Please read these Terms and Conditions (“Terms”) carefully before using the Platform website and ("Platform") operated by “LLC Da Best” ("us", "we", or "our").

By creating an account, you agree to these Terms of use and Privacy Policy.

Your access to and use of the Platform is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Platform.

By using the Platform you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Platform

Services

We make various services available on Platform for service businesses. Fees for the various services are set out in these Terms below or described elsewhere in this site. You are solely responsible for providing, all equipment necessary to use the services.

Key Terms

“Platform” means all websites, mobile or other applications, software, processes and any other services provided by or through.

“Member” means a person who completes the account registration process or a person who submits or receives a request through, including but not limited to Providers and Customers.

“Customer” means a Member who is registered to receive quotes for Provider Services, requests quotes for Provider Services, or otherwise uses the Platform to receive, pay for, or facilitate the receipt of Provider Services.

“Provider” means a Member who is registered to send quotes for Provider Services, sends quotes for Provider Services, or otherwise uses the Platform to provide, receive payment for, or facilitate the provision of Provider Services.

"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Provider Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.

“Platform Content” means all Content we make available on or through the Platform, including any Content licensed from a third party, but excluding User Content.

“User Content” means all Content you submit, post, upload, publish, or transmit on or through the Platform, including but not limited to photographs, videos, profile information, descriptions, postings, and reviews.

“Collective Content” means User Content and Platform Content together.

“Provider Services” means the services listed, quoted, scheduled, offered or provided by Providers, or sought, scheduled or received by Customers, through the Platform.

Eligibility

You must be at least 18 years of age and capable of forming legally binding contracts under applicable law in order to access this site.

By accessing or using the Platform, you represent and warrant that you are eligible. By registering or using the Platform to offer, post or provide Provider Services,

Providers represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Provider Services and in relation to the specific job they are performing.

Providers understand and agree that sending a quote does not guarantee the quote will be read, and using the Platform does not guarantee they will be hired for work.

Platform does not provide Provider Services. Providers understand and agree that by creating an account on the Platform, they receive only the ability to use the Platform to access persons interested in receiving Provider Services and related tools, including but not limited to the ability to message those persons or schedule appointments, that facilitate the provision of Provider Services.

Providers understand and agree that using the Platform does not guarantee that anyone include by will engage, book, hire or pay them for Platform.

Providers understand and agree that they are not Platform employees.

Providers understand and agree that they are customers of Platform, not partners, agents, joint ventures, or employees.

Providers acknowledge that they represent themselves and their business only, that they set or confirm their prices or rates, provide their equipment, and create their own work schedule.

Platform has no right to control and does not in any way control the services provided to Customers, or any other person, by Providers except as specifically mentioned herein.

Your obligations 

You shall not, directly or indirectly:

■      reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Platform or any software, documentation, or data related to the Platform (“Software”);

■      modify, translate, or create derivative works based on the Platform or any Software;

■      access all or any part of the Platform or the Software in order to build a product or service which competes with the Platform;

■      use the Platform to provide services to third parties;

■      licence, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Platform available to any third party except the employees or agents of the Customer;

■      use the Platform in a manner that is illegal or causes damage or injury to any person or property;

■      access, store, distribute or use of any malware or any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; promotes unlawful violence; is discriminatory based on race, gender, color, religious belief, sexual orientation, disability; or

■      attempt to obtain, or assist third parties in obtaining, access to the Platform.

 

Account Registration And Other Submissions

User Content and Conduct

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content.

By making available any User Content on or through the Platform, you grant to Platform a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Platform or Provider Services, or for any other purpose in our sole discretion. Private messaging through the Platform will not be used by Platform in public advertising.

You are solely responsible for all User Content that you make available on or through the Platform.

Accordingly, you represent and warrant that:

(a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Platform the rights in such User Content, as contemplated under these Terms;

(b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Platform use of the User Content (or any portion thereof) or violate rights of a third party;

(c) you are solely responsible for moderating comments, feedback, photos and questions left by Users on the Platform;                                    and                    

(d) it is your sole responsibility to ensure that content, posted by the User is acceptable, and non-offending to any other Users and accordingly remove such kind of content.

You agree that Platform may proofread, summarize or otherwise edit and withdraw Content provided by you, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.

You further agree that you are the author of all Content you create and submit to the Platform and that you own such Content, subject to the license rights granted in these Terms.

Platform is not responsible for any kind of content posted by Users. At the same time, Platform reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider being objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.

Copyright Policy 

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Platform infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement. You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and through the Platform on your copyright.

Intellectual Property 

The Platform and its original content (excluding Content provided by users), features and functionality are and will remain our exclusive property and The Platform is protected by copyright, trademark, and other laws around the world. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent

Links To Other Websites 

Our Platform may contain links to third-party websites or services that are not owned or controlled by us.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of these entities/individuals or their websites.

You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Fees and Taxes

Platform provides an opportunity to choose the type of subscription, payment and services that will be offered on the corresponding page of Platform. You agree to pay the monthly, semi-annual or any offered subscription fee and any one-time or other recurring charges listed on your Order or any subsequent invoice.

You will be responsible for any taxes due associated with such fees. The rates specified at Platform do not include any extra charges that may apply for any additional services that you elect, including separate charges that may apply for optional third-party applications, services or features, such as online payment processing or third-party applications that integrate with Platform, except as otherwise provided in your Platform description or invoice.

You agree to pay for any such services that you use or request at our standard rates or the third-party provider’s specified rates.

In order to use Platform as a Provider, you must have at least one valid payment method. We will not store or collect your payment card details. That information is provided directly to our third-party payment processors, whose use of your personal information is governed by their Privacy Policy and Terms of Use.

For any applicable Provider Fees, Platform will first attempt to charge the default payment method.

If Platform is unable to charge the default payment method for any reason--including but not limited to exceeding a payment method’s credit limit, payment method cancellation, a payment method being out of date, or payment method details being incorrect – you agree that Platform may charge any other payment method associated with your account.

If any Fee is not paid in a timely manner, or we are unable to process your transaction using the payment method provided, we reserve the right to terminate or suspend your Account.

If you cancel your Account at any time, you will not receive any refund.

If you have a balance due on any Account, you agree that Platform may charge such unpaid Fees to any payment method or otherwise bill you for such unpaid Fees.

Payments required by these Terms may be stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”).

You may receive certain promotions, offers, or discounts from Platform (collectively, “Promotions”), including but not limited to discounted Fees or free use of the Platform for a limited period. Any Promotions are offered at our discretion and may be revoked at any time.

Changes and termination 

We reserve the sole right to either modify or discontinue the site, including any features, at any time, with or without notice to you. We will not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

We may terminate or suspend access to Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification 

You agree to defend, indemnify and hold us harmless and our licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Platform, b) a breach of these Terms.

Limitation Of Liability 

In no event shall company name,nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Platform; (ii) any conduct or content of any third party on the Platform; (iii) any content obtained from the Platform; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Disclaimer 

Your use of the Platform is at your sole risk. The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. The Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Company name, subsidiaries, affiliates, and its licensors do not warrant that a) the Platform will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Platform is free of viruses or other harmful components; or d) the results of using the Platform will meet your requirements.

Governing Law 

These Terms shall be governed and construed in accordance with the laws of Florida, USA, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Platform, and supersede and replace any prior agreements we might have had between us regarding the Platform.

Changes 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Platform after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform.

Contact Us 

You may contact us regarding the Platform or these Terms at: info@dbestportal.com