Terms and Conditions
Congratulations! If you are reading this page is because you have joined or are joining a marketplace created to reinvent the way people book services. We are confident that you will benefit a lot for being part of this community. This document describes the terms agreed between service providers (Providers), customers (Customers) and My Service Menu.
We are My Service Menu (“MYSM”, we, us, our) a company incorporated in the UK under the registration number 11024256. Our mission is to help Customers getting services done in the easiest way possible, while the best Providers get fairly rewarded for their talents. MYSM offers a secure environment for both Customers and Providers, and protects both sides from pre-booking to post-delivery.
MYSM operates an online platform (Platform or Website) that matches Providers (individuals or businesses) to Customers (individuals or businesses) orders. We want to ensure fair treatment to all Users, so the purpose of these T&C is to set rules that are as clear and balanced as possible. By using our Platform, you declare that you accept these T&C as well as other Policies and linked information.
This document(T&C) describes the agreement between the parties involved in any transaction carried out though our website (Platform) and ensures a transparent arm’s length relationship. These T&C and the use of our services (Services) are governed by English law. You agree that any dispute between you and us regarding these T&C will only be dealt with by the English courts.
The Services provided, and any activity carried out through our Platform and associated social media pages are also governed by these T&C. All individuals or companies that perform any activity through our Platform are considered users (Users). By signing up in our Platform or requesting a service through our Platform you agree with this T&C. Last update: October 2018.
Our role as a Platform
MYSM invests to provide a great platform, where Providers and Customers can enter into a direct contract with each other in relation to the service to be provided/hired. MYSM is not a party to that contract so we are not responsible if Customer or the Provider do not fulfil the declared service as agreed, or if the service is provided badly or incorrectly.
We aim to provide transparent information so that Customers can take an informed decision when hiring a Provider, and we also intermediate the transaction to reduce risks. However, we are conscious that in any human relationship unexpected behaviour can happen, so we cannot take full responsibility for third parties.
As a central platform, we hold records of the agreement between the parties for use as evidence to support any eventual dispute. To enable the evidence documentation, the parties agree to keep a record of all agreements through the Platform communication tools, therefore changes of price or other conditions directly or out of the Platform are not allowed under these T&C. For more details about how MYSM can support disputes, refer to the Cancellation Policy.Our Users consent that we may run online and physical marketing campaigns on their behalf to attract Providers / Customers to the Platform.
MYSM is not party in the actual provision of the services between Customers and Providers or any related contract apart from these T&C. When specific terms and conditions are defined by Providers, it is their responsibility to disclose those. In case of dispute you release MYSM from any and all claims, liabilities and losses of every kind and nature, known and unknown in any way connected with such disputes. MYSM is not responsible for any liability that may arise between Users.
Access to our website
You will not use the Platform if you:
- Are not able to form legally binding contracts.
- Are under the age of 18;
- Are an individual/company barred from receiving and delivering services under the laws of UK or other applicable jurisdiction;
- Are deferred from using the Platform; or
- Do not have a valid email address.
To engage in any transaction generated through the Platform or access listing information, Users need to register/create account. The counterparty associated with the account will be held responsible for all actions taken by the account, without limitation. We may refuse to register any counterparty as a User or disable account if counterparty has failed to comply with any of the provisions of these terms. You cannot transfer or reassign any rights or obligations you have under this agreement without prior written consent.
The MYSM Platform can provide profiles, interactive timeline, email, messaging, postings and other communication functionalities for Users. You can only use the website and its functionalities to post information that is appropriate to the specified section. Only the communication means provided by the MYSM website can be used for communication between Providers and Customers connected through the website. While using the Platform, you will not attempt to/will do any of the following:
- 1. Post content or communication in inappropriate areas.
- 2. Infringe any laws, third party rights or our policies.
- 3. Fail to deliver payment for services delivered to you.
- 4. Fail to deliver Services hired from you.
- 5. Circumvent or manipulate MYSM processes, billing process, fee conditions or payments due.
- 6. Post content that is false, misleading, offensive, inaccurate deceptive, defamatory or offensive.
- 7. Transfer your MYSM account (including feedback) and Username to another party without our consent.
- 8. Spam or send unsolicited/ bulk messages, surveys, chain letters, or pyramid schemes.
- 9. Spam or send unsolicited/ bulk messages, surveys, chain letters, or pyramid schemes.
- 10. Distribute viruses or any other technologies that may harm the Platform, or the interests or property of MYSM users (including their Intellectual Property Rights and privacy rights).
- 11. Download or aggregate listings from our Platform for display with listings from other websites without our expressed written permission, including any attempt to "frame", "mirror" or otherwise incorporate any part of the Platform into any other website without our prior written authorisation.
- 12. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Platform.
- 13. Copy, modify or distribute rights or content from the Platform or MYSM's copyrights and trademarks, including text and images.
- 14. Harvest or otherwise collect information about Users, including email addresses, without their consent.
- 15. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
- 16. Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
- 17. Use the Platform for any purpose, including, but not limited to posting or providing a service, which is illegal or otherwise unlawful.
- 18. Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
- 19. Upload files that contain viruses, Trojan horses, corrupted files or any other similar software that may damage the operation of another’s computer.
- 20. Advertise or offer to sell any goods or services for any commercial purpose through the Platform which are not relevant to the services offered through the Platform.
- 21. Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- 22. Impersonate another person or allow any other person or a User or entity to use your identification to post or view comments.
- 23. Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Platform.
- 24. Imply or state that any statements you make are endorsed by MYSM, without the prior written consent of MYSM.
- 25. Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape, index or take any action in the Platform in any manner.
- 26. Hack or interfere with the Service, its servers or any connected networks.
- 27. Adapt, alter, license, sublicense or translate the Platform for your own personal or commercial use.
- 28. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by MYSM.
- 29. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- 30. Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
- 31. Use the Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Platform as set forth herein.
- 32. Register under different usernames or identities, after your account has been suspended or terminated.
- 33. Hold multiple, fake or misleading accounts.
- 34. Do anything that may undermine the integrity of the MYSM feedback system.
The Platformallows User-Generated Content. Such content represents opinions and information created by of Users and not the opinion of MYSM. The abovementioned have not been verified or approved by MYSM and each user should undertake their own research to be satisfied that a specific Service provider is the right party. You agree that MYSM is not liable for any user-generated content.
You hereby grant MYSM a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in your Information, in any media now known or not currently known in order to perform and improve upon the Platform. Each user who provides us any videos, recordings, photographs, voice, or all related sound effects, in exchange for the right to use the Platform, hereby irrevocably grants to the MYSM the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:
- 1. Use any materials provided by Users to the MYSM, and use, reproduce, modify or creative derivative works from such materials and use at MYSM website.
- 2. Reproduce in all media any recordings provided by Users made in connection with the Platform.
All intellectual property rights related to the content on the Platform (including any text, service description, graphics, software, photographs, website images, videos, sound, trademarks and logos) are owned by MYSM or by respective Service providers. We give you a non-exclusive right to use/access the Platform and its content purely for your own use, on the condition that you will not: copy or make any part of the Platform or Platform content available for access/use by any other person, except as precisely permitted by these terms or otherwise authorised by MYSM. Except to the extent set out in these terms, you are not being given rights in respect of any intellectual property rights owned by MYSM or Service providers and you acknowledge that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by downloading any content from the Platform. You may not copy or use any of marks, logos or trade names from our Platform without the express prior written consent of the owner and MYSM.
Links to Other Platforms
You must not advertise an external website, product or service on the MYSM Platform, without MYSM consent.
We may display offers or promotions on the Platform. You accept and agree that we are not responsible for any loss or damage of any kind that is a result of the availability of such offers or promotions or any subsequent dealings with Service providers.
Links (hyperlinks) from the MYSM website to other third-party websites do not establish an endorsement or association by MYSM with those websites, their content or operators. MYSM is not responsible for any content contained on such websites, as well as any harm created by clicking links posted by other Users. It is your responsibility to independently evaluate the content and usefulness of the information obtained or to be accessed from other websites. The use of any website third party website is governed by the website terms and policies, and not by MYSM’s T&C and policies. MYSM explicitly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with third-party links that may appear on the MYSM Platform.
When signing up for the Platform, you may link your account with other online accounts you have with third-parties, including social media websites. You consent that by opting to connect to our Platform through a third-party account login, you authorise MYSM to access specific content from your third-party account, without breach by you of any of the terms and conditions that govern your use of the third-party account. MYSM is not obliged to pay any fees and is not a subject to any usage limitations imposed by such third-party service providers. By granting MYSM access to any third-party accounts, you understand that MYSM may access and eventually store content that you have provided to and stored in your third-party account. 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.
The use of the Platform is free charge for Customers. Providers pay a commission based on the benefit of getting jobs from the Platform. By using our Platform, Users agree to the Payment Policy and commit to never try to circumvent the agreement in any circumstance. Violations of this agreement may impose risk to our ability to run our operations, therefore result in immediate discontinuation of access and appropriate legal action.
Customers perform payment to MYSM to complete the booking. The payment is held as booking deposit until the service is delivered, then released to the Provider net of any applicable fees once the Customer confirms that the service is appropriately delivered. Customersare responsible for confirming the delivery in the same day of delivery, or according to any other agreed timeframe. In the absence of confirmation from the Customer, the payment will be released to the Provider the next day.
If Customer and Provider prefer to sign a direct contract without intermediation from MYSM, an introduction fee is applicable. The introduction fee amount will be informed by MYSM upon request, and will be calculated as a multiple of the Provider’s gross payment.
According to regulation payments must be processed by a Payment Service Provider (PSP). Therefore, usersare required to provide their payment details to MYSM and the PSPtohave their payments processed. Payments arranged through our Platform are processed by MangoPay, which in our review provides a great service. Usersmust also accept the terms and conditions of service of the PSP.
Providers are self-employed individuals or companies; therefore, they are responsible for their applicable taxes. Therefore, Providers acknowledge their responsibility for compliance to anyregulatory obligation applicable.
Termination and Suspension
MYSM can terminate or suspend your right to use the Platform at any time if you have failed to comply with any provision of this T&C, or if any details you have provided to us turn out to be false, or if we believe it is necessary to do so in order to protect other Users and/or for the security of the Service, by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.
If MYSM terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, MYSM reserves the right to take appropriate legal action. You may terminate your account at any time by ceasing all use of the Service.
All parts of these T&C, which by their very nature should survive the expiration or termination of this Agreement, shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
Changes to this T&C and the Platform
MYSM may change this Agreement or any of its policies from time to time. We will do so always keeping our Users’ interests in mind! Your continued use of the Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
MYSM may change, modify, suspend or discontinue any aspect of the Platform at any time without notice or liability. MYSM may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.
If you have any questions about these Terms and Conditions or about the website, please contact us by email at [email protected]