Terms & Conditions

About Us

Jorvis is a digital app designed for art consumers. It creates a community through a platform and this network allows you to easily be connected to local art. This platform is committed to strengthening social relationships by connecting people through their tastes and preferences in art.

1. About these Terms

2. Overview of the Platform

3. General User obligations

4. Registration process

5. Rules regarding the sale of artworks

6. Rules regarding the offer of Artist’s performances

7. Rules regarding the offer of Venue’s rental

8. Conclusion of a contract

9. Payment

10. Cancellations

11. JORVIS commission

12. Non-circumvention

13. Termination

14. Account suspension and sanction

15. Warranties

16. Liability

17. Indemnity

18. Intellectual Property

19. Dispute resolution

20. Privacy

21. Miscellanous

22. Applicable law and place of jurisdiction

1. About these terms

1. In these Terms, “JORVIS”, “we”, “us” or “our” means jorvis art booking and includes any subsidiary or affiliate, and their respective directors, employees and/or agents. “You” or “your” means any JORVIS app registered user or user who accesses the Platform or the App.

2. These Terms and Conditions (hereinafter referred to as the “TCs”) govern the use of all services offered in the JORVIS app. These TCs shall be deemed to have been accepted as soon as users give their consent in the JORVIS app. If you do not agree to these Terms you should immediately cease accessing and using the Platform and the App.

3) In these TCs, User means any person who has created an account through the App and has accepted these Terms; User account or Account – means the User’s account created upon registration through the App;

There is no right to registration, membership, use of the Platform or claim to services from JORVIS. In particular, JORVIS may at any time refuse a registration, exclude a member in accordance with section 10, prohibit a use or remove a service.

4) We reserve the right to amend these Terms at our discretion any time. Any changes shall be communicated to users in an appropriate manner. Should customers not agree to the changes, they can delete the JORVIS app from their smartphone ; Your continued use of the Platform following the posting of changes to these Terms will be deemed your acceptance of those changes.

2. Overview of the Platform

1) The Platform provides matching opportunities between users in different categories: bookers, artists and performers, as well as Businesses (venues). Our Services include providing access to the Platform, facilitating enquiries and communications between the different users and conclusion of transaction between the users.

2) JORVIS does not have possession of goods nor provide services listed, offered or sold through the platform, and is not involved in the actual transaction between users.

JORVIS is not a party to contracts concluded between users on its platform. JORVIS, its representatives, employees and assistants are in no way responsible for the risks involved in negotiating and concluding deals, nor for any damage resulting from them.

3) To access all our Services, you must register for an account. By registering, i.e. by providing the required personal data and accepting these TCs, an interested party becomes a "user" of the platform. JORVIS may request additional information and/or make checks or waive them.

3. General User obligations

1) You are responsible for replying to inquiries in a timely and courteous manner, and for acting in good faith throughout your enquiries, negotiations, booking process and delivery of any Goods or Services.

2) You are responsible for verifying the identity and authenticity of a User before you conclude any transaction with this User. You acknowledge that, to the extent permitted by law, we do not warrant the reliability, legitimacy, repute, or credibility of any User, nor the capacity, ability or willingness of any User to conclude any contract with you or meet their respective obligations under these terms.

3) When using or accessing the Platform and/or its Services you should not:

breach or circumvent any mandatory laws, third-party rights or JORVIS policies;
sell any counterfeit items or which otherwise infringe the copyright, trademark or other rights of third parties; or infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;
post false, inaccurate, misleading, , or libellous content;
engage in any abusive, defamatory, derogatory, threatening, harmful, vulgar, profane, obscene, violent or ethically objectionable behaviour;
advocate, support or practice discrimination based on race, religion, age, national origin, language, gender, sexual orientation or mental or physical handicap; or
transfer your JORVIS account to another party without our consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
use the contact information of other users for any purpose other than in relation to a specific JORVIS transaction on the JORVIS site (which includes using this information to send marketing materials directly to JORVIS users unless the user has given explicit consent to receiving these materials);
distribute viruses or any other technologies that may harm JORVIS, or the interests or property of JORVIS users;
use any robot, spider, scraper or other automated means to access our Services for any purpose;
harvest or otherwise collect information about users, such as email addresses, without their consent; or
bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately over load on our infrastructure;
circumvent any technical measures we use to provide the Services.
infringe the copyright, trademark, patent, moral, database or other intellectual property rights that belong to or are licensed to JORVIS. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to JORVIS or someone else;

4. Registration process

1) You are responsible for creating and maintaining your account.

2) Only individuals or legal entities with full civil rights may register a user account on JORVIS. Minors (under 18 years of age) may not be users of JORVIS.

3) To access the Platform and Services, you must register with us by providing us with Registration Data as requested, directly in the registration form or by sharing your Facebook or Google ID profile. You may not use one email address to register for multiple accounts.

4) The user name chosen by the Member upon registration must not be obscene, derogatory or offensive and must not contain any information about an e-mail address or website or violate the rights of a third party.

5) In the event of changes of your personal details, you should make the necessary corrections immediately in your user settings so that the information is always complete and correct. JORVIS may at any time request additional information for specific functions and/or carry out checks or waive such requests.

6) You acknowledge that we may use your Registration Data and any other personal information provided to us in accordance with our Privacy Policy.

7) You agree that you have sole responsibility for any activity that occurs on your account. You must keep your account details accurate, up to date, and secure your password as you are responsible for any activity on your account (whether undertaken by you or anyone else). You agree to notify us immediately if you become aware of or suspect any security breach or unauthorized use of your password or account.

8) We may, in our sole discretion, decline your registration request or terminate or suspend your access, according section 1 and 10.

9) You must ensure that your access to, and use of, the Platform or Services is not illegal or otherwise prohibited by laws that apply in your jurisdiction.

10) If you register for an account in accordance and your registration is accepted by us, you will have access to different Services depending which profile you have chosen.

5. Rules regarding the sale of artworks

1) User may only offer products that it is able and authorized to offer for sale. This means, but is not limited to, that in a sale or exchange, the User has the ability and authority to give the buyer full and free possession and ownership; that he is authorized to lease an item; that he is authorized to give a right.

2) It is prohibited to offer artefacts whose offer, sale, purchase, delivery or use violate legal regulations or offend against good morals. JORVIS reserves the right at all times to delete an offer and to inform the relevant authorities or injured third parties.

3) The Seller is obliged to provide truthful, non-misleading and non-deceptive information about the product offered for sale as well as the delivery terms. Jorvis may elect to provide a list of type of artwork which can be listed on its Platform and to edit, modify or reduce it at any time.

4) For the sales of artworks, in return for payment of the purchase price, the seller is obliged to grant the buyer possession and ownership of the product free of encumbrances and third-party rights. Exclusions of liability in this respect are not permissible. The will only be completed when the Booker has paid the price in full in accordance with clauses XX

5) The artwork description is an integral part of the contract, i.e. the artist guarantees that the artwork has all the qualities and properties described in the offer.

6) If certain details do not constitute a guarantee, the artist is obliged to state this clearly and expressly in his offer.

6. Rules regarding the offer of Artist’s performances

1) JORVIS may elect to provide a list of type of performance which can be listed on its Platform and to edit, modify or reduce it at any time.

2) The Artist is responsible for ensuring the actual delivery and provision of his/her Artists’ Performances is safe, secure and respect all legal and standard requirements for such types of performances, and that in case all official authorizations or licenses have been duly issued. The Artist is solely responsible and not JORVIS of the legality of the offer, including without limitation in respect of any jurisdictional issues, or regulatory and licencing obligations.

3) The Artist must provide an offer which must include and setting out all Extra Costs that you can reasonably predict that will be incurred in the delivery of your Artists’ performance (including without limitation any costs for any sub-contractors you engage).

4) The Artist must provide in the offer all hazardous risks incurred by his/her Arts performance (minimum space required, use of solvents, possible smoke generation, sparks, etc.) and minimum requirement which must meet the possible venue.

5) Where a Booker has expressly agreed, you may provide your Artists’ Performances (or part thereof) with the assistance, but not solely through, sub-contractors. If you do engage any sub-contractors in accordance with this clause you agree and acknowledge that they will also be bound by your obligations under these Terms.

6) If the Artist accepts a request on the JORVIS Platform, a contract for work and services is created between the Booker and the Artist.

7) The Artist is solely responsible for ensuring that he/she and/or any sub-contractors, have all legally or reasonably required insurance, meet all applicable safety standards and have the requisite experience to deliver the Artists’ Performances according standard safety requirements according the type of performances.

8) The Artist and the Booker are both solely responsible for ensuring the location for the delivery of Artists’ performance is adequate, and during the continuation of work secure, free of hazards and safe to for the delivery of the Artists’ Services.

9) Artist must also take all reasonable steps to remove any equipment brought to the premises after the execution of the agreed performance and to give the premises back in a perfect condition.

7. Rules regarding the offer of Venue’s rental

1) The Business is responsible for ensuring the actual rental of its venue is safe, secure and respect all legal and standard requirements, and that in case all official authorizations or licenses have been duly issued (including but not limited to fire safety requirements, health and hygiene requirements, food safety, maximal public audience, building regulations, etc.) . The Business is solely responsible and not JORVIS of the legality of the offer, including without limitation in respect of any jurisdictional issues, or regulatory and licensing obligations.

2) The Business, booker and artist are also responsible for ensuring the actual venue is suitable for the proposed art performance.

3) The Business must provide an offer which must include and setting out all Extra Costs that you can reasonably predict that will be incurred by the rental (including without limitation any costs for any sub-contractors you engage), including any incidental charges in addition to the rent.

4) Artist and booker must jointly also take all reasonable steps to remove any equipment brought to the premises after the execution of the agreed performance and to give the premises back in a perfect condition.

5) The Business is only a tenant of the premises, it is his own responsibility to check if it is entitled to have the performance carried out in the rented premises.

6) All rules above also apply if the Booker requests the Artist’s performance in its own private venue.

8. Conclusion of a contract

1) JORVIS assumes no responsibility for compliance and good faith between members in transactions conducted on its platform. In particular, JORVIS assumes no responsibility for compliance with contractual obligations between users.

2) JORVIS encourages the parties to negotiate and discuss before bidding, including without limitation any potential Extra Costs. Users are encouraged to use the communication functions provided on the Platform (“Chat” function) to ask any question and to clarify any uncertainty.

3) As long as no offer has been confirmed, the price for any listing on the Platform is subject to change. User may readjust quotes or listing prices in good faith, and so long as any adjustments are not undertaken to manipulate the way the Platform operates (for example, displaying results by price or proximity). Once an offer has been made in relation to his listing, the seller is bound to that offer.

4) By making an offer, the Booker undertakes to buy the product/pay the services under the conditions defined by the other party or agreed individually with him (terms of payment, transport, delivery, etc.).

5) A contract is automatically and immediately concluded between the parties when the bid of the booker is accepted.

6) The content of the contract concluded is based on the description of the goods or services in the listing (including details published by the user in the listing), the conditions defined by the user, as they were visible in the offer published on JORVIS at the time of the bid made by the booker, and any agreements made between the parties prior to the conclusion of the contract.

7) The price shall always include VAT (provided that the Artist or Business is subject to VAT, including for delivering services in Switzerland by an Artist located abroad), unless the Artist delivers the goods to the Buyer directly from abroad. In this case, the seller is obliged to clearly point out all additional costs, such as VAT, customs duties, etc.

8) The Artist or the Business are not entitled to ask the JORVIS commission back to Booker in addition to purchase price.

9) Once a Purchase has been made the Platform’s communication functions may only be used to discuss the delivery of Goods or Services. The particulars of Purchased Services, including without limitation the price, any specifically listed Extra Costs, Due Date or delivery location, cannot be changed without the written approval of both parties, with confirmation of this sent to JORVIS.

10) If a Booker request to change the details related to Purchased Services and the other party does not agree to these changes, then the Booker will be liable for any costs or damages or costs associated with the changes that are not accepted in accordance with these terms.

11) If an artist or business seeks reimbursement for Extra Costs not specifically mentioned or reasonably implied in the quotation or Purchase process, it remains in a Booker’s discretion whether to accept and to pay for these Extra Costs.

9. Payments

1) Once Artist or Business has confirmed the acceptation the offer, the contract is concluded

2) The must be paid when the Services or Goods are delivered.

3) The price due and payable by the Booker will be released to the Artist or Business on the date at which JORVIS is notified the Artist or Business’ Services have been delivered;

4) The JORVIS commission will be deducted in full from the , and the remainder will be transferred to Artist / Business through the payment processing facilities provided on the Platform.

5) You agree and accept that you will not accept any Payments outside the Platform for any Services, or for the provision of any other products, goods or services that would be in contravention of these Terms.

6) Payments for services listed via the Platform may be made via Payment Processing Services accepted on the Platform, including but not limited to STRIPE (the list could be amended from time to time by us).

7) We use Payment Processing Services provided by third parties that are subject to the terms and conditions of the relevant third party (collectively, the “Third Party Payment Terms”). By placing an order for Goods or Services using payment methods processed by third parties, you agree be bound by the relevant Third Party Payment Terms, which may be modified from time to time. As a condition of using third party Payment Processing Services, you agree to provide us with accurate and complete information about you and your business or your personal details, and you authorize us to share it and transaction information related to your use of the Payment Processing Services in accordance with our Privacy Policy and thus for the purpose of Paiement processing.

8) JORVIS fee for providing the Services will be charged on the total Purchase price. The commission fee will be automatically deducted from the payments made by Booker, as set out in Section 9.

9) All amounts are payable in Swiss Francs (CHF) but can be paid in any currency as accepted by the payment facility provider used by JORVIS but will be converted in Swiss Francs (CHF). All exchange rates differences will be supported only by the payer.

10) Users shall expressly agree that JORVIS can offset any outstanding claims against them against their existing credit (even in Escrow) with JORVIS.

10. Cancellations

1) Purchases of Art Works are final and non refundable.

2) Cancellations of Art Performance and/or venue is possible before the agreed date by any of the party. Cancellation request must be required via the app via the specific feature.

11. JORVIS commission

1. The publication of ads (sale of artworks, art performance or venues rental) on JORVIS is free of charge.

2. In accordance with the terms, the seller must pay JORVIS a commission of 15% of the sales/services price when the contract is concluded. Said commission will be automatically deducted by JORVIS on the Deposit made by the booker and only the remaining difference will be paid to the other party (Artist, Business).

3. JORVIS reserves the right to adjust the fee amounts at any time for any future contracts.

12. Non-circumvention

1. Any information such as texts and picture uploaded in any form on the Platform (such as pictures, description of the offer or texts entered under "about me", etc.) may not be used in any way to encourage contracting outside of the Platform or to directly or indirectly incite to do so (such as phone numbers embed in pictures).

13. Termination

1. The relationship between you and JORVIS shall be concluded for an indefinite period. You can delete the JORVIS app at any time and both contracting parties can terminate business relationship in writing at any point. JORVIS may validly terminate in writing the relationship by email to the address provided by user during registration and/or in user’s account settings.

2. If your access to the Platform and/or the Services is terminated for any reason, we will be entitled to payment for any outstanding fees or charges properly incurred by us up to the date of termination and any fees or charges incurred during any applicable notice period or otherwise specified in these Terms.

14. Account suspension and sanction

1) Without limiting other remedies, we may , at our absolute discretion, suspend, or terminate your user account and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel offers, remove or otherwise restrict the visibility of listings, delay or remove hosted content, and take any appropriate technical and legal steps to keep you from using our Services if:

there are possible legal liabilities for us, our users, or other third parties;
we suspect that you are infringing the rights of third parties;
we suspect that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or you have provided false or misleading information on the Platform, including but during not limited to your enrollment process
you fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date.
you fail to comply with any of these Terms

2) We may as well:

take any other legal action against you;
refer or report any suspected fraudulent, abusive or illegal activity to relevant law enforcement authorities; or
retain any Deposit you have provided in respect of the Services.

3) In accordance with our obligations, if you disagree with any decision regarding the suspension or termination of your account, you may contact our internal complaint handling system via @jorvisartbooking.com.

15. Warranties

1) You agree to use your reasonable endeavors to ensure that the information that you display and provide on the platform or to any other user is complete and accurate.

2) You warrant that you will comply with your obligations set out in these Terms.

3) Except as provided in these Terms, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Services provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded.

Further, JORVIS has no control over, and does not guarantee the existence, quality, safety or legality of, items advertised; the truth or accuracy of users' content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

4) Nothing contained in these Terms excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Swiss Federal Code of obligation (CO) or any other national, state or territory legislation where to do so is unlawful.

16. Liability

1) Except for cases of intent or gross negligence, JORVIS shall not be liable to the other Party arising out of, or in connection with, the provision or use of the Services, the Platform or these Terms for: (a) any special, incidental, punitive, consequential or indirect: loss; damage; cost; and/or expense; or (b) any lost profits, lost goodwill (or any other damage to reputation), business interruption, loss of opportunity, or lost data, in each case whether direct or indirect.

2) To the extent permitted by law, JORVIS shall not accept any liability for secondary damages, lost profits or data losses under any circumstances. JORVIS shall likewise assume no liability for damages or losses suffered as a result of use of the JORVIS app that is deemed illegal or in breach of the agreement.

3) JORVIS is not responsible for any disputes or complaints in relation to your use of our Services and provision of Artists or Business’ Services, including without limitation the actual delivery of the Artists’ Services (and any relevant goods or physical products, and dispute or complaint regarding the completion of the Artists Services, or any refunds or payment) or Venue. You should address such complaints directly with the Artist, respectively Business responsible for the Venue.

4) In any case, JORVIS shall provide compensation for material damages and financial losses of up to a maximum of CHF 100. – (one hundred Swiss Francs). per claim event.

5) JORVIS shall endeavor to ensure the uninterrupted availability and fault-free usability of the app. JORVIS cannot, however, guarantee this at all times. In particular, JORVIS shall reserve the right to interrupt access to the app and/or the services offered in the app at any time should it identify heightened security risks or faults as well as for the purpose of performing maintenance work.

6) This clause 16 survives termination or expiry of these Terms.

17. Indemnity

1) To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against JORVIS which are connected with, arise out of, relate to or are incidental to the provision of the Platform and your use of the Services.

2) You indemnify us, and hold us harmless, from and against any and all claims, loss, damage, taxes, liabilities and/or expenses that may be incurred by us arising out of, or in connection with, your use of the Platform, the Services and any breach by you of these Terms.

3) You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any other User(s) due to your actions, and you indemnify us from and against any and all claims by any such parties in relation to your actions.

4) This clause 17 survives termination or expiry of these Terms.

18. Intellectual Property

1) As a user you keep and retain any of your Intellectual Property Rights and moral rights that arise in your provision of any Works or Services proposed and uploaded through the Platform or (User content).

2) You hereby grant, and you represent and warrant that you have the right to grant to JORVIS an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license on your User Content for the duration and extent needed for the services provided via the Platform, including but not limited to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services and making it available on third party platforms via Partner Integrations; and for marketing and promotional purposes of JORVIS. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

3) For the duration of the agreement, users shall receive the non-transferable, non-exclusive right to use the JORVIS app. The content and scope of this right are governed by these TCs. All intellectual property rights shall remain with JORVIS or the entitled third parties.

4) By uploading, posting, transmitting or otherwise making available any Material via the Services, Platform or Platform, you represent and warrant that you either own the Intellectual Property Rights in that Material or have the necessary permission to upload, post, transmit or otherwise make available that Material via the Services, Platform or Platform. Should users breach third-party intellectual property rights and JORVIS be held responsible, the customer in question shall fully indemnify JORVIS.

5) You may not modify or copy the layout or appearance of the App or any computer software or code contained in the App, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the App.

6) You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the JORVIS services on another website or commercialize any information obtained from any part of the Platform without our prior written consent.

7) If you believe that your IP rights or third party IP rights have been infringed, you can report us via the email address hello@jorvisartbooking.com.

8) This clause 18 survives termination or expiry of these Term.

19. Dispute resolution

1) If you have a complaint about the performance of these Terms or the Services, please proceed as follows:

if the complaint relates to your interactions with another JORVIS user, including in the delivery of Artists’ or Venue Services, contact the relevant User about the complaint through the Platform; or
for any other complaints, contact us at info@jorvisartbooking.com in the first instance and allow us reasonable time to consider your complaint, determine a solution in our sole and absolute discretion, and notify you of the solution.

20. Dispute resolution

1) We are committed to protecting your privacy and personal information. Further details about our practices relating to the collection, use, disclosure and storage of your personal information can be found in our Privacy Policy.

21. Miscellanous

1) Should one of the provisions of these terms be or become invalid, the validity of the Agreement as a whole shall not be affected. The invalid or void provision shall be replaced by such valid provision as the Parties would have agreed had they known of the invalidity at the time of concluding the Agreement on order to achieve the same economic result.

2) No failure or delay by either of the Parties in exercising any right under this Agreement and no amendments shall operate as a waiver thereof, and neither this paragraph nor any provision in this Agreement can be waived or amended except by written consent of the other Party, which consent shall specifically refer to this paragraph (or such other provisions) and expressly makes such waiver or amendment. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.

3) Except for the obligation to pay money, neither Party shall be liable for any delays or failures in performance to the extent such delays are caused by labor strikes, war, civil unrest, natural disasters, or other similar circumstances beyond its control.

22. Applicable law and place of jurisdiction

1) To the extent permitted by law, these terms shall be exclusively governed by and interpreted in accordance with the laws of Switzerland, without giving effect to its rules of conflict of laws and regardless of the place of its physical execution or performance. The application of the UN Convention on Contracts of the International Sale of Goods (CISG) is excluded

2) Subject to the existence of mandatory statutory provisions to the contrary, the sole place of jurisdiction for all proceeding types shall be Lausanne, Canton de Vaud, Switzerland.

Last update : 7-06-2023 Lausanne

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