IWI.EARTH 

TERMS OF SERVICE AND WEBSITE USE.

 

These terms of service and website use (Terms), tell you the rules for using our website iwi.earth (the Website).  Please read these Terms carefully before you start using the Website.

 

• Who we are and how to contact us

 

Iwi.earth is a Website operated by IWI.EARTH LIMITED ("We" “Us” “Our”). We are registered in England and Wales under company number 11477056 and have our registered office at 3 Lower Village, Lower Village, Haywards Heath, RH16 4GR. The Website may be used by visitors and prospective purchasers of services via the Website (“Customers”) and those wishing to advertise their services on the Website (“Suppliers”)

1. The Services we provide

This Website acts as a venue to allow parties to offer, buy and sell services. In some instances, we may offer services ourselves and these Terms apply wherever relevant.

We provide a venue for communication about services listed within the Website and match Suppliers with Customer’s using a number of different matching criteria including the services offered by the Supplier, price, availability and offer payment methods which can be accessed via our Payments Page 

 

The Website offers advertising, marketing and payment information only and the Terms are meant to clarify Our limited role as a publisher of advertising and a venue provider for Suppliers and outline certain limitations regarding Our obligations and liabilities. Your use of the Website and by you clicking the acceptance of terms box below, confirms your understanding and acceptance of these Terms and they shall be effective from that date.

 

Iwi.earth presents advertisements for services on the Website which are uploaded by third parties.  The Suppliers advertisements on the Website do not involve legally binding offers to sell by Us. They are simply a way in which Suppliers may advertise their services to potential Customer on the Website.

 

iwi.earth have no control over the truth or accuracy of the information conveyed or the quality, value or title to the services offered.    

 

We do not advise Suppliers or Customer’s regarding the sale or purchase of services. Accordingly, no agency or fiduciary relationship is intended to be or shall be deemed to have been created between iwi.earth and any Supplier or Customer regarding the use of the Website. Further, we have no opinion regarding the ability of a Supplier to sell specific services nor can we ensure that a Supplier or Customer will complete a transaction.

 

1. Acceptable Use of the Website by Suppliers and Customer

• You agree not to use the Services in any way that is unlawful, or harms iwi.earth, its service providers, suppliers or any other Supplier or Customers (as the case may be). 
• You agree not to impersonate another person or misrepresent your affiliation with another person or entity.
• Except as expressly stated herein, these Terms do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the services on any third-party Websites or otherwise. 
• Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, and/or profile information regarding the sale and purchase of services, underlying images of services, or other data or content available through the Website.
• Your Information and your activities on the Website shall not: 

(a) be knowingly false, inaccurate or misleading; 

(b) be fraudulent; 

(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; 

(d) violate any law, statute, ordinance or regulation; 

(e) contain any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or 

(f) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers

1. Registration Required.

In order to access certain parts of the Website a visitor is required to register as a Customer or a Supplier (as the case may be).  You will be required to disclose certain information to iwi.earth. After validation of the registration, the Customer or Supplier may log in to the relevant sections of the Website which their particular registration allows, to view more information about our services, and perform other functions not available to visitors who are not registered as either Customers or Suppliers. 

 

1. Access to Restricted Information. 

Access to certain data on the Website, including financial instruments,  payment data,  claims,  (collectively referred to as "Restricted Information"), is usually restricted to Suppliers. Suppliers agree to be subject to the additional restrictions and requirements of this clause as a condition of access to this Restricted Information as follows:

5.1 The Suppler hereby represents and warrants to iwi.earth that it has substantial business experience in the sale of the services it advertises on the Website, that it is capable of evaluating the merits and risks associated with the sale of such services and will carry out all due diligence to ensure that those Customers who wish to avail themselves of the services as advertised are provided with a service which complies with all relevant laws, rules and regulations.

5.2 The Supplier agrees to hold in confidence the Restricted Information, in whole or in part, except in connection with those uses that are consistent with the usage granted herein and as disclosed to iwi.earth, its officers, directors or agents who require such disclosure in the performance of their responsibilities, provided that such parties shall acknowledge the confidentiality restrictions contained herein.

5.3 The above restrictions shall not apply to information that is (a) generally available to the public or any relevant trade group; (b) independently developed by a Supplier ; (c) required to be disclosed by law, regulations, or legal process by a court or government agency (but only with respect to the portion of the Restricted Information that is required to be disclosed), provided that prior to any such release, Supplier shall give iwi.earth  prompt notice thereof, and in no event less than ten (10) business days' prior notice of such release both by telephone and in writing, unless such notice is expressly precluded by applicable law or governmental order. Other than were such use is consistent with the rights contained within these Terms, Supplier will not (a) make any unauthorised disclosure of  any portion of the Restricted Information, (b) make any copies of the Restricted Information in any form except in accordance with these Terms, (c) transfer the Restricted Information to any other party other than in accordance with these Terms, (d) commingle or archive the Restricted Information or (e) market the Restricted Information directly or indirectly in any form to anybody. Supplier acknowledges that the remedy at law for any breach by it of these Terms shall be inadequate and that iwi.earth shall also be entitled to injunctive relief.

 

 

5.4 By offering to sell services on the Website the Supplier warrants and undertakes that they have all permissions, rights, licences, power, authority and accreditations to provide, sell or resell the services on the Website and will comply with all relevant laws, whether national or international in relation to the same.

5.5 The Supplier warrants and represents that Supplier has all rights, licences, consents and authority to upload any content including images onto the Website and uploading the same shall not infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party and shall comply with all relevant laws.

 

1. Due Diligence. 

Prospective Customers who wish to purchase services via the Website are advised and encouraged to perform all necessary due diligence before making a purchase; and all parties are advised and encouraged to seek the help and guidance of a legal adviser if in doubt.  Iwi.earth does not carry out any due diligence in respect of any advertisement on the Website and is not responsible for any of the content thereon.

1. Liability For Breach of Terms

If We determine that a Customer or Supplier has breached any provision of these Terms, iwi.earth  may, at their sole discretion, exercise any or all legal or equitable rights or remedies to which they are entitled on account of Customer or Supplier's breach. 

Iwi.earth shall not be deemed to have waived any rights or remedies on account of failure, delay, or forbearance in exercising any such right or remedy in a particular instance.

 

1. Release of Liability and Indemnity 

Iwi.earth’s primary function is to host potential advertisements and services on its Website and the services We provide are expressly limited to this function.   The Customer acknowledges and understands that all of the available information and any information uploaded by a Supplier onto the Website, including Restricted Information, was prepared by third parties other than iwi.earth, and further acknowledges and understands that iwi.earth makes no representation or warranty whatsoever, express or implied, with respect to the content, completeness or accuracy of the information contained on the Website.  

 

The Supplier and the Customer shall defend, and hold harmless iwi.earth and their affiliates from and against any and all claims, demands, causes of action, losses, damages, liabilities, judgments, costs and expenses (including legal fees) incurred by iwi.earth as a result of any breach or failure to comply with the provisions of these Terms by Customer or Supplier or any individual or entity to whom it has disclosed Restricted Information or other confidential information or their use of the Website.

 

Iwi.earth does not accept any liability in respect of any dispute whether legal or otherwise which arises as a result of the content uploaded onto the Website and the Supplier will indemnify iwi.earth and any of its affiliates, our and their officers, directors, agents, subsidiaries, joint ventures and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute

 

The Supplier agrees to indemnify and hold iwi.earth, and its affiliates and subsidiaries, and our and their respective officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or the documents Supplier may incorporate by reference, Supplier’s improper use of iwi.earth's Website, services tools or applications, and/or your violation of any law or the rights of any third party.

 

1. No Warranty. 

Iwi.earth, its officers, directors, employees and suppliers provide this Website and the Services without any warranty or condition express, implied or statutory and disclaim any warranties or implied warranties of title, merchantability, fitness for a particular purpose and non-infringement regarding any of the information on, or the services offered on this Website. 

 

1. Limitation of Liability

In no event shall iwi.earth, its officers, directors, employees or its suppliers be liable for lost profits or any special, incidental or consequential loss or damages arising out of or in connection with this Website, the provision of the services advertised on the Website or these Terms, howsoever arising including negligence.  Iwi.earth’s liability, and the liability of its officers, directors, employees and suppliers to any Customer or Supplier or any third party in any circumstances is limited to £100. These Terms, including this limitation of liability, shall be enforceable by iwi.earth and any of its affiliates. 

 

 

• There are other terms that may apply to you

 

These Terms refer to the following additional terms, which also apply to your use of our Website:

• Our Privacy Policy and Cookie Policy [INSERT AS LINK TO SITE'S PRIVACY POLICY].  See further under How we may use your personal information.

 

• We may make changes to our Website

 

We may update and change our Website from time to time to reflect changes to our products, our Supplier and Customer needs and our business priorities. We will try to give you reasonable notice of any major changes.

 

• We may suspend or withdraw our Website

 

Our Website is made available free of charge.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

 

• You must keep your account details safe

 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us

 

• Making payments

 

You can make card payments through iwi using a secure service (Stripe). Stripe will charge a small fee for this service 

However, if you wish to pay via other means (eg Bank transfer, Paypal etc), the buyer & seller need to mutually agree & pay. We strongly recommend that users use a secure means of payment

iwi cannot be held accountable for any such payments (Refer our Terms of Service) Sellers - Once payment is received, the seller needs to mark "Full Payment received" on the Payment screen to show all payment has been received.

 

• How you may use material on our Website

 

We are the owner or the licensee of all intellectual property rights in our Website, and in the material, we publish on it.  The general layout, look and design of the Website are exclusively owned by iwi.earth. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

• Do not rely on information on this Website

 

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

 

• We are not responsible for websites we link to

 

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those websites or resources.

 

• Supplier generated content is not approved by us

 

This Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.

 

• How to complain about content uploaded by other users

 

If you wish to complain about content uploaded by other users, please contact us on contactus@iwi.earth

 

• How we may use your personal information

 

We will only use your personal information as set out in our Privacy Policy.

 

• Uploading content to our Website

 

Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in our Clause 3 (Acceptable Use) of these Terms.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content You upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Website a limited licence to use, store and copy that content and to distribute and make it available to third parties in accordance with these Terms. 

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in Clause 3 (Acceptable Use).

You are solely responsible for securing and backing up your content.

 

Inappropriate content - We have a 3rd party service (Membrace) connected to the site that uses AI technology to identify any inappropriate content (as defined by Membrace). These checks are limited to the following public facing content - User profile pictures, user profile description, job description. Any inappropriate content detected will result in the suspension of the user’s account, following which they will need to contact Customer support (contactus@iwi.earth) to appeal. Final decision rests with the Customer Service team management

Any content that is specific between users (eg job details released to a user, conversations etc) are not audited by this service. In case a user deems any of these to be offensive or inappropriate, they should contact Customer support (contactus@iwi.earth) to report such content  

 

 

• Rights you are giving us to use material you upload

 

When you upload or post content to our Website, you grant us the right to use that content to advertise services in accordance with these Terms.

 

• We are not responsible for viruses, and you must not introduce them

 

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website. You must not use automation software, hacks, modifications, use any robot, spider, crawlers or other automatic device, process or software or queries that intercept, scrapes or otherwise accesses the Website to monitor, extract, copy or collect information or access data from or through the Website or use any other unauthorised third-party software designed to modify the Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

 

• Rules about linking to our Website

 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Website in any website that is not owned by you.

Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in Clause 3 (Acceptable Use).

 

26. Validity of seller certificates

Some services advertised on the site require a Certificate to be uploaded. These are clearly marked against the said Services in the Registration process as a Seller. We will conduct checks for the validity of "UK certificates only", not for certificates of any other issuing country

 

27. Which country's laws apply to any disputes?

These terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.