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Terms of Service

Terms of Service

PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

Last Updated: June 27th, 2014

Sesquis Operations Limited and Sesquis Vita Limited (hereafter referred to as “Sesquis”™, "we", "us", or "our") provides an online and telephone platform that principally facilitates the booking, via a patented process, (“ Booking”, “the Booking”, “Book” or “Booked”, defined below and collectively described as “the Services”) of undergraduate students (“Sesquis Solversor Solvers”®™, pending, defined below) for part-time work, services or internship within communities local to the Solvers’ principal place of study (”Home Campus”). Solvers can be Booked by registered residents or businesses local to the Solvers‘ Home Campus (“Clients”) or by registered legal entities closely affiliated with Sesquis (“Partners”) who are willing to pay for such part-time work or services or to host Solvers as interns. The Services are accessible at www.sesquis.com and any other websites through which Sesquis makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Loyalty Program (defined below), and constitute a binding legal agreement between you and Sesquis. Please read carefully these Terms and our Privacy Policy, which may be found at www.sesquis.com/terms and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to legal proceedings.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH SOLVERS MAY CREATE PROFILES (DEFINED BELOW) FOR SESQUIS MATCHING™®, pending, “MATCHING” (DEFINED BELOW) AND CLIENTS AND PARTNERS MAY BROWSE PROFILES AND BOOK FOR HIRING OR PLACEMENT, SOLVERS. SOLVERS, CLIENTS, PARTNERS AND OTHER REGISTERED MEMBERS OF THE SITE ARE TOGETHER REFERRED TO AS “USERS”. YOU UNDERSTAND AND AGREE THAT SESQUIS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SOLVERS, PARTNERS AND CLIENTS, NOR IS SESQUIS AN EMPLOYMENT AGENCY, RECRUITER OR INSURER. SESQUIS HAS NO CONTROL OVER THE CONDUCT OF CLIENTS, SOLVERS AND PARTNERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

1. Definitions

Booking”, “Book”, “Booked” or “the Booking” means the patented system by which the Solvers are booked by Clients and Partners.

Collective Content” means User Content and Sesquis Content.

Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

Client” means a User who requests a booking of a Solver via the Site, Application or Services, or a User who arranges to take on a Solver as an intern, for work experience or as an employee.

Matching” means the process by which a Client or other User is able to search for a Solver for the purpose of entering into an arrangement for the provision of services between the Solver and the Client by using patented search algorithms to yield information about the Solver or Solvers most nearly suited to the requirements of the Client; it includes a bespoke method of filtering the information in Profiles and Posts and its conversion into Results.

Partner” means a legal entity which affiliates itself closely with Sesquis for the purpose of supporting Sesquis’ Social and Community Programs or for making large-scale use of the Services.

Post” means information that is listed by a User via the Site, Application, and Services.

Profile” means a User's personal page, listing their personal information including contact details, their qualifications and areas of study, their special interests and hobbies, their availability for booking via their availability calendar, booking history, including reviews, group memberships, Posts and all recent activity on the site. Profiles are visible to other Users of the Site but not the public.

Results” means the information obtained at the end of the Matching to facilitate the Booking.

Sesquis Content” means all Content that Sesquis makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding User Content.

Sesquis Social and Community Programs” means the programs set up by Sesquis to help Solvers into internship and to support children who cannot afford to pay for tuition where needed.

Solver” means a User who creates a Profile via the Site, Application and Services for the purpose of seeking part-time paid or unpaid work, work experience or internship.

User” means a person who completes Sesquis’ registration process, including, but not limited to Solvers, Clients and Partners, as described under “Registration” below.

User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.

Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar indirect or other withholding and personal or corporate income taxes.

Terms” means these terms and conditions as modified from time to time.

2. Additional or different terms and conditions.

Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

3. Acknowledgement of acceptance of the Terms.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE LOYALTY PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE LOYALTY PROGRAM. If you accept or agree to the Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

4. Modification of Terms

Sesquis reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify the Terms, including the Service Fees, at any time and without prior notice. If we modify the Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of the Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

5. Eligibility

The Site, Application and Services are intended solely for persons who are 16 or older. Any access to or use of the Site, Application or Services by anyone under 16 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 16 or older.

How the Site, Application and Services Work

The Site, Application and Services can be used to facilitate the Matchings and Booking. Such Matchings are performed on the Site, Application and Services. You may only view Profiles and Results and Book as a registered visitor to the Site, Application and Services; if you wish to request a Matching, see Results, Book or create a Profile, you must first register to create a Sesquis Account (defined below).

As stated above, Sesquis makes available a platform or marketplace with related technology for Users to meet online and arrange for Matchings, Bookings and to see Results. Sesquis is not an employer or employment agency, nor is it a provider of recruitment services or a recruitment website. Sesquis’ responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited agent of each User for the purpose of accepting payments from Clients on behalf of the Solvers.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE MATCHING OF SOLVERS AND CLIENTS AND PARTNERS AND THE BOOKING. SESQUIS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROFILES AND THE SUITABILITY OF ANY SOLVERS FOR POSITIONS OR INTERNSHIPS. SESQUIS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL PROFILES, RESULTS, BOOKINGS AND MATCHINGS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE CLIENT’S OWN RISK.

6. Account Registration

In order to access certain features of the Site and Application, and to request a Matching, make a Booking or create a Profile, you must first register to create an account (“Sesquis Account”) and become a User. You may register to join the Services directly via the Site or Application or as described in this section.

You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Sesquis Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Sesquis through the Site, Services or Application; or (ii) allowing Sesquis to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Sesquis and/or grant Sesquis access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Sesquis to pay any fees or making Sesquis subject to any usage limitations imposed by such third party service providers. By granting Sesquis access to any Third Party Accounts, you understand that Sesquis will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Sesquis Account and Sesquis Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Sesquis Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Sesquis’ access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Sesquis Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Sesquis makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Sesquis is not responsible for any SNS Content.

We will create your Sesquis Account and your Sesquis Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Sesquis Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Sesquis reserves the right to suspend or terminate your Sesquis Account and your access to the Site, Application and Services if you create more than one (1) Sesquis Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Sesquis Account, whether or not you have authorized such activities or actions. You will immediately notify Sesquis of any unauthorized use of your Sesquis Account.

7. User Profiles, Posts and Booking

As a User, you may create Profiles. All Profiles must have valid physical addresses including a postcode. Solvers’ Profiles must contain information about their Course of Study, relevant experience, availability, hobbies and any other information which will facilitate the Booking and Matchings. Rates for the different categories in which each Solver is listed will need to be clearly displayed on their Profiles. Profiles will be made available only via the Site, Application and Services. Clients and Partners will be able to make a Booking via the Site, Application and Services based upon the information provided in the Results and in Solvers’ Profiles. Users understand and agree that once a Client or Partner requests a Booking of a Solver’s services, the price for such Booking may not be altered.

You acknowledge and agree that you are responsible for any and all Profiles and Posts you create. Accordingly, you represent and warrant that any Profiles or Posts you create and Booking, or Matching, your services (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Bookings made, and (b) not conflict with the rights of third parties. Please note that Sesquis assumes no responsibility for a Client’s or Partner’s compliance with any applicable laws, rules and regulations. Sesquis reserves the right, at any time and without prior notice, to remove or disable access to any Profile or Post for any reason, including Profiles and Posts that Sesquis, in its sole discretion, considers to be objectionable for any reason, in violation of the Terms or otherwise harmful to the Site, Application or Services.

8. No Agency

You understand and agree that Sesquis does not act as an insurer or as a contracting agent for you as a Solver. If a Client or Partner requests a Booking of your Services, any agreement you enter into with such Client or Partner is between you and the Client or Partner and Sesquis is not a party thereto. Notwithstanding the foregoing, Sesquis serves as the limited authorized agent of the Solver for the purpose of accepting payments from Clients and Partners on behalf of the Solver and is responsible for transmitting such payments to the Solver.

9. Requirements

When you create a Profile or Post, you may also choose to include certain requirements which must be met by the Users who are eligible to request a Booking of your services, including, but not limited to, requiring Users to have a profile picture and a verified phone number and an address with a valid postcode, in order to book your services. Any User wishing to Book a service offered in Profiles or Posts with such requirements must meet these requirements. More information on how to set such requirements is available via the “Creating a Profile or a Post” section of the Site, Application and Services.

10. Guidance for Solvers

If you are a Solver, Sesquis makes certain tools available to you to help you to make informed decisions about which Clients or Partners you choose to confirm for Booking. You acknowledge and agree that, as a Solver, you are responsible for your own acts and omissions.

Sesquis recommends that Solvers take advantage of the insurance offered via the Site Application and Services. Please review any insurance policy that you may have carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover your conduct while at the home or place of business of any Client or Partner.

11. No Endorsement

Sesquis does not endorse any Users. In addition, although the Terms require Users to provide accurate information, we do not attempt to confirm, and do not confirm, any User’s purported identity. You are responsible for determining the identity and suitability of others whom you contact via the Site, Application and Services. We will not be responsible for any damage or harm resulting from your interactions with other Users.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Sesquis with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users on the Site and Services regarding any Bookings, Matchings, Posts or Profiles made by or of you. This limitation shall not apply to any claim by a Solver against Sesquis regarding the remittance of payments received from a Client or Partner by Sesquis on behalf of a Solver, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

12. Bookings and Financial Terms

A. Bookings and Financial Terms for Solvers

If you are a Solver and a Booking is requested for your services via the Site, Application and Services, you will be required to either confirm or reject the Booking within 24 hours of when the Booking is requested (as determined by Sesquis in its sole discretion) or the Booking request will be automatically cancelled. When a Booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Client or Partner who has requested the booking, (ii) a link to the Client’s or Partner’s Sesquis Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Client or Partner on such SNS, and (iv) an indication that the name that the Client or Partner provided to Sesquis when the Client or Partner became a User matches the name that the Client or Partner provided to the SNSs to which the Client or Partner has linked his or her Sesquis Account, so that you can view such information before confirming or rejecting the Booking. If you are unable to confirm or decide to reject a Booking within such 24 hour period, any amounts collected by Sesquis for the requested Booking will be refunded to the applicable Client’s or Partner’s credit card or third party payment processor, such as PayPal, and any deposit from such credit card or third party payment processor will be released. When you confirm a Booking requested by a Client or Partner, Sesquis will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.

The fees displayed in each Profile and Post are a guide range of rates and fees applicable for each category of service provided by Solvers (collectively termed “the Fees”). Please note that it is the Solver and not Sesquis who finally determines Fees.

Sesquis charges a fee to Users based upon a percentage of the Fees “the Retention”. The Retention is added to the Fees to calculate the Total Fees displayed in the applicable Profile. Sesquis will collect the Total Fees at the time of Booking confirmation (i.e. when the Solver confirms the Booking within 24 hours of the Booking request) and will initiate payment of the Fees less the Retention to the Solver within 24 hours of when the services are performed. (except to the extent that a refund is due to the Client or Partner).

B. Appointment of Sesquis as Payment Agent for Solver

Each Solver hereby appoints Sesquis as the Solver’s limited agent solely for the purpose of collecting payments made by Clients or Partners on behalf of the Solver. Each Solver agrees that payment made by a Client or Partner to Sesquis shall be considered the same as a payment made directly to the Solver and the Solver will make their services available to the Client or Partner in the agreed upon manner as if the Solver has received the Fees. Each Solver agrees that, Sesquis may, in accordance with the cancellation policy selected by the Solver and reflected in the relevant Profile or Post, (i) permit the Client or Partner to cancel the Booking and (ii) refund to the Client or Partner that portion of the Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Solver, Sesquis assumes no liability for any acts or omissions of the Solver.

Please note that Sesquis does not currently charge fees for the creation of Profiles and Posts. However, you acknowledge and agree that Sesquis reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Profiles and Posts. Please note that Sesquis will provide notice of any Profile or Post fee collection via the Site, Application and Services, prior to implementing such a fee feature.

C. Bookings and Financial Terms for Clients and Partners

The Solvers, not Sesquis, are solely responsible for honoring any confirmed Bookings and making available any services reserved through the Site, Application and Services. If you, as a Client or Partner, choose to enter into a transaction with a Solver for the Booking of services, you agree and understand that you will be required to enter into an agreement with the Solver and you agree to accept any terms, conditions, rules and restrictions associated with such services imposed by the Solver. You acknowledge and agree that you, and not Sesquis, will be responsible for performing the obligations of any such agreements, that Sesquis is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Sesquis disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Sesquis is not a party to the agreement between you and the Solver, Sesquis acts as the Solver’s payment agent for the limited purpose of accepting payments from you on behalf of the Solver. Upon your payment of amounts to Sesquis which are due to the Solver, your payment obligation to the Solver for such amounts is extinguished, and Sesquis is responsible for remitting such amounts, less the Retention, to the Solver. In the event that Sesquis does not remit any such amounts to a Solver, such Solver will have recourse only against Sesquis.

D. Profiles and Posts will specify the Total Fees.

As noted above, the Solver is required to either confirm or reject the Booking within 24 hours of when the Booking is requested (as determined by Sesquis in its sole discretion) or the requested Booking will be automatically cancelled. If a requested Booking is cancelled (i.e. not confirmed by the applicable Solver), any amounts collected by Sesquis will be refunded to such Client or Partner, depending on the selections the Client or Partner makes via the Site and Application, and any deposits on such Client’s or Partner’s credit card or third party payment processor will be released, if applicable.

You agree to pay Sesquis for the Total Fees for any Booking in connection with your Sesquis Account if such Bookings are confirmed by the applicable Solver. In order to establish a Booking pending the applicable Solver’s confirmation of your requested Booking, you understand and agree that Sesquis, on behalf of the Solver, reserves the right, in its sole discretion, to obtain a deposit on your credit card or third party payment processor for the Total Fees. Once Sesquis receives confirmation of your Booking from the applicable Solver, Sesquis will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Profile or Post. Please note that Sesquis cannot control any fees that may be charged to a Client or Partner by his, her or its bank related to Sesquis’ collection of the Total Fees, and Sesquis disclaims all liability in this regard.

In connection with your requested Booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Sesquis or its third party payment processor. You agree to pay Sesquis for any confirmed Bookings made in connection with your Sesquis Account in accordance with these Terms by one of the methods described on the Site or Application – e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the Booking, either directly by Sesquis or indirectly, via a third party online payment processor such as PayPal or by one of the payment methods described on the Site or Application. If you are directed to Sesquis’ third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

13. Service Fees

In consideration for providing the Services, Sesquis collects service fees from Users (“Service Fees”). Service Fees are made up of two (2) components: (i) Admin Fees which reflect the cost of the transactions such as third party payment processor fees (“Admin Fees”) and (ii) a fee that is charged to the Solver based upon a percentage of the amount of the Fees (“the Retention”). The Retention is deducted from the Fees before remitting the Fees to the Solver, within 24 hours of when the services are completed. Admin Fees are, as noted above, included in the Total Fees.

Balances will be remitted by Sesquis to Solvers via cheque, PayPal, direct deposit or other payment methods described on the Site or via the Application, in the Solver’s currency of choice, depending upon the selections the Solver makes via the Site, Application and Services. Please note that for any payments by Sesquis in currencies other than Sterling, Sesquis may deduct foreign currency processing costs from such payments. More information on foreign currency processing cost deductions will be available via the Site and Application. Except as otherwise provided herein, Service Fees are non-refundable.

14. General Booking and Financial Terms

A. Cancellations and Refunds

If, as a Client or Partner, you cancel your requested Booking before the requested Booking is confirmed by a Solver, Sesquis will cancel any deposits from your credit card or its third party payment processor in connection with the requested Booking within a commercially reasonable time. If, as a Client or Partner, you wish to cancel a confirmed Booking made via the Site, Application and Services, either prior to or after the commencement of the delivery of the services, the cancellation policy of the Solver contained in the applicable Profile or Post will apply to such cancellation. Our ability to refund the Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application.

If a Solver cancels a confirmed Booking made via the Site, Services, and Application, (i) Sesquis will refund the Total Fees for such booking to the applicable Client or Partner within a commercially reasonable time of the cancellation and (ii) the Client or Partner will receive an email or other communication from Sesquis containing alternative Profiles and Posts and other related information. If the Client or Partner requests a Booking from one of the alternative Profiles or Posts and the Solver associated with such alternative Profile or Post confirms the Client’s or Partner’s requested Booking, then the Client or Partner agrees to pay Sesquis the Total Fees relating to the confirmed Booking for the services in the alternative Profile or Post, in accordance with these Terms. If a Solver cancelled a confirmed booking and you, as a Client or Partner, have not received an email or other communication from Sesquis, please contact Sesquis at support@sesquis.com

B. Recurring Payments

In some instances, Clients or Partners may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed Booking (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to your payment obligations for Total Fees owed for a confirmed booking, you authorize Sesquis, on behalf of the Solver, to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site, Application and Services.

C. Donations

Some Users may pledge to donate a portion of the funds they receive from confirmed Bookings made via the Site, Application and Services or simply to make a donation to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the User does in fact make the donation he, she or it pledged to make.

All Users agree to cooperate with and assist Sesquis in good faith, and to provide Sesquis with such information and take such actions as may be reasonably requested by Sesquis, in connection with any complaints or claims made by Users relating to the Site Application and Services or with respect to any investigation undertaken by Sesquis or a representative of Sesquis regarding use or abuse of the Site, Application or the Services. If you are a Client, upon Sesquis’ reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Solver, at no cost to you, which process will be conducted by Sesquis or a third party selected by Sesquis with respect to losses for which the Solver is claiming.

15. User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:

• violate any law or regulation, or any order of a court;

• use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;

• use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by the Terms;

• copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;

• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

• interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

• use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

• use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;

• "stalk" or harass any other User of our Site, Application, or Services or collect or store any personally identifiable information about any other User other than for purposes of transacting as Sesquis Solver, Client or Partner;

• register for more than one Sesquis Account or register for a Sesquis Account on behalf of an individual other than yourself;

• when acting as a Client, Partner or otherwise, recruit or otherwise solicit any Solver or other User to join third party services or websites that are competitive to Sesquis, without Sesquis’ prior written approval;

• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

• use automated scripts to collect information or otherwise interact with the Site, Application or Services;

• use the Site, Application and Services to find a Solver, Client or Partner and then complete a booking transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to Sesquis provision of the Services;

• as a User, submit any Profile or Post with false or misleading price information, or submit any Profile or Post with a price that you do not intend to honor;

• or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

• systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

• use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Sesquis’ name, any Sesquis trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Sesquis’ express written consent;

• access, tamper with, or use non-public areas of the Site or Application, Sesquis’ computer systems, or the technical delivery systems of Sesquis’ providers;

• attempt to probe, scan, or test the vulnerability of any Sesquis system or network or breach any security or authentication measures;

• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Sesquis or any of Sesquis’ providers or any other third party (including another User) to protect the Site, Services, Application or Collective Content;

• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;

• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
• advocate, encourage, or assist any third party in doing any of the foregoing.


Sesquis will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Sesquis may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that Sesquis has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with the Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Sesquis reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Sesquis, at its sole discretion, considers to be objectionable for any reason, in violation of the Terms or otherwise harmful to the Site, Application or Services.

16. Privacy

See Sesquis’ Privacy Policy at www.sesquis.com/terms and for information and notices concerning Sesquis’ collection and use of your personal information.

17. Ownership

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Sesquis Vita Limited (SVL) and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.

18. Sesquis Loyalty Program

As a Solver, by repeatedly receiving Bookings and/or referring your friends to request a Booking or create a new Profile that receives a confirmed booking via the Site, Application and Services, you may participate in the “Loyalty Program”, which is a loyalty program we offer to our Users. If you choose to participate in the Loyalty Program, for each booking made of you via the Site Application or Services, you may be able to qualify for reducing Retention Fees and discounts redeemable at participating local stores who are also Users and prizes to be awarded at the sole discretion of Sesquis (each a “Loyalty Reward”).

In order to receive a Loyalty Reward, each of the following requirements must be met (collectively, a “Qualifying Reward”): (i) you must receive to your Sesquis Account on the Site or Application a minimum of 10 confirmed Bookings over a one month period or (ii) you must share the link provided with friends by sending the unique referral link generated via the Services in an email via the Services to your friends; or by using the other tools provided by Sesquis to share the unique referral link with friends; (iii) a friend who clicks the link contained in the email must create a Sesquis Account and become a User; and (iv) after becoming a User, the friend must either request a Booking of Services which is confirmed by the applicable Solver or create a Profile which subsequently receives a confirmed Booking via the Services with Total Fees of at least thirty-five pounds (£35) that is not subsequently cancelled. Please note that you may not be the Solver or the Client or Partner for the Booking to receive a Loyalty Reward.

Satisfaction of a Qualifying Reward and the Loyalty Reward you receive will be reflected in your Sesquis Account in a commercially reasonable amount of time after the Qualifying Reward has been completed. The Loyalty Rewards you accrue will be displayed in your Sesquis Account Profile page. Loyalty Rewards can be accrued solely by you and you may not earn Loyalty Rewards by permitting another individual to use your Sesquis Account. Loyalty Rewards accrued in multiple Sesquis Accounts may not be combined into one Sesquis Account. You may not earn Loyalty Rewards by creating multiple Sesquis Accounts. By acquiring Loyalty Rewards, you agree and acknowledge that Sesquis is granting you a limited, revocable license to a digital item, and that Loyalty Rewards are not your personal property. You may not obtain any cash or money in exchange for Loyalty Rewards. Except as explicitly provided herein, Loyalty Rewards are non-transferable. Users are responsible for keeping track of the Loyalty Rewards in their Sesquis Accounts.

19. Application Licence

Subject to your compliance with the Terms, Sesquis grants you a limited non-exclusive, non-transferable licence to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Sesquis reserves all rights in the Application not expressly granted to you by the Terms.

20. Sesquis Content and User Content Licence

Subject to your compliance with the Terms, Sesquis grants you a limited, non-exclusive, non-transferable licence, to (i) access and view any Sesquis Content solely for your personal and non-commercial purposes and (ii) access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the licence rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in the Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SVL or its licensors, except for the licences and rights expressly granted in the Terms.

21. User Content

We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Site, Application and Services, you hereby grant to Sesquis a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the Site, Application and Services. Sesquis does not claim any ownership rights in any such User Content and nothing in the Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Sesquis the rights in such User Content, as contemplated under the Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Sesquis’ use of the User Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

22. Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Sesquis is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Sesquis of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

23. Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Sesquis used herein are trademarks or registered trademarks of SVL. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

24. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at support@sesquis.com or through the “Contact” www.sesquis.com/contact section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of SVL and you hereby irrevocably assign to SVL and agree to irrevocably assign to SVL all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At SVL’s request and expense, you will execute documents and take such further acts as SVL may reasonably request to assist SVL to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

25. Copyright Policy

Sesquis respects copyright law and expects its users to do the same. It is Sesquis’ policy to terminate in appropriate circumstances the Sesquis Accounts of Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Sesquis’ Copyright Policy at www.sesquis.com/terms for further information.

26. Termination and Sesquis Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate the Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your Sesquis Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Sesquis terminates the Terms, or your access to our Site, Application and Services or deactivates or cancels your Sesquis Account you will remain liable for all amounts due hereunder. You may cancel your Sesquis Account at any time via the “Cancel Account” feature of the Services or by sending an email to support@sesquis.com Please note that if your Sesquis Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

27. Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES AND PARTICIPATE IN THE LOYALTY PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SESQUIS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, SOLVERS, CLIENTS AND PARTNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND LOYALTY PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SESQUIS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SESQUIS MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE PROFILES OR ANY MATCHINGS OR POSTS, OR THE LOYALTY PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SESQUIS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PROFILES, POSTINGS OR MATCHINGS, YOUR ACCRUAL OF PRIZES OR LOWER RETENTIONS IN THE SESQUIS LOYALTY PROGRAM, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR LOYALTY PROGRAM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SESQUIS OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SOLVERS OR CLIENTS. YOU UNDERSTAND THAT SESQUIS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY CLIENTS. SESQUIS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CLIENTS , PARTNERS AND SOLVERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY SESQUIS. NOTWITHSTANDING SESQUIS’ APPOINTMENT AS THE LIMITED AGENT OF THE SOLVERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CLIENTS OR PARTNERS ON BEHALF OF THE HOSTS, SESQUIS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.

28. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR PROFILE OR POSTS OR MATCHING OR BOOKING OF ANY SERVICES VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE LOYALTY PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF SESQUIS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER SESQUIS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE LOYALTY PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE LOYALTY PROGRAM OR FROM YOUR PROFILE OR POSTS OR BOOKINGS OR MATCHINGS OF ANY SERVICES VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SESQUIS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE SOLVERS PURSUANT TO THESE TERMS IN NO EVENT WILL SESQUIS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR PROFILE OR POSTS OR BOOKING OF ANY SERVICES VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE LOYALTY PROGRAM AND IN CONNECTION WITH ANY SERVICES OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A CLIENT OR PARTNER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A SOLVER, THE AMOUNTS PAID BY SESQUIS TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED POUNDS (£100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SESQUIS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

29. Indemnification

You agree to release, defend, indemnify, and hold Sesquis and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of the Terms; (b) your User Content; (c) your (i) interaction with any User, (ii) booking of services, (iii) creation of a Profile or Post including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or use of any services under the Terms and (d) your participation in the Loyalty Program or your accrual of any Qualifying Rewards or Loyalty Rewards.

30. Accessing and Downloading the Application from iTunes

The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):

You acknowledge and agree that (i) the Terms are concluded between you and Sesquis only, and not Apple, and (ii) Sesquis, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Sesquis and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Sesquis.

You and Sesquis acknowledge that, as between Sesquis and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and Sesquis acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Sesquis and Apple, Sesquis, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.

You and Sesquis acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

Without limiting any other terms of the Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

31. Reporting Misconduct

If you connect with or provide a service or services to anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Sesquis by contacting us with your police station and report number at support@sesquis.com provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

32. Entire Agreement

The Terms constitute the entire and exclusive understanding and agreement between Sesquis and you regarding the Site, Application, Services, Collective Content, Loyalty Program, and any bookings or Matchings or provision of services made via the Site, Application and Services, and the Terms supersede and replace any and all prior oral or written understandings or agreements between Sesquis and you regarding bookings or matchings of provision of services, the Site, Application, Services, Collective Content and Referral Program.

33. Assignment

You may not assign or transfer the Terms, by operation of law or otherwise, without Sesquis’ prior written consent. Any attempt by you to assign or transfer the Terms, without such consent, will be null and of no effect. Sesquis may assign or transfer the Terms, at its sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

34. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by Sesquis (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

35. Controlling Law and Jurisdiction

The Terms will be interpreted in accordance with the laws of the United Kingdom, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a court located in The United Kingdom for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

36. Dispute Resolution

You and Sesquis agree that any dispute, claim or controversy arising out of or relating to the Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Sesquis are each waiving the right to a trial by jury or to participate as a claimant or class member in any purported class action or representative proceeding. Further, unless both you and Sesquis otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the Terms.

A. Arbitration Rules and Governing Law.

The arbitration will be administered by an Arbitrator appointed by the President for the time being of the Law Society Of England and Wales (“LSEW’) in accordance with any Rules and provisions then in effect.

B. Arbitration Process.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration. The Arbitrator will be a person as appointed above. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the LSEW will appoint the arbitrator in accordance with the LSEW Rules.

C. Arbitration Location and Procedure.

Unless you and Sesquis otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed £10,000, then the arbitration will be conducted solely on the basis of documents you and Sesquis submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds £10,000, your right to a hearing will be determined by the terms of the arbitrator’s appointment or the LSEW Rules. Subject to the terms of the arbitrator’s appointment or the LSEW Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

D. Arbitrator’s Decision.

The arbitrator will render an award within the time frame specified under the terms of his appointment or in the LSEW Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of lawyers’ fees and expenses, to the extent provided under applicable law. Sesquis will not seek, and hereby waives all rights it may have under applicable law to recover, lawyers’ fees and expenses if it prevails in arbitration.

E. Fees.

Your responsibility to pay any fees and costs of the arbitration including arbitrator’s costs. However, if your claim for damages does not exceed £60,000, Sesquis will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose.

F. Changes.

Notwithstanding the provisions of the “Modification” section above, if Sesquis changes this “Dispute Resolution” section after the date you first accepted the Terms (or accepted any subsequent changes to the Terms), you may reject any such change by sending us written notice (including by email to support@sesquis.com within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Sesquis’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will submit to arbitration of any Dispute between you and Sesquis in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).

37. General

The failure of Sesquis to enforce any right or provision of the Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sesquis. Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies under the Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of the Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Terms will remain in full force and effect.

38. Contacting Sesquis

If you have any questions about these Terms or any App Store Sourced Application, please contact Sesquis at support@sesquis.com.