Introduction

 

These are the terms of supply for services ordered on  https://www.topia.com/ (Site). The Site is operated by or on behalf of Topia Limited (weus and our). We are a limited company, registered in England. Our registered company number is 07185976, and our registered office is at 6 Ramillies St, London, W1G 7TY.  Our VAT registration number is GB 101 497 636.

Topia allows you, to access information about the cities and countries to which you are relocating and gain access to service providers who can help you make your move ("Services").

Your use and/or purchase of any of the Services offered on the Site is subject to these terms and by placing an order for any Service you agree to be bound by them, whether you pay for the Services directly or your Employer pays on your behalf. You should print a copy of these terms for future reference. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.

These terms were last updated on 1 April 2018.

 

Using the Services for the first time

You must satisfy both of the criteria set out below in order to use the Services on this Site:

  • You are intending to relocate to new location, this process being referred to in these terms as your "Relocation Process"; and
  • Your employer (Employer) has entered into a contract with Topia in order to provide its employees with access to the Services available on the Site (Employer Contract).

By using this Site, you confirm that you meet both of the criteria set out above. If your Employer has not provided you with access to this Site and has not directed you to use the Services, you should not use the Site.

Your Employer will nominate you and sign you up to use the Services. You will receive an activation link from Topia that include a one-time use access token.  You will be required to set a secure password on your first log in to the Site.

After logging in, you can set up your personal profile by following the on-screen instructions.

You must keep your username and password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised user of your account (unless expressly specified otherwise in the relevant Service description on the Site) and, accordingly, you must not disclose your username and/or password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your username and/or password (see Contacting us). Any breach of these terms and/or any use of your account by anyone to whom you disclose your username and/or password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.  

 

Choosing a Vendor

Once logged on to the Site, you may be able to view various suppliers of services for each stage of your Relocation Process (Vendors). To book one of these Vendors, please follow the on-screen instructions, or discuss with your Employer. In some cases, your Employer may have pre-defined vendors to be used and those will automatically be assigned in that case. 

You should not rely on our recommendation of any Vendor and you should satisfy yourself that the Vendor is suitable for your purposes and is of sufficient quality and reliability.

 

Charges and payment

In most instances, your Employer will be responsible for the costs of the services provided by any Vendors you choose to use as part of your Relocation Process. However, in certain instances, for example where the budget provided by your Employer for your Relocation Process is not sufficient to cover the costs of the Vendors you have selected, you may need to pay any surplus costs yourself.

In connection with any payments you may make personally for any Services, Topia will in the first instance try to introduce you directly to the Vendors so that you can pay that Vendor directly for their services. Where this is not possible, Topia will take payment for those services on your behalf, acting as agent, and pass this payment on to the Vendor. Where applicable, you hereby authorise us to act as your agent in connection with the payment of fees for any Vendor.

Whether these payments are made directly to Topia or to Topia as agent to the relevant Vendor, all funds paid will be securely processed through a third party payment provider.

No Vendor services will be undertaken by the Vendor until payment has been received in cleared funds.

 

Changes to the Service, charges and terms

As it is our policy continually to review and update our Service offerings, we reserve the right to make changes to any Service, charges and/or to these terms from time to time, provided that no such change will affect any order you have already placed with us.

 

Service suspension and termination

We may, from time to time, with or without prior notice, temporarily suspend the operation of any Service and/or the Site (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

You understand that the Services are provided to you because your Employer has entered into an Employer Contract. Should this Employer Contract come to an end, or terminate for any reason, your access to the Site and use of future Services shall terminate immediately.

We may at any time immediately suspend and/or terminate any Service and/or your use of your account and/ or your access to the Site, in the event that you breach any of these terms, or we have reasonable grounds to believe so.

To the extent you have already engaged a Vendor to provide you with services for your Relocation Process, and payment has been received for such services, termination of the Employer Contract will not affect the completion of these Vendor services.

Any personal data saved on the Site will be deleted, and any records of such data shall be destroyed, in accordance with the relevant provisions of the Employer Contract.

Upon termination of any Employer Contract or Service or your account, for any reason:

  • all rights granted to you under these terms will immediately cease;
  • you must promptly discontinue all use of the relevant Service; and
  • you must pay us any and all outstanding amounts that you owe us.

 

Access to the Site

We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you.  You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.

 

What you are allowed to do

You may only use the Site in accordance with these terms. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.

 

What you are not allowed to do

Except to the extent expressly set out in these terms, you are not allowed to:

  • 'scrape' content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site; 
  • remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or 
  • create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.

You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of them.

 

Intellectual property rights 

All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

 

Site features and content

We may change the format, features and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.

Whilst we try to make sure that content on the Site consisting of information of which we are the source is correct, you acknowledge that the Site may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information on the Site is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.

We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

 

User content

The Site may, from time to time, allow you to upload user-generated content and may also allow you to communicate that content, either to selected recipients or in public areas, such as comments pages and/or message boards, (collectively User Content Areas). We do not control the material submitted to User Content Areas (collectively User Submissions), nor are User Content Areas actively moderated. You are solely responsible for the content of your User Submissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and not our views.

If you participate in any User Content Areas, you must keep all User Submissions relevant to the purpose of the User Content Area and the nature of any topic.

User Submissions must not:

  • contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable ("Prohibited Content");
  • impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;
  • contain, transmit or distribute any unsolicited or unauthorised advertising, marketing or promotional material or other form of solicitation (spam); or
  • transmit or distribute any virus and/or other code that has contaminating or destructive elements.

You agree that, by submitting any User Submission, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Submission.

Whilst we do not pre-screen User Submissions, we reserve the right, in our sole discretion, to delete, edit or modify any User Submission submitted by you and/or to close any topic, at any time without notice to you.

Complaints about the content of any User Submission must be sent to help@topia.com and must contain details of the specific User Submission giving rise to the complaint.

 

External links

The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

 

Our liability

Nothing in these terms shall limit or exclude our liability to you:

  • for death or personal injury caused by our negligence;
  • for fraudulent misrepresentation; or
  • for any other liability that, by law, may not be limited or excluded.

Subject to this, in no event shall we be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising from any use of the Services shall not exceed the limit set out in the Employer Contract.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

   

General

You may not transfer or assign any or all of your rights or obligations under any Contract.

All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

These terms may not be varied except with our express written consent.

These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the Services.

These terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes and claims) shall be governed by and construed in accordance with the law of England and Wales.

You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms of service, their subject matter or formation (including non-contractual disputes or claims), the Services or the Site.

 

Contacting us

Please submit any questions you have about these terms or an order you have placed or ordering in general, or any complaint or concern in relation to any Service ordered by email to help@topia.com.