Terms and Conditions
Last Updated: August 01, 2018
These are the terms and conditions for Customers (the ‘Terms’) for chooseabid.com collectively referred to in this agreement as the ‘Site’, ‘Platform’, ‘we’, ‘us’, or ‘our’.
The object of the Site is to provide an online platform to enable persons providing services (the ‘Service Provider’) and persons who wish to avail themselves of and pay for services (the ‘Customer’ or ‘you’) to connect with each other. The Site is intended to allow the Service Providers to offer their services in response to a Customer’s search and request of various services (the ‘Services’).
All and any use of the Site shall be subject to these Terms and by using the Site in any way whatsoever you agree to be bound by these Terms in their entirety.
WHAT DO WE DO?
chooseabid.com operates a website that matches and connects Customers with relevant Service Providers against a single request for service.
All services are easily accessible by Customers against a simple text input search or index search. Once a service is chosen, chooseabid.com proceeds to request further details from the Customer, about the required service. Once the form has been filled in, chooseabid.com automatically sends the Customer request to all Service Providers on its database, that are registered in the service category chosen by the Customer, in so far as their email notification settings are switched on. Service Providers are also able to proactively search for Customer Requests themselves in the four categories (Home, Business, Personal or Events) or by using keywords.
Interested Service Providers are then able to bid on the Customer’s request, in a competitive scenario. All Service Providers will be given an equal opportunity to build their reputation via our Ratings & Reviews system, from the ground up. More information about each Service Provider can be found on their profile page.
The Customer may then, but is not obliged to, choose the bid that is most favourable to him/her within a designated period of time.
We do not:
provide the Services ourselves;
get involved with the contract of work between the Customer and the Service Provider;
get involved with payments between the Customer and the Service Provider;
guarantee that Customers will select any specific Service Providers;
act as agents or partners to the Service Providers or the Customer;
take responsibility for any issues whatsoever arising in connection with Services provided by the Service Provider.
REGISTRATION AS A CUSTOMER
Persons in need of a service may create an account on our Site by completing a registration form after requesting their service of choice.
By accessing or using this Site:
(i) You represent and warrant that you are 18 years of age or older and have the legal capacity and authority to enter into a contract.
(ii) You declare that you are a legal citizen of the Maltese Islands (EU).
(iii) You will comply with any taxation laws related to buying services.
(iv) You have no criminal record and will not use or abuse this platform for any illegal or unethical activities.
The Site does not assume any responsibility for the confirmation of any Member’s identity.
Our Site provides Customers with the facility to search for a wide range of Services, and Service Providers with the facility to bid on the Services requested by Customers. A full list of the Services offered on the Site, is listed here www.chooseabid.com/customers/all-services.
We regularly review our list of permitted Services and it is at our sole and absolute discretion as to whether a Service may be listed or not. We reserve the right to add or discontinue Services at any time.
The Site is only applicable to the Maltese Islands and Services may not be offered outside this territory. All Service listings and Service Provider details shall be represented in English.
We will receive Requests for required Services (‘Request/s’) from Customers through the Site. These Requests will be matched to a selection of Service Providers that fit the relevant criteria. From time to time, chooseabid.com may, at our sole discretion, review Customer Requests and if necessary, demand more information to be added to the request.
In submitting your Requests, you will be asked to provide a detailed description of your requirements and may include photographs and plans where necessary, in order to ensure that the Service Provider has enough information to bid on your request. Photographs or other attachments will be vetted by chooseabid.com.
On receipt of a Request, the Service Provider shall assess the information provided, decide whether to bid on the job and, if in the affirmative, proceed to prepare the bid via our website, including a cost estimate and any invoice terms relative to the Service offered.
Bids from Service Providers will be sent directly to the Customer. You will receive an email notification which will direct you to the ‘Dashboard’ section of the Site, where you can read and respond to the bid. Service Providers may also ask for further details through the Site’s messaging system, after bidding on your service Request. You will receive an email notification should you receive any messages. Both Service Providers and Customers may not request or seek to contact each other directly or in any way engage with each other directly for the provision of services whilst bypassing chooseabid.com, upon seeing the request, following the bid or at any stage of the transaction.
We are in no way involved in the way a Service Provider bids for work requested and do not guarantee that Service Providers are competent, skilled, qualified or available to carry out the work they bid on. Moreover, we have no control over whether you will be contacted by one or more Service Providers, nor are we responsible for the number of bids you receive.
You shall be at liberty to select and proceed with any bid received, or none at all, at your sole and absolute discretion.
CONCLUSION OF CONTRACT
Should you agree to engage a Service Provider following receipt of a bid, any agreement or contract for the provision of the Service will be between you and the Service Provider only. We will not be responsible for, or a party to, any agreement between you and the Service Provider, nor are we bound by any of the terms of such an agreement.
To secure the service with your chosen Service Provider, a deposit equivalent of 10% (minimum deposit of €1.50) against the value of the bid selected, must be paid through the chooseabid.com secure payment gateway. The balance due, will be paid directly by the Customer to the Service Provider upon completion of the service, or in accordance with the agreed Service Provider invoice terms. Once the deposit has been paid, we do not get involved in any aspect of the payment process, and any transfer of money shall be arranged directly between you and the Service Provider. Once you accept a bid and pay the deposit, it is not possible to cancel your order. Any request to cancel the order will result in your deposit being lost.
There is no service fee or extra costs for a Customer to avail from the chooseabid.com Portal.
CUSTOMER MATERIALS AND INFORMATION
You may only use bids received from Service Providers and any other information or materials provided by Service Providers (including personal information of the Service Provider and images and video) (‘Service Provider Materials’) for the sole purpose of assessing the relative bid. You will keep such Service Provider Materials confidential and secure from third party access at all times. You shall remain responsible at all times for any unauthorised and/or illegal use of Service Provider Materials.
Following completion of the service, you will be prompted to leave a review of the Service Provider. All reviews will be vetted and may take up to 24 hours to be released on site. Reviews using derogatory language will not be permitted.
The content you submit to or through the Site (‘Customer Content’), including material contained in your profile or any reviews or comments you post on the Site, must comply with the standards set out in this Section. Customer Content must be relevant, accurate and in compliance with applicable law.
Customer Content may not:
be unlawful in any way;
infringe any intellectual property right or other right of any other person;
breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence or data protection obligations;
contain fraudulent information;
request Services that are illegal under Maltese law;
contain any hyperlink to any page of an internet site that resides behind a ‘paywall’ or other login screen or any ‘deep link’ where ‘deep-linking’ (except to the Site’s home page) is prohibited by the site operator;
contain any material which is defamatory of any person or entity;
be or be likely to be misleading or deceptive;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
contain any material which is obscene, offensive, hateful or infamatory;
be menacing, threatening, abusive or invasive of another´s privacy, or cause harassment, anxiety, alarm, upset, embarrassment, annoyance or inconvenience to any person;
contain or promote sexually explicit material;
promote violence or aggression;
promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
encourage, advocate, promote, solicit, invite or assist any illegal activity or unlawful act such as (by way of example only) intellectual property infringement or computer misuse;
be used to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
disrupt the normal flow of dialogue with an excessive amount of Service Provider Content (flooding attack) to the Site, or that otherwise negatively affects other users’ ability to use the Site;
contain any 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;
be posted by a third-party agent, service or intermediary that offers to post content on behalf of others without express permission from us; or
give the impression that it emanates from us, if this is not the case.
By using the Site, you acknowledge that it is your responsibility to ensure that you have the right to submit all and any Customer Content you submit to or through the Site, and that you do not submit any content which is in breach of the standards set out above.
We will take down, edit or modify any objectionable Customer Content, such as the reviews given to Service Providers, and reserve the right to do so with or without notifying the Customer. However, given that we do not screen or moderate all Content, with the exception of certain information as detailed in these Terms, you acknowledge that you may be exposed to content that you may find objectionable or offensive.
To make changes to your Customer Content you can contact us at [email protected].
DISPUTES BETWEEN OR AMONG USERS
chooseabid.com urges users to resolve disputes independently and is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.
If the Service Provider who you engaged following receipt of a bid, does not provide the service you engaged him to do, please write to [email protected] quoting the Bid Confirmation reference number in the subject line.
By using the Site you agree to unconditionally and irrevocably indemnify us, on demand, against all losses, liabilities, amounts paid in settlement, costs and expenses suffered or incurred by us as a result of any claim arising out of or in connection with:
any Customer Content (including your Profile and any feedback) you submit to or through the Site;
any use of Service Provider Materials;
any use of Customer Materials;
any use you make of the Site.
This indemnity will survive termination or closure of your account for whatever reason.
You may request us to terminate your account at any time.
We reserve the right, at our discretion, to terminate your account immediately when we believe this is reasonably necessary, for instance following a breach of these Terms. All access to the Site will be suspended without prior notice. We will not be liable to you or any third party for the termination of your account. All provisions of these Terms which are intended to have effect or to bind either party following any expiry or termination hereof, shall survive expiry or termination of these Terms to the extent permissible by law.
The object of the Site is to provide an online platform to enable Service Providers and Customers to connect with each other directly.
Subject to the provisions of this Section, we are not responsible for and disclaim any and all liability related to the provision of Services as between Service Providers and Customers.
You agree that your use of the Site and use of Services is entirely at your own risk. No representations are made by us regarding the Service Providers who may receive your Request or the quality or any other aspect of the work provided. You are to make your own assessment when deciding whether or not to accept provision of a Service from a particular Service Provider. We do not endorse any content submitted by any Service Provider or any opinion, reliability or ability to carry out work expressed by any Service Provider and we expressly disclaim any and all liability in connection with the foregoing.
Nothing in these Terms shall limit or exclude our liability to you for death or personal injury caused by our gross negligence or for fraud or fraudulent misrepresentation or any other liability that under Maltese law may not be limited or excluded.
Subject to the immediately preceding paragraph, in no event shall we be liable to you (including by reason of negligence) in contract, tort or otherwise, for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.
Your rights and obligations under these Terms may not be transferred or assigned, whether in whole or in part. Failure to enforce our rights under these Terms shall not result in a waiver of our rights. Should any of these Terms be found to be invalid or unenforceable, all other provisions shall be unaffected. These Terms do not purport or intend to create any agency, partnership, joint venture, franchiser-franchisee, or employer-employee relationship. All and any headings used shall be for reference purposes only and shall in no way define, limit, construe or describe the scope or extent of any Section. These Terms and any document expressly referred to in them shall represent the entire agreement between us.
All confidential information obtained in relation to these Terms, the Site or its use shall remain confidential. Confidential information may only be disclosed to your professional advisors, employees, officers, subcontractors and agents, and only where (i) disclosure is necessary for the purpose of exercising and performing rights and obligations under these Terms, (ii) they have been informed of the confidential nature of the disclosed information and (iii) they agree to comply with the confidentiality requirements of these Terms.
GOVERNING LAW AND JURISDICTION
These Terms are construed in accordance with and governed exclusively by Maltese law. Any dispute, claim or controversy that arises between you and us in connection with these Terms or the Site shall be settled exclusively by the Courts of Malta. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
© chooseabid.com 2018