Terms & Conditions for Roamlers
In these conditions the following terms have the following meaning:
- Roamler: Roamler UK Ltd. the users of Conditions of Use;
- Contractor: natural person who or legal person that undertakes to Roamler to perform a job;
- App: Roamler’s mobile application as well as the restricted part of Roamler’s website;
- Site: Roamler’s website;
- Submission: photos, documents, texts and other data provided, through the app or otherwise, to Roamler by the Contractor within the context of the performance of Jobs;
- Account: the personal access to Roamler’s jobs;
- Job: the work and/or services made available through the app;
- These conditions apply to all (legal) relationships entered into between the Contractor and Roamler and expressly apply prior to, at the time of, during and after the conclusion and existence of agreements.
- By indicating that the Contractor wishes to have access to the App and by clicking on ‘agree’ after reading these conditions, the Contractor declares that they agree to the contents of these conditions and to the applicability thereof as described in paragraph 1 of this article.
- Roamler expressly rejects the applicability of the Contractor’s conditions.
- Roamler reserves the right to change or alter the conditions at any time. The Contractor will be informed of changes or alterations through the App. Changed conditions always replace the version that was previously in effect between Roamler and the Contractor.
- If these conditions contain provisions that are contrary to other more specific agreements concluded between the Contractor and Roamler, the provisions agreed upon between the Parties in such more specific agreement will prevail.
3. Roamler App
- The App is a platform that Roamler uses to inform the Contractor of Jobs and training programmes and on which the Contractor can accept such Jobs under the conditions as described in the App.
- The Contractor is aware and acknowledges that Roamler itself does not provide the specific services that it orders from the Contractor and that the Jobs that Roamler offers in the App are exclusively performed by independent persons who are not employed by Roamler or its customers.
- All proposals made by Roamler, irrespective of the manner in which they are made, are without obligation.
- Clear mistakes or clear errors in Roamler’s proposal do not bind Roamler.
4. Intellectual property Roamler
- The Contractor is not authorised to breach intellectual property rights of Roamler and/or its customers and does not have the right to independently reproduce, reverse engineer, disassemble, modify, distribute, license, rent out, sell, lend, transfer, send, stream or otherwise exploit the App or the products and/or services of the Customers that are offered in Jobs through the App and are used, assembled and/or processed in the performance of the Job, unless Roamler has given express written permission for this, or this is part of the Job as described by Roamler in the App. This provision is a third-party clause within the meaning of Article 253 of Book 6 of the Dutch Civil Code, so that customers of Roamler may also rely on this clause directly vis-à-vis the Contractor.
- The Contractor declares that they will not (have another party) copy the App or (have another party) create a comparable App. The Contractor declares that they will not (have another party) carry out actions that result in the collection of data from the App for a purpose other than the performance of the Job and the financial and fiscal settlement thereof.
- The Contractor may only use the App and create an Account if they are 18 years of age or older. The Contractor guarantees that the details entered in the Account are correct and pertain to the Contractor themselves.
- The Contractor may only log into the App using one Account. Disclosing account details to third parties or using someone else’s Account is not permitted. Sharing an Account and/or manipulating the GPS location is not permitted.
- The Contractor is responsible for the confidentiality and security of the Account themselves. The Contractor is fully liable for all actions that are performed on or through the Account and is obliged to immediately inform Roamler of any unauthorised use of the Account or any other security breach. Roamler is not liable for any (financial) damage that arises from unauthorised use of the Account that cannot be attributed to negligence on the part of Roamler.
- If an Account is inactive for a longer period, the Contractor will be informed of this and will be asked to activate the Account again. If the Account is not reactivated Roamler has the right to delete the Account.
- Both Roamler and the Contractor have the right to terminate the Contractor’s Account at any time. The Contractor can do so in the manner specified for that purpose in the App. After the Account has been terminated the Contractor will no longer receive Jobs and push messages from Roamler.
- With due observance of the privacy legislation and with reference to the Privacy Statement referred to in article 9.1, Roamler reserves the right to store personal data after termination of the Account in accordance with the privacy legislation applicable thereto.
6. Performance of jobs
- The Contractor guarantees that Jobs are performed in accordance with the Job instructions as described in the App and that all conditions specified in the Job and, if applicable, other agreements applicable thereto are complied with.
- If the Contractor must incur costs for the performance of the Jobs (such as, though not restricted to, transport costs, purchase / hiring of materials, repair and/or cleaning costs and/or insurance costs), those costs must be borne by the Contractor themselves.
- Roamler may require the Contractor to send Submissions to Roamler through the App or otherwise.
- The Contractor guarantees that all rights pertaining to the Submissions made by the Contractor belong to and are owned by the Contractor and that they do not breach a right of a third party.
- By sending a Submission to Roamler, the Contractor transfers all (intellectual) property rights pertaining to that Submission to Roamler, without Roamler owing the Contractor any compensation therefor.
- The Submissions are made fully at the risk of the Contractor. As such, the Contractor cannot derive any claims against Roamler if Roamler does not receive a Submission (in time) or if the Submission has incorrect contents.
8. Fees and payments
- The prices specified by Roamler in the App are inclusive of VAT if the Job is performed by a natural person and exclusive of VAT if it is performed by a self-employed.
- Roamler will provide invoices for Jobs performed by a legal person. The invoices drawn up by Roamler are fixed and are considered uncontested if the amount of the invoice in question is not contested within 8 days after the invoice was made available to the Contractor in the App.
- Payments are made in the manner specified in the App.
- If the Contractor’s account has been terminated any credit balance accrued by the Contractor expires and the Contractor is not entitled to payment of that balance.
9. Privacy and Data
- The provisions in Roamler’s Privacy Statement, which can be consulted through the App and on the Site, apply to the Contractor’s data.
- The data that is made available through the App or otherwise in connection with the use of the Roamler App (including both data made available by Roamler and data made available by the Contractor) is not stored by Roamler on behalf of the Contractor. The Contractor is responsible for the storage of data relevant for them on an own data carrier, with due observance of the provisions in paragraph 4 of this article.
- Roamler is not liable for the loss of any data the Contractor wants to have at its disposal and is also not obliged to make such data available to the Contractor.
- The Contractor is only authorised to store on an own data carrier the data that is necessary for the performance of the Job and/or the financial and/or fiscal settlement of the performance of the Job.
- Roamler is not liable for any damage that the Contractor has suffered in any manner in connection with the use of Roamler and/or in connection with the Jobs provided to the Contractor by Roamler, unless the damage is a direct result of intent or gross negligence on the part of Roamler.
- The Contractor indemnifies Roamler against claims against Roamler on account of damage that has arisen during the performance of the Job, to the extent that such damage is a result of the performance of the Job by the Contractor.
- The Contractor must take out adequate insurance themselves.
The Contractor understands that the information that is submitted through the App may be confidential. The Contractor agrees that they will not disclose the information provided through the App without permission from Roamler. This information in any case includes, but is not restricted to, personal data, commercial data and/or address details.
12. Final provisions
- All legal relationships that exist between Roamler and the Contractor are subject to Dutch law.
- In order to submit any complaints and/or objections with respect to Roamler, please contact: firstname.lastname@example.org
- The District Court in Amsterdam, the Netherlands, has exclusive competence to hear disputes that may arise between Roamler and the Contractor at any time.
- If one or more of the provisions in these Conditions of Use are void or voided, the other provisions of these Conditions of Use will remain in full force and effect and the void or voided provision will be replaced by a provision that corresponds to the purport of the void or voided provision as much as possible.