TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
1. INTRODUCTION
1.1 This page represents a legal document and is the Terms and Conditions (Agreement) for our Mobile Application; hereinafter referred to as “Mobile App”. By using our Mobile App, you agree to fully comply with and be bound by the following Agreement each time you use our Mobile App. Please review the following terms carefully.
1.2 In various terms of this Agreement we seek to limit our liability to you or in certain circumstances exclude you from use of the Mobile App. We particularly (but not exclusively) draw your attention to the terms highlighted in this clause.
1.3 The clauses referred to in clause 1.2 are as follows:
1.3.1 9 (Harassment);
1.3.2 15 (Licence restrictions);
1.3.3 16 (Acceptable use restrictions);
1.3.4 19 (Content disclaimer);
1.3.5 20 (Errors, Corrections and Changes);
1.3.6 21 (Merchant and Advertisement Disclaimer);
1.3.7 22 (Warranty Disclaimer);
1.3.8 23 (Limitation of Liability);
1.3.9 24 (Member Conduct);
1.3.10 26 (Unlawful Activity);
1.3.11 27 (Links to other websites); and
1.3.12 29 (Termination).
1.4 You acknowledge:
1.4.1 BidME will not get involved with any disputes or issues arising from the connections we provide between you and any third parties;
1.4.2 BidME does not accept any responsibility for the standards or workmanship of the services provided to you by third party merchants;
1.4.3 BidME will not be responsible for any harm to people or property that is a result of side-effect of any connections or work carried out for you by third party merchants;
1.4.4 BidME has a zero tolerance policy on harassment, abuse or use of bad language; and
1.4.5 BidME in its absolute discretion has the right to remove any user or their content from the Mobile App at any time.
1.5 IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET OUT IN THIS AGREEMENT, PLEASE EXIT THIS PAGE AND DO NOT PROCEED FURTHER.
2. DEFINITIONS
2.1 The terms “us”, “we”, and “our” refer to Bid Me App Limited, a company incorporated and registered in England and Wales with company 12297377 whose registered office is at 20 Coombe Road, Brighton, BN2 4AD, United Kingdom (BidMe) the owner of the Mobile App. A “Member” or “User” is someone who has registered with us to use our Mobile App.
2.2 All text, information, graphics, design, and data offered through our Mobile App and Services (as defined below), whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members or Users as “Member Content”.
3. ACCEPTANCE OF AGREEMENT
3.1 This Agreement is between you and BidME.
3.2 BidME license you to use:
3.2.1 the Mobile App and any updates or supplements to it;
3.2.2 the related online documentation (Documentation);
3.2.3 the service you connect to via the Mobile App and the content we provide to you through it (Services).
3.3 Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and BidME and supersedes all other Agreements, representations, warranties, and understandings with respect to our Mobile App, Services, and the subject matter contained herein.
4. PRIVACY NOTICE
4.1 Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://bidmeapp.com/bidme-privacy-policy/ and it is important that you read that information.
4.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
4.3 If you do not accept and agree to being bound by all the terms of this Agreement, including our Privacy Notice, do not use our Mobile App or our Services.
4.4 Your location or address will be displayed on the Mobile App and seen by merchants and service providers who will see your posting. You are referred to our privacy policy at https://bidmeapp.com/bidme-privacy-policy/.
5. SUPPORT
If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at https://bidmeapp.com/using-the-bidme-app/
6. CONTACTING US (INCLUDING WITH COMPLAINTS)
If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@bidmeapp.com or call them on +44 7518 987184.
7. HOW WE WILL COMMUNICATE WITH YOU
If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
8. HOW YOU MAY USE THE MOBILE APP, ELIGIBILITY AND REGISTRATION FOR MEMBERSHIP
8.1 In return for your agreeing to comply with these terms you may:
8.1.1 download or stream the Mobile App onto one smartphone or tablet device and view, use and display the Mobile App and the Services on such devices for your personal purposes only;
8.1.2 use any Documentation to support your permitted use of the Mobile App and the Services; and
8.1.3 receive and use any free supplementary software code or update of the Mobile App incorporating ‘patches’ and corrections of errors as we may provide to you.
8.2 You may not transfer the Mobile App to someone else.
8.3 We are giving you personally the right to use the Mobile App and the Service as set out above. You may not transfer the Mobile App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the Mobile App is installed, you must remove the Mobile App from it.
8.4 To use our Mobile App and Services you must register to become a Member. Your Membership is not transferable or assignable. Our Mobile App and Services are intended solely for Users who are at least 18 years of age or older. Any registration by, use of, or access to our Mobile App by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Mobile App and/or Services you represent and warrant that you are 18 years of age or older and agree to abide by all the terms and conditions of this Agreement. BidME has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration with or without explanation.
9. HARASSMENT
9.1 If you believe that any Member of our Mobile App is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us.
9.2 We have a zero tolerance policy to harassment, bullying and abuse (including the use of inappropriate language) and we reserve the right in our absolute discretion to remove Users or Members from the Mobile App.
10. CHANGES TO THESE TERMS
10.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
10.2 We will give you at least 30 days notice of any change by sending you an email and push-notification with details of the change or notifying you of a change when you next start the App.
10.3 If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you.
11. UPDATE TO THE APP, CHANGES TO THE SERVICES AND MERCHANT OR PAYMENTS
11.1 From time to time we may automatically update the Mobile App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the Mobile App for these reasons.
11.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Mobile App and the Services.
11.3 The Mobile App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
11.4 BidMe reserves the right to disable any features on the Mobile App as a result of non-payment of any fees due to any party (including BidMe), or while any disputes are being resolved.
11.5 If you are a merchant or provider of services we will charge you a monthly 5% commission of your provided estimates on all job connections you are awarded for your continued use of the Mobile App. You are referred to our payment policy at https://bidmeapp.com/payment-policy/
12. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the Mobile App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
13. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
14. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO AND THIRD PARTY DISPUTES
14.1 The Mobile App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
14.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
14.3 We will have no involvement in any dispute that arise between you and any other third party in connection with the use of the Mobile App.
15. LICENCE RESTRICTIONS
15.1 BidME grants you a nonexclusive, nontransferable, revocable license to access and use our Mobile App and Services strictly in accordance with this Agreement. Your use of our Mobile App and Services are solely for internal, personal, commercial purposes unless otherwise provided in this Agreement.
15.2 You agree that you will:
15.2.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the Mobile App or the Services in any form, in whole or in part to any person without prior written consent from us;
15.2.2 not copy the Mobile App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
15.2.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the Mobile App, Documentation or Services nor permit the Mobile App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Mobile App and the Services on devices as permitted in these terms;
15.2.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
(a) is not disclosed or communicated without the BidME’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
(b) is not used to create any software that is substantially similar in its expression to the Mobile App;
(c) is kept secure; and
(d) is used only for the Permitted Objective;
15.2.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
16. ACCEPTABLE USE RESTRICTIONS
16.1 You must:
16.1.1 not use the Mobile App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Mobile App, any Service or any operating system;
16.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the Mobile App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
16.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Mobile App or any Service;
16.1.4 not use the Mobile App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
16.1.5 not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
17. LEGAL COMPLIANCE
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Mobile App, Content, Services, and any software provided therein.
18. OUR INTELLECTUAL PROPERTY
18.1 Our Mobile App may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Mobile App or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of BidME.
18.2 The rights in the Mobile App and the Services are licensed (not sold) to you. You have no intellectual rights in, or to, the Mobile App, the Documentation or the Services other than the right to use them in accordance with these terms.
19. CONTENT DISCLAIMER
Our Content may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Mobile App. Members are responsible for their own content where applicable and may update their Content at any time without notice and at their sole discretion.
20. ERRORS, CORRECTIONS, AND CHANGES
We do not represent or otherwise warrant that our Mobile App will be error-free, free of viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Mobile App will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or Content of our Mobile App or Services at any time.
21. MERCHANT AND ADVERTISEMENT DISCLAIMER
21.1 We may allow access to or advertise certain third-party product or service providers (Merchants) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants.
21.2 You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITE OR ANY OTHER WEBSITE LINKED TO OUR MOBILE APP.
21.3 All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant website. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has the authority to make any representations or commitments on behalf of the other.
22. WARRANTY DISCLAIMER
22.1 BidME is not responsible or liable in any manner for any content posted in our Mobile App or in connection with our Services, whether posted or caused by Members of our Mobile App, or by BidME. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Mobile App or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Mobile App or Services. BidME is not responsible for the online or offline conduct of any User of our Mobile App or Services.
22.2 Our Mobile App or Services may be temporarily unavailable from time to time for maintenance or other reasons. BidME assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Member communications.
22.3 BidME is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet, or any combination thereof, including injury or damage to Members’ or to any other person’s computer, mobile phone, or other hardware or software related to or resulting from using or downloading materials in connection with our Mobile App or Services, including without limitation any software provided through our Mobile App or Services.
22.4 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill , but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
22.5 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
22.6 THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR MOBILE APP ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR MOBILE APP AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
BidME INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR MOBILE APP OR SERVICES. BidME CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR MOBILE APP OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. BidME DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR MOBILE APP, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
22.7 WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR MOBILE APP OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OF OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BidME.
22.8 OUR MOBILE APP AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR MOBILE APP OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
23. LIMITATION OF LIABILITY
23.1 BidME, as well as all our Affiliates, will not be liable for any loss, claim, liability, or damage, taxation, penalty of any kind resulting in any way from:
23.1.1 any errors in or omissions from our Mobile App or Services;
23.1.2 any product liability issues to the extent that we are not involved with the manufacturer of the product(s) or service(s) giving rise to liability;
23.1.3 the unavailability or interruption of our Mobile App or Services;
23.1.4 your use of our Mobile App our Content;
23.1.5 the Content contained on our Mobile App or Services;
23.1.6 any delay or failure in performance of our Mobile App and Services beyond our control; or
23.1.7 any dispute between you and any Merchant advertising on the Mobile App.
23.2 IN NO EVENT WILL BIDME OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR MOBILE APP, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR MOBILE APP OR SERVICES, EVEN IF BidME IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BidME’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR OUR MOBILE APP AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
24. MEMBER CONDUCT
24.1 Members may post their content to our Mobile App through our Services (Member Content). Members understand that by using our Mobile App or Service they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. BidME is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, BidME will submit all necessary information to relevant authorities.
24.2 If any Member Content is reported to BidME as being offensive or inappropriate, we will ask the Member to retract or otherwise modify the questionable content immediately. If the Member fails to meet such request, BidME may in its full discretion restrict the Member’s ability to post Member Content or immediately terminate the Member’s membership without further notice to the Member.
24.3 Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable law in England and Wales for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
24.4 You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
24.5 As a Member you agree not to use our Services to do any of the following:
24.5.1 Upload, post, or otherwise transmit any Member Content that:
(a) Violates any local, state, federal, or international laws
(b) Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
(c) Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
(d) Links directly or indirectly to any materials to which you do not have a right to link
(e) Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
(f) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or extract information from our Mobile App or Services
(g) Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, include URLS or QR codes, links to anything away from the app?
(h) In the sole judgment of BidME is objectionable or restricts or inhibits any other person from using or enjoying our Mobile App or Services, or which may expose BidME, our affiliates, or our Users to any harm or liability of any type
24.5.2 Use our Content to:
(a) Develop a competing Mobile App;
(b) Create compilations or derivative works as defined under copyright laws of England and Wales; or
(c) Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
24.5.3 Decompile, disassemble, or reverse engineer our Mobile App, Services, and any related software
24.5.4 Use our Mobile App or Services in any manner that violates this Agreement or any local, state, federal, or international laws.
25. OWNERSHIP, COPYRIGHTS AND LICENSES
You will retain the copyrights to content you post or upload to our Mobile App. However, you agree to grant BidME a nonexclusive, irrevocable, royalty-free, worldwide license to use, edit, publicly display, advertise, reproduce and distribute such content for any purpose, including producing derivative works, or incorporating into other works. BidME will hold this license indefinitely. You also agree that you do not have any claim to any intellectual property or derivative work based on your content produced by BidME.
26. UNLAWFUL ACTIVITY
We reserve the right to investigate complaints or reported violations of this Agreement and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
27. LINKS TO OTHER WEBSITES
Our Mobile App may from time to time contain links to third-party websites or documentation uploaded by third parties or communications between third parties (Third Party Content). The inclusion of Third Party Content on our Mobile App does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such Third Party Content. BidME has no control over the legal documents and privacy practices of Third Party Content; you access any Third Party Content at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
28. REFUND AND RETURN POLICY
We have no refund policy at this time and we are not responsible for any refunds between user parties or the company and user parties.
29. TERMINATION OF MEMBERSHIP
Your membership with us is effective until terminated by you or us. Your rights under this Agreement will terminate without our notice if you fail to comply with any term of these Terms and Conditions. On termination, you will stop representing yourself as a registered Member. You must uninstall our Mobile App, delete or destroy any information or content (including all copies) obtained from our Mobile App. Certain provisions of this Agreement, including but not limited to copyrights, indemnity, trademarks, limitation of liability, warranty and jurisdictional issues will survive the termination of this Agreement.
30. INDEMNIFICATION
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, affiliates, assigns, third party suppliers of information, software, services, and documents, free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Mobile App or Services.
31. SEVERABILITY AND SURVIVAL
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
32. ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
33. LANGUAGE
If this agreement is translated into any language other than English, the English language version shall prevail.
34. CHOICE OF LAW
This Agreement will be governed by and construed in accordance with the laws of England and Wales.