Terms of service / T&Cs
End User License Agreement and Terms of Service
This End User License Agreement and Terms of Service (the “EULA“) is a binding contract between you, an individual user (“you“) and RoomLab Limited (“ROOMLAB“, “us” or “we“), company number 10224247 incorporated in England and Wales, governing your use of the ROOMLAB website (the “Website” or the “Service“).
If you are using or opening an account on the Service on behalf of a company, entity, or organisation (each a “Subscribing Entity“), then you represent and warrant that you: (i) are an authorised representative of that Subscribing Entity with the authority to bind such entity to the EULA and (ii) agree to be bound by the EULA on behalf of such Subscribing Entity.
BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE EULA IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE SERVICE.
Summary of Material Terms
As provided in greater detail in the EULA (and without limiting the express language of the EULA), you acknowledge the following:
- disputes arising hereunder will be resolved by binding arbitration;
The Service is a platform enabling people seeking interior design services (“Clients“) to find and select interior designers (“Designers“) (both Clients and Designers are “Users“). Please be advised:
- Although ROOMLAB administers the Design Projects (as described in greater detail below) and establishes certain terms for certain packages offered through the Service (including package features, pricing and options), ROOMLAB is not otherwise a party to the design services and any other off-line transactions that may take place between Clients and Designers.
- ROOMLAB has no control over any claims made by Designers about the products or services they may offer or the truth or accuracy of the listings created by Designers, the ability of Designers to provide the products or services as claimed by Designers (even if through the Service) or the ability of Clients to pay for any products or services offered by Designers.
- ROOMLAB does not conduct background checks regarding any Users (including any Designers) of the Service.
- ROOMLAB provides a platform whereby Designers can participate in the Design Projects and third party manufacturers can offer their products and services and this platform includes communication tools, including the use of an ROOMLAB e-mail address (e.g. @roomlab.co.uk).
- All Users acknowledge and understand that ROOMLAB is not an employer, broker, agent or insurer for any Users of the Service, whether they be Designers or Clients.
- ROOMLAB’s acceptance of a Designer to the Service should not be construed or otherwise deemed an endorsement or promotion of such Designer and its acceptance relied upon the Designer’s representation and warranty to ROOMLAB of the accuracy of information submitted about such Designer.
- As the Service solely provides a platform and tools for Users to communicate with potential transaction partners, any such transactions are made by all Users at each User’s own risk.
Third Party Fees
You may incur third party fees through use of the Service, such as fees charged by your Carrier for data usage. In addition, you may be subject to third party terms, through your use of the Service, such as your Carrier’s terms of service. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.
Changes to the EULA
We may revise the EULA at any time by posting an updated version You should visit this page periodically to review the most current EULA, because you are bound by it. Your continued use of the Service after a change to the EULA constitutes your binding acceptance of the EULA.
Scope of License to Users
License Grant to You
The Service is licensed, not sold, to you for use only under the terms of the EULA Subject to your complete and ongoing compliance with the terms and conditions of the EULA, ROOMLAB hereby grants you a personal, limited, revocable, non-transferable license to access and use the Website solely for your own use or for the use of the Subscribing Entity on whose behalf you are authorised to act.
You may not directly rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the EULA, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.
The Service is available only to, and may only be used by, individuals who are 18 years of age and older, and who can form legally binding contracts under applicable law. By registering with the Service, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.
We may, in our sole discretion, refuse to offer access to or use of the Service to any person or entity and change the eligibility criteria at any time. This foregoing is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
You agree that any termination of your access to the Service or any account you may have or portion thereof may be affected without prior notice, and you agree that Company will not be liable to you or any third-party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Company may have at law or in equity.
Account Types and Registration
Anyone may browse the public-facing pages of the Service and take a Style Quiz, but in order to become a Client or Designer, you must create an account.
To become a Client, you must provide your email address, name and a password. You can also choose to take a Style Quiz and answer some simple online questions (or you can skip this step) and select from a variety of designers. RoomLab will can also choose a designer for your based on your preferences.
Final “Design Packages” will include a visual concept board, room floor plan, shopping list and styling instructions from your Designer (as defined below) (such packages, “Design Packages“) based on your space and budget.
To become a Designer, you must submit an application to ROOMLAB for approval. Each application will consist of your resume and samples of your work.
- Design applications must be submitted via the Website or by email when instructed by ROOMLAB.
- ROOMLAB will respond to all applications as soon as possible, typically within 7 to 14 business days.
- ROOMLAB’s decision to accept or reject any application is within its sole and exclusive discretion and ROOMLAB is under no obligation to accept any designer. If accepted, the Designer is required to enter into the Supplemental Designer Agreement as a condition of becoming a Designer through the Service.
- ROOMLAB will generate a profile for the Designer on the Service which will feature a picture and portfolio of the Designer, both subject to the license grants for Your Content (as defined below) in Section 5 and to be chosen at ROOMLAB’s discretion.
Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorised access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify ROOMLAB by e-mail to email@example.com. You will be solely responsible for the losses incurred by ROOMLAB and others due to any unauthorised use of your account.
Content You Submit - License Grants from You
If you are a Client, you may be able to create, post, or share content, such as pictures of your space, floor plans and household objects (“Client Content“). If you are a Designer, the Service may provide you with the ability to create, post, or share content, such as design submissions and pictures for your profile (“Designer Content“; collectively, with Client Content, “Your Content“) ROOMLAB claims no ownership or control over Your Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of Your Content that you post on or through the Service. You are responsible for protecting those rights.
License Grants to ROOMLAB
You Must Have Rights to the Content You Post
You represent and warrant that: (i) you own Your Content or otherwise have the right to grant the license set forth in the EULA, (ii) the posting and use of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Your Content that you post on or through the Service. You also acknowledge and agree that Your Content is non-confidential and non-proprietary.
A Client wishing to engage a Designer and purchase a Design Package through the Service will initiate a request for proposals (a “Project“) for Designers. The Project will provide the Client with an opportunity to select from a variety of custom designs that will make up the interior design portion of the Design Package (design, the “Custom Design“).
Entering the Project
Clients will be assigned to a workspace upon creation of their account on the platform. To ensure that the client’s vision is properly understood by designers - clients will need to provide a summary of their design vision as well as access to any resources such as measurements and floor plans, photos of the space to be transformed, existing furniture to be reused, “inspirational photos”, the results of their RoomLab style quiz, etc to the designer.
Each Client will be able to choose from Designers listed as being available to work on the Platform, (Designers availability can be turned on and off by logging into their Profile Page).
If Designers are unable to work on projects they must immediately turn off their availability on their Login page on the website. Failure to do so and a Client requesting the Designer to work when they are unable to do so will be penalised. If a Designer is requested but unavailable a total of two (2) times they will be suspended from working with ROOMLAB for one calendar month. Three (3) or more failures will result in the Designer being permanently removed from the Platform.
Moving forward with the Designer
The Designer and Client will communicate exclusively online and build visual concepts to develop the Final Design, which will be approved by the Client.
Final Design to be submitted by the Designer to the Client will include a visualisation board, room layout plan, shopping list, styling instruction (the “Design Package”) and answers to any of the Client’s questions.
Once a Final Design has been approved, the Designer will receive payment pursuant to Fees & Payments - Clients section below.
All items proposed by the Designer as part of the Final Design must be purchasable online by the client.
Fees & Payments - Clients
- The fee (the “Fee“) to be charged to Clients for each Design Package will be set forth on the Service.
- The Fee is due and payable in advance of Client’s initiation of a Project.
- The Service currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen.
- All monetary transactions on the Service take place in British Pounds.
- All prices published on the website are inclusive of VAT. Designers are responsible for the payment of VAT in accordance to the governing rate.
- You acknowledge and agree that you are solely responsible for complying with all applicable tax laws and regulations related to your use of the Service.
- Without limiting the foregoing, each Designer is solely responsible for determining any applicable local indirect taxes and for including such taxes or obligations related to any transactions made with any user of the Service. Designers are responsible for determining and paying any other appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service, except for taxes on ROOMLAB’s income.
- ROOMLAB is not responsible for any taxes related to your use of the Service. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.
The Service will offer any Client a full refund for a Design Package before the Client approves a design. In order to process a refund, we will require the Client to speak with us via phone about the designs the Client received.
Payments - Designers
ROOMLAB will pay Designers instructed by Clients an amount equal to the Fee, less ROOMLAB’s commission (as set forth on the Service), upon approval of the project by Client. Designers will be paid through a third party online payment processor (e.g. Stripe). Payments for Projects occur bi-weekly, on Fridays.
Sending Messages Through the Service
Users may message each other through the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e. spam) ROOMLAB will utilise any means possible to block spammers and abusers from using the Service If you believe spam originated from the Service, please email us immediately at firstname.lastname@example.org
Users are reminded that the following conduct is not allowed on the RoomLab messaging service:
- Threatening or verbally abusive language;
- Obscene, profane, or defamatory language;
- Posting of sexual innuendo, or deliberately disrupting discussions with repetitive messages, or spam.
- Language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual orientation, age, region, disability, etc.
- Hate speech of any kind
- Uploading of inappropriate material.
- Posting, distributing, or publishing any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
- Users may include links to other sites as relevant to their design, but those sites must meet the same guidelines.
Third Party Materials; ROOMLAB Content
You understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties, including other users (collectively, “Third Party Materials“), and data, information, applications, materials and other content from ROOMLAB (collectively, “ROOMLAB Content” and, together with Third Party Materials, but excluding Your Content, “Service Content“), that may be offensive, indecent, or objectionable. Nevertheless, you agree to use the Service at your sole risk and that ROOMLAB shall not have any liability to you for any Service Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable You use the Service, and rely upon any Service Content accessible through the Service, at your sole risk.
In addition, third party services and Service Content that may be accessed from, displayed on or linked to your device are not available in all languages or in all countries ROOMLAB makes no representation that the Service, any third party services, and Service Content are appropriate or available for use in any particular location To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws.
To be summed up as any of the following:
- customer buys design package
- customer can opt into using our Buy for Me service
- Shop the Look (online shop)
Please note that all items bought by RoomLab on behalf of the customer (be it as part of Buy for Me or Shop the Look) will be delivered directly from the retailers to customers. We will not be responsible for delivery, handling, products being out of stock or discontinued, returns or any other issues associated to these items.
Your Use of the Service and Service Content
Your right to use the Service is a privilege, not a right, and is expressly conditioned on the following:
- You may access the Service solely as intended through the provided functionality of the Service and as permitted under the EULA.
- You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any
part of the Service without ROOMLAB’s prior written authorisation, including, by way of example and not
limitation, by doing or engaging in any of the following without ROOMLAB’s express written consent:
- Altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and
- Using any trademarks, service marks, design marks, logos, photographs or other content belonging to ROOMLAB or obtained from the Service.
- You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the website (or subsequent App) designed to control the manner in which the Service is used, harvest or mine Service Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
- You agree not to undertake, cause, permit or authorise the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any Service Content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by the EULA, the authorised features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by ROOMLAB.
- You agree not to use, display, mirror, frame or utilise framing techniques to enclose the Service, including any Service Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent ROOMLAB makes available the means for embedding any part of the Service or Service Content.
- You agree not to access, tamper with, or use non-public areas of the Service, ROOMLAB’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of ROOMLAB’s providers.
- You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including ROOMLAB employees and other users.
- You agree not to provide any false personal information to ROOMLAB or any other user, or create a false identify or impersonate another person or entity in any way.
- You agree not to create a new account with ROOMLAB, without ROOMLAB’s express written consent, if ROOMLAB has previously disabled an account of yours.
- You agree not to solicit, or attempt to solicit, personal information from other users.
- You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users.
- You agree not to use the Service, without ROOMLAB’s express written consent, to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in the EULA.
- You agree not to gain unauthorised access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
- You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
- You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
- You agree not to violate any applicable federal, state or local laws or regulations or the EULA.
- You agree not to assist or permit any persons in engaging in any of the activities described above.
Consent to Use of Data.
The Service, Service Content, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of ROOMLAB and its licensors Except for the limited licenses expressly granted to you under the EULA, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under the EULA, either expressly, or by implication, estoppel or otherwise. We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas“), we will: Own, exclusively, all now known or later discovered rights to the Creative Ideas; Not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and Be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Consequences of Violating These Terms
We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future ROOMLAB may review and remove any of Your Content at any time for any reason, including activity which, in its sole judgment: violates the EULA; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Service You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of the EULA and your use of the Service.
Changes to the Service
We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service (including, without limitation, Designer and third party partners (including furniture or design item suppliers). However, to the extent disputes between users arise in connection with the use of the Service, ROOMLAB reserves the right, in its sole and exclusive discretion, to mediate between the subject users to an effort to resolve the dispute.This includes disputes between Clients and Designers. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release ROOMLAB of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service. If you participate in an Installation, you are solely responsible for your interactions with other Users. You understand that ROOMLAB does not currently conduct background checks, including criminal background checks, on its Users. ROOMLAB makes no representations or warranties as to the conduct of Users. IN NO EVENT WILL THE RELEASED PARTIES (AS DEFINED BELOW) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH OBTAINING SERVICES FROM ANY DESIGNER OR PROVIDING ANY SERVICES TO ANY CLIENT, INCLUDING ALL RISKS OF PHYSICAL OR EMOTIONAL INJURY OR HARM RESULTING ANY WAY OR ARISING OUT OF INSTALLATION SERVICES OR CLIENTS OBTAINED THROUGH THE SERVICE ALL USERS, INCLUDING CLIENTS AND DESIGNERS, HEREBY EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY INSTALLATION, INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE.
We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service, including Designs Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service Use the Service at your own risk.
The Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them. We make no promises and disclaim all liability of specific results from the use of the Service.
No Employment Relationship
ROOMLAB is not an employment service and does not serve as an employer of any user. While certain ROOMLAB employees may apply for and become Designers, any services or transactions engaged in by such Designers is solely in their independent capacity and not as an employee of ROOMLAB. ROOMLAB is not be liable for any tax or withholding, including but not limited to national insurance, employer’s tax, and income tax withholdings in connection with your use of the Service. You understand and agree that, if ROOMLAB is found to be liable for any tax or withholding tax in connection with your use of the Service, then you will immediately reimburse and pay ROOMLAB an equivalent amount, including any interest or penalties thereon.
No Agency Relationship
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement or any terms herein. Without limiting the foregoing, except as expressly set forth herein, ROOMLAB is not acting and does not act as an agent for any user (Designer or otherwise) of the Service. No Designer or any other user of the Service has any authority to bind or commit ROOMLAB to any agreements or other obligations, absent ROOMLAB’s prior written consent which may be granted or withheld at the sole discretion of ROOMLAB.
You acknowledge and agree that you are solely responsible for complying with all applicable tax laws and regulations related to your use of the Service. Without limiting the foregoing, each Designer is solely responsible for determining any applicable local indirect taxes and for including such taxes or obligations related to any transactions made with any user of the Service. ROOMLAB is not responsible for any taxes related to your use of the Service.
The EULA is effective until terminated by you or ROOMLAB
Your rights under the EULA will terminate automatically without notice from ROOMLAB if you fail to comply with any term(s) of the EULA (including by violating any license restriction provided herein)
You may terminate the EULA by emailing email@example.com. Upon any termination of the EULA, you must immediately cease all use of the Service. If you are a Designer chosen by the Client and terminate your account before you have completely delivered the Design Package, you may not be allowed to use the Service in the future.
“Released Parties” include ROOMLAB and its affiliates, officers, employees, agents, partners, and licensors
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
- THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS, DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND, (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND
- ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ROOMLAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF (A), IF YOU ARE A CLIENT, THE FEES YOU HAVE PAID TO ROOMLAB, (B) IF YOU ARE A DESIGNER, THE FEES PAID BY ROOMLAB TO YOU, AND (C) £100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any ROOMLAB Content or Designs, (iii) any services you did or did not receive from any Designer, or (iv) your breach of the EULA We will provide notice to you promptly of any such claim, suit, or proceeding.
Third Party Disputes
ROOMLAB IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of ROOMLAB. ROOMLAB may assign the EULA, including all its rights hereunder, without restriction.
The provisions of the EULA that are intended to survive the termination of the EULA by their nature will survive the termination of the EULA, including, but not limited to, Sections 2 (General), 5 (Content You Submit; License Grants from You), 11 (Your Use of the Service and Service Content), 12 (Third Party Software), 13 (Consent to Use of Data), 14 (Ownership), 15 (Feedback), 17 (ROOMLAB’s Liability), 18 (Termination), 19 (Disclaimer), 20 (Limitation of Liability), 21 (Indemnity), 21 (Third Party Disputes), 23 (Copyright Policy), 24 (Dispute Resolution), and 25 (Miscellaneous).
Consent to Electronic Communications
- You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of the EULA or any provision of the EULA constitute a waiver of any subsequent breach or default or a waiver of the provision itself
- Use of section headers in the EULA is for convenience only and will not have any impact on the interpretation of particular provisions
- In the event that any part of the EULA is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and ROOMLAB as a result of the EULA or use of the Service.
If you have any questions about the EULA or any other matters, you can contact Roomlab Ltd. by e-mail at firstname.lastname@example.org, or by mail at Roomlab Ltd, 34 Elms Road, London, SW4 9EX, United Kingdom. The EULA was last updated on March, 2018.