This page (together with any pages of our platforms referred to in it) sets out the legal terms and conditions (the ‘Conditions’) under which we, OUT-SOS Limited (the ‘Company’, ‘We’), provide an online platform that connects customers requesting a service (‘Customers’) with service providers seeking to provide such a service (‘Service Providers’). The services in question are listed on our website www.out-sos.com and mobile applications accessible on mobile, tablet and other smart devices and application program interfaces (commonly called the ‘Apps’) (altogether Our ‘Service’ or the ‘Service’). By applying to participate in the Service you indicate that you accept these Conditions and that you agree to abide by them.
We are OUT-SOS Limited, a company registered in England and Wales under company registration number 10192077, with our registered office at Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX.
You can contact us via our website contacts section.
We provide an online platform that connects Customers with Service Providers for the services in question that are listed on our Service. When you enter into a contract for the supply of services with a Customer or a Service Provider advertised on our Service, the contract will be between the Customer and the Service Provider.
We at the Company are not a party to the contractual relationship between the Service Provider and the Customer (whether an oral, written or other contract). It is up to you to ensure that you are satisfied with the suitability of any engagement, to confirm the identity and the status of those involved and to check any credentials and we shall have no input or liability in that respect.
You acknowledge and agree that in making the Service and any adverts or profiles placed by you available via the Service, we are not acting as an agent of any visitors to the Service or as an agent of any Customers and/or Service Providers.
We do not assume any responsibility for services provided by or between Customers and Service Providers or any other third party suppliers or any statements made by them and we make no representations or warranties, whether express or implied, about the suitability or quality of any services or goods which appear on our Service or any statements made about them (including, but not limited to, any profiles or Customers’ reviews of Service Providers). In addition, we take no steps to verify the identity of any Customer or Service Provider, any statement made about them or any relevant qualifications or experience.
We do not endorse any comments, opinions or reviews made by anyone on our Service and we do not review their accuracy or content, but we reserve the right to remove any comments, opinions, reviews or other materials from our Service which we believe do not comply with our acceptable use policy set out in clauses 9 to 11 inclusive.
Without prejudice to the generality of the above:
- where you are a Customer, you will be solely responsible for the engagement of a Service Provider on terms acceptable to you, for verification of their identity, qualifications, credentials and experience and for all necessary direction, supervision and control;
- where you are a Service Provider, you acknowledge that we do not guarantee any recruitment or engagement of you by a Customer and you must satisfy yourself of the suitability of any engagement and any arrangements between you.
We may also provide links on our Service to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from third party sellers through our Service, or from companies to whose websites we have provided a link on our Service, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller.
Nothing in these Conditions shall be deemed to constitute a partnership or ay employment relationship between you and us, nor will anything be deemed to constitute one party the agent of the other for any purpose.
You shall indemnify us against all costs, claims, damages, losses and expenses arising as a result of any claim or action suffered by us in the event:
- that we are held to be acting as your agent in performing our obligations or any Services under these Conditions;
- of any breach by you of these Conditions;
- of any dispute between any Customer and Service Provider.
Access and Membership
You need to register with us as a member (‘Member’) in order to participate in our Service. A Member can be a Service Provider (a person or organisation offering any of the services listed or a Customer (a customer seeking service assistance from a Service Provider). Service Providers can advertise their services via our platform and Customers can search our platform to find a Service Provider.
After completing and submitting an online membership form, you will receive an e-mail from us acknowledging that we have received your registration to become a Member. Please note that this does not mean that your application has been accepted. Your application form constitutes an offer to become a Member subject to these Conditions. All applications are subject to acceptance by us at our sole discretion.
Customers and Service Providers may be subject to an extensive vetting process before they can register and during their use of the Service, including but not limited to a verification of identity and a comprehensive criminal background check, using third party services as appropriate. Users hereby give consent to the Company to conduct background checks as often as required in compliance with applicable laws.
Although the Service may perform background checks of Members, as outlined above, We cannot confirm that each Member is who they claim to be and therefore, We cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information. When interacting with other Members on the Service or in real life you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know, for example, by arranging to meet each other at safe times of the day. We will not be liable for any false or misleading statements made by Users of the Service.
This Service is only intended for use by people resident in the United Kingdom and is not available to persons outside the United Kingdom. By registering as a Member, you warrant that you are based in the United Kingdom and you are at least 18 years old. You agree that you will not create multiple accounts with us. We do not accept applications from service agencies.
On registration, Members may be required to provide their credit card or bank account details to the Service and to the Payment Service Provider retained by the Company (the ‘PSP’).
When you use the Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, in the Your Account area of the Service.
There is an option for you to login or register to join by logging into your account with certain third-party social networking Services (‘SNS’) (including, but not limited to, Facebook; each such account, a ‘Third-Party Account’), via our Service, as described below. As part of the functionality of our Service, you may link your Member Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to us through our Service; or (ii) allowing our Service to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You confirm that you are entitled to disclose your Third-Party Account login information to our Service and/or grant our Service access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating our Service to pay any fees or making our Service subject to any usage limitations imposed by such third-party service providers. By granting our Service access to any Third-Party Accounts, you understand that our Service will access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (‘SNS Content’) so that it is available on and through our Service via your Member Account/profile page. Unless otherwise specified in these Conditions, all SNS Content, if any, will be considered to be Member Content for all purposes of these Conditions. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Member Account on our Service. Please note that if a Third-Party Account or associated service becomes unavailable or our Service’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through our Service. You have the ability to disable the connection between your Member Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of our Service. Please note that your relationship with the third party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such Third-Party service providers. We make no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and our Service is not responsible for any SNS Content.
Your Membership Account and profile page will be created for your use of our Service based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Membership Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Membership and your access to our Service, if you create more than one (1) Membership Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Conditions.
Where you are a Service Provider you warrant that all services provided by you to a Customer will comply with all relevant legislation and regulations affecting those services and that you hold all appropriate licences and registrations.
Use of the Service is generally free of charge, but we may charge a fee for use of specific Service features that offer enhanced functionality or additional user benefits, including, for example, our Featured Posting service. Our Featured Posting service offers you the opportunity to have your Service requests or Service Provider offers listing made more prominent. Featured Postings appear on the Service for three (3) business days.
Where we charge a fee for using a specific Service feature, this will be made clear to you through the Service and you will not be charged unless you specifically request that feature, for example by clicking on the relevant ‘Pay Now’ button.
Our fees are quoted in Pounds Sterling, and we may change them from time to time, either temporarily – for example, in connection with certain promotions or the launch or marketing of new services, or for an extended period or permanently until our next fees review. We will notify you of such changes to our fees by posting such changes through the Service. Such changes will not affect any existing payment obligation to us, but they will be effective for any new or further use of the relevant service from the date on which we post the revised fees on the Service.
You are responsible for paying all applicable fees when they are due. If you fail to pay the relevant fees, without prejudice to any other right or remedy we may be entitled to under this Agreement or by law, we may limit your ability to use the applicable services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
Use of the service
You may not tender for any Service requests which may not legally be performed by you.
A core purpose of the Service is to connect Customers to genuine Service Providers who wish to undertake the Service requests for those Customers. The Service is therefore not for use by Service Providers who do not intend to carry out and ensure successful completion of each Service requests they accept. You therefore agree that you will not in any circumstance:
- use the Service for the purpose of reselling, exchanging or purchasing or otherwise obtaining leads from other Service Providers;
- pose as a Customer and post fake Service requests whether for purposes of identifying potential Service Providers in your area with whom you may wish to work, or in order to receive information from other Service Providers about their businesses and Service requests proposals, or for any other purpose whatsoever.
- You agree that you will not use subcontractors on any Service requests.
It is your responsibility to determine whether you wish to be considered for or undertake any Service requests or deal with any Customer. We do not vet Service requests on behalf of our Members, and we will not be liable to you in respect of any Service requests or relationship with any Customer in any way. We therefore recommend that you carefully assess each Service requests and carry out whatever lawful checks you consider appropriate in relation to any Customer before undertaking any work for them.
The vast majority of the material on the Service originates from our Members, and we rely on Customers to accurately describe their Service requests requirements. We have little or no editorial control over the material and we therefore cannot guarantee the accuracy, timeliness, completeness, performance or fitness for any particular purpose of the material available through the Service. We cannot accept responsibility for errors, omissions, or inaccurate material available through the Service, and make no warranty that the Service will be uninterrupted or error free, or that any defects will be corrected.
Whilst we take steps to prevent misuse of our systems, we cannot warrant that the Service will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-virus software to protect your equipment and data.
Any material you obtain from the Service is used at your own risk, and we will not be liable for any loss or damage arising out of or in connection with access or use of the Service (except to the extent that such liability cannot be excluded by law).
The material displayed on our Service is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
- all conditions, warranties and any other terms which might otherwise be implied by statute, common law or the law of equity.
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our Service or in connection with the use, inability to use, or results of the use of our Service, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Service or to your downloading of any material posted on it, or on any website linked to it.
Uploading material to our Service
Whenever you make use of a feature that allows you to upload material to our Service, or to make contact with other users of our Service, you must comply with the acceptable use policy set out in Our Acceptable Use Policy. You warrant that any such contribution does comply with that policy, and you will be liable to us and indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Service.
Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence.
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case; or
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- contain any direct contact details including email addresses, phone numbers, web addresses, facebook pages or similar unless it is expressly stated that they are allowed.
We have the right to remove any material or posting you make on our Service if, in our opinion, such material does not comply with our acceptable use policy set out in clauses 10 to 12 inclusive or as we believe in our sole discretion is prudent or necessary to minimise or eliminate our potential liability.
You shall be responsible for the accuracy and completeness of your Contributions and for ensuring that that they are current and up to date.
We have no obligation to you, and undertake no responsibility, to review your Contributions (including user-generated content) to determine whether they may result in any liability to any third party.
You shall indemnify us against all damages, losses and expenses arising as a result of any action or claim that any material posted, or linked to, our Service by you constitutes a breach of our acceptable use policy set out in clauses 10 to 12 inclusive.
Prohibited uses of our Service
You may use our Service only for lawful purposes. You may not use our Service:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our acceptable use policy as set out in clauses 10 to 12 inclusive;
- to transmit or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to access without authority, interfere with, damage or disrupt:
- any part of our Service;
- any equipment or network on which our Service is stored;
- any software used in the provision of our Service; or
- any equipment or network or software owned or used by any third party.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our Service will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Service. You should use your own virus protection software.
You must not misuse our Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Service, the server on which our Service is stored or any server, computer or database connected to our Service. You must not attack our Service via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Service will cease immediately.
We may from time to time provide interactive services on our Service, including, without limitation, chat rooms and bulletin boards (Interactive Services). Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Service provided on our Service, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Service, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of these Conditions through your use of our Service. When a breach of these Conditions has occurred, we may take such action as we deem appropriate.
Failure to comply with these Conditions may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your membership and the right to use our Service;
- immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;
- issue of a warning to you;
- 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;
- further legal action against you; or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Conditions. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
Linking to our Service and links from our Service
You may link to our home page, or any other public page on our Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Service in any website that is not owned by you.
Our Service must not be framed on any other Service, nor may you create a link to any part of our Service other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link or make any use of material on our Service other than that set out above, please address your request to us via our website contact page at www.out-sos.com
Where our Service contains links to other Services and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those Services or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Service, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Service. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to OUT-SOS Limited, at our registered office at Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX. We may give notice to you at either the e-mail or postal address you provide to us when you join or complete a Service, or in any of the ways specified in clause 15 above. Notice will be deemed received and properly served immediately when posted on our Service, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of rights and obligations
These Conditions are binding on you and us and on our respective successors and assignees.
You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under these Conditions without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Conditions at any time.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Conditions that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
If we fail at any time to insist upon strict performance of any of your obligations under these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Conditions and any document expressly referred to in them constitute the whole Agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or Agreement between us relating to their subject matter.
We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions or the documents referred to in them.
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
Nothing in this clause limits or excludes any liability for fraud.
We may make changes to these Conditions
We amend these Conditions from time to time. Every time you wish to use our Service, please check these Conditions to ensure you understand the Conditions that apply at that time.
We may make changes to our Service
We may update and change our Service from time to time [to reflect changes to our products, our users' needs and our business priorities.
We may suspend or withdraw our Service
Our Service is made available free of charge. We do not guarantee that our Service, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Service for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Service through your internet connection are aware of these Conditions as set out in the Agreement, and that they comply with them.
Law and jurisdiction
These Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law and will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Our trade mark is registered
OUT-SOS is a UK registered trade mark of OUT-SOS Limited. You are not permitted to use it without our approval, unless it is part of material you are using as permitted under the Conditions above.