and are not allowed to offer services on the CVmatoghaph platform without this license.

All beauty professionals that provide professional services where professional practice requires to have an appropriate insurance, must have this insurance, and are not allowed to offer services on the CVmatoghaph platform without this insurance.

 5 Registration /Data access's secrecy / Certificates’ presentation 

5.1
Legal entities only and aged 18 or over natural persons that have full legal capacity can register.


5.2 Information posted on Cvmatograph website, information given for the registration of member's profile must be full and truthful. When changes happen, this data must be up-to-dated.

5.3 Chosen for the membership name must not break any valid rights, not be offensive for third parties. Membership name must not include the term “Cvmatograph” or other similar term, not include an e-mail or other Internet addresses and contact information.

5.4 Natural person or legal entity is not allowed to register more than one member's account.

5.5 Membership Agreement can't be assign by the member. Account of the member can't be transferred.

5.6 Those users/members who are going to use Cvmatograph for commercial purposes may upload a copy of their professional licence in their cabinet at Cvmatograph website. It is also concerning information inputted by a member on the Cvmatograph website about special qualifications, permissions, documentation.

5.7 Cvmatograph website does not warrant that data posted by users/members are correct. Checking information about data's relevancy, such as information about identity, qualifications, solvency, references, address is the responsibility of each user/member. In a case of necessity Cvmatograph may track any information available to us on incorrect data. Cvmatograph may ask users/member to correct such data or will block or delete incorrect data.

5.8 Users/members must provide as accurate and fully description as he can in order to create a reliable information

5.9 Information/enquiries which infringe the law are prohibited, 
Information/enquiries which infringe the rights of third parties are prohibited, 
Information/enquiries which infringe the provisions of the Membership Agreement are prohibited
Information/enquiries which infringe the provisions of common decency are prohibited.
Prohibitions applies in particular to:
 


Cvmatograph has right to delete such information/enquiries.

  1. Account

 

  1. You will need to register with CVmatograph and set up an account to access the Platform as either a Contractor or Customer and to use the Service and select your own sign-in ID and password to gain access to accounts. All accounts must have a valid associated mailbox for receiving electronic text mail.
  2. We also may refuse to grant you a username that impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive. We may also release user information in the event we believe that you are in violation of this Agreement, or that you have used the Service to commit unlawful acts, or if the information is subpoenaed or otherwise requested by the authorities and/or if we deem it necessary and/or appropriate.
  3. If you register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address or social network profile) and (b) be responsible for the confidentiality and use of your username and password and not transfer or resell your use of or access to the Service to any third party. CVmatograph is not responsible and disclaims all liability if your email is used improperly and falsely by a third party.
  4. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions.
  5. You cannot transfer your CVmatograph account another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your CVmatograph account.
  6. You must use your CVmatograph account to keep it active and unless you use the Account at least once a year we retain the right to close your account and terminate your access to the Platform and Services.
  7. Subject to limitations of the terms of your subscriptions, you can cancel specific Services or close your CVmatograph account at any time and for any reason. To close your CVmatograph account, please contact CVmatograph support team
  8. If your Services are cancelled or your CVmatograph account is closed (whether by you or us) your right to use the Services stops immediately and your right ends, and we will delete your Content associated with your CVmatograph account.

7 Cvmatograph disclaimers for Members Registration Details, Profiles and Member Content

7.1The profiles of Users contained in CVmatograph’s search results are created by people over whom CVmatograph exercises no control. We cannot guarantee that Users/Members are who they claim to be. We do not confirm the accuracy or completeness, or any Service Listing or other information submitted by any User/Member, including the identity of such User. CVmatograph assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Service Listing or other data and/or information available on the Platform.

  1. CVmatograph does not verify, endorse or otherwise vouch for any Contractor or Customer. CVmatograph makes no representation concerning Contractor’s qualifications nor does it sanction potential contractor or customer. In the event of a dispute between you and any contractor or customer, you shall indemnify and hold harmless CVmatograph arising out of or in any way connected with such disputes (including the recovery of legal costs on a solicitor own client basis).

 

  1. If you are a Contractor, you acknowledge and agree that:

any video, information, date, images, photo, materials, or application information (“Profile”) that you post, display, submit or otherwise make available through the Platform is subject to this Agreement. Without limiting the foregoing, however, please note that by making any Profile through the Platform, you are requesting and authorizing CVmatograph to make available your Profile.

  1. You acknowledge that we and Customers, Users, Members  on the Platform rely on the accuracy and completeness of all information provided during the registration process and completing your Profile and updated on the Platform, and you warrant and represent that all information provided to us and on your Profile is accurate, complete and not misleading and remains so;
  2. each Contractor is responsible for any offer listed on the Platform (“Service Posting”) and CVmatograph does not guarantee the validity of any Posting and Contractors should verify is the Posting cease to have validity.
  3. CVmatograph does not have any obligation to screen any Posting, or to include any Posting in its search results or other listings, and may exclude or remove any Posting from the Platform for any or no reason;
  4. CVmatograph assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Posting or information included in CVmatograph’s search results.
  5. If you are a Contractor, you acknowledge and agree that:
  1. when you respond to or contact a customer, you are sharing that information with CVmatograph;
  2. we and customers/users/members on the Platform rely on the accuracy and completeness of all information provided during the registration process and completing each Posting and updated on the Platform, and you warrant and represent that all information provided to us and on your Posting is accurate, complete and not misleading and remains so;
  3. we have no control for the content of the Profiles and CVmatograph does not have any obligation to screen any Profiles, or to include any Profiles in its search results or other listings, and may exclude or remove any Profile from the Platform for any or no reason; and CVmatograph assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Contractor that is included in CVmatograph’s search results
  4. Your use of the Platform may be suspended or cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Platform should you receive a notice suspending or cancelling right to use the Platform.
  5. CVmatograph reserves the right to suspend or terminate your access and use at any time if CVmatograph determines that you are in breach of this Agreement. Any termination shall take effect without prejudice to any damages that we might claim from you and your legal representatives, in compensation of the loss suffered as a result of any breach or otherwise provided under this Agreement.

 

  1. Booking and Payment Terms for the processing customer’s payments for bookings

 

8.1 If you are a Contractor

a) Each Contractor agrees and undertakes with CVmatograph that it is not CVmatograph, but only the Contractor who is solely responsible for honouring any confirmed bookings and making available the Professional Services which are arranged, booked and paid for by the Customer through the Site.

b) Where payments for bookings are made for your Professional Services via the Site, we will share with you the Booking details which will include:

(i) the first and last name of the Client who has made the booking,

(ii) Details of the Professional Services booked and paid for by the Customer,

(iii) the location, date and time at which the Professional Services are due to take place,

(iv) the Customers’ contact details.

c) As Contractor appoints CVmatograph as the Contractor’s limited payment collection agent, CVmatograph will pay the fees due to you in accordance with section 6.4 to 6.8 below.

8.2 If you are booking as a Customer

a) As a Customer, it is only you who selects which Contractor and which Professional Service you wish to book and therefore choose to enter into a booking and payment transaction with that Contractor. By doing so, it is only you who must understand and agree that you will be entering into an independent booking agreement/arrangement with that Contractor and accept any additional terms, conditions, rules and restrictions associated with such Contractors with respect to their Professional Services.

b) Payment of your Customer booking. You will be asked to provide the customary billing information such as name, billing address and credit/debit card information either to CVmatograph or our third-party payment processor(s). You agree to pay CVmatograph for any confirmed bookings made in connection with your CVmatograph Account in accordance with these Terms by one of the methods described on the Site, e.g. credit/debit card other payment provider.

You hereby authorise CVmatograph to collect such amounts from your registered card or payment provider.

If you are directed to CVmatograph’s third-party payment processor(s), you may be subject to additional terms and conditions governing use of that third party’s service and that third party’s privacy policy for their personal information collection practices. Please review such terms and conditions and privacy policy before using their services. Once paid, your confirmed booking transaction is complete, and you will receive a confirmation email, text or other appropriate communication summarising your confirmed booking (Booking Details). Please note that CVmatograph is in no way responsible for the fees relating to any Professional Services nor can CVmatograph control any fees that may be charged to a Client by his or her bank or credit/debit card company for the collection of Professional Services Fees thus CVMATOGRAPH DISCLAIMS ALL LIABILITY FOR SUCH FEES.

8.3 CVmatograph’s Disclaimer for Bookings

Both the Customer and Contractor acknowledge and agree that only they, and not CVmatograph, will be responsible for performing the obligations of any such booking agreements/arrangements; that CVmatograph is not a party to such agreement/arrangements , and that, with the exception of its payment obligations hereunder, CVMATOGRAPH DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO ANY SUCH AGREEMENTS/ARRANGEMENTS BETWEEN CLIENT AND CONTRACTOR.

8.4 Fee collection and Payment to Contractor

Contractor appoints CVmatograph as the Contractor’s limited payment collection agent solely for the purpose of accepting the Professional Services Fees from Customers and paying out the appropriate amount to the Contractor once the Professional Service has been successfully carried out.

The Customer’s payment obligation to the Contractor for the Professional Services Fees is extinguished when these fees are received by CVmatograph. The Contractor agrees that payment made by a Client through CVmatograph, shall be considered the same as a payment made directly to the Contractor, and the Contractor will provide the Professional Services to the Customer in the agreed-upon manner as if the Contractor has received the Professional Services Fees.

CVmatograph is responsible for remitting the Professional Services Fees (less the Service Fees and appropriate Taxes), in the manner described in these Terms. If CVmatograph does not remit any such amounts as described in these Terms, such Contractor will have recourse only against CVmatograph and not the Customer for such amount.

CVmatograph’s obligation to pay the Contractor is subject to and conditional upon successful receipt of the associated payments from Clients. CVmatograph does not guarantee payments to Contractor for amounts that have not been successfully received by CVmatograph from Customers.

CVmatograph will collect the Contractor Fees at the time of payment processing (i.e. when the Customer enters their payment card details and clicks the ‘Pay Now’ button on the Site) which will initiate payment of the Professional Services Fees (including the Service Fees and any Taxes, such as VAT). CVmatograph will endeavour to remit the appropriate proportion to the Contractor as soon as practicable after the Professional Services take place (except to the extent that a refund is due to the Customer or other circumstance beyond CVmatograph’s control).

However, the time it takes for the Contractor to receive pay-outs may depend upon the pay-out method chosen by the Contractor. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Contractor, including by deducting their charges from the pay-out amount.

Other than CVmatograph’s payment processing duties specified above, CVmatograph assumes NO LIABILITY FOR ANY ACTS OR OMISSIONS OF THE CONTRACTORS AND CUSTOMERS.


8.5 CVmatograph’s Service Fees

In consideration for the use of CVmatograph’s Site and Services, CVmatograph charges, stated in the packages chosen by Contractors, Contractor Service Fees. Where applicable, Taxes (such as VAT) may also be charged in respect of the Service Fees. CVmatograph deducts the Service Fees from the Professional Services Fees payment before remitting the balance to the Contractor as described in these Terms. Balances will be remitted by CVmatograph Contractor via bank transfer, direct deposit, or other payment, or as agreed between the parties.

8.6 Payment Processing Errors

We will take steps to correct any payment processing errors that we become aware of and investigate those you notify us of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original pay-out or payment by you, so that you end up receiving or paying the correct amount. You agree to us doing this.

8.7 Taxes

You, as a Contractor, understand and agree that you are solely responsible for determining your own applicable Tax reporting and payment requirements. You are solely responsible for remitting to the relevant authority any Taxes included or received by you. CVmatograph cannot and does not offer Tax-related advice to any Members.

8.8 Foreign Currency

Please note that your credit/debit or bank card issuer or payment company will use a currency conversion rate for and may impose a currency conversion fee on your payment or pay-out, if your card or bank account is denominated in a currency that is different from the booking currency or the pay-out currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on the payments or pay-out we remit to you. All of these currency conversion rates and fees are not controlled by or known to CVmatograph. CVmatograph will only pay out amounts net of all these charges.

9 Subscription payment terms

9.1 Unless otherwise stated, the Platform can be used at no charge.

9.2 Contractors may use the Platform at no charge during any trial phase specified by CVmatograph. Use of the Platform upon expiration of the trial phase and/or access to certain premium Services will be subject to a charge if stated so.

  1. If there is a charge associated with your use of the Platform or a portion of the Services, you agree to pay that charge in the specified currency. Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those services when you use a debit or credit card.
  2. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. By providing CVmatograph with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize CVmatograph to charge you for the Services using your payment method; and (iii) authorize CVmatograph to charge you for any paid feature of the Services that you choose to sign up for or use. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services.
  3. If you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to CVmatograph by the method you have chosen at the recurring intervals you have agreed to. By authorizing recurring payments, you are authorizing CVmatograph to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, CVmatograph or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment.
  4. We may suspend or cancel the Services if we do not receive an on-time, full payment from you for all charges. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and the Service, including subscription Services and Content.
  5. All prices are exclusive of VAT (unless specified on the Platform) and subject to change at any time. CVmatograph may collect VAT or other indirect taxes at the applicable rate for the country (as per applicable tax rules) at the time of payment for Services or purchase of CVmatograph Credit or at the time you use the CVmatograph Credit. You agree to pay any duties or taxes with respect to the Services and indemnify us against any claim arising from failure to make such payment.
  6. If ny amount due remains unpaid, we may suspend or terminate your Account, charge damages, additional administration costs and interest (both before and after judgment) on the amount unpaid at the rate being the greater of (i) 8% per annum and (ii) the rate for the time being for a qualifying debt.

 

  1. Cancellation and No Show Policies

 

  1. In addition to your other legal rights, Customers may in certain circumstances have the right to cancel a Contract/Agreement. If you wish to cancel your CVmatograph Booking, you may do so through CVmatograph Website, or by contacting your Contractor directly. You may only cancel a CVmatograph Booking through the CVmatograph Website provided that your appointment is not due to take place within a time frame (e.g. 24 or 48 hours) determined by the Contractor. The interval between when you may cancel your appointment and your scheduled appointment start time will be determined independently by each Contractor and disclosed to you at the time of making your CVmatograph Booking. Certain Contractors may choose to implement a Cancellation Policy, the terms of which will be disclosed to and confirmed by you at the time of making your CVmatograph Booking. If a Contractor has such a Cancellation Policy, then CVmatograph may automatically charge your card an amount determined by the Contractor, which may be up to the full amount (100%) of the value of the CVmatograph Booking. If you cancel an appointment beyond the time indicated in the Contractors’s Cancellation Policy, you will not be entitled to any refund unless mutually agreed between you (Customer) and the Contractor directly.
  2. Certain Contractors may also choose to implement a No Show Policy. If you fail to turn up to a Contractor’s place of business at the time indicated on your CVmatograph Booking, a Contractor may choose to exercise their No Show Policy, wherein CVmatograph may automatically charge your card an amount of up to the full amount (100%) of the value of the CVmatograph Booking.

10.3 PLEASE NOTE THAT NO REFUND WILL BE GIVEN WHERE A CANCELLATION IS ATTEMPTED WITHIN THE TIME PERIOD SPECIFIED IN THE CANCELLATION POLICY OF THE RELEVANT CONTRACTOR.

  1. Refunds

11.1 Except as provided by law, all purchased Services, subscriptions fees are final and non-refundable. If you believe that CVmatograph has charged you in error, you must contact CVmatograph within 30 days of such charge. No refunds will be given for any charges more than 30 days old. CVmatograph reserves the right to refuse a refund request if it reasonably believes or suspects (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same product or feature; (ii) that you are in breach of the terms of this Agreement; (iii) that you are using any of the Service fraudulently. If you breach any clause of this Agreement, all payments are non-refundable, and we may bill you for the remainder of the payments due for the purchased Services.

  1. Customer Complaints when bookings are paid via The CVmatograph

 

12.1 If a customer/user came to a decision that a contractor has not completely fulfilled or delivered his/her advertised services, as detailed in their Professional Profile, and as booked and PAID by you, as a Customer on the CVmatograph website, then you should contact CVmatograph within 24 hours of the Professional Services taking place. CVmatograph will mediate where necessary and will have the final say in all disputes or if necessary, refer the dispute to an appropriate authority.

  1. Reporting Misconduct

13.1If you think a Contractor/Member is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour; (ii) engages in any other disturbing conduct you should immediately report such person to the police or other appropriate authorities. You should then report the same to CVmatograph and give us details of your police report/incidence number. We may then take such action if so required to assist in the incident if required by the police or under the applicable law.

 

  1. Intellectual Property Rights

14.1 All (i) text on every page of the Platform, whether editorial, navigational, or instructional; (ii) logos, buttons, and other graphical elements on the Platforms; (iii) software including both client-side code and server-side code used by CVmatograph to provide Services; iv) colour combinations, button shapes, page layout, design and all other graphical elements of the Platform (“CVmatograph Content”), materials, methodologies, implementation plans or other intellectual property used during the provision of Services (“CVmatograph Materials”), the Platform and all right, title and interest therein are the sole property of CVmatograph or its licensors. CVmatograph Content and CVmatograph Materials are protected by copyrights, patents, trade secrets or other proprietary rights, some of them are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by CVmatograph. We have moral and registered rights in the CVmatograph, and other trademarks and you shall not copy, alter, use or otherwise deal in the marks without our prior written consent.

  1. Except for the limited licenses expressly granted to you in this Agreement, CVmatograph reserves for itself and its licensors all other rights, title and interest. By using our Services, you do not acquire any ownership rights to CVmatograph Content or CVmatograph Materials contained therein. All CVmatograph Content remains our intellectual property, including (without limitation) any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the Job Seeker or any Employer. Without limitation to the foregoing, you may not reproduce, modify, display, sell, or distribute CVmatograph Content or CVmatograph Materials, or use them in any other way for any purpose. CVmatograph reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the materials accessed through the Platform other than your User Content.

 

  1. Right to use by Contractors and Customers. CVmatograph hereby grants you a limited, terminable, revocable, non-exclusive right to access and use the Platforms, subject always to compliance with the terms of this Agreement. You agree that you are solely responsible for the content of any Profile you post to the Platform and any consequences arising from such Profile. Your use of the Platforms is a privilege. CVmatograph reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.

 

15 Content

15.1 The Platform allows Users/Members to post, submit, display, or otherwise make available on the Platform Postings, Profiles or any other information, images, messages, and other materials (“User Content”). Users may occasionally post User Content, including messages or statements that are misleading, deceptive, or downright wrong. CVmatograph does not endorse and is not responsible for any opinion, advice, information, or statement contained in the User Content made or displayed on the Platform by Users. You acknowledge that by accessing the Platform, you may encounter content that you may find inappropriate and you acknowledge that CVmatograph shall have no liability to you for such content.

  1. Users/Members must not post User Content or information that is unlawful, fraudulent, discriminatory, threatening, abusive, libellous, defamatory, obscene or otherwise objectionable or that contains sexual, ethnic or racial or other discriminating slurs, or material which contains no relevant or constructive content, which goes beyond profanity into obscenity or abhorrence, or which is otherwise in violation of the law. Users are also prohibited from posting any User Content that contains proprietary information, trade secrets or confidential information. User Content may not contain any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us) or encourage or cause spamming or flooding. You will have to comply with requirements for User Content specified by us.
  2. You are prohibited from posting any Content containing official identification information (whether your own or of another person) on the Platform, such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Including such identification information in any Profile may lead to identity theft and other adverse consequences, for which CVmatograph holds no responsibility. CVmatograph may remove such information but does not undertake any obligation to do so and undertakes no responsibility and disclaims all liability for posting of such information.
  3. Although CVmatograph has no obligation to do so, CVmatograph may monitor User Content posted on the Platform and reserves the right to delete any User Content or portion thereof which violate the above rules, messages, topics that are unrelated to the specific portion of the Platform on which they are posted, advertisements, recruiting or other commercial messages, and any other User Content that CVmatograph deems in its sole discretion is inappropriate. If you believe a message violates our policies, please contact CVmatograph immediately so that we can consider its editing or removal. CVmatograph does not promise to remove any User Content and interpretation of whether User Content violates any CVmatograph policy always remains within the sole discretion of CVmatograph. CVmatograph reserves the right to disclose all User Content and other relevant information and the circumstances surrounding their transmission to any third party in order to operate the Platform and provide the Services properly; to protect itself, its partners and its visitors; and to comply with legal obligations or governmental requests.

 

  1. Rights to Use Content

16.1 To the maximum extent permitted by law, you grant CVmatograph an unrestricted, non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit User Content for any purpose relating the Platform, Services and its business. Furthermore, you grant CVmatograph, its affiliates, and sublicensees the right to use your name and/or user name in connection with CVmatograph Content. When you apply for a job through CVmatograph you are sending your User Content to CVmatograph and asking CVmatograph to share that User Content with a third party. You represent and warrant that: (i) you own User Content posted by you on or through the Platform or otherwise have the right to grant the license set forth in this section, (ii) the User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) the User Content does not result in a breach of contract between you and a third party. You agree to pay all royalties, fees, damages, and any other monies owed to any person or entity by reason of content you post on or through the Platform. You agree to defend and indemnify CVmatograph and its affiliates from any claims resulting from any content or materials you provide hereunder.

  1. Platform and Service Rules

17.1 Only registered account holder may access Platform and use the Service using the username and password provided for your account. You may not assign or delegate any of your rights or obligations hereunder without CVmatograph prior written consent and any such attempt is void. CVmatograph may assign or delegate its rights and obligations hereunder without notice to you.

  1. You agree not to access (or attempt to access) the Platform and/or Service by any means other than through the interface that is provided by CVmatograph, unless you have been specifically allowed to do so in a separate agreement with CVmatograph. You agree that you will not engage in any activity that interferes with or disrupts the Platform and/or Service (or the servers and networks which are connected to the Platform). Unless you have been specifically permitted to do so in a separate agreement with CVmatograph, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose. You agree that you are solely responsible for (and that CVmatograph has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which CVmatograph may suffer) of any such breach.
  2. You may only use the Platform and any Services for the permitted purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through the Platform and/or Services, otherwise you may be exposed to criminal and/or civil liability. You agree that if we have a third-party claim that User Content you have contributed is unlawful, you will bear the burden of establishing that it is lawful.
  3. Some features of our Services may be subject to additional terms and conditions, which you should read before making use of those features, and they add up to this Agreement.
  4. Subject to restrictions and limitations of your subscription, you may cancel a Service at any time, with or without cause, in which case you (i) you may not receive a refund; (ii) you may be obligated to pay cancellation charges under any subscription pending; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; and/or (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your access to the Services ends at the end of your current subscription period for the Services or, if we bill your account on a periodic basis, at the end of the period in which you cancelled. To cancel a Service and request a refund, if you are entitled to one, visit the CVmatograph account management services.
  5. You may cancel your subscription at any time you are responsible for payment for the remainder of the subscription period when you cancel during the subscription period. We do not provide refunds or credits for any partial-subscription periods, trial periods or unused content, unless we determine, in our sole judgment, that unusual circumstances require a refund.
  6. We reserve the right to refuse to provide, suspend or discontinue the Services or close your Account, in whole or in part, at any time for any reason, including convenience, immediately and without notice. If we terminate your subscription or account for your breach of this Agreement, without limiting our rights and remedies, you acknowledge and agree that you shall not be entitled to any refunds or credits for any partial subscription periods and that we may immediately terminate your access to the Platform.
  7. In order to use the Platform and access Services, you are required to have a computer, compatible mobile phone, digital pad, or handheld device, internet access, data/cellular plan, and the necessary minimum system specifications and operational software. You are responsible for providing all connections, plans, and/or equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services, and we will not reimburse you for such fees.

17.9 The Services may be unavailable from time to time, may be offered on a limited basis, or may vary depending on your region or device. You acknowledge that we are not required to keep the Platform available for your use and we make no warranties as to its availability or that the Platform will operate continuously or error-free. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages. We accept no responsibility for the unavailability of this Platform, or any offer of Services found on the Platform, or any interruption or malfunction for any reason whatsoever (including failures of our Internet provider or web hosting service provider, third-party intrusions or force majeure). CVmatograph is not liable for any disruption or loss you may suffer as a result of not being able to access the Platform or Services. In the event of an outage, you may not be able to retrieve your User Content.

  1. You agree you shall not transmit to CVmatograph or upload as part of the Platform any Harmful Code or use or misappropriate the data on the Platform for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
  2. Without our expressed written permission, you shall not copy any part of the Platform for your own commercial purposes, including: (i) replicate or use the details and profiles of any User; (ii) replicate all or part of the Services or Platform in any way; (iii) use any “deep-link”, “robot”, “spider”, “page-scrape” or other automatic device, programme, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, Profiles or any User Content, nor in any way reproduce or circumvent the navigational structure or presentation of same, nor obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform; or (iv) incorporate all or part of the Platform in any other webpage, website, platform, application or other digital or non-digital format.
  3. In connection with all use of the Platform: (i) you must act responsibly, professionally, for the purposes of your professional activity and in good faith; (ii) you do not engage in any discrimination, racism, defamatory, improper, indecent, offensive or other behaviour that incites hatred, discrimination, racism, fanaticism or physical violence of an individual or group; (iii) you must treat the Platform and its users with respect and will not partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning (as determined by us); and (iv) you shall not represent or advocate illegal or immoral activities;

17.13 Without limiting the foregoing and by way of example only, Users may not:

a) Generate or facilitate unsolicited commercial email (“spam”);

b)  Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content;

c) Intentionally distribute any Harmful Code;

  1. Conduct or forward pyramid schemes and the like;
  2. Transmit content that may be harmful to minors, request or encourage sharing of personal information from minors;
  3. Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
  4. Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
  5. Use the Platform; to violate the legal rights (such as rights of privacy and publicity) of others;
  6. Promote or encourage illegal activity;
  7. Interfere with other CVmatograph users’ enjoyment of the Platform;
  8. Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretences;
  9. Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any CVmatograph account;
  10. Modify, adapt, translate, or reverse engineer any portion of the Platform, CVmatograph Content or CVmatograph Material;
  11. Remove any copyright, trademark or other proprietary rights notices contained in or on the Platform;
  12. Reformat or frame any portion of the web pages that are part of the Platform without CVmatograph explicit permission;
  13. Contact other CVmatograph users about multi-level marketing (MLM) programs, jobs that require payment to start, and any topics CVmatograph considers detrimental to its users;
  14. Create multiple CVmatograph accounts without permission;
  15. Bypass any limitations or suspensions of functionality;
  16. Provide false information in the course of using the Platform and/or Service;
    1. CVmatograph reserves the right to use a variety of methods to detect and address anomalous activity and screen content to track compliance with these terms and prevent abuse (such as spam). These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users.

 

  1. Change In Service and Terms

18.1 CVmatograph may change the terms of this Agreement or modify or discontinue, temporarily or permanently, the Service at any time, for any reason, and without notice by notifying you of such changes by any reasonable means, including by registered email or providing a revised Agreement through the Platform. You agree that CVmatograph shall not be liable to you or any third party for any modification or discontinuance of the Service. By using the Platform and/or any Service you agree that you are informed about the latest version of the applicable Terms of Services.

  1. You are deemed by use of the Platform and Services after changes are made to this Agreement to have accepted and agreed to be bound by such changes.

 

  1. Confidentiality

19.1 Users must maintain in confidence any written information that (“Confidential Information”): (i) contains personal information or, where applicable, details of the business of any of user; (ii) details the business of CVmatograph; (iii) contains personal information of any Contractor; and (iv) is identified by either party as confidential and/or proprietary, other than information that the relevant party can establish: (A) was in the public domain at the time it was disclosed; (B) was already in the possession of a party when given, without having been acquired (directly or indirectly) from the other party; or (C) was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation. These obligations continue in full force and effect after this Agreement ends.

  1. Users must not: (i) use any of the Confidential Information except to the extent necessary to exercise its rights and perform its obligations under this Agreement; or (ii) disclose any of the Confidential Information, provided that each party may disclose Confidential Information that is required to be disclosed: (A) by law or by order of any court or tribunal of competent jurisdiction; (B) by any government agency, stock exchange or other regulatory body; or (C) to its personnel and advisors, where the party informs the recipient of the obligations in relation to the Confidential Information under this Agreement.
  2. If a User is required to make a disclosure of Confidential Information, that User must: (i) to the extent possible, notify the other party if it anticipates that it may be required to disclose any of the Confidential Information; and (ii) only disclose Confidential Information to the extent necessary to comply.

 

  1. Privacy & Data

20.1 You accept our Privacy Policy and agree that you will not do anything that shall compromise compliance with the Privacy Policy nor do anything contrary to the Privacy Policy insofar as your use of the Platform is concerned. We may amend the Privacy Policy on notice and at our absolute discretion, and by continuing to use the Platform you accept such changes.

  1. Each party (as applicable) warrants and represents that it has adopted and implements a privacy policy in compliance with the requirements of all applicable legislation in respect of all personal data provided to the other party in connection with the Services or otherwise under this Agreement. Without limitation, all necessary consent shall be obtained by any Employer from individuals for the purposes of facilitating the performance of the Services.

20.3 In respect of any data stored, processed or controlled by CVmatograph or otherwise on the Platform, the User acknowledges that the sole remedy shall be requiring CVmatograph to use reasonable endeavours to remove such data, or restore lost or damaged data.

  1. Disclaimer of Warranties

22.1 CVmatograph does not guarantee traffic nor links on the Platform, Postings, Profiles or any specific results from the Services. You acknowledge that we are not responsible for the conduct or activities of any Contractor or Customer and that we are not liable for such under any circumstances.

  1. CVmatograph disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in search results or posted on the Platform by CVmatograph or third parties. CVmatograph disclaims any responsibility for the deletion, failure to store, mis delivery, or untimely delivery of any information or material relating to the Service or use of the Platform. CVmatograph disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Platform or accessed through the Platform. Under no circumstances shall CVmatograph be liable to you or any User on account of that User’s use or misuse of or reliance on the CVmatograph Platform.
  2. The platform, services, and all materials, information, user content, products and services included in the platform or any services are provided “as is,” with no warranties whatsoever, either express or implied. CVmatograph and its licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. CVmatograph and its licensors disclaim any warranties regarding the security, reliability, timeliness, and performance of the CVmatograph services and use of the platform and its licensors disclaim any warranties for any information or advice obtained through the platform or any services. CVmatograph and its licensors disclaim any warranties for services or goods received through or advertised on the platform or received through any links provided by CVmatograph.
  3. You understand and agree that you download or otherwise obtain material or data through the use of the platform or any services at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss or corruption of data that results from the download of such material or data.

 

  1. Limitation of Liability

22.1 Under no circumstances shall CVmatograph or its licensors be liable to any user on account of that user’s use or misuse of or reliance on the platform, arising from any claim relating to this agreement or the subject matter hereof. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (including any loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss) whether such claim is based on warranty, contract, tort (including negligence), indemnity, equity, or otherwise, irrespective of whether CVmatograph or its licensors have been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any remedy. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the platform, from reliance or damage caused by information posted on the platform, from inability to use the platform, or from the interruption, suspension, or termination of platform (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the platforms or received through any links provided in the platform. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of the platform or any information or merchandise that appears on, or is linked or related in any way to, the platform. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

  1. Without limiting the foregoing, under no circumstances shall CVmatograph or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
  2. Certain rights and remedies may be available under consumer protection legislation (such as the Sale of Goods Act 1979 or Consumer Protection Act 1987, in the UK or similar legislation in other jurisdictions) and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-performance of Services or payment of the cost of re-supply of Services.

 

  1. Governing Law and Dispute Resolution

23.1 This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction, and performance of this Agreement.

  1. In the event of a dispute, an amicable solution shall be sought before taking any legal action. If an amicable solution cannot be reached, any legal action shall be brought before the court.

 

  1. Miscellaneous

24.1 The parties agree that this Agreement shall be accepted electronically and the agreement to the terms and conditions herein is formed and validly entered electronically.

  1. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by CVmatograph. This Agreement, together with any amendments and any additional agreements you may enter into with CVmatograph in connection with the Platform, shall constitute the entire agreement between you and CVmatograph concerning the Platform.
  2. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, void or unenforceable in any jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.
  3. You and CVmatograph are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
  4. User support for the Services may be available via the website’s support form
  5. You should address all correspondence relating to this Agreement to our support team providing enough details of your enquiry, comment, or concern.
  6. We may send you notices and other correspondence to the email address that you register on the Platform. It is your responsibility to notify us to update your contact details as they change.