Terms of Service Agreement
These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and Flatmate Malta, owned by Sourcified Limited (Sourcified LLC) (as defined below) governing your access to and use of the Flatmate website, including any sub-domains thereof, and any other websites through which Flatmate makes its services available (collectively, “site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “Flatmate Services”). These collective names are hereinafter referred to as the “Sourcified platform”. Our other policies applicable to use of the Sourcified platform are incorporated by reference into this agreement.
When these terms mention “Flatmate”, “Sourcificed”, “we”, “us” or “our”, it refers to the Sourcified Limited (Sourcified LLC) company you are contracting with. Your contracting entity will generally be determined based on your country of residence. Your “Country of residence” is the jurisdiction associated with your Flatmate account as determined by either your express selection or by Sourcified’s assessment of your residence using various data attributes associated with your Flatmate account.
If your country of residence is Malta, Europe, you are contracting with Sourcified Limited, 20 Triq Federik, Bormla, BML 2042, Malta.
If you change your country of residence, the Sourcified company you contract with will be determined by your new country of residence as specified above, from the date on which your country of residence changes.
Our collection and use of personal information in connection with your access to and use of the Sourcified platform is described in our Privacy Policy.
Any and all payment processing services through or in connection with your use of the Sourcified platform (“Payment Services”) are provided to you by one or more Sourcified payments (individually and collectively “Sourcified payments”) as set out in the Extended Terms of Service (“Extended terms”) further down.
Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their listings and host services. For example, hosts have to get a permit or a license before providing certain services (such as preparing and serving food, serving alcohol for sale). Hosts are responsible for identifying and obtaining any required licenses, permits, or registrations for any host services they offer. Penalties may include fines or other enforcement. We provide some information in our help center to help you identify some of the obligations that apply to you in our Community Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your listing(s) and host service(s) on our platform, you should always seek legal guidance.
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Scope of Services
1.1 The Sourcified platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” or “Sellers” and the services and products they offer are “Host services” or “Seller products” to publish such Host services or Seller products on the Sourcified platform (“Listings”) and to communicate and transact directly with members that are seeking to book or purchase such host services or seller products (Members using host services are “Guests” and members buying seller products are “Consumers”). Host services may include the offering of vacation or other properties or amenities for use (“Accommodations”), activities in various categories (“Activities”), access to special events (“Events”), and a variety of related services. Seller products may include the offering of consumables or physical products (“Products”).
1.2 As the provider of Flatmate, Sourcified Limited does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any listings, host services or seller products. Hosts alone are responsible for their listings and host services. When members make or accept a booking, they are entering into a contract directly with each other. Sourcified is not and does not become a party to or other participant in any contractual relationship between members, nor is Sourcified an insurer. Sourcified is not acting as an agent in any capacity for any member, except as specified in the payment terms.
1.3 While we may help facilitate the resolution of disputes, Sourcified has no control over and does not guarantee the existence, quality, safety, suitability, or legality of any listings or host services, the trust or accuracy of any listing descriptions, ratings, reviews, or other member content or the performance or conduct of any member or third party. Sourcified does not endorse any one member, listing or host service. Members and hosts being “Verified” (or similar language, “approved”, “confirmed” etc.) only indicate that a member or host has completed a verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Sourcified about any member or host in regards to subjects identity, background, trustworthiness, safety or suitability. You should always exercise due diligence and care when deciding whether to carry out a transaction and stay in an accommodation, participate in activities or events or use host services, accept a booking request from members, or communicate and interact with other members, whether online or in person. Images or footage are intended to indicate a visual representation of a listing at the time the footage or images was taken, these images or footage are not an endorsement by Sourcified of any host or listing.
1.4 If you choose to use Flatmate through the Sourcified platform as a host, your relationship with Sourcified is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Sourcified for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit or Sourcified. Sourcified does not, and shall not be deemed to, direct or control you generally or in your performance under these terms specifically. You acknowledge and agree that you have complete discretion whether to list host services or otherwise engage in other business or employment activities.
1.5 To promote Flatmate through the Sourcified platform and to increase exposure of listings, the content on platform may be displayed on other websites, in application, in emails, in online and offline advertisements. Content on platform may be translated, whole or in part, into other languages. Members and hosts are responsible for reviewing and verifying the accuracy of any translations. Content on platform may contain translations powered by third parties, such as Google, these third party translations disclaims all warranties related to the translations, accuracy, reliability and merchantability for any particular purpose.
1.6 The Sourcified platform may contain links to third-party websites or sources (“Third-party services”). Such third-party services may be subject to different terms and conditions and privacy practices. Sourcified is not responsible or liable of content from third-party services, or content, products or services available from such third-party services. Links to third-party services are not an endorsement by Sourcified.
1.7 Sourcified may improve, enhance and modify the platform and introduce new services from time to time. We can not guarantee continuous and uninterrupted availability and accessibility of the Sourcified platform or certain areas or features. We reserve the right to take Flatmate offline at any point.
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Using the Platform
2.1 You must be at least 18 years old and able to enter into legally binding contracts in order to access and use the Sourcified platform or register for an account. By accessing and using Flatmate, through the Sourcified platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with local laws and regulations in your local jurisdiction.
2.3 Sourcified may access to and use the platform or certain areas or features in order to complete certain conditions or requirements, such as completing a verification process or completing a host listing to meet a specific quality or eligibility criteria, access ratings and reviews or a member or hosts booking and cancellation history and chat logs.
2.4 Sourcified do not assume any responsibility for the confirmation of any member’s or host’s identity. For transparency and fraud prevention purposes, and as permitted by applicable laws, Sourcified may, but have no obligation to ask members or hosts to provide a form of government identification or other information or undertake additional checks to help verify the identities or backgrounds of members. We may screen members against third party databases or other sources and request reports from service providers. Where we have sufficient information to identify a member or host, Sourcified may obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction if any such records are available.
2.5 Use of certain areas and features of the platform may be subject to separate terms, policies, standards or guidelines and maybe require that your accept additional terms and conditions.
2.6 The Sourcified platform use third-party software such as Google Maps. Your use of such third-party software is subject to third-parties additional terms of service.
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Account Registration
3.1 You must register an account (“Flatmate account”) to access and use features of the Sourcified platform, such as publishing or booking a listing. If you are registering an Flatmate account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these terms.
3.2 You can register a Flatmate account using an email address and creating a password or through your account with third party social networking services such as Facebook (“SNS account”, Social Networking Service).
3.3 You must provide accurate, current and complete information during the registration process and keep your Flatmate account and it’s information up-to-date.
3.4 You are not allowed to register more than one Flatmate account unless we give you written consent to do so. Your Flatmate account is personal and you may not assign or transfer your Flatmate account to another party.
3.5 You are responsible for keeping your credentials secret and secure and may not disclose your credentials to any other party. If you suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised you need to immediately notify us. You are liable for any and all activities conducted through your Flatmate account, unless such activities are not authorized by your and you are not otherwise negligent (such as failing to report unauthorized use or loss of you credentials).
3.6 We may enable features that allow you to authorize other members or third parties to take certain actions that affect your Flatmate Account.
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Content
4.1 Members are able to create, upload, post, send ,receive and store content and information through the Sourcified platform (“Member content”), and access and view Member content and any content that Sourcified itself makes available on or through the Sourcified platform, including related content by Sourcified and an content licensed or authorized for use by or through Sourcified from a third party (“Sourcified content” and “Collective content”).
4.2 The Sourcified platform, Sourcified content and Member content may in its entirety or in part be protected by copyright, trademark and/or other laws depending on what jurisdiction you are in. You acknowledge and agree that the Sourcified platform and Sourcified content, including all associated intellectual property rights, are the exclusive property of Sourcified and/or its licensors or authorized third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sourcified platform, Sourcified content or Member content. All intellectual properties and other source identifiers of Sourcified used on or in connection with the Sourcified platform and Sourcified content may be trademarks or registered trademarks of Sourcified. Any other intellectual properties and source identifiers of third parties used on or in connection with the Sourcified platform, Sourcified content and/or Collective content are used for identification purposes only and may be the property of their respective owners.
4.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Sourcified platform, Sourcified content or Collective content, except to the extent where you are the legal owner of certain Member content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owner or controlled by Sourcified or its licensors except for any rights and licenses granted in these terms.
4.4 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member content on our through the Sourcified platform, you grant to Sourcified a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast and otherwise exploit in any manner such Member content to provide and/pr promote the Sourcified platform, in any media or platform. Unless you provide specific consent, Sourcified does not claim any ownership rights in any Member content and nothing in these terms will be deemed to restrict any rights that you may have to use or exploit your Member content.
4.5 Sourcified may offer hosts or sellers the option of having photographers take photographs for their Host services or Seller products, these are made available by Sourcified appointed photographer to Hosts or Sellers to include in their listings with or without a watermark or tag bearing intellectual property identifiers such as trademarks or website URLs (“Verified content”). You are responsible for ensuring that your Host service or Seller products are accurately represented in the Verified content and you will stop using the Verified content on or through the Sourcified platform if they no longer accurately represent your listing, if you stop hosting the Host service or stop selling your Seller products, or if your Flatmate account is terminated or suspended for any reason. You acknowledge and agree that Sourcified shall have the right to use any Verified content for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation to you. Where Sourcified is not the exclusive owner of Verified content, by using such Verified content images on or through the Sourcified platform, you grant to Sourcified exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified content for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation to you. Sourcified in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified content outside of the Sourcified platform solely for your personal and non-commercial use.
4.6 You are solely responsible for all Member content that you make available on or through the Sourcified platform. Accordingly, you represent and warrant that you either are the sole and exclusive owner of all Member content that you make available on or through the Sourcified platform or your have all rights, licenses, consents and releases that are necessary to grant to Sourcified the rights in and to such Member content, as contemplated under these terms and neither the Member content nor your posting, uploading, publication, submission or transmittal of the Member content or Sourcified’s use of the Member content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4.7 You will not post, upload, publish, submit or transmit any Member content that is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; is defamatory, libelous, obscene, pornographic, vulgar or offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group, is violent or threatening or promotes violence or actions that are threatening to any other person or animal, promotes illegal or harmful activities or substances, or violates any of Sourcified’s policies. Sourcified may, without prior notice remove or disable access to any Member content that Sourcified finds to be in violation of these Terms or Sourcified’s then current policies or standards, or otherwise may be harmful or objectionable to Sourcified, its Members, Third parties or property.
4.8 Sourcified respects copyright law and expects its Members to do the same. If you belive that any content on the Sourcified platform infringes copyrights you own, please notify us via our contact methods.
5.Service Fees
5.1 Sourcified may charge fees to Hosts or Sellers (“Host fees”, “Seller fees”) and/or Guests or Consumers (“Guest fees” “Consumer fee”) in consideration of the use of the Sourcified platform. More information about Service Fees apply and how they are calculated can be found further down.
5.2 Any applicable Service fees (including any applicable taxes) will be displayed to a host or seller or guest or consumer prior to publishing or booking or buying a listing. Sourcified reserves the right to change the Service fees at any time, and will provide Members adequate notice of any fee changes before they become effective.
5.3 You are responsible for paying any Service fees that you owe to Sourcified. The applicable Service fees (including any applicable taxes) are collected by Sourcified Payments. Sourcified payment will deduct any Host fees or Seller fees from the listing fee before remitting the payout to the Host of Seller. Any Guest fees or Consumer fees are included in the total fees collected by Sourcified payments. Except as otherwise provided on the Sourcified platform, service fees are non-refundable.
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Terms specific for Hosts or Sellers
6.1 Terms applicable to all Listings
6.1.1 When creating a listing through the Sourcified platform you must provide complete and accurate information about your Host service or Seller products (such as listing description, location, shipping and calendar availability), disclose any deficiencies, restrictions (such as swimming pool rules, product compatibility) and requirements that apply (such as any minimum age, proficiency, disabilities, product compatibility) and provide any other pertinent information requested by Sourcified. You are responsible for keeping you listing information (including calendar available and status of stock) up-to-date at all times.
6.1.2 You are solely responsible for setting a price (including any taxes if applicable, or charges such as cleaning fees, shipping fees or any type of service fees) for your listing (“Listing fee”). Once a Guest or Consumer requests a booking or order of your listing, you may not request that the Guest or Consumer pays a higher price than in the booking or order request.
6.1.3 Any terms and conditions included in your listing, in particular in relation to cancellations, must not conflict with these terms or the relevant cancellation policy for your listing.
6.1.4 Pictures, animations or videos (“Images”) used in your listings must accurately reflect the quality and condition of your Host services or Seller products. Sourcified reserves the right to require that listings have a minimum number of images of a certain format, size and resolution.
6.1.5 The placement and ranking of listings in search results on the Sourcified platform may vary and depend on a variety of factors such as Guest or Consumer search filters and preferences, Host or Seller requirements, price, shipping or calendar availability, number and quality of images, customer service and cancellation history, reviews and ratings, type of Host service or Seller products and/or ease of booking or purchasing.
6.1.6 When you accept or have pre-approved a booking request by a guest or when you have accept or have pre-approved a order request by a consumer, you are entering into a legally binding agreement with the Guest or Consumer and are required to provide your Host services or Seller products to the Guest or Consumer as described in your listing when the booking request or order request is made. You also agree to pay the applicable Host fee or Seller fee and any applicable taxes.
6.1.7 Sourcified recommends that Hosts and Sellers obtain appropriate insurance for their services or products. Please review any respective insurance policy carefully, and in particular make sure that you familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inaction of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in Events or Activities or damages to any products or product loss in orders placed by Consumers.
6.2 Listing Accommodations
6.2.1 Unless expressly allowed by Sourcified, you may not list more than one Accomodation per listing.
6.2.2 You represent and warrant that any listing you post and the booking of or purchase of, or Guest’s stay at or Consumer’s purchase, an accommodation or product will not breach any agreements you have entering into with any third parties and comply with all applicable laws, tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accomodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.
6.3 Listing Events, Activities and other Host Services
Hosts who list Events, Activities and other Host Services other than Accommodations agree to and are subject to the Additional Terms found further down.
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Terms specific for Guests
7.1 Terms applicable to all Bookings
7.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Sourcified and/or the Host or Seller, you can book a listing available or order a product available by following the respective process of booking or ordering. You agree to pay all applicable fees, including the listing fee, Guest fee or Consumer fee and any applicable taxes (Collectively, “Total fees”) for any booking or order requested in connection with your account.
7.1.2 Upon receipt of a booking confirmation from Sourcified, a legally binding agreement is formed between you and your host or seller, subject to any additional terms and conditions of the Host or Seller that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the listing. Sourcified payment will collect the total fees at the time of the booking request or order request upon the Host’s or sellers confirmation pursuant to the Payments terms. For certain bookings or products, guests or consumers may be required to pay or have the option to pay in multiple installments or in person.
7.1.3 If you book a Host service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these terms and any terms and conditions, rules and restrictions set by the host. If you are booking for an additional guest who is a minor, your represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Event or Activity or other Host Service if accompanied by and adult who is responsible for them.
7.2 Booking Accomodations
7.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation booking”) is a limited license granted to your by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host retains the right to be present, in accordance with your agreement with the Host.
7.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host’s consent (“Overstay”), you no longer have a license to stay in the Accomodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay three (3) times the Average hourly cost of listing, if requested by the Host, for each 60 minute (1 hour) period (or any portion thereof) that you overstay to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, taxes. and any legal expenses incurred by the Host to make you leave (collectively “Overstay fees”). If you overstay at an Accommodation, your authorize Sourcified (via Sourcified payments) to charge you to collect Overstay fees.
7.3 Booking Events, Activities and other Host Services
7.3.1 You should carefully review the description of any Event, Activity or other Host Services you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their listing. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Event, Activity or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Event, Activity or other Host Service, may also apply. You are responsible for identifying, understand, and complying with all laws, rules and regulations that apply to your participation in an Event, Activity or other Host Service.
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Booking Modifications, Cancellations and Refunds, Resolution Center
8.1 Hosts or Seller and Guests or Consumers are responsible for any modifications to a booking or order that they make via the Sourcified platform or additional Sourcified services to make (“Booking modifications”) and agree to pay any additional Listing fees, Host fees or Seller fees, or Guest fees or Consumer fees and/or taxes associated with such Booking modifications.
8.2 Guests or Consumers can cancel a confirmed booking or order at any time pursuant to the listings individual cancellation policy.
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Ratings and Reviews
9.1 Hosts and Sellers, Guests and Consumers can leave a public (“Review”) and submit at 1-5 star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Sourcified. Ratings and Reviews are not verified by Sourcified for accuracy and may be incorrect or misleading.
9.2 Ratings and Reviews by Hosts or Sellers and Guests or Consumers must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 4 and must comply with Sourcified policies.
9.3 Members are prohibited from manipulating the Ratings and Reviews in any manner, such as instructing third party to write a positive or negative Review about their own listing or about another member.
9.4 Ratings and Reviews are part of a Member’s public profile and may also be surface elsewhere on the Sourcified platform together with other relevant information.
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Damage to Accommodations, Disputes between Members
10.1 As a guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
10.2 If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation (“Damage claim”), the Host can seek payment from you through the Resolution Center. If a Host escalates a Damage claim to Sourcified, you will be given an opportunity to respond. If you agree to pay the Host, or Sourcified determines in its sole discretion that you are responsible for the Damage claim, Sourcified payments will collect any such sums from you required to cover the Damage claim pursuant to the Payments terms.
10.3 Members agree to cooperate with and assist Sourcified in good faith, and to provide Sourcified with such information and take such actions as may be reasonably requested by Sourcified, in connection with any Damage claims or other complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation, Events, Activities, other Host Services, Co-Host agreements or Group Payment Booking. A member shall, upon Sourcified’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Sourcified or a third party selected by Sourcifed or its insurer, with respect to losses for which a member is requesting payment from Sourcified.
10.4 If you are a Guest or a Co-Host, you understand and agree that Sourcified may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation) of the host. You agree to cooperate with and assist Sourcified in good faith, and to provide Sourcified with such information as maybe reasonably requested by Sourcified, to make a claim under your homeowner’s renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Sourcified may reasonable request to ass Sourcified in accomplishing the foregoing.
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Taxes
11.1 As a Host or Seller you are solely responsible for determining your obligations to report, collect, remit or include in your listing fees any applicable VAT or other indirect sales taxes, occupancy tax, commercial tax, tourist or other visitor taxes (“Taxes”).
11.2 Tax regulations may require us to collect appropriate Tax information from Hosts or Sellers, or to withhold Taxes from payouts to Hosts, or both. If a Host or Seller fails to provide us with documentation that we determine to sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
11.3 You understand that any appropriate governmental agency, department and/or authority (“Tax authority”) where your Accommodation is located or Products are sold may require Taxes to be collected from Guests or Consumers or Hosts or Sellers on listing fees, and to be remitted to the respective Tax authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing fees set by Hosts or Sellers, these fees are sometimes called “transient occupancy taxes”, “hotel taxes”, “lodging taxes”, “city taxes”, “swimming pool taxes” or “tourist taxes” (“Occupancy taxes”).
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Prohibited Activities
12.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Sourcified platform. In connection with your use of the Sourcified platform, you will not and will not assist or enable others to breach the terms and policies mentioned in Sourcified’s terms and policies.
12.2 You acknowledge that Sourcified has no obligation to monitor the access to or use of the Sourcified platform by any member or to review, disable access to, or edit any Member content, but has the right to do so to operate, secure and improve the Sourcified platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes) ensure Member’s compliance with the Terms, comply with applicable law or the order of requirement of a court, law enforcement or other administrative agency or governmental body, respond to Member content that it determines is harmful or objectionable or as otherwise set forth in these Terms. Members agree to cooperate with and assist Sourcified in good faith and to provide Sourcified with such information and take such actions as maybe reasonably requested by Sourcified with respect to any investigation undertaken by Sourcified or a representative of Sourcified regarding the use or abuse of the Sourcified platform.
12.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who engages in offensive, violent or sexually inappropriate behavior, you suspect of stealing from you or engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Sourcified by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
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Term and Termination, Suspension and other Measures
13.1 This agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Sourcified terminate the Agreement in accordance with this provision.
13.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Sourcified account as a Host or seller, any confirmed bookings or orders will be automatically cancelled and your Guests or Consumers will receive a full refund. If you cancel your Sourcified Account as a Guest or Consumer, any confirmed bookings or orders will be automatically cancelled and any refund will depend upon the terms of the listing’s cancellation policy.
13.3 Sourcified may terminate this Agreement for convenience at any time by giving you thirty (30) days notice via email to your registered email address. Your email should be kept up to date per accordance with these terms.
13.4 Sourcified may immediately, without notice, terminate this Agreement and/or stop providing access to the Sourcified platform if you have materially breached your obligations under these Terms, the Payment terms, our Policies or Standards, you have violated applicable laws, regulations or third party rights, or Sourcified believes in good faith that such action is reasonably necessary to protect the personal safety or property of Sourcified, its Members, or third parties.
13.5 In addition, Sourcified may take any of the following measures to comply with applicable law or the order or request of a court, law enforcement or other administrative agency or governmental body, or if you have breached these terms, the payment terms, our policies or standards, applicable laws, regulations, or third party right, you have provided inaccurate, fraudulent, outdated or incomplete information during the Sourcified Account registration, listing process or thereafter, you and/or your listings or Host services or Seller services at any time fail to meet any applicable quality or eligibility criteria, you have repeatedly received poor Ratings or Reviews or Sourcified otherwise becomes aware of or has received complaints about your performance or conduct, you have repeatedly cancelled confirmed bookings or failed to respond to booking requests or order requests without a valid reason, or Sourcified believes in good faith that such action is reasonable necessary to protect the personal safety or property of Sourcified, its Members, or third parties, or to prevent fraud or other illegal activity: refuse to surface, delete or delay any Listings, Ratings, reviews, or other Member content; cancel any pending or confirmed bookings; limit your access to our use of the Sourcified platform; temporarily or permanently revoke any special status associated with your Flatmate account; temporarily or in case of severe or repeated offenses permanently suspend you Flatmate account and stop providing access to the Sourcified platform.
In-case of non-material breaches and where appropriate you will be given notice of any intended measure by Sourcified and an opportunity to resolve the issue to Sourcified’s reasonable satisfaction.
13.6 If we take any of the measures described above we may refund your Guests or Consumers in full for any and all confirmed bookings or orders that have been cancelled, irrespective of preexisting cancellation policies, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
13.7 When this Agreement has been terminated, you are not entitled to a restoration of your Flatmate account or any of your Member content. If you access to or use of the Sourcified platform has been limited or your Flatmate account has been suspended or this Agreement has been terminated by us, you may not register a new Flatmate account or access and use the Sourcified platform through an Flatmate account of another Member.
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Disclaimers
If you choose to use the Sourcified platform or Collective content, you do si voluntarily and at your sole risk. The Sourcified platform and Collective content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Sourcified services, laws, rules, or regulations that may be applicable to your Listings and/or Host services or Seller services you are receiving that you are not relying upon any statement of law or fact made by Sourcified relating to a Listing.
If we choose to conduct identity verification or background check in any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either expressed or implied, that such check will identify prior misconduct by a Member or guarantee that Member will not engage in misconduct in the future.
You agree that some Events, Activities, other Host Services, or the Sourcified payment service may carry inherent risk, and by participating in such services, you to assume those risk voluntarily. For example, some Host services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service or the Sourcified payment service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor through the duration of your Host service and to the maximum extent permitted by law, you agree to release and hold harmless Sourcified from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to you Host service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
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Liability
If your country of residence is in the EU, Sourcified is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other stricts liability, or in case of culpable injury to life, limb, or health. Sourcified is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directs, or other vicarious agents. Essential contractual obligations are such duties of Sourcified in whose proper fulfilment your regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of sourcified is excluded.
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Indemnification
You agree to release, defend (at Sourcified’s option), indemnify, and hold Sourcified and its affiliates and subsidiaries, including but not limited to, Sourcified payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and account fees, arising out of or in any way connected with your breach of these terms or policies or standards, your improper use of the Sourcified platform or any Sourcified services, your interaction with any Member, stay at an Accommodation, participation in an Event, Activity or other Host Service, participations in the Sourcified payment service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, Sourcified’s Collection and Remittance of Occupancy Taxes or your breach of any laws, regulations or third party rights.
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Applicable Law and Jurisdiction
If your country of residence is in the EU, these Terms will be interpreted in accordance with Maltese law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the Maltese courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Ireland or a court with jurisdiction in your place of residence. If Sourcified wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Maltese courts.
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General Provisions
18.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Sourcified and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Sourcified and you in relation to the access to and use of the Sourcified platform.
18.2 No joint venture, partnership, employment, or agency relationship exists between you and Sourcified as a result of this Agreement or your use of the Sourcified platform.
18.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
18.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
18.5 Sourcified’s failure to enforce any rights or provision in these Terms will not constitute of a waiver of such right or provisions unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by other party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
18.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Sourcified’s prior written consent. Sourcified may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
18.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Sourcified via email, Sourcified platform notification, or messaging service (including SMS or any third party service).
18.8 If your country of residence is in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr
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Dispute resolution and Arbitration Agreement
19.1 This dispute resolution and Arbitration Agreement shall apply if you bring forth any claim against Sourcified Limited in Malta.
19.2 Sourcified is committed to participating in a consumer-friendly dispute resolution process.
- Claims can be filed with ODR online via https://ec.europa.eu/;
- Arbitrators must be neutral and no party may unilatterally select and arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at €200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under €25,000, by the submission of document;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party's individual claim.
19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Sourcified each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Sourcified's customer service team by emailing us. If after a good faith effort to negotiate one of feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the ODS and the written Demand for Arbitration (available at https://ec.europa.eu/) provided to the other party, as specified in the ODR rules.
19.4 Agreement to Arbitrate. You and Sourcified mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Sourcified platform, the Host services or Seller services, or the Collective content (collectively, "Disputes") will be settled by binding arbitration (the "Arbitration Agreement"). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Sourcified agree that the arbitrator will decide the issue.
19.5 Exceptions to Arbitration Agreement. You and Sourcified each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: Any claim related to actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; any claim seeking emergency injunctive relief based on exigent circumstances (i.e. hacking, cyber attack).
19.6 Attorney's Fees and Costs. You may be entitled to seek and award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the ODR rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment.
19.7 Arbitrator's Decision. The Arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgement on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant's individual claim.
19.8 No Class Actions or Representative Proceedings. You and Sourcified acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Sourcified both otherwise agree in writing, the arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
19.9 Severability. Except as provided in Section 19.8, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
19.10 Changes. Notwithstanding the provision of Section 20 ("Modification of the Terms"), if Sourcified changes this section ("Dispute Resolution and Arbitration Agreement") after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including email) within thirty (30) days of the date such change became effective, as indicated in the "Last updated" date above or in the date of Sourcified's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Sourcified in accordance with the provisions of the "Dispute Resolution and Arbitration Agreement" section as of the date you last accepted these Terms (or accepted any subsequent changes to the Terms).
19.11 Survival. Except as provided in section 19.9, this section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Sourcified platform or terminate your Flatmate account.
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Modification of these Terms
Sourcified reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revisted Terms on the Sourcified platform and update the “Last Updated” date at the top of these Terms. We will also provide you with the notice of the modifications by email at least sixty (60) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Sourcified platform will constitute acceptance of the revised Terms.
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Feedback
We welcome you to provide feedback, comments and suggestions for improvements to the Sourcified platform (“Feedback”). You may submit Feedback by emailing us or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to your. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Extended Terms of Service
Extension of general Terms of Service covering Payments, Reservations, Cancellations and other Financial Conditions (Extended Terms of Service).
If you see an undefined term in this Extended Terms of Service it has the same definition as in our Terms of Service.
Please read these Extended Terms of Service carefully as they contain important information about your legal rights, remedies and obligations, you agree to comply with and be bound by these Extended Terms of Service.
These Extended Terms of Service (“Extended terms”) constitute a legally binding agreement (“Agreement”) between you and Sourcified Limited (Sourcified LLC) governing the Extended terms (defined below) conducted through or in connection with the Sourcified platform.
When these Extended Terms mention “Sourcified”, “Flatmate”, “we”, “us” or “our”, it refers to Sourcified Limited (Sourcified LLC) company you are contracting with. Your contracting entity will generally be determined based on your country of residence. Your “Country of residence” is the jurisdiction associated with your Flatmate account as determined by either your express selection or by Sourcified’s assessment of your residence using various data attributes associated with your Flatmate account.
If your country of residence is Malta, Europe, your are contracting with Sourcified Limited, 20 Triq Federik, Bormla, BML 2042, Malta.
If you change your country of residence, the Sourcified company you contract with will be determined by your new country of residence as specified above, from the date on which your country of residence changes.
If definitions are missing, refer to definitions in Terms of Service Agreement.
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Reservation and Payments
Right now Sourcified only offers PayPal as part of their Payment Services.
Host and Sellers are solely responsible for the execution of any confirmed Booking or Reservation (“Reservation”) or Purchase or Buy (“Order”) and any fees or taxes applicable within your jurisdiction. Host and Sellers agree to pay Sourcified a commission fee (“Sourcified fees”) on any transactions, find more information about Sourcified fees under 6.0 Sourcified Fees. If you as a Guest or Consumer choose to Book or Reserve (“Reserve”) a Host Service or as a Consumer Order a Seller product, you agree and understand that you will have to enter a legally binding agreement (“Agreement”) with the Host or Seller and accept the Terms, Conditions, Rules, Restrictions (“Listing policy") associated with the Host service or Seller products. You acknowledge and agree that you, and not Sourcified, will be responsible for the fulfillment of the obligations defined in such Agreements, that Sourcified have no part in such Agreements, and that Sourcified disclaim any and all related liability arising out of such Agreements. Both Hosts or Sellers and Guests or Sellers are to pay any fees or taxes, if applicable, by law in your local jurisdiction.
When a Guest or a Consumer press “Book Now”, “Buy Now”, or option with similar definition in Host’s or Seller’s Listing, the Guest or Consumer can review full details of the purchase and go on to click “Checkout with PayPal”. They are taken to PayPal to complete the payment. If they don’t complete the payment within 1 hour, the transaction is discarded.
Once the payment is done, the Guest or Consumer is taken to a page that displays the transaction details. They are told that the Host or Seller needs to accept the transaction before the money is transferred.
Before Guest or Consumer press “Book Now”, “Buy Now”, or option with similar definition in Host’s or Seller’s Listing, we advise them to contact the Host or Seller, to ensure Host Service or Seller Products are available on specified date or in required quantities. When a Guest or a Consumer have completed the payment the funds are pending.
After a Guest of Consumer have completed the payment the Host or Seller gets an email notification of a new transaction that needs to be accepted. Host or Seller are asked to confirm with Guest or Consumer before accepting the payment, that their Host Service or Seller Products are available on specified date or specified quantities. If the transaction is not accepted within three days (3) or before the end date (whatever comes first), the transaction is cancelled and no money is transferred, this situation the funds are transferred back to the Guest or Consumer. Once the money payment is accepted, the money (minus PayPal’s payment processing fee and Sourcified’s fee) is transferred to the Host or Seller PayPal account. Both parties get a receipt of the transaction via email.
Both parties are able to discuss further details about arrangements of the Reservation or Order. When the staying period at Host Accommodation is finished or Seller Product is delivered both parties can mark the reservation or order as finished (“Completed”).
When both parties have marked the reservation or order as Completed the members are able to review each other through Sourcified two-way review system.
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Cancellations
Cancellation policy is subject to each individual Host or Seller Listing. Guests or Consumers should review each Cancellation policy before making a reservation or order. Sourcified reserves the right to within reasonable measures, to main the quality and service of the Sourcified platform, to suspend a Host or Seller Flatmate account if their Cancellation policy is subject of bad formulation or unreasonable conditions until they Host or Seller have make necessary amendments to their Cancellation policy.
Host or Seller is responsible for refunding any funds transferred from the Guest or Seller in case Guest or Consumer cancelled their reservation or order in compliance of the Cancellation policy. If a Guest or Consumer cancel their order too close to agreed Check In time in a way that violates the Cancellation policy, the Guest or Consumer lose the entire amount of their payment to cover the inconvenience suffered by the Host, plus all applicable fees and taxes.
If a Host or Seller cancels a confirmed Reservation or Order made through the Sourcified platform, the Host or Seller are required to reimburse the Guest or Consumer and pay any, if applicable by law, fees and taxes. If Host or Seller repeatedly cancels confirmed Reservations or Orders, Sourcified reserves the right to adjust, suspend or ban the Hosts or Sellers Flatmate account to preserve the integrity and quality of the Sourcified platform.
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Disputes
Guests or Consumers can dispute a paid transaction after the transaction request have been approved and before it is marked as Completed. The dispute feature is a way for Guests or Consumers to communicate to providers that they are not happy with the way the transaction is handled.
Dispute:
- Disputing a transaction doesn’t refund the payment;
- When a transaction is disputed the status of the transaction changes to canceled;
- Both users can review each other after a dispute
If a Guest or Consumer has disputed a transaction, it is the sole responsibility of the Host or Seller to settle dispute with the Guest or Consumer. Sourcified reserves the right to ban any Host or Seller for lifetime, deleting their listing and Flatmate account for the sake of transparency, fraud prevention purposes, preservation of Sourcified platform integrity. Sourcified reserves the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution is found for disputes that can be considered as harmful to the Sourcified platform and safety of its members. Sourcified take no responsibility for unsettled disputes. You agree that any dispute you make will not obligate us to take any action (beyond that required by law, if any).
If a Host or Seller and Guest or Consumer have reached an agreement for a refund after disputing a transaction the seller will issue a refund of the transaction, the Host or Seller, alone is responsible for the refund being paid in full and agrees to pay any additional service fees (including, if any, applicable taxes).
A refund is never automatic, when a dispute is made; a refund must always be manually handled.
If a dispute have not been made within 24 Hours of checkout time from a Host Service the Guest have no rights when issuing a dispute.
If a dispute have not been made within seven days (7) upon receiving an Order from Seller Products the Consumer have no right to issue a dispute.
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Refunds
The Host or Seller can issue a full refund to the Guest or Consumer from the PayPal account. Host or Seller need to login to their PayPal account via PayPal.com, find the transaction in question and click full or partial refund depending on the case. Any fees or taxes, if applicable, are to be paid by Host or Seller and Guest and Consumer.
PayPal will refund the percentage portion of their fees on transactions, but not the fixed fees. This means that PayPal will keep a fixed fee of 0.35 EUR if the payment currency was EURO. Full list of fixed fees for different jurisdictions can be found here: https://www.paypal.com/us/webapps/mpp/merchant-fees#fixed-fees-standard
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PayPal Protection
When members use Sourcified payment system they may be eligible for PayPal Buyer & Seller protection in case something goes wrong. The PayPal protection program Terms may vary slightly from country to country, so make sure to check your own country’s PayPal terms, as the above link might not redirect you accurately: https://www.paypal.com/us/webapps/mpp/paypal-safety-and-security
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Platform Fees
In return for the use of the Sourcified platform, Sourcified applies a service fee on all transactions made on the Sourcified platform. By using Sourcified platform you agree to pay any service fees applied on the Sourcified platform. Sourcified reserves the right to raise or lower the service fees at our own discretion. If the service fees are updated we will notice members within thirty (30) days with the updated service fees and give reasonable explanation to the change in service fees.
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General Provisions
7.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Sourcified and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Sourcified and you in relation to the access to and use of the Sourcified platform.
7.2 No joint venture, partnership, employment, or agency relationship exists between you and Sourcified as a result of this Agreement or your use of the Sourcified platform.
7.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
7.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
7.5 Sourcified’s failure to enforce any rights or provision in these Terms will not constitute of a waiver of such right or provisions unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by other party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
7.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Sourcified’s prior written consent. Sourcified may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
7.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Sourcified via email, Sourcified platform notification, or messaging service (including SMS or any third party service).
7.8 If your country of residence is in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr
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Modification of these Terms
Sourcified reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revisted Terms on the Sourcified platform and update the “Last Updated” date at the top of these Terms. We will also provide you with the notice of the modifications by email at least sixty (60) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Sourcified platform will constitute acceptance of the revised Terms.
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Feedback
We welcome you to provide feedback, comments and suggestions for improvements to the Sourcified platform (“Feedback”). You may submit Feedback by emailing us or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to your. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.