BEFORE USING EMERGENCY-SERVICES24H.COM
1. Welcome to emergency-services24h.com ("Emergency Services 24H”.)
1.2 This Agreement constitutes a legal agreement between you (“you” or “User”) and Nexty LTD a company incorporated in England and Wales with registered number 10604508 whose registered office is at Suite 4.01 Ormond Building, 31-36 Ormond Quay Upper, Arran Quay, Dublin 7, D07 F6DC, Ireland (“Nexty” or “us”). This Agreement governs your use of our services and platform "Emergency Services 24H”.
1.3 By accessing, using or registering with Emergency Services 24H” or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement, as we may publish from time to time. If you do not agree to accept and be bound by this Agreement, you must immediately stop using Emergency Services 24H”.
1.4 To the extent permitted and except where prohibited by applicable law, this Agreement include:
(i) Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 60 days prior to the initiation of any claim.
(ii) Your agreement that no claims can be adjudicated on a class basis.
(iii) Your agreement that "Emergency Services 24H”. is provided “as is” and without warranty.
(iv) Your agreement that (a) "Emergency Services 24H” is solely a communications platform that facilitates transactions between professionals (the “Professionals”) and potential customers (the “Potential Customers”) looking for professional services (the “Service”), (b) the Service is performed by Professionals as third parties, (c) Nexty has no liability for any Service or any acts or omissions of third parties, nor is responsible for the conduct, whether online or offline, of any user.
(v) Your agreement to release Nexty from liability based on claims relating to the Service and otherwise and your agreement to the limitation of time within which a claim can be brought.
(vi) Your agreement to indemnify Nexty from claims due to your use, misuse or inability to use "Emergency Services 24H”, the Service, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to "Emergency Services 24H”.
(vii) Your consent to any modifications or amendments to this Agreement.
1.5 Your acceptance of this Agreement includes allowing us to use third-party service providers to provide "Emergency Services 24H”. to you and the rights granted to us are extended to these third parties to the degree necessary in order for "Emergency Services 24H”. to be provided.
1.6 By using "Emergency Services 24H”., you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
2. What is EMERGENCY-SERVICES24H.COM and how it works
2.1 "Emergency Services 24H”. is a platform that facilitates transactions between professionals (the “Professionals”) and potential customers (the “Potential Customers”) looking for professional services (the “Service”). We are never a buyer and/or a seller. We provide a venue for you to complete possible transactions. This means that in addition to this Agreement, you, as Professional or Potential Customer, will have other contractual relationships respectively with Potential Customers or Professionals. Whatever Service you, as Potential Customer, purchase will be subject to the terms and conditions of the Professionals. Any contracts related to the provision of the Service are solely between you and the Professionals. The Professionals are responsible for the provision of the Service and for dealing with any claims or any other issue arising out of or in connection with the contract between you, as Potential Customer, and them.
2.2 We check the backgrounds of the Professionals. However, you, as Potential Customer, should exercise common sense to protect yourself, just as you would when interacting with any person whom you do not know. We have no responsibility or liability for the transaction between you and the Professionals related to the Service, including, but not limited to, a warranty of good services, warranty of fitness for a particular purpose or compliance with any law, regulation, or code. You hereby acknowledge and agree that we are providing our services as an intermediary and that we shall not be held responsible or liable for any actions or omissions performed or omitted by the Professionals. By using "Emergency Services 24H”. you agree to hold Nexty free from the responsibility for any liability or damage that might arise out of the Service.
2.3 When you, as Professional, register to use "Emergency Services 24H”., you will provide Us some personal information (for example: contact Information such as email addresses and telephone numbers). You must not furnish false personal information and data and you must ensure that such information that you provide remain valid.
3. Some basics rules for use of "Emergency Services 24H”. you should know 3.1 Potential Customers agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Services. Professionals agree to provide Services in accordance with all applicable laws and regulations.
3.2 You shall not use "Emergency Services 24H”. to do any of the following:
(i) Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
(ii) Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
(iii) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
(iv) Use "Emergency Services 24H”. or any Service for any purpose or in any manner that is in violation of local, state, national, or international law.
(v) Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
(vi) Solicit employment or contract work which is not relevant to services offered through "Emergency Services 24H”.. You may not solicit, advertise for, or contact in any form Users, contracting, or any other purpose not related to Services facilitated through "Emergency Services 24H”. without express written permission from us.
(vii) Use "Emergency Services 24H”. to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
(viii) Conduct or forward surveys, contests, pyramid schemes, or chain letters.
(ix) Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
(x) Download any file that you know, or reasonably should know, cannot be legally distributed through "Emergency Services 24H”., or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
(xi) Restrict or inhibit any other User from using and enjoying "Emergency Services 24H”..
(xii) Imply or state that any statements you make are endorsed by us, without our prior written consent.
(xiii) Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with "Emergency Services 24H”., its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index "Emergency Services 24H”. in any manner, or attempt to do any of the foregoing.
(xiv) Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
(xv) 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.
(xvi) Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
(xvii) Use "Emergency Services 24H”. under different usernames or identities, after your account has been suspended or terminated.
(xviii) Mirror or archive any part of "Emergency Services 24H”. or any content or material contained on "Emergency Services 24H”. without Nexty’s written permission.
(xix) Alter transmission data without Nexty’s consent.
4.4. No Employment
4.1 "Emergency Services 24H”. allows Potential Customers to connect with Professionals. Nexty is not the employer of any Professional. You acknowledge that we do not supervise, direct, or control a Professional’s work or Services performed in any manner. A Professional provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of Nexty for any purpose whatsoever.
5. Intellectual Property Rights
"Emergency Services 24H”., and the information, data, content and materials, which it contains (“EMERGENCY-SERVICES24H.COM Contents”), are the property of Nexty and/or its affiliates and licensors, excluding User-generated content, which Nexty has a right to use as described below. "Emergency Services 24H”. Contents are protected from unauthorized copying and dissemination by copyright laws, trademark laws, international conventions, and other intellectual property laws. Nexty and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with "Emergency Services 24H”. Contents. Any use of "Emergency Services 24H”. Contents, other than as expressly permitted herein, is prohibited without the prior permission of Nexty and/or the relevant right holder. The service marks and trademarks of Nexty, including without limitation including all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs and the Nexty logo are service marks owned by Nexty. Any other trademarks, service marks, logos and/or trade names appearing on "Emergency Services 24H”. are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on "Emergency Services 24H”. without the express prior written consent of the owner.
6. Copyright Complaints and Copyright Agent Nexty respects the intellectual property of others, and expects Users to do the same. Nexty will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the "Emergency Services 24H”. infringe upon that person’s or entity’s copyright or other intellectual property right (such person or entity, a “Complainant”) and sends to Nexty a properly submitted copyright notice as indicated below, Nexty will investigate, and if it determines, in its discretion, that the material is infringing, Nexty will remove the content and may terminate the access of the User who posted such content to "Emergency Services 24H”. in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following: (i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included. (ii) A statement specifically identifying the location of the infringing material, with enough detail that Nexty may find it on "Emergency Services 24H”. . (iii) The complete name, address, telephone number and email address of Complainant. (iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law. (v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed. Nexty’s contact information for notice of alleged copyright infringement is: Email: email@example.com Or via Mail: DIRECT24 WEB ADVERTISING Ltd, Suite 4.01 Ormond Building, 31-36 Ormond Quay Upper, Arran Quay, Dublin 7, D07 F6DC, Ireland.