The following Terms and Conditions (“Terms”) shall apply to all business relations between EnMove and you the User of EnMove, our Travel Assistance Platform at www.enmove.net (our “Platform”) and our client and travel assistant connecting services (“Services”). Please read these Terms carefully before using our Platform. These Terms constitute a legal agreement between you and EnMove governing the use of our Platform and our services. We licence use of our Platform to you on the basis of these Terms.
1.1. We are EnMove of 12 Fisherman's Avenue, BH6 3SQ, Bournemouth, United Kingdom (“EnMove”, “we”, “us”, or “our”).
1.2. To contact us, please use [Insert Email address].
1.3. The following additional terms apply to your use of our Platform and Services and form part of these Terms:
1.3.1. Our Privacy Policy;
1.3.2. Our Cookie Policy.
1.4. These Terms were last updated on Wednesday, 27th December 2023, and are the current and valid version.
2.1. Users within the meaning of these Terms are both Client’s seeking travel assistants (hereinafter “Service User(s)”) via a relevant listing (“Service User Listing”) and professional Travel Assistants (hereinafter “Travel Assistant(s)”) via a profile (“Travel Assistant Profile”) and both collectively “User(s)”.
2.2. Service Users within the meaning of these Terms are legal persons with whom Travel Assistants enter into business relations without them acting in the exercise of or for the purpose of a commercial or independent professional activity.
2.3. Travel Assistants within the meaning of these Terms are natural or legal persons or persons and companies with legal capacity with whom Service Users enter into business relations and who are acting in the exercise of their commercial or self- employed professional activity.
2.4. Supplemental Terms of Service or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
2.5. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Platform after the date such revised Terms and Conditions are posted.
2.6. You agree that by accessing the Platform, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Platform, and you must discontinue use immediately.
3.1. EnMove does not offer the services and merely provides the technical and organisational infrastructure to ensure the proper conduct of transactions on the Platform.
3.2. EnMove does not itself become a contracting party to the contracts concluded exclusively between the Users.
3.3. Users themselves are responsible for compliance with legal requirements and the assertion of claims arising from the contracts they have concluded. In particular, EnMove does not guarantee:
3.3.1. the accuracy and completeness of the statements and declarations made in relation to the services offered,
3.3.2. the services offered as such; and
3.3.3. the conduct and performance of the relevant Service User/Travel Assistant, respectively.
3.4. Users are required to comply with applicable laws when using the Platform and Service.
3.5. It is each Travel Assistant's own responsibility to ensure that their offers are lawful and do not infringe the rights of third parties.
3.6. Users may not use addresses, contact details and e-mail addresses obtained through the use of EnMove for any purpose other than contractual and pre- contractual communication. In particular, it is forbidden to resell this data or use it to send advertising, unless the respective Users have expressly consented to this in advance.
3.7. Users hereby agree for himself or herself, his/her officers, directors, agents, associates and any related parties, that they will not, directly or indirectly, contact, deal with or otherwise become involved with any entity or any other entities or parties introduced, directly or indirectly, by or through the Platform, for the purpose of avoiding the payment of profits, fees or otherwise to EnMove, without the specific written approval of the EnMove.
3.8. The content published on EnMove by the respective Users is generally not reviewed by EnMove and does not represent the opinion of EnMove.
3.9. EnMove is entitled to check the personal details of the Travel Assistants by means of suitable official documents in order to confirm the correctness of the data entered.
3.10. Although EnMove is reviewing, vetting and selecting the Travel Assistants upon sign-up, EnMove can only perform a limited review of the documentation and qualifications provided by Travel Assistants. Therefore, no guarantee can be given for the accuracy of the Services provided by the respective Travel Assistants.
3.11. Subject to the foregoing, the Service for Service Users is limited to giving them the opportunity to create a profile, to get to know Travel Assistants and the service for Travel Assistants, is limited to giving them the opportunity to create a profile, through which other Service User are encouraged to contact them, at their own initiative. EnMove does not guarantee that Service Users will find suitable Travel Assistants or that Travel Assistants will find suitable Service Users.
3.12. EnMove assumes no liability for the content that Travel Assistants provide, nor the ability to fulfil the requirements for a by the Travel Assistants advertised service or also any information provided by the Travel Assistants.
3.13. EnMove reserves the right to delete a Users’ profile in the case of false information and gross violations of these Terms without prior notification or naming of reasons. In the case of gross deception, falsification of documents or other willful misrepresentation, EnMove will take appropriate action, including legal action.
4.1. The prices shown on the Platform are final and include the statutory value added tax, insofar as this is applicable to the respective service and a Service Charge (“Service Charge”) as set out and shown in the Platform.
4.2. The applicable prices are shown in the respective service description. The Service Users undertakes to pay this price. Payment is due upon ordering the service or product.
4.3. EnMove reserves the right to change the in 4.2 described Service Charge at any time.
4.4. Prices and methods of payments are published on the Platform, the content of which is included in these Terms by reference.
4.5. Payment is considered to be completed when the money is credited to EnMove’ account or a third party, collecting fees on behalf of Travel Assistants.
4.6. The Service User is solely responsible for ensuring that the payment made is correct and abiding by any taxes applicable in their own country of residence.
4.7. The Service User is solely responsible for paying for third-party services (such as services communications, Internet, etc.) required to receive services.
4.8. Payments services of EnMove are processed by a payment service provider acting on the basis of an agreement with EnMove. All rights and obligations arising in relation to the payment process are directly between the payment service provider and the Service User.
4.9. EnMove does not process or have access to any of the Service User’s personal payment or bank details provided in connection with the settlement of payments.
4.10. EnMove does not store the details of bank cards on their resources, including servers, cloud storage, etc.
4.11. In the event of default in payment, EnMove may suspend the continuation of all current orders, irrespective of the exercise of other rights.
5.1. When providing service offers available for purchase on EnMove, the Travel Assistant will be required to select a price for the service.
5.2. When a Service User purchases services, EnMove calculates the gross amount of the sale as the amount actually received by EnMove from the Service User. From this, EnMove will subtract any Transaction Taxes and a Service and Processing fee as set out and shown in the Platform, and any amounts paid to third parties in connection with the content to calculate the net amount of the sale.
5.3. EnMove reserves the right to change the in 5.2 described service and processing fee at any time.
5.4. EnMove is not responsible for currency conversion fees, wiring fees, or any other processing fees that you may incur. Your revenue report will show the sales price and your converted revenue amount.
5.5. EnMove and the Travel Assistant each expressly agree and understand that they are creating an independent contractor relationship, and that the Travel Assistant shall not be considered an employee of EnMove for any purpose. The Travel Assistant is not entitled to receive or participate in any medical, retirement, vacation, paid or unpaid leave, or other benefits provided by EnMove to its employees.
5.6. The Travel Assistant is exclusively responsible for all Social Security, self- employment, and income taxes, disability insurance, workers’ compensation insurance, any other statutory benefits otherwise required to be provided to employees, and all fees and licences, if any, required for the performance of the services hereunder.
5.7. To withdraw revenue, the Travel Assistant must have an account with at least one of EnMove's Payment Service Providers for the withdrawal methods listed below. All funds eligible for Withdrawal will be held on your behalf at an account with EnMove’s Payment Services Provider. All payment services, including withdrawal services, will be provided by EnMove’s Payment Services Provider.
5.8. The Travel Assistant`s EnMove profile can be associated with only one account from each EnMove withdrawal method. A Payment Service Provider withdrawal account can be associated with only one EnMove profile.
5.9. Revenues are only made available for withdrawal from the Revenue page after the order is marked as complete.
5.10. For security concerns, EnMove may temporarily disable a Travel Assistant’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behaviour reported by other Users, or associating multiple EnMove accounts to a single withdrawal provider.
6.1. By using the Platform, you represent and warrant that:
6.1.1. all registration information you submit will be true, accurate, current, and complete;
6.1.2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
6.1.3. you have the legal capacity, and you agree to comply with these Terms;
6.1.4. you are not under the age of 18;
6.1.5. you will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise;
6.1.6. you will not use the Platform for any illegal or unauthorised purpose;
6.1.7. your use of the Platform will not violate any applicable law or regulation.
6.1.8. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).
7.1. By posting your Service User Listings or Travel Assistant Profiles (“Contributions”) to any part of the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image, and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
7.2. This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
7.3. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platform.
7.4. You are solely responsible for your Contributions to the Platform, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
7.5. We have the right, in our sole and absolute discretion,
7.5.1. to edit, redact, or otherwise change any Contributions;
7.5.2. to re-categorize any Contributions to place them in more appropriate locations on the Platform; and
7.5.3. to pre-screen or delete any Contributions at any time and for any reason, without notice.
7.6. We have no obligation to monitor your Contributions.
8.1. You irrevocably and unconditionally represent and warrant that any of your Contributions uploaded to our Platform complies with the UK`s Data Protection Act (“DPA”) and the EU counterpart the General Data Protection Regulation (“GDPR”) and any other applicable laws.
8.2. You are fully responsible for your Contributions uploaded to our Platform. We will not be responsible, or liable to any third party, for:
8.2.1. the Contributions or accuracy of any Contributions or data uploaded by you, by us on your behalf, or any other user of our Platform; or
8.2.2. the loss of any Contributions or data provided to us by you. You should keep a record of all such Contributions and data.
8.3. We will only use the Contributions uploaded by you for the purposes of carrying out the services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us.
8.4. We will not otherwise disclose or distribute the Contributions uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
8.5. We may use the Contributions uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such Contributions shall be anonymized and used only for the purposes of improving the services and our response to users of the Platform.
9.1. We will determine, in our discretion, whether there has been a breach of our Terms through your use of our Platform.
9.2. When a breach of this policy has occurred, we may take such action as we deem appropriate.
9.3. Failure to comply with our Terms constitutes a material breach of these Terms upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions:
9.3.1. immediate temporary or permanent cancellation of your right to use our Platform;
9.3.2. immediate temporary or permanent removal of any Contribution;
9.3.3. issuance of a warning to you;
9.3.4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;
9.3.5. further legal action against you; and/or
9.3.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
9.4. We exclude liability for actions taken in response to breaches of these Terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
10.1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
10.2. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
11.1. For the purposes of applicable data protection legislation, EnMove will process any personal data you have provided to us in accordance with our Privacy Policy.
11.2. You agree that if you have provided EnMove with personal data relating to a third party:
11.2.1. you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to EnMove and
11.2.2. that you have brought to the attention of any such third party our Privacy Policy.
11.3. You agree to indemnify EnMove in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.
12.1. These Terms shall remain in full force and effect while you use the Platform. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Platform (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Platform or delete your account and any content or information that you posted at any time, without warning, at our sole discretion.
12.2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
12.3. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
13.1. We are not liable for the completeness, accuracy or correctness of any information uploaded on our Platform and any User related content.
13.2. You agree not to use the Services, our Platform and the User related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Platform or any other website or software) for:
13.2.1. loss of profits, sales, business, or revenue;
13.2.2. business interruption;
13.2.3. loss of anticipated savings;
13.2.4. loss or corruption of data or information;
13.2.5. loss of business opportunity, goodwill or reputation; or
13.2.6. any other indirect or consequential loss or damage.
13.3. Nothing in these Terms shall limit or exclude our liability for:
13.3.1. death or personal injury resulting from our negligence;
13.3.2. fraud; and/or
13.3.3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
13.4. our Platform is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
13.5. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Platform. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Platform which might otherwise be implied into, or incorporated in, these Terms whether by statute or otherwise, is excluded to the fullest extent permitted by law.
13.6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your device equipment, device programs, data or other proprietary material due to your use of the Platform or to your downloading of any content on it, or on any website linked to it.
13.7. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
14.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
14.2. You may only transfer your rights or your obligations under these Terms to
another person if we agree in writing.
14.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.6. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
14.7. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
14.8. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
14.9. These Terms and the relationship between you and EnMove shall be governed by and construed in accordance with the law of England and Wales and EnMove and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.