TERMS AND CONDITIONS

This Agreement was last revised on May 25th, 2020.


I. OUR INTRODUCTION

Travay La Fer ("TLF", "we," "us," or "our") welcomes you.

Travay La Fer is an innovative app for users with home repair, home improvement or construction projects to find trusted and rated Tradespersons all across Mauritius. Our mission is to be committed to simplifying communication with business, making connectivity to users and opportunities faster, easier and accessible.

We offer you access to our services through our "Mobile Application" (defined below) subject to the following Terms of Service, which may be updated by us from time to time without notice to you. By accessing and using this Mobile Application, you acknowledge that you have read, understood and agreed to be lawfully bound by these terms and conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this "Agreement"). In case you do not agree with any of these terms, then please do not use the Mobile Application.

II. DEFINITION S

III. INTERPRETATION

· All references to singular include plural and vice versa. Any references to "including" or "includes" means "including (or includes) without limitation".

· Words used herein regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires.

· Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.

· All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.

IV. COMMITMENT AND SCOPE

V. MODIFICATIONS OF TERMS

We reserve the right, at our discretion, to change, modify, add , remove portions of these Terms, or discontinue the service including without limitation, the availability of any feature, database or content (collectively, "Changes"), at any time. We may attempt to notify you when major changes are made to these Terms, but you should periodically review the most up-to-date version. Your unrelenting use of the Services following notice of the Modifications will mean that you agree to the Changes. Such Modifications will apply prospectively beginning on the date that the Changes are posted to the Mobile Application and/or our website.

VI. REGISTRATION INFORMATION

For accessing the mobile application and using its services, you may be required to provide specific information to establish an account.

You accept that the details you provide in relation with establishing any account is correct and that you will keep your details up-to-date. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal Identification numbers or any other codes that you use to access your Travay La Fer account and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorised or not) of your accounts. You agree to notify us immediately about any unauthorised activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your accounts at any time with or without notice.

Registration and Access

a. For Homeowners

· Users have to download the App from the Play Store for Android users and the App Store for Apple Iphone users.

· Users must have an active registered mobile number from any local service provider and must have wifi or at least a 3G enabled mobile data smartphone.

· After successful registration through the Mobile App, an OTP will be provided for signing in.

· All job posts will be moderated by Travay La Fer staff.

· A Homeowner can renew his job post for an unlimited number of times.

· A job post will be marked as expired if no Tradesperson has shown interest after 5 days from the last renewal date.

· A job post will be marked as expired if one or more Tradespersons have shown interest but there is no response from the Homeowner after 10 days from the last renewal date. Irresponsiveness from Homeowners are highly discouraged as this may entail suspension or termination of the Homeowners' accounts.

· A Homeowner has the possibility to edit his live job posts to add information.

· A Homeowner has the possibility to cancel his live job posts if no Tradesperson has been hired yet. If you have hired someone but you no longer want to proceed with the job, then please contact us through our Facebook page and we will close the job post. You will however be required to leave a feedback for the Tradesperson you hired.

· A Homeowner can repost a cancelled job post and edit with new details after the job post has gone live.

· A Homeowner can use the invite feature to request quotes from Tradespersons in our directory.

· Travay La Fer Mobile App has a notification feature which is highly reliable but not always guaranteed. It is the user's responsibility to check the App regularly with regards to their activities.

· The Travay La Fer account of a User is linked to his phone number and it is the User's responsibility to notify us when he changes his phone number. If you would like to change your phone number, please contact us through our Facebook page.

· A User can invite other potential users to download the App using the share button within the App. The invitees can register either as a Homeowner or a Tradesperson.

b. For Tradesperson

i. Users, who shall be of legal working age as per Mauritian Laws/Rules and regulations, shall undergo an interview and shall be notified upon successful registration. They may be required to provide sufficient proof of identification, proof of address, academic and professional certificates and proof of any experience claimed in the interview.

ii. Users have to download the App from the Play Store for Android users and the App Store for Apple Iphone users.

iii. Users must have an active registered mobile number from any local service provider and must have wifi or at least a 3G enabled mobile data smartphone. After successful registration, an OTP will be provided for signing in.

iv. Travay La Fer reserves the right not to proceed with the registration of a user and shall not be required to give any reasons thereof.

v. Travay La Fer reserves the right to take the amount of time it deems necessary to process the application of a user and shall not be required to give any forecast thereof.

vi. Tradesperson will be entitled to a free trial scheme of 90 days. After that the free trial scheme has lapsed, Tradespersons will be on a paid membership and will need to recharge their wallet with credits to buy leads. Credits can be bought in the App itself where you can choose your preferred package and payment method. Credit value may be subjected to change at the discretion of Travay La Fer.

vii. A job lead will be marked as expired if no Tradesperson has shown interest in after 5 days

viii. A job lead will be marked as expired if one or more Tradespersons have shown interest in but there is no response from the Homeowner after 10 days.

ix. Only Tradespersons who buy a job lead will get access to the Homeowner's details to quote or request more information on the job. You can also use the in-App messaging and call feature.

x. All job leads will be moderated by Travay La Fer staff

xi. Tradespersons can view job leads in order of latest date posted/latest date renewed or distance from their registered address.

xii. A Homeowner can invite a Tradesperson to quote on his job post. Responding to the invite means that the Tradesperson is interested and credits will be deducted if he chooses to quote depending on his membership account.

xiii. Tradespersons have the possibility to switch to Homeowner view within the App and use their account to post a job.

xiv. Travay La Fer Mobile App has a notification feature which is highly reliable but not always guaranteed. It is the user's responsibility to check the App regularly with regards to their activities.

xv. The Travay La Fer account of a User is linked to his phone number and it is the User's responsibility to notify us when he changes his phone number. If you would like to change your phone number, please contact us through our Facebook page.

xvi. A User can invite other potential users to download the App using the share button within the App. The invitees can register either as a Homeowner or a Tradesperson.

Reward Scheme

Travay La Fer has put in place a reward scheme for its Users to get the chance in winning great prizes. A user can earns points on performing specific actions. These actions and rewards may differ for Homeowners and Tradespersons and may be changed from time to time by Travay La Fer. Reward types can be an in-app item, a gift sent by post, a digital content, a meal in your favourite restaurants amongst others. Some rewards may have a claim time constraint.

In order to redeem a reward, open the Travay La Fer App and navigate to the TLF Reward points section in Account. In this Section, you will find a list of redeemable gifts available according to your number of TLF reward points accrued. You can also have access to your recent transactions which show which activities generated reward points and your recent reward claims. Any reward vouchers where applicable will also be viewable from this section.

VII. OUR CONTENT

The Company may provide you with certain information as a result of your use of the Mobile App, Website, Services and social platforms. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in your use of the Mobile App, Website or Services ("Company Materials"). Subject to this Agreement, the Company grants you a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with your use of the Mobile App, Website, Services and social platforms. The Company Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Mobile App, Website or Services or at the termination of this Agreement.

VIII. USER SUBMISSION

A. Content Responsibility.

When you use this mobile application, you agree to adhere to the content guidelines listed in our terms of services and privacy policies. Some of our Services allow you to upload, submit, store, send or receive content. You acknowledge and agree that you are solely responsible for all User Submissions that you make available through the Site or Services. Accordingly, you represent and warrant that (a) you either are the sole and exclusive owner of all User Submissions that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such User Submissions, as contemplated under these Terms; (b) neither the User Submissions nor your accessing, posting, submission or transmittal of the User Submissions or Company's use of the User Submissions (or any portion thereof) on, through or by means of the Site and the Services or any other permitted use will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (c) no payments of any kind shall be due to any third party, whether a copyright owner or an agent thereof, for any use made of the User Submissions (or any portion thereof) on, through or by means of the Site and the Services.

By using the Site or the Services, you acknowledge the sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Content, or User Submissions and Company disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Content or User Submissions. You acknowledge and agree that Company: (a) is not responsible for the availability or accuracy of such Third Party Content or User Submissions; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such Third Party Content or User Submissions; (c) does not undertake or assume any duty to monitor for inappropriate or unlawful content on third party websites or User Submissions; and (d) does not make any promises to remove Third Party Content from being accessed through the Site or the Services.

When you provide content, please do not post content that:

Our staff reviews all content submitted for posting. Any submitted content that includes, but is not limited to the above, will be refused. If repeated violations occur, we reserve the right to cancel user access to our services without advanced notice.

IX. FEES AND PAYMENT

For Homeowners

· Use of the Service is free for Homeowners.

For Tradespersons

· For Tradespersons under paid membership scheme, we charge a fee for each Lead that a Tradesperson requests more information on and/or is interested to provide a quote for.

· A Homeowner may invite a Tradesperson to provide a quote on his job lead. Responding to the invite is chargeable.

· On purchasing a job lead, we will provide you necessary information for you to contact the Homeowner so that you can provide a quote.

· You are only permitted to use the Homeowner information for the purpose of providing a quote for the applicable Lead and your use of any Homeowner information we provide to you is subject to the Privacy Policy.

· You understand that Travay La Fer cannot influence the outcome of any particular job lead and does not guarantee that you will be able to secure work for jobs you are buying leads to quote on. Homeowners are free to select whom they like or even not to proceed with any particular job.

· You acknowledge that credits can only be used to pay for job leads. Your credit balance cannot be used to pay any invoice.

· The price of a Job Lead varies depending on the categories in which it has been listed.

· Each time you buy a job lead, your credit balance will be automatically deducted. If you do not have sufficient credit balance in your wallet, you will not be able to purchase new leads until you recharge your wallet.

· Credits are personal and may not be transferred to any other person.

· Users agree to take particular care when providing us with its details and warrant that these details are accurate and complete at the time of ordering.

[1] Credit Cards and Debit cards

[2] PayPal

[3] JuicebyMCB

[4] Bank Transfer

Preferred method of payment is MCB Juice. Credit cards are accepted via PayPal merchant services. Accepted Credit cards are: Visa / MasterCard / Maestro/ American Express. Debit cards are accepted if they have a Visa or MasterCard logo.

· We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing our Services.

[1] You card or Paypal account does not give authorisation for the payment of purchase price.

[2] You do not meet the eligibility to order criteria set out above.

· If you would like to request a refund for your unused Credits, you may email us at support@travaylafer.com or contact us through our Facebook Messenger and we will be happy to support you

· We take user feedback very seriously and use it to constantly improve our products and quality of service.

X. LIMITED GUARANTEE

By this Mobile Application:

· We provide an opportunity for you to avail the offered Services provided in our Mobile Application;

· We do not provide any warranty or guarantee that the Service descriptions are accurate, complete, reliable, current, or error-free. If a Service (for example, a Job lead) you purchased through the Mobile Application is not as described, as permitted by applicable law, your sole remedy is to inform us in private for taking further action.

XI. GEOGRAPHIC RESTRICTION

We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region or jurisdiction within Mauritius. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on our Mobile Application is invalid where banned.

XII. YOUR COMMITMENT AND RESPONS IBILITIES

· You shall use the Mobile Application and our Services for a lawful purpose and comply with all the applicable laws.

· You shall not use or access the Mobile Application for collecting any market research for some competing business;

· You shall not use any virus or hacking tools for interfering in the operation of the Mobile Application or data and files of the Mobile Application;

· You will not use any scraper or automated system to access our Mobile Application for any mean without our written permission.

· You will inform us about anything inappropriate or if you find anything illegal on the website;

· You will not interfere with or try to interrupt the proper operation of the Mobile Application through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Mobile Application through hacking, password or data mining, or any other means.

· You will not take any action that levies or may levy (in our sole decision) an unreasonable or unreasonably big load on our technical arrangement; and

· You shall not copy, decompile, modify, reverse engineer, or create derivative works out of they mobile application and any Confidential Information without our written consent.

· You will let us know about unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we'll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Mobile Application or any service, or any portion of the Mobile Application or service, without notice, and to remove any content.

XIII. GENERAL CONDITIONS

· The App is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service.

· You further acknowledge and agree that we have no obligation whatsoever to furnish any maintenance and support services with respect to the App.

· In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify us of such failure; upon notification, our sole warranty obligation to you will be to refund to you the purchase price, if any, of the App.

· Both you and us acknowledge and agree that, in your use of the App you will comply with any applicable third party terms of agreement which may affect or be affected by such use.

XIV. EXCLUSION OF LIABILITY

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect and consequential or any other form of loss or damage that may be suffered by a user through the use of the Travay La Fer Mobile Application including loss of data or information or any kind of financial or physical loss or damage.

In no event shall Travay La Fer, nor its Owners, shareholders, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use to or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, tort (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

XV. THIRD PARTY LINKS

Our Service may comprise links to external or third-party Websites ("External Sites"). These links are provided exclusively as ease to you and not as an authorisation by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate to the site administrator for those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measure when you are downloading files from all these Websites to safeguards your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.

XVI. PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using the Mobile Application, you allow us to use, store or otherwise process your personal information as per our Privacy Policy.

XVII. ERRORS, INACCURACIES AND OMISSIONS

Every effort has been taken to ensure that the information offered on our Mobile Application is accurate and error-free. We apologise for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Mobile Application will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Mobile Application and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

XVIII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Our mobile application and the service are provided on an "as is" and "as available" basis without any warranties of any kind, including that the mobile application will operate error-free or that the mobile application, its servers or its content or service are free of computer viruses or similar contamination or destructive features.

We disclaim all licenses or warranties, including, but not limited to, licenses or warranties of title, merchantability, non-violation of third parties' rights, and fitness for particular purpose and any warranties arising from a matter of dealing, course of performance, or usage of trade. In relation with any warranty, contract, or common law tort claims: (i) we shall not be liable for any unintended, incidental, or substantial damages, lost profits, or damages resulting from lost data or business stoppage resulting from the use or inability to access and use the mobile application or the content, even if we have been recommended of the possibility of such damages.

The mobile application may comprise technical incorrectness or typographical errors or omissions. Unless required by applicable laws, we are not accountable for any such typographical, technical, or pricing errors recorded on the mobile application. The mobile application may contain information on certain services, not all of which are available in every location. A reference to a service on the mobile application does not suggest that such service is or will be accessible in your location. We reserve the right to do changes, corrections, and/or improvements to the mobile application at any time without notice.

You acknowledge that Travay La Fer may establish limits concerning use of the mobile app, including but not limited to the maximum number of days that content will be retained by the system, the maximum number and size of postings, messages, or other content that may be transmitted or stored by our database, and the frequency with which you may access the services.

You agree that Travay La Fer has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Mobile App. You also acknowledge that Travay La Fer reserves the right at any time to modify or discontinue the Mobile App (or any part thereof) with or without notice, and that Travay La Fer shall not be liable to you or to any third party for any modification, suspension or discontinuance of any services.

You agree that we shall not be liable for any loss or damages arising from the provision (or non-provision) of any part of the service, including loss of profit or consequential loss or damage.

XIX. COPYRIGHT AND TRADEMARK

We have provided certain material such as graphics, logo, photo, designs audio recording, text, software etc. (collectively referred to as "Content"). The Content may be possessed by us or third parties. Unauthorised use of the Content may infringe copyright, trademark, and other laws. You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You shall not modify or transfer any copyrighted content in any way for any public or commercial purpose.

If you violate any provision of this Agreement, your rights to access or use the Mobile Application shall be terminated and you must with immediate effect destroy any and all copies you have created from the content.

Our patent, trademarks, service marks, and logos used and displayed on the Mobile Application are registered and unregistered trademarks or service marks of us. Other company, product, and service names located on the Mobile Application may be trademarks or service marks owned by others (the "Third-Party Trademarks," and, collectively with us, the "Trademarks"). Nothing on the Mobile Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the materials, without our prior written permission specific for each such use.

XX. INDEMNIFICATIO N

You agree to defend, indemnify, and hold harmless Travay La Fer and its officers, directors, employees, successors, contractors, agents, licensees and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misappropriation of the Content of the Mobile Application. We shall provide you notice of such claim, suit or proceeding at your expense. We reserve the right, at your expense, to undertake the exclusive defense and control of any case that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

XXI. MISCELLANEOUS

SEVERABILITY

These terms and conditions shall be deemed severable. If any provision of these Terms is found to be unenforceable or invalid, such provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term . The Services provided to you can be cancelled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination.

Effect of Termination . Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement.

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed in accordance with the laws of Republic of Mauritius without giving effect to any principles or conflicts of law. The Courts of Mauritius shall have exclusive jurisdiction over any dispute arising from use of the Mobile Application.

FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure from us to perform our obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

HOSTING SERVICES

We have entered into arrangements with one or more third parties for hosting services that are essential to the Services incorporated within the Services and without which the Services could not be provided to you.

ASSIGNMENT

The Company shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates and group companies, without any consent of the User.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at support@travaylafer.com.

XXII. INTELLECTUAL PROPERTY

All intellectual property rights in the Travay La Fer Service including the Travay La Fer App and trademarks are the property of Travay La Fer. Any unauthorised reproduction, modification, distribution or republication of Travay La Fer materials, logo or intellectual property, without the express prior written consent of Travay La Fer is strictly prohibited.

XXIII. PROTECTION OF DATA

As per our Privacy Policy, Travay La Fer may collect, use and process the data and/or information relating to the User which is collected under this Agreement in accordance with the Data Protection Act 2017 for:

· considering whether to approve and/or processing the User's request for registration for Travay La Fer Services

· offering, providing and making available Travay La Fer Services to the User;

· performing its obligations under the terms and conditions herein;

· carrying out identification checks, due diligence and other checks, screenings and verifications (including fraud);

· Legal and Regulatory compliance (including disclosure to all government authorities and regulators); and

· Transferring to its agents, banks and other authorised persons for the purpose of providing Travay La Fer and legitimate business purposes.

Customer's data and/or information is otherwise not disclosed to third parties, save where required or permitted by law.

XXIV. ADVERTISING MATERIAL

Part of the Mobile App or the Services may contain advertising information or promotion material or other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Mobile App complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Before relying on any advertising material, you should independently verify its relevance for your purpose, and should obtain appropriate professional advice. The Company shall not be responsible nor liable for any loss or claim that you may have against an advertiser or any consequential damages arising on account of your relying on the contents of the advertisement.