Terms & Conditions
Terms and Conditions of Use
This page (together with the documents referred to on it) explains the terms of use (the ‘Terms & Conditions of Use’) on which you may make use of our application for mobile devices. Please read these Terms & Conditions of Use carefully before you download, install or use the UMO app. By downloading, installing or using the app, you indicate that you accept these Terms & Conditions of Use and that you agree to abide by them. Your download, installation or use of the app constitutes your acceptance of these Terms & Conditions of Use which takes effect on the date on which you download, install or use the app. If you do not agree with these Terms & Conditions of Use, you should cease downloading, installing or using the app immediately.
UMO is a Platform
The UMO Website and Software are a communications platform and app ("Platform" and “App”) for enabling the connection between individuals seeking to obtain services (such as tour guiding, home cleaning, outdoor gardening, house and/or pet-sitting, tutoring/instructing, but not limited to) and/or individuals seeking to provide services (such as tour guiding, home cleaning, outdoor gardening, house and/or pet-sitting, tutoring/instructing, but not limited to). UMO Online Marketplace CC does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such service providers. When interacting with service providers you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. By using the Services, you agree to hold UMO Online Marketplace CC free from the responsibility for any liability or damage that might arise out of the transaction involved. Neither UMO Online Marketplace CC nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the Services. UMO Online Marketplace CC and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the Services.
UMO Online Marketplace CC and its mobile app is an informational service and not a services provider nor an employment agency/company. Services are provided by third parties. By using a service provider who is offering their services through the UMO app, you agree and understand that such service provider is an independent contractor. The fact that such service provider markets their service through the app does not in any way create, establish or set up any agency, partnership or employment relationship between UMO Online Marketplace CC and such service provider.
In the clauses above, you take on certain risks, liabilities and responsibilities, of which UMO Online Marketplace CC is excluded. You are responsible for taking all security measures when engaging with a service provider.
Representations & Warranties
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. UMO Online Marketplace CC is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset.
By using the UMO Online Marketplace CC Software or the Service, you agree that:
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You will only use the Service or Software for lawful purposes; you will not use the Service for sending or storing any unlawful material or for fraudulent purposes.
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You will not use the Service or Software to cause nuisance, annoyance or inconvenience.
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You will not impair the proper operation of the network.
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You will not try to harm the Service or Software in any way whatsoever.
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You will not copy, or distribute the Software or other content without written permission from the UMO Online Marketplace CC.
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You will only use the Software and Service for your own use and will not resell it to a third party.
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You will keep secure and confidential your account password or any identification provided to you which allows access to the Service.
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You will provide us with whatever proof of identity UMO Online Marketplace CC may reasonably request.
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You will only use an access point or data account that you are authorized to use.
Information submitted by users and personal information
By submitting any information to us under this Agreement and/or by means of the Website or the Software, you warrant that you are entitled to use that information for the purpose for which it was submitted, and that UMO Online Marketplace CC may use it for such purpose. You also agree that you will ensure that all such information is and is kept accurate and up-to-date at all times. To the extent allowed by law, it is your responsibility to keep your user credentials (including any passwords) secure, and UMO Online Marketplace CC is entitled to rely on any actions taken on your account, for example submissions and/or changes to information, as having been done, or authorized to be done, by you, and UMO Online Marketplace CC will not be liable for any loss or damage which you may suffer due to unauthorized access to your account and you will be responsible if the Company suffers any loss due to unauthorized access to your account.
You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Services, you agree to comply with all applicable laws from the country, state and city in which you are present while using the Services.
During the course of your interaction with UMO Online Marketplace CC, whether through the Website or the Software, you may be required to provide us with your personal information. By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes and in the manner described in our Privacy Policy.
Limitation of Liability
You hereby release UMO Online Marketplace CC, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any service providers, or between you and other app or website users.
You assume all responsibility and risk with respect to your use of the app. The app is available “as is,” and “as available”. You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations and endorsements, express or implied, with regard to the website and app, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose. We do not warrant that use of the site and app will be uninterrupted or error-free or that errors will be detected or corrected. We do not assume any liability or responsibility for any computer viruses, bugs, malicious code or other harmful components, delays, inaccuracies, errors or omissions, or the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the app.
In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), shall we or any of our respective employees, directors, officers, agents or affiliates, be liable hereunder or otherwise for any loss or damage of any kind, direct or indirect, in connection with or arising from the app, the use of the app or our agreement with you concerning the app.
With Respect to Minors
I confirm that my child’s utilisation of the services is entirely voluntary and I accept all risks involved therein. Accordingly, UMO Online Marketplace CC and its director(s), management, employees/staff members, representatives and agents shall not be liable for any loss, damage, injury or illness of whatsoever nature and howsoever caused, suffered by me (to my person or property) or my child as a result, directly or indirectly, of utilising the services of UMO Online Marketplace CC and its director(s), management, employees/staff members, representatives and agents shall not be liable for any loss and/or damage (including indirect or consequential loss and/or damage) arising therefrom.
I hereby indemnify and hold UMO Online Marketplace CC and its director(s), management, employees/staff members, representatives and agents harmless against all liabilities, claims, losses and damages of whatsoever nature which UMO Online Marketplace CC and/or any employee and/or any other person may sustain as a result, directly or indirectly, of having made the activities available to my child and/or of my child utilising the services, where such claims, losses and damages are caused by me or my child’s negligent or willful act or omission.
Accident Waiver and Release of Liability
I hereby assume all of the risks of utilising the services of UMO Online Marketplace CC, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity in which I may participate, and that it will govern my actions and responsibilities at said activity.
In consideration of my application and permitting me to participate in this activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
I waive, release, and discharge from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity, the following entities or persons: The UMO Online Marketplace CC and/or their directors, officers, employees, volunteers, representatives, and agents, and the activity holders, sponsors, and volunteers.
I will hold harmless and promise not to sue the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.
I acknowledge that UMO Online Marketplace CC and their directors, officers, volunteers, representatives, and agents are not responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.
I acknowledge that this activity may involve a test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers.
I understand while utilizing the services of UMO Online Marketplace CC, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the activity holders, producers, sponsors, organizers, and assigns.
The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
I certify that I have read this document and I fully understand its content. I am aware that this is a release of liability.