Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

IN PARTICULAR, SELLERS AND BUYERS OF A SKILL SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE COUNTRIES. THESE LAWS ARE OFTEN PART OF A COUNTRY’S ZONING OR ADMINISTRATIVE CODES.  LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. SELLERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SKILL AT TEKNEY.

Key Terms

  1. tekney provides an online platform that connects people who have skills to list and those to seek such skills to buy. Services are accessible at www.tekney.com and any other websites through which tekney makes the Services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).
  2. skill” means the ability to carry out a task with pre-determined results often within a given amount of time, energy, or both.
  3. TEKNEY Content” means all Content that TEKNEY makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
  4. BUYER” means a Member who requests from a Seller a Booking of a Listing via the Site, Application or Services.
  5. Seller” means a Member who creates a Listing via the Site, Application and Services.
  6. Listing” means a skill that is listed by a Seller as available for Booking via the Site, Application, and Services.
  7. Member” means a person who completes TEKNEY’s account registration process, including but not limited to Sellers and BUYERS, as described under “Account Registration” below.
  8. Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or TEKNEY promotional campaign to be made available through the Site, Application or Services.
  9. Tax” or “Taxes” mean any sales taxes, value added taxes (VAT)

Tekney’s Process Flow

  1. Normal flow

Buyer places order and makes payment

The payment goes to tekney’s bank account

The money is transferred automatically two calendar days after the service is provided and tekney reserves a 10% commission

-Minimum amount of withdrawal is 500DKK/70 EUR

The buyer is encourage to rate the service provided

  1. If service is postponed

then the buyer needs to update the calendar in tekney system and the payment will follow two calendar days after the service is provided

  1.  If the service is cancelled

The buyer has to register the cancellation in the system and the money will be returned

  1.  If service is not delivered

The the buyer of the service has to inform tekney no later than the next day so tekney can cancel the payment

Terms of Service

  1. By using the Site, Application or Services, 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 and constitute a binding legal agreement between you and tekney.
  2. In addition, 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, standards, guidelines, or policies 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. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
  4. THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH SELLERS MAY CREATE LISTINGS FOR THEIR SKILLS AND BUYERS MAY LEARN ABOUT AND BOOK SERVICES DIRECTLY WITH THE SELLERS. YOU UNDERSTAND AND AGREE THAT TEKNEY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SELLERS AND BUYERS, NOR IS TEKNEY A RECRUITMENT PARTNER, AGENT OR INSURER.  HAS NO CONTROL OVER THE CONDUCT OF SELLERS, BUYERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES.
  5. IF YOU CHOOSE TO CREATE A LISTING ON TEKNEY, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH TEKNEY IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF TEKNEY FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF TEKNEY. TEKNEY DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF TEKNEY, INCLUDING BY INAPPROPRIATELY USING ANY TEKNEY INTELLECTUAL PROPERTY.
  6. 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, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES, 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. If you accept or agree to these 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.

Modification

  1. TEKNEY reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your TEKNEY Account you will be deemed to have accepted the changes.

Eligibility

  1. The Site, Application and Services are intended solely for persons who are 15 or older. Any access to or use of the Site, Application or Services by anyone under 15 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 15 or older.
  2. For users below the age of 18 you must comply to only perform light work. Young people up to 18 years may not work in the following areas: with dangerous tools and equipment within hazardous work processes

How the Site, Application and Services Work

  1. The Site, Application and Services can be used to facilitate the selling and buying of skills (services). Such skills are included in Listings on the Site, Application and Services by Sellers. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to sell or buy a skill or create a Listing, you must first register to create an TEKNEY Account.
  2. As stated above, TEKNEY makes available an online platform or marketplace with related technology for BUYERS and Sellers to meet online and arrange for Bookings of skills directly with each other. TEKNEY is not a  temporary staffing, permanent placement, career transition and talent development, company
  3. PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE SELLERS AND BUYERS CONNECTING DIRECTLY WITH EACH OTHER. TEKNEY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SERVICES. TEKNEY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.

Account Registration

  1. In order to access certain features of the Site and Application, and to buy or sell a skill, you must register to create an account (“TEKNEY Account“) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
  2. 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 TEKNEY Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to TEKNEY through the Site, Services or Application; or (ii) allowing TEKNEY to access your Third-Party Account, as 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 TEKNEY and/or grant TEKNEY 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 TEKNEY to pay any fees or making TEKNEY subject to any usage limitations imposed by such third-party service providers. By granting TEKNEY access to any Third-Party Accounts, you understand that TEKNEY 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 TEKNEY Account and TEKNEY 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 TEKNEY Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or TEKNEY’s 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 TEKNEY 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. TEKNEY makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and TEKNEY is not responsible for any SNS Content.
  3. Your TEKNEY Account and your TEKNEY Account profile page will be created 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 TEKNEY 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. TEKNEY reserves the right to suspend or terminate your TEKNEY Account and your access to the Site, Application and Services if you create more than one (1) TEKNEY Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
  4. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
  5. Unless expressly authorized by a specific feature on TEKNEY, you are not permitted to share your TEKNEY Account with anyone or allow others to access or use your TEKNEY Account. TEKNEY may enable features, in our discretion, that allow other Members to take certain actions associated with your TEKNEY Account, on your behalf with your express authorization, such as having your executive assistant, travel agent, or employer book on your behalf or adding a family member to your account as an additional Seller. You agree that you will take sole responsibility for any activities or actions under your TEKNEY Account, whether or not you have authorized such activities or actions. You will immediately notify TEKNEY of any unauthorized use of your TEKNEY Account.

Skill Listings

  1. As a Member, you may create Listings of your skills. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to ratings.
  2. Other Members will be able to book your skill via the Site, Application and Services based upon the information provided in your Listing, your skill requirements, and skill’ search parameters and preferences. You understand and agree that once a buyer requests a Booking of your skill, you may not request the buyer to pay a higher price than in the seller profile.
  3. You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post.
  4. If you are a buyer or seller of a skill, you understand and agree that TEKNEY does not act as an insurer or as your contracting agent.
  5. When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a skill, such as requiring Members to have a profile picture or verified phone number, in order to book your Accommodation.
  6. If you are a buyer, TEKNEY makes certain tools available to you to help you to make informed decisions about which Members you choose.
  7. As a seller, you are responsible for your own acts
  8. TEKNEY recommends that sellers and buyers obtain appropriate insurance for the services. Please review any insurance policy that you may have, 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 the actions or inactions

No Endorsement

  1. TEKNEY does not endorse any Member. You understand that profiles are intended only to indicate a representation of the person at the time the profile was made.
  2. Members are required by these Terms to provide accurate information. Although TEKNEY may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
  3. By registering for an TEKNEY Account, you agree that TEKNEY may – but is not obligated to – request identification.
  4. Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by TEKNEY about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to proceed with a seller.
  5. 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 Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from TEKNEY with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any  Listings made by you.

Taxes

  1. You as a seller understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. TEKNEY cannot and does not offer Tax-related advice to any Members.
  2. Where applicable, or based upon request from a Seller, TEKNEY may issue a valid VAT invoice to such Seller.
  3. You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your Accommodation is located may require Taxes to be collected  on the amount paid for the service and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the service Fees set by sellers.

Damages

  1. As a seller, you are encouraged to provide your best service possible

  1. Both Seller and Buyers agree to cooperate with and assist TEKNEY in good faith, and to provide TEKNEY with such information and take such actions as may be reasonably requested by TEKNEY, in connection with any complaints or claims

User Conduct

  1. 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 Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
    • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
    • use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
    • access or use our Site, Application, Services or the TEKNEY API to use, expose, or allow to be used or exposed, any TEKNEY Content: (i) that is not publicly displayed by TEKNEY in its search results pages or listing pages before a Booking is confirmed; (ii) in any way that is inconsistent with the TEKNEY Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of TEKNEY’s users or any other third party;
    • use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies TEKNEY endorsement, partnership or otherwise misleads others as to your affiliation with TEKNEY;
    • dilute, tarnish or otherwise harm the TEKNEY brand in any way,
    • including through unauthorized use of Collective Content,
    • registering and/or using TEKNEY or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to TEKNEY domains, trademarks, taglines, promotional campaigns or Collective Content
    • copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
    • infringe the rights of TEKNEY or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
    • 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, backdoors, 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, Services or Collective Content 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, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an TEKNEY seller or buyer;
    • offer, as a seller, any skill that you do not yourself have permission to provide by law
    • register for more than one TEKNEY Account or register for an TEKNEY Account on behalf of an individual other than yourself;
    • contact another Member for any purpose other than asking a question related a Listing, or the Member’s use of the Site, Application and Services;
    • 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 from or otherwise interact with the Site, Application, Services or Collective Content;
    • use the Site, Application, Services or Collective Content to find a seller or buyer and then complete a service independent of the Site
    • as a seller, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor
    • engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
    • 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 (directly or by omission or failure to update information) 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, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, TEKNEY’s name, any TEKNEY trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without TEKNEY’s express written consent;
    • access, tamper with, or use non-public areas of the Site, Application or Services, TEKNEY’s computer systems, or the technical delivery systems of TEKNEY’s providers;
    • attempt to probe, scan, or test the vulnerability of any TEKNEY system or network or breach any security or authentication measures;
    • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TEKNEY or any of TEKNEY’s 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;
    • advocate, encourage, or assist any third party in doing any of the foregoing; or
    • accept or make a payment for Accommodation Fees outside TEKNEY Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold TEKNEY harmless from any liability for such payment.
  2. TEKNEY has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, TEKNEY may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your Listing(s) or TEKNEY Account, for a violation of this Section or these Terms.
  3. TEKNEY may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against TEKNEY or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms  (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of TEKNEY, its users, or members of the public. You acknowledge that TEKNEY has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review, remove, disable access to or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. TEKNEY reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that TEKNEY, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Reporting Misconduct

  1. If you are buying s skill from 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 TEKNEY by contacting us with your police station and report number; 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.

Privacy

  1. You agree that TEKNEY’s privacy policy (as may be updated from time to time) governs TEKNEY’s collection and use of your personal information.

Application License

  1. Subject to your compliance with these Terms, TEKNEY grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. TEKNEY reserves all rights in the Application not expressly granted to you by these Terms.

TEKNEY Content and Member Content License

  1. Subject to your compliance with these terms TEKNEY grants you a limited, non-exclusive, non-transferable license, to (i) access and view any TEKNEY Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
  2. 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 these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TEKNEY or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

  1. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through TEKNEY promotional campaigns, you hereby grant to TEKNEY a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. TEKNEY does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
  2. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through TEKNEY promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through TEKNEY promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to TEKNEY the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or TEKNEY’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or TEKNEY promotional campaigns 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.

Links

  1. The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that TEKNEY 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 TEKNEY 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.
  2. Some portions of the TEKNEY platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.

Feedback

  1. 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, through the “contact” section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of TEKNEY and you hereby irrevocably assign to TEKNEY and agree to irrevocably assign to TEKNEY 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, and waive any moral rights you may have in such Feedback. At TEKNEY’s request and expense, you will execute documents and take such further acts as TEKNEY may reasonably request to assist TEKNEY to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Term and Termination, Suspension and Other Measures

    • Termination for convenience
    • You may terminate these Terms at any time by sending us an email. If you cancel your TEKNEY Account as a seller, any confirmed Bookings will be automatically cancelled and your BUYERS will receive a full refund. If you cancel your TEKNEY Account as a buyer, any confirmed Booking will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.
    • Termination for breach, suspension and other measures
    • TEKNEY may immediately, without notice terminate these Terms if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “User Conduct” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the TEKNEY Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) TEKNEY believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, TEKNEY or third parties, for fraud prevention, risk assessment, security or investigation purposes.
    • In addition TEKNEY may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed Bookings, limit your use of or access to your TEKNEY Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your TEKNEY Account, or temporarily or permanently suspend your TEKNEY Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Sellers or BUYERS, or (ii) TEKNEY believes in good faith that such action is reasonably necessary to protect the safety or property of Members, TEKNEY or third parties, for fraud prevention, risk assessment, security or investigation purposes.
    • In case of non-material breaches and where appropriate, you will be given notice of any measure by TEKNEY and an opportunity to resolve the issue to TEKNEY’s reasonable satisfaction.
    • Consequences
    • If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your TEKNEY Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your TEKNEY Account has been suspended or this Agreement has been terminated by us, you may not register a new TEKNEY Account or attempt to access and use the Site, Application and Services through other TEKNEY Accounts.
    • Survival
    • If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

Disclaimers

  1. IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TEKNEY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, BUYERS AND SELLERS. BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS, IN OUR SOLE DISCRETION, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION TO IDENTIFY A MEMBER. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
  2. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TEKNEY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TEKNEY MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TEKNEY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SELLERS, BUYERS, YOUR ACCRUAL OF TEKNEY TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
  3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TEKNEY OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  4. 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 SELLERS OR BUYERS. YOU UNDERSTAND THAT TEKNEY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW. TEKNEY 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, BUYERS AND Sellers, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TEKNEY. TEKNEY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY BUYER OR OTHER THIRD PARTY.

Limitation of Liability

  1. 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 LISTING OR BOOKING OF ANY SERVICE VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF TEKNEY WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER TEKNEY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL 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 THESE 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 REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION 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 TEKNEY 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.
  2. EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE Sellers PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE TEKNEY Sellers GUARANTEE, IN NO EVENT WILL TEKNEY’S 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 LISTING OR BOOKING OF ANY ACCOMMODATION 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 REFERRAL PROGRAM AND IN CONNECTION WITH ANY SERVICES OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A BUYER

Indemnification

  1. You agree to release, defend, indemnify, and hold TEKNEY 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 these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of an Accommodation, or (iii) creation of a Listing; (d) the use, condition or Booking of an Accommodation by you, 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 an Accommodation; and (e) your participation in the Referral Program or your accrual of any TEKNEY Travel Credits.

Entire Agreement

  1. Except as they may be supplemented by a document referenced and incorporated herein or by additional TEKNEY policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between TEKNEY and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any Bookings or Listings of Accommodations made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between TEKNEY and you regarding Bookings or listings of services, the Site, Application, Services, and Collective Content (excluding Payment Services).

Assignment

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

Notices

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

Dispute Resolution

  1. If any dispute between buyer and seller then tekney will be steping in as a first step to examine the case and try to solve the case at that level. Incase of further dispute then the buyer and seller should solve the dispute case through authorized legal representatives.

General

  1. The failure of TEKNEY to enforce any right or provision of these 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 TEKNEY. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.