Terms and Conditions
Part 1 – Booking Service Terms
"Booking Services" means the services set forth in paragraph 4 of this Part 1, which shall be provided to you by Urtle Solutions Limited.
"Service Provider" means a provider of services on a self-employed basis, including any in accordance with the Legislation.
“Service User” means any party or their agent receiving the service from the self-employed service provider by their own request.
"Urtle Solutions Limited" shall mean Urtle Solutions Limited, a private limited company incorporated and registered in England and Wales with company number 1094 4622, whose registered office is at 3 Durrant Road, Bournemouth, Dorset, BH2 6NE.
"Website" shall mean www.urtle.co.uk
- THE PROVISION OF BOOKING SERVICES BY URTLE SOLUTIONS LIMITED.
Urtle Solutions Limited provides to you certain booking services (the "Booking Services"). The Booking Services include:
Accepting bookings requested by you (which include bookings requested in advance by you using the “scheduled" function in the Urtle Website) in accordance with sub-paragraph 3 below, but without prejudice to Urtle Solutions Limited's rights at its sole and absolute discretion to decline any such request and/or cancel an accepted booking;
Identifying suitable Service Providers;
Keeping records of services undertaken;
Receiving and dealing with feedback, questions and complaints relating to bookings accepted by Urtle Solutions Limited, which may be made by email: firstname.lastname@example.org. You are encouraged to provide your feedback if any of the services provided to you by a service provider do not conform to your expectations; and
Managing any positive and negative queries relating to bookings accepted by Urtle Solutions Limited,
in each case in accordance with any relevant provisions of the Legislation.
Pursuant to, and for the purposes of the Legislation, Urtle Solutions Limited accepts bookings at its registered address and/or operating centres and is subject to all statutory and regulatory obligations and liabilities with respect to that activity.
- YOUR SERVICE CONTRACT WITH A SERVICE PROVIDER.
Urtle Solutions Limited is not a Service Provider and does not provide any other service than a booking service. Services are provided to you under a contract (the "Service Contract") between you and the Service Provider that is identified to you in the booking confirmation provided by Urtle Solutions Limited.
Urtle Solutions Limited is not a party to the Service Contract and acts as a disclosed agent for the Service Provider in communicating the Service Provider's agreement to enter into the Service Contract.
The Booking Services are provided by Urtle Solutions Limited to you free of charge. Urtle Solutions Limited reserves the right to introduce a fee for the provision of the Booking Services. If Urtle Solutions Limited decides to introduce such a fee, it will inform you accordingly and allow you to either continue or terminate your access to the Booking Services through the website or such.
The rates that apply for the services provided by the service Provider can be set by the Service User. These may not be modified once a request is made.
- LIMITATION OF LIABILITY.
To the extent permitted by applicable law, Urtle Solutions Limited will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for: any theft or loss of your or any other person's property in connection with the Booking Services or any booking accepted by Urtle Solutions Limited;
- any booking that has not been accepted;
- any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the Urtle Website;
- any losses that could not reasonably be expected to result from our negligence or breach of these Terms and Conditions;
- any loss relating to your business or the business of your employer or any other person;
- any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms and Conditions); or
- any other loss, damage, costs, expenses or liability that you suffer in connection with the Booking Services, save to the extent that Urtle Solutions Limited fails to perform its obligations to you to the standard of a diligent and professional provider of the relevant services.
- If Urtle Solutions Limited is liable to you in connection with the Booking Services, its liability will be limited to an amount equal to £200 in aggregate.
Nothing in these Terms and Conditions will limit or exclude Urtle Solutions Limited's liability to you for personal injury or death caused directly by Urtle Solutions Limited's negligence.
- APPLICABLE LAW.
The Booking Services and the Booking Service Terms set out in this Part 1, and all non-contractual obligations arising in any way whatsoever out of or in connection with the Booking Service Terms shall be governed by, construed and take effect in accordance with the laws of England and Wales.
Any dispute, claim or matter of difference arising out of or relating to the Booking Services or Booking Service Terms is subject to the exclusive jurisdiction of the courts of England and Wales.
- Contractual Relationship
These Terms in Part 2 govern the access or use by you a Service User or your agent, from within any country in the world of applications, websites, content, products, and services (the “Services”) made available by Urtle Solutions Limited, a private limited company established in the United Kingdom, having its offices at 3 Durrant Road, Bournemouth, BH2 6NE under company number 10944662 (“Urtle”). In relation to Bookings, the Services enable you to access the Booking Services provided by Urtle Solutions Limited described in Part 1 above but, for the avoidance of doubt these Terms do not apply to the Booking Services defined and described in Part 1 above.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Urtle. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Urtle may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Urtle will provide you with as much notice as it reasonably can of such termination, cessation or denial, being at least 24 hours notice. However, Urtle reserves the right to terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, immediately at any time without notice if (i) you are in breach of these Terms, (ii) it is impractical to give such notice in the circumstances, or (iii) in Urtle’s opinion, any delay in such termination would expose Urtle or a third party to significant risk of harm or damage.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Urtle may amend the Terms related to the Services from time to time. Amendments will be effective upon Urtle’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
- The Services
The Services constitute a technology platform that enables users of Urtle’s website provided as part of the Services (each, an “Application”) to pre-book and schedule service, with independent third party providers of such services, including independent third party service providers (including Service Providers as defined in Part 1). Unless otherwise agreed by Urtle in a separate written agreement with you, the Services are made available solely for your commercial use. YOU ACKNOWLEDGE THAT URTLE DOES NOT PROVIDE SERVICES OR FUNCTION AS A SERVICE PROVIDER AND THAT ALL SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY URTLE OR ANY OF ITS AFFILIATES.
Subject to your compliance with these Terms, Urtle grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Urtle and Urtle’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Urtle; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content.
The Services and all rights therein are and shall remain Urtle’s property or the property of Urtle’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Urtle’s company names, logos, product and service names, trademarks or services marks or those of Urtle’s licensors.
- Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Urtle certain personal information about your organisation as the service user, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Urtle’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Urtle in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive any service from service providers. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party.
User Provided Content.
Urtle may, in Urtle’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Urtle through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any Service User Content provided by you remains your property. However, by providing User Content to Urtle, you grant Urtle a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Service User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Urtle’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all Service User Content or you have all rights, licenses, consents and releases necessary to grant Urtle the license to the Service User Content as set forth above; and (ii) neither the Service User Content nor your submission, uploading, publishing or otherwise making available of such Service User Content nor Urtle’s use of the Service User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide Service User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Urtle in its sole discretion, whether or not such material may be protected by law. Urtle may, but shall not be obligated to, review, monitor, or remove User Content, at Urtle’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Urtle does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Urtle will use a third party to collect funds, namely “Stripe”. Both Service Users and Service Providers agree to comply with the terms and conditions set up by Stripe which are subject to change. These can be seen here: https://stripe.com/gb/ssa.
You understand that use of the Services may result in charges to you for the services you receive from a Service Provider (“Charges”). After you have received services or goods obtained through your use of the Services, Urtle will facilitate your payment of the applicable Charges on behalf of the Service Provider as disclosed payment collection agent for the Service Provider using . Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Urtle. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Urtle will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated as soon as practicable by Urtle using the preferred payment method designated in your Account, after which Urtle will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Urtle may, as the Third Party Provider’s disclosed payment collection agent, use a secondary payment method in your Account, if available.
As between you and Urtle, Urtle reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Urtle’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand as set out by the Service User. You may elect to cancel your request for services or goods from a Service Provider at any time prior to such Service Provider’s arrival, in which case you may be charged a cancellation fee. The current cancellation policy applicable in the UK can be found at this link.
This payment structure is intended to fully compensate the Service Provider for the services provided. Gratuities are prohibited in all forms between Service Users and Service Providers. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Service Provider.
- Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” URTLE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, URTLE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. URTLE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF SERVICEPROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
URTLE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF URTLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. URTLE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY SERVICEPROVIDER, EVEN IF URTLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. URTLE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND URTLE’S REASONABLE CONTROL. IN NO EVENT SHALL URTLE’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED EUROS (€500).
URTLE’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, LOGISTICS, DELIVERY OR VENDOR SERVICES WITH SERVICEPROVIDERS, BUT YOU AGREE THAT URTLE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOOD, LOGISTICS, DELIVERY OR VENDOR SERVICES PROVIDED TO YOU BY SERVICEPROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Urtle and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Urtle’s use of your User Content; or (iv) your violation of the rights of any third party, including ServiceProviders.
- Governing Law; Arbitration.
Except as otherwise set forth in this Agreement, the Terms contained in this Part 2 of this Agreement shall be exclusively governed by and construed in accordance with the laws of The Netherlands, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Amsterdam, The Netherlands, without prejudice to any rights you may have under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351/1) and/or Article 6:236n of the Dutch Civil Code. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any Service Provider without the express written consent from the other party unless: (i) the disclosure to the Service Provider is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the Service Provider agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
- Other Provisions
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Urtle’s designated agent. Please visit Urtle’s web page at https://www.Urtle.com/legal for the designated address and additional information.
Urtle may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as listed above or on companies house.
You may not assign or transfer these Terms in whole or in part without Urtle’s prior written approval. You give your approval to Urtle for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Urtle’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Urtle or any Service Provider as a result of the contract between you and Urtle or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
References supplied about any Urtle User are done so using exact and factual information. Urtle do not accept any responsibilty for information enclosed within individual references. It is the sole responsibility of each Urtle user to ensure that each reference supplied is exceptable by each employer.
References will be obtained from the previous employer. The previous employer is therefore wholly responsible for the reference content. Urtle requests that all refernces provided are therefore factual.