Terms and Conditions
Hey there and welcome to Favorey. We know Terms and Conditions can be boring and a long winded read, however you’ll find some useful tips and information here. Please contact us if, after reading these Terms, you have further questions. Thanks for connecting and keeping the trust alive.
The Favorey Terms & Conditions provide a guideline to help you understand Favorey and your own obligations and responsibilities on the Favorey Platform. Favorey provides a Task Contract to enable Users to understand their contractual rights and obligations when performing or receiving Services.
User Agreement: www.favorey.com
Favorey operates an online and App platform allowing Users to connect through the Favorey Platform with other Users who provide Services.
Please read these Terms and all Policies including the
carefully before using the Favorey Platform.
These Policies are incorporated into these Terms by reference.
All defined terms in these Terms have the meaning given to them in the Favorey Glossary.
1. AMENDMENTS OF TERMS
In order to give our Favorey Users the best, we are always looking to improve. Therefore, our Terms may need to change from time to time along with our Services. We’ll keep you posted by placing a notice on the Favorey website (www.favorey.com), by contacting our Users via the email, and/or by other relevant means. If you’re not happy with our new Terms (no doubt you won't be), you are welcome to reject them, however that means you will no longer be able to use the Services. If you use the Services in any way after a change has been made to the Terms, it means you agree to all of the changes that have been made and are bound by them. Except for changes made by us as described here, no other amendment or modification of these Terms will be effective unless communicated to our Users and agreed by our Users as described above.
2. ABOUT FAVOREY
Favorey is a new social app. By using the Favorey app, people who need help or services, will now be able to get a direct introduction to trusted providers that their friends and family endorse. Favorey users can request services, receive offers, negotiate terms, all from within the mobile application.
University of East London
Knowledge Dock, LAB 110-115
4-6 University Way
London E16 2RD, UK
Office Telephone. +44 (0) 287 06 0015
Company Registration: 10229233
VAT Number: 262 4298 95
3. USER ELIGIBILITY
Users must be at least 18 years old and able to enter into legally binding contracts to access and use the Favorey Platform or register a Favorey Account. By accessing or using the Favorey Platform the User represents and warrants that he/she is 18 years of age or older and have the legal capacity and authority to enter into a binding contract. If the User agrees to these Terms on behalf of an organisation or entity, the User represents and warrants that he/she is authorised to agree to these Terms on behalf of that organisation or entity and, therefore, bind them to these Terms (in which case, herein, references to “you” and “your” in these Terms, will refer to that organisation or entity). We do not knowingly collect or solicit personal identifiable information from people under 18 years of age. If the User is under 18 years of age, please do not attempt to register for the Services or send any personal information about yourself to us. If we become aware that we have collected personal information from someone under 18 years of age, we will delete that information altogether. If the user believes that someone under 18 years of age has provided us with personal information, please contact us immediately.
4. USER RESPONSIBILITIES AND DUTIES
4.1The materials displayed or performed or available on or via the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User’s inputs as well as others are protected by copyright and/or other intellectual property laws. The User agrees to abide by all copyright notices, trademark rules, information, and restrictions contained in any information you access via the Services, and will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any information not owned by you, without the prior consent of the owner of that information or in a way that violates someone else’s rights (including our rights).
4.2The User understands that we are the owners of the Services. The User will not modify, publish, transmit, participate in the transfer or sale of, reproduce creative equivalent works based on, or otherwise exploit any of the Services. We may allow you to copy or download certain information, however, bear in mind that all of the restrictions related to the User which pertain to this document do still apply.
4.3Anything the User posts, uploads, shares, stores, or otherwise provides through the Services is the “User information.” Some User’s information are viewable by other Users. In order to display your User information on the Services and allow other U
4.4With regards to all your User information, you, hereby, grant us the right to translate, modify and reproduce and, otherwise, act with respect to such User information, in each case to enable us to operate the Services. Please note that the ownership of your information is not affected, however, Users may not assign or transfer their rights or obligations under these Terms in any way without our written permission.
4.5If you, the User, store your User information in your own personal Favorey account, in a way that is not viewable by any other user except you, you grant us the rights as above, as well as rights to display, perform, and distribute your User information for the sole purpose of making that information accessible to you and to provide the Services necessary to do so.
4.6If you, the User, share your User information in a way that only certain specified Users can view it, then you grant us the rights as above, as well as to display, perform, and distribute your specified User information for the sole purpose of making that specified User information accessible to such other specified Users, and providing the Services necessary to do so. In addition, you grant, or allow us to grant, such other specified Users the rights to access that specified User information and to Use and exercise all rights in it, as permitted by the functionality of the Services.
4.7The User agrees that the rights he/she is granting us with are royalty-free, perpetual, sub-licensable, irrevocable and worldwide accessible provided that when he/she deletes his/hers Favorey account, we will stop displaying his/her User information to other Users (if applicable), however, the User must note and agree that it may not be possible to completely delete the User information from our records, and that it may remain viewable elsewhere if they were copied or stored by other Users.
4.8The User must note and agree that we, in performing the required technical steps to provide the Services to our Users (including you), may need to make changes to his/her User information to conform and adapt these to the technical requirements of the network connection, devices, services, or media and, therefore these rights are herewith included.
4.9None-of-the-less, the User agrees that we may identify him/her or his/her organisation and use his/her profile or User information, including logos which are posted on the Services, the Favorey website and in our marketing materials to identify him/her or his/her organisation as a User of the Services, and he/she hereby grant us a non-exclusive, royalty-free rights to do so on the Services, our website or in any media now or later developed in connection with any marketing, promotion or advertising of Favorey or the Services.
5. USE OF SERVICES
Our Services are intended for any Users’ own use and not on behalf of or for the benefit of any third party, and only in a manner that complies with the laws that apply to you the User. If your Use of our Services is prohibited by applicable laws, then you aren’t authorised to use our Services. We can’t and won’t be responsible for your using of our Services in a way that infringes any law, anywhere in the world.
Infringement of any of the above gives us grounds for termination of your right to use or access the Services.
6. SCOPE OF THE FAVOREY SERVICE
6.1 Favorey provides the Favorey Platform to enable Favorey Posters to publish Posted Tasks on the Favorey wall;
6.2 Favorey Doers may make an Offer in response to a Posted Task. Parts of Offer details may be made publicly available, including to
internet users who are not Users;
6.3 A Favorey Poster may revoke or modify a Posted Task at any time before he/she accepts an Offer. Favorey reserves the right to cancel all Offers on a Posted Task made prior to the modification or amendment;
6.4 If a Favorey Poster accepts an Offer on the Favorey Platform, a Task Contract is created between the Favorey Doer and the Favorey Poster;
6.5 Upon creation of a Task Contract, the Favorey Poster must pay the Task Payment into Escrow Account;
6.6 Upon creation of the Task Contract, Favorey has rendered Favorey Services and the Fees are due and payable;
6.7 Once the Task Contract is created, the Favorey Doer and the Favorey Poster may vary the Task Contract on the Favorey Platform. The Favorey Poster and Favorey Doer are encouraged to use Favorey 's private messaging system to amend or vary the Task Contract or to otherwise communicate;
6.8 The Favorey Doer must perform the Services required under the Task Contract;
6.9 Once the Services are complete, the Favorey Doer must provide notice of that on the Favorey Platform;
6.10 Once the Services are complete, the Favorey Poster must provide notice of that on the Favorey Platform;
6.11 Once the Posted Task has been completed and the Favorey Poster confirms the Services are completed, or if Favorey is satisfied the Services have been completed, the Doer Payment will be released from the Escrow Account;
6.12 After the Task Contract is completed, the parties are encouraged to review and provide feedback of the Services on the Favorey Platform;
6.13 Favorey may provide a feature enabling Users to request Services based on another User's skills, reputation or other attributes. When this occurs, that User will be automatically notified of the new Posted Task, and that the Job Poster would like the User to make an Offer to supply Services. However, that User will not have any further special rights and will need to follow the normal offer process to become the Favorey Doer for the Posted Task.
7. FAVOREY'S ROLE AND OBLIGATIONS
7.1 Favorey provides the Favorey Platform only, enabling Users to publish Posted Tasks and make Offers on Posted Tasks;
7.2 Favorey only permits individuals over 18 years of age to become Users;
7.3 Users must be natural persons, but can specify within their account description that they represent a business entity;
7.4 At its absolute discretion, Favorey may refuse to allow any person to register or create an account with Favorey or cancel or suspend any existing account;
7.5 Registering and creating an account with Favorey is free. There is no charge for a Job Poster to post tasks, or for other Favorey Users to review content on the Favorey Platform, including Posted Tasks;
7.6 Favorey accepts no liability for any aspect of the Favorey Poster and Favorey Doer interaction, including but not limited to the description, performance or delivery of Services;
7.7 Favorey has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Favorey Doers to perform tasks or supply items, or the honesty or accuracy of any information provided by Favorey Posters or the Favorey Posters' ability to pay for the Services requested;
7.8 Except for liability in relation to any Non-excludable Condition, the Favorey Service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law;
7.9 Favorey has no obligation to any User to assist or involve itself in any dispute between Users although may do so to improve User experience.
8. USER OBLIGATIONS
8.1 You will at all times:
(a) comply with these Terms and Conditions (including all Policies) and all applicable laws and regulations;
(b) only post accurate information on the Favorey Platform;
(c) promptly and efficiently perform obligations to other User under a Task Contract; and
(d) ensure that You are aware of any laws that apply to You as a Favorey Poster or Favorey Doer, or in relation to using the
8.2 You agree that any content (whether provided by Favorey, a User or a third party) on the Favorey Platform may not be used on third party sites or for other business purposes without Favorey 's prior permission;
8.3 You must not use the Favorey Platform for any illegal or immoral purpose;
8.4 You must maintain control of Your Favorey account and must not deal your account in any way, including by allowing others to use Your account, or by transferring or selling Your account or any of its content to another person;
8.5 You grant Favorey an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Favorey Platform for the purpose of publishing material on the Favorey Platform and as, otherwise, may be required to provide the Favorey Service, for the general promotion of the Favorey Service, and as permitted by these Terms and Conditions;
8.6 You agree that any information posted on the Favorey Platform must not, in any way whatsoever, be potentially or actually harmful to Favorey or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Favorey;
8.7 Without limiting any provision of these Terms and Conditions, any information You supply to Favorey or publish in a Posted Task must be up to date and kept up to date and must not:
(a) be false, inaccurate or misleading or deceptive;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, anti-discrimination and trade practices/fair trading laws);
(e) be defamatory, libellous, threatening or harassing;
(f) be obscene or contain any material that, in Favorey 's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Favorey Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
8.8 Favorey Platform may from time to time engage location-based or map-based functionality. The Favorey Platform may display the location of Job Posters and Favorey Doers to persons browsing the Favorey Platform. Each Favorey Poster will be asked to provide the exact location where the Services are to be delivered. A Favorey Poster should never disclose personal details such as the Favorey Poster's full name, street number, phone number or email address in a Posted Task or in any other public communication on the Favorey Platform;
8.9 If You are a Favorey Doer, You must have the right to provide Services under a Task Contract and to work in the UK. You must comply with tax and regulatory obligations in relation to any payment (including a Doers Payment) received under a Task Contract;
8.10 Favorey Doers must provide Services to Favorey Posters in accordance with the Task Contract, unless the Services are prohibited by law, this Agreement, an agreement between the User and a Third Party Provider or by any of our Policies;
8.11 You must not, when supplying Services, charge a Favorey Poster Fees on top of the Doer Payment;
8.12 You must not request payments outside of the Favorey Platform from the Job Poster except to the extent permitted by clause 8.13 and only if the Favorey Platform does not facilitate the reimbursement via the Escrow Account of costs considered in clause 8.13.
8.13 If a Favorey Doer agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Favorey Doer is solely responsible for obtaining any reimbursement from the Favorey Poster. Favorey advises Favorey Doers not to agree to incur costs in advance of the Task Payment unless the Favorey Doer is confident the Favorey Poster will reimburse the costs promptly.
8.14 If Favorey determines at its sole discretion that You have breached any obligation under this clause 8, it reserves the rights to remove any content, Posted Task or Offer You have submitted to the Favorey Service or cancel or suspend Your account and/or any Task Contracts.
9. FORBIDDEN USE
The Service shall be used only in accordance with the Terms outlined in this document. Users, under no circumstances, may not:
9.1 Infringe or violate the intellectual property rights or any other rights of anyone else (including ours);
9.2 Violate any law (anywhere in the world) or regulation;
9.3 Violate the security of any computer network, or cracks any passwords or security encryption codes;
9.4 Be harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
9.5 Jeopardise the security of your User account or anyone else’s (such as allowing someone else to log in to the Favorey App as the User);
9.6 Attempt, in any way, to obtain the password, account, or other security information from any other User;
9.7 Run any programs, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while You are not logged into the Services or that interferes with the proper working of the Services including placing an unreasonable load on the Services’ infrastructure;
9.8 Use any robot, crawl, scrape or spider any page, data, or portion of or relating to the Services or its content, use a site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Service or its content;
9.9 Copy or store any significant portion of the Services content or any other Favorey content;
9.10 Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
Infringement of any of the above gives us grounds for termination of your right to use or access the Services.
10.1 Upon the creation of a Task Contract, the Users owe Favorey the Fees. Fees will automatically be deducted from their Favorey Wallet and held in the Escrow Account;
10.2 If the Posted Task requires a Favorey Doer to incur costs in completing the Services, the cost incurred will not be included in any calculation of Fees;
10.3 Fees do not include any fees that may be due to Third Party Service providers. All Third Party Service providers are paid pursuant to a User's separate agreement with that Third Party Service provider;
10.4 Favorey may from time to time change the Fees and the terms applying to their payment. Any change relating to the Fees is effective fourteen (14) days after Favorey notifies You of that change by sending a message to your Favorey account, or by notifying You the next time you login to the Favorey Platform;
10.5 Favorey may choose to temporarily modify the Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to Your account;
10.6 All Fees and charges payable to Favorey are non-cancellable and non-refundable, subject to Your rights under any Non-Excludable Conditions;
10.7 If Favorey introduces a new service on the Favorey Platform, the Fees applying to that service will be payable as from the launch of the service.
11. PAYMENTS AND REFUNDS
(a) the Favorey Poster and the Favorey Doer mutually agree to cancel the Task Contract; or
(b) following reasonable attempts by a Favorey Poster to contact an Favorey Doer to perform the Task Contract, the Task Contract is cancelled;
(c) Favorey is satisfied that the Task Payment should be returned to the Favorey Poster,
(d) Favorey will pay the Favorey Doer Payment held in the Escrow Account to the Favorey Poster. Favorey may also pay to the account of the Favorey Poster, on behalf of the Favorey Doer, an additional amount equivalent to the Fees collected in connection with the Task Contract;
11.2 Any amount paid by Favorey on behalf of a Favorey Doer under clause 11.1 will be a debt owed by the Favorey Doer to Favorey;
11.3 If, for any reason, a Doer Payment cannot be transferred or otherwise made to the Favorey Doer or returned to the Favorey Poster (as the case may be) or no claim is otherwise made for a Doer Payment, the Doer Payment will remain in the Escrow Account until paid or otherwise for up to three months from the date the Favorey Poster initially paid the Task Payment into the Escrow Account;
11.4 Following the 3 months referred to in clause 11.3, and provided there is still no dispute in respect of the Favorey Doer Payment, the Doer Payment will be automatically converted to a Stored Value Card or line of credit and credited to the Favorey Poster.
12. BUSINESS PARTNERS
12.1 Favorey may enter into agreements with Business Partners and may seek to engage Favorey Doers in the provision of Business Services. Favorey Doers who agree to perform Business Services for Business Partners acknowledge and agree that Favorey and the Business Partner may on-sell Services supplied to third parties for an increased fee;
12.2 Business Partners may require Favorey Doers providing Business Services to be approved or hold particular qualifications. Favorey may assist Business Partners to locate suitably qualified Favorey Doers. Favorey makes no warranty that it will promote any or all suitably qualified Favorey Doers to Business Partners;
12.3 Business Partners may require Favorey Doers to enter into a Business Partner Contract before providing Business Services.
12.4 Where a Favorey Doers accepts a Posted Task with a Business Partner:
(a) the Favorey Doers must provide Business Services to the Business Partner in accordance with the Task Contract and any applicable Business Partner Contract; and
(b) the terms of the Business Partner Contract will prevail to the extent of any inconsistency.
13. PAYMENT FACILITY
7.1 Favorey may use an Escrow Provider to operate the Escrow Account;
7.2 In so far as it is relevant to the provision of the Escrow Account, the terms of the Escrow Provider are incorporated into these Terms and will prevail over these Terms to the extent of any inconsistency in relation to the provision of the Escrow Account.
14. THIRD PARTY SERVICES
14.1 Favorey may from time to time include Third Party Services on the Favorey Platform. These Third Party Services are not provided by Favorey;
14.2 Third Party Services are offered to Users pursuant to the third party's terms and conditions. Third Party Services may be promoted on the Favorey Platform as a convenience to our Users who may find the Third Party Services of interest or of use;
14.3 If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider;
14.4 Favorey makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Favorey Platform, Users may inform Favorey of their Third Party Service experience
. (Link to support field form)
15. VERIFICATION & BADGES
15.1 Favorey may use Identity Verification Services;
15.2 You agree that Favorey Identity Verification Services may not be fully accurate as all Favorey Services are dependent on User-supplied information and/or information or verification services provided by third parties;
15.3 You are solely responsible for identity verification and Favorey accepts no responsibility for any use that is made of a Favorey Identity Verification Service;
15.4 Favorey Identity Verification Services may be modified at any time;
15.5 The Favorey Platform may also include a User-initiated feedback system to help evaluate Users.
15.6 Favorey may make Verification Icons available to Favorey Doers. The available Verification Icons can be requested by the Favorey Doers via the Favorey Platform, and arranged on behalf of the Favorey Doer and issued by Favorey, for a fee. Obtaining a Verification Icon may be subject to the provision of certain information or documentation by the Favorey Doer and determined by Favorey or a third party verifier subject to its terms. It remains the Favorey Doer’s responsibility to ensure that information or documentation it provides in obtaining a Verification Icon is true and accurate and must inform Favorey immediately if a Verification Icon is no longer valid;
15.7 Favorey may, at its discretion, issue Favorey Badges to Favorey Doers for a fee;
15.8 The issue of a Verification Icon or Favorey Badge to a Favorey Doer remains in the control of Favorey and the display and use of a Verification Icon or Favorey Badge is licensed to the Favorey Doer for use on the Favorey Platform only. Any verification obtained as a result of the issue of a Verification Icon or Favorey Badge may not be used for any other purpose outside of the Favorey Platform;
15.9 Favorey retains the discretion and right to not issue, or remove without notice, a Verification Icon or Favorey Badge if You are in breach of any of the terms of these Terms, the Verification Icon or Favorey Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Favorey.
16.1 Favorey may offer its Users an opportunity to obtain insurance for certain Task Contracts. All such insurance will be offered by a third party. Any application and terms and conditions for such third party insurance will be available at the Favorey website when they are available. Favorey confirms that all insurance policies are Third Party Services and subject to further terms set out for Third Party Services;
16.2 Favorey does not represent that any insurance offered via the Favorey Platform is adequate or appropriate for any particular User. Each User must make its own enquiries about whether any further insurance (such as doers compensation insurance) is required;
16.3 Favorey, may also take out some accidental property and injury insurance itself and that insurance may extend cover to Favorey Doers for certain types of work. You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Favorey Doer, and the insurance taken out by Favorey (if any) responds to that claim then this clause applies. If a claim is made against a Favorey Doer, Favorey may elect to make a claim under such policy and if the claim is successful, the Favorey Doer reserves its right to recover any excess or deductible payable in respect of the claim from the Favorey Doer. Where Favorey makes a claim and the insurer assesses that the Favorey Doer is responsible, Favorey is entitled to rely on that assessment. If you do not pay any excess due under this clause, Favorey may also elect to set this amount off some or all of the excess paid by it against future moneys it may owe to the Favorey Doer;
16.4 The Favorey Doer acknowledges and agrees that in the event that a claim is made relating to any services performed and/or goods provided by a Favorey Doer, and the insurance taken out by the Favorey Doer (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. Favorey may elect to pay an amount to settle the claim. To the extent that the Favorey Doer was or would be liable for the amount of the claim, the amount paid by Favorey may be recovered by Favorey from the Favorey Doer. Favorey may also elect to set this amount off against future moneys it may owe to the Favorey Doer.
17.1 You can complain about any comment made on the Favorey Platform using the 'Report' function of the Favorey Platform or contact Favorey via the Favorey Platform;
17.2 Favorey is entitled to suspend or terminate Your account at any time if Favorey, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other Favorey Users.
18. LIMITATION OF LIABILITY
18.1 Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law Favorey specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Job Posters and Favorey Doers;
18.2 Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Favorey specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service Provider who may be included from time to time on the Favorey Platform;
18.3 Except for liability in relation to a breach of any Non-excludable Condition, Favorey's liability to any User of the Favorey Service is limited to the total amount of payment made by that User to Favorey during the twelve month period prior to any incident causing liability of Favorey, or $50, whichever is greater;
18.4 Favorey's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
20. MODIFICATIONS TO THE TERMS
20.1 Favorey may modify these Terms or the Policies (and update the Favorey pages on which they are displayed) from time to time. Favorey will send notification of such modifications to Your Favorey account or advise You the next time You login;
20.2 When You actively agree to the terms (for example, by clicking a button saying "I accept") or use the Favorey Platform in any manner, including engaging in any acts in connection with a Task Contract, the modified terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You;
20.3 If You do not agree with any changes to these (or any of our Policies), You must notify Favorey who will terminate your Favorey account, and stop using the Favorey Services. Except as specifically described in or authorised by these Terms, the Terms and any Favorey Policy cannot be amended except in writing signed by You and Favorey.
21. NO AGENCY
21.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by these Terms. In particular You have no authority to bind Favorey, its related entities or affiliates in any way whatsoever. Favorey confirms that all Third Party Services that may be promoted on the Favorey service are provided solely by such Third Party Service providers. To the extent permitted by law, Favorey specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non performance of such Third Party Service.
22.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Favorey's contact address as displayed on the Favorey Platform, or to the Favorey Users' contact address as provided at registration. Any notice shall be deemed given:
(a) if sent by email, 24 hours after email is sent, unless the Job Poster is notified that the email address is invalid or the email is undeliverable; and
(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside of the UK. In this section, "Business Day" means a day on which banks are open for general business in the UK, other than a Saturday, Sunday or public holiday.
22.2 Notices related to performance of any Third Party Service must be delivered to such Third Party as set out in Third Party Service Provider terms and conditions.
23. MEDIATION AND DISPUTE RESOLUTION
23.1 Favorey encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Favorey may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute;
23.2 Favorey may provide access to a Third Party Dispute Service. If such a service is provided, either party may require the other party to submit the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Favorey confirms that Third Party Dispute Service is a Third Party Service and subject to further terms set out for Third Party Services. The Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions;
22.3 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service Provider;
22.4 Favorey has the right to hold any Task Payment the subject of a dispute in the Escrow Account, until the dispute has been resolved;
22.5 If You have a complaint about the Favorey Service please contact us immediately;
22.6 If Favorey provides information of other Favorey Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Favorey against any claims relating to any other use of information not permitted by these Terms.
24.1 Either You or Favorey may terminate your account and this Agreement at any time for any reason;
24.2 Termination of this Agreement does not affect any Task Contract that has been formed between Favorey Users. If You have entered a Task Contract You must comply with the terms of that Task Contract including providing the Services or paying the Task Payment as applicable;
24.3 Third Party Services are subject to Third Party Service provider terms and conditions;
24.4 Sections 10 (Fees), 18 (Limitation of Liability) and 23 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement;
24.5 If Your account or this Agreement are terminated for any reason then You may not without Favorey consent (in its absolute discretion) create any further accounts with Favorey and we may terminate any other accounts You operate.
25.1 This Terms are governed by the laws of London, United Kingdom. You and Favorey submit to the exclusive jurisdiction of the courts of London, United Kingdom;
25.2 The provisions of these Terms are severable, and if any provision of these Terms are held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable;
25.3 These Terms may be assigned or novated by Favorey to a third party without your consent. In the event of an assignment or novation User will remain bound by these Terms.
25.4 These Terms set out the entire understanding and agreement between User and Favorey with respect to its subject matter.
The terms used in this Task Contract have the meaning set out in the Favorey Glossary. A Task Contract is created in accordance with the Favorey Agreement. The Favorey Poster and the Favorey Doer enter into this Task Contract on the following terms:
1 COMMENCEMENT DATE AND TERM
1.1 This Task Contract is created when the Favorey Poster accepts the Favorey Doer's Offer on a Posted Task to provide Services.
1.2 This Contract will continue until terminated in accordance with clause 7.
2.1 The Favorey Doer will perform Services in a proper and workmanlike manner.
2.2 The Favorey Doer must perform the Services at the time and location agreed.
3.1 Each party warrants that the information provided in the creation of this Task Contract is true and accurate.
3.2 The Favorey Doer warrants that he/she has the right to work and provide Services and hold relevant licences in the United Kingdom.
3.3 The parties incorporate the Consumer Guarantees into this Task Contract, even if they are not already incorporated by law.
4 PAYMENT OR CANCELLATION
4.1 Upon the creation of this Task Contract, the Favorey Poster must pay the Task Payment into the Escrow Account.
4.2 Upon the Services being completed, the Favorey Doer will provide notice on the Favorey Platform.
4.3 The Favorey Poster will be prompted to confirm the Services are complete. If the Favorey Doer has completed the Services in accordance with clause 2, the Favorey Poster must use the Favorey Platform to release the Favorey Doer's Payment from the Escrow Account.
4.4 If the parties agree to cancel this Task Contract, or the Favorey Poster is unable to contact the Favorey Doer to perform the Task Contract, the Favorey Doer Payment will be dealt with in accordance with the User Agreement.
5 LIMITATION OF LIABILITY
5.1 Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or this Task Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
5.2 The liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Task Payment.
6.1 If a dispute arising between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).
6.2 If the parties are unable to resolve the dispute in accordance with clause 6.1, either party refer the dispute to the Third Party Dispute Service and act in accordance with the Third Party Dispute Service's terms and conditions.
7 TERMINATION OF CONTRACT
This Task Contract will terminate when:
(a) the Services are completed and the Task Payment is released from the Escrow Account;
(b) a party is terminated or suspended from the Favorey Platform, at the election of the other party;
(c) when otherwise agreed by the parties or the Third Party Dispute Service; or
(d) notified by Favorey in accordance with the party's Favorey Agreement.
8 APPLICATION OF POLICIES
The parties incorporate by reference the applicable Policies.
9 GOVERNING LAW
This Task Contract is governed by the laws of the United Kingdom. The parties submit to the exclusive jurisdiction of United Kingdom.
"Agreement" means the most updated version of the agreement between Favorey and a User.
" Favorey " "we" "us" "our" means Favorey Ltd 10229233
" Favorey Badge" means a badge that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by Favorey.
" Favorey Platform" means the Favorey website at
, the Favorey app, and any other affiliated platform that may be introduced from time to time.
" Favorey Services" means the service of providing the Favorey Platform.
" Favorey Doer" means a User who provides Services to Favorey Posters.
"Business Partner Contract" means a contract between a Business Partner and an Favorey Doer to perform Business Services.
"Business Partner" means the business or individual that enters into an agreement with Favorey to acquire Business Services.
"Business Services" means Services provided by a Favorey Doer to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner's customer).
"Consequential Loss" means any loss, damage or expense recoverable at law:
(a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
(b) which is a loss of:
a. opportunity or goodwill;
b. profits, anticipated savings or business;
c. data; or
d. value of any equipment,
and any costs or expenses incurred in connection with the foregoing.
"Consumer Guarantees" means the consumer guarantees contained in Part 3-2
"Escrow Account" means the escrow account.
"Escrow Provider" means an entity that manages the Escrow Account.
"Fees" means all fees payable to Favorey by Users including the Service Fee.
"Identify Verification Services" means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, Favorey Badges and Verification Icons.
"Favorey Poster" means a User that posts on the Favorey Platform in search of particular Services.
"Marketing Material" means any updates, news and special offers in relation to Favorey or its Third Party Services.
"Non-excludable Condition" means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
"Offer" means an offer made by an Favorey Doer in response to a Posted Task to perform the Services.
"Posted Task" means the Job Poster's request for Services, and includes the deadline for completion, price and description of the Services to be provided.
"Reference" means a feature allowing a User to request other Users to post a reference on the Favorey Platform endorsing that User.
"Services" means the services to be rendered as described in the Posted Task, including any variations or amendments agreed before or subsequent to the creation of a Task Contract.
"Service Fee" means the fee payable by the Favorey Doer as consideration for Favorey connecting the Favorey Doer with the Favorey Poster, being five (5) percent of the Task Payment.
"Site" means the website at
"Take Down Notice" means any such request for Favorey to remove content on the Favorey Platform due to a claim of copyright infringement.
"Task Contract" means the separate contract which is formed between a Favorey Poster and an Favorey Doer for Services, the terms of which is including in Appendix A to the Agreement.
"Task Payment" means the payment into the Escrow Account made by the Favorey Poster at the agreed price for Services (including any variation) but does not include any costs incurred by the Favorey Doer when completing Services which the Favorey Poster agrees to reimburse.
"Third Party Dispute Service" means a third party dispute resolution service provider used to resolve any disputes between Users.
"Third Party Services" means the promotions and links to services offered by third parties as may be featured on the Favorey Platform from time to time.
"User" means the person who has signed up to use the Favorey Platform, whether as the Favorey Poster, Favorey Doer, or otherwise.
"Verification Icons" means the icons available to be displayed on a User's profile and any such posts on the Favorey Platform to confirm details internally verified by Favorey such as a User's qualification, license, certificate or other skill.
"Doer Payment" means the Task Payment less any Fees.
Rules of Interpretation:
In the Favorey Agreement and all Policies, except where the context otherwise requires:
(a) the singular includes the plural and vice versa, and a gender includes other genders;
(b) another grammatical form of a defined word or expression has a corresponding meaning;
(c) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
(d) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(e) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(f) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
(g) headings are for ease of reference only and do not affect interpretation;
(h) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
(i) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.
Users determined as Service Providers, are solely responsible for all issues relating to such goods or services that he/she offers, including without limitation, any services, pricing, order fulfilment, order or appointment cancellation, returns, refunds and adjustments, rebates, functionality and warranty, and feedback concerning experiences with such User, any personnel, their policies or processes. We reserve the right, but shall have no obligation, to, in its discretion, make refunds or provide promotional credits, or arrange for the Escrow Provider to do the same.
We welcome and encourage users to provide feedback, comments and suggestions for improvements to the Service, our website and these Terms (“Feedback“). You may submit Feedback by emailing us, via our contact information contained in this document, or by other means of communication. You acknowledge and agree that all Feedback You give us will be the sole and exclusive property of Favorey and You hereby irrevocably assign to Favorey and agree to irrevocably assign to Favorey all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights You may have in such Feedback. At our request and expense, You will execute documents and take such further acts as we may reasonably request to assist Favorey to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.