Site Terms And User Agreement
This Agreement was
created on 7th August 2016.
This User Agreement
describes the terms and conditions on which you are allowed to use Teelance.net
and its Services. We have incorporated by reference all linked information.
In This User Agreement:
"Account" means the account you open when you register on the Website, be it as an
Employer/Buyer or Teelancer/Freelancer/Seller.
"Buyer" and/or "Employer" means
a User that investigates and purchases Seller Services or items from Sellers or
identifies a Seller through the Website.
"Dispute Resolution Process" means the process to be followed by Buyers and Sellers in accordance
with the Dispute Resolution Services.
"Teelance", "we", "our", or "us" means Teelance.net, a website and service owned by Outbreak Creative
Ltd. (Reg. 08150564).
"Inactive Account" means a
User Account that has not been logged into for a continuous 3
month period.
"Intellectual Property Rights" or "IPR" means any and all intellectual property rights, existing worldwide and
the subject matter of such rights, including: (a) patents, copyright, rights in
circuit layouts (or similar rights), registered designs, registered and
unregistered trade marks, and any right to have confidential information kept
confidential; and (b) any application or right to apply for registration of any
of the rights referred to in paragraph (a), whether or not such rights are
registered or capable of being registered and whether existing under any laws,
at common law or in equity.
"Local Jobs" means a
service we provide to match a Buyer who has tasks that need doing with a
Seller who will
provide the service based on the location of the Seller.
"Milestone Payment" or "Escrow Payment" means a prepayment made by the Buyer for the provision of Seller Services
under a User Contract and which will be released in accordance with the section
"Escrow Payments" below. Use of the term ÔEscrow PaymentÕ in no way signifies Teelance as a financial institution or the holder of funds
on behalf of the Buyer or Seller.
"Project", "Task" or "Listing" means a job offered or awarded by a Buyer via the Website, which may
include a Project listed by a Buyer, a project awarded by a Buyer, a service
bought by a Buyer from a Seller, and service awarded by a Buyer to a Seller as
a result of a Contest or competition hosted via the Website.
"Seller", "Teelancer" or "Freelancer" means a User that offers and provides services or
identifies as a Seller, Teelance or Freelancer
through the Website.
"Seller Services" means all
services provided by Sellers.
"User", "you" or "your" means an individual
who visits or uses the website
"User Contract" means : (1) this
User Agreement; (2) the Code of
Conduct as amended from time to time; (3) any
other contractual provisions or terms accepted by both the Seller and Buyer
uploaded to the Website, to the extent not inconsistent with the User Agreement
and the Code of Conduct; and (4) the Project terms as awarded and accepted on
the Website, to the extent not inconsistent with the User Agreement and the
Code of Conduct.
"Website" means the
websites operated by Teelance and available at:
Teelance.net and any related Teelance service, tool
or application.
1. Overview
By accessing and/or
using the Website, you agree to the following terms with Teelance.
We may amend this User
Agreement and any linked information from time to time by posting amended terms
on the Teelance Website.
The Website is an
online venue where Users buy and sell Seller Services and items. Buyers and
Sellers must register for an Account in order to buy or sell Seller Services
and/or items. The Website enables Users to work together online to complete and
pay for Projects, buy and sell items and to use the services that we provide.
2. Scope
Before using the Teelance Website or services, we recommend that you read
the entire User Agreement, policies and all linked information.
You must read and
accept all of the terms in, and linked to, this User Agreement, the Code of Conduct, our Privacy Policy and all Website policies. By accepting this User Agreement, you agree
that this User Agreement will apply whenever you use the Teelance
Website, or when you use the tools we make available to interact with the Teelance Website. Some Teelance
Websites may have additional or other terms that we provide to you when you use
those services.
3. Eligibility
You shall not use the Teelance Website if:
i.
you are not able to form legally binding contracts; or
ii. you are under the age of 16; or
iii.
you are a person barred
from receiving and rendering services under the laws of the United Kingdom or
other applicable jurisdiction; or
iv.
you are suspended from
using the Teelance Website.
v. you reside in a country that would require Teelance to alter fees based on your physical location for
automated services (E.g. EU VAT (outside of UK))
Subject to your local
laws, a person over 15 but under 18 can use an adult's
account with the permission of the account holder. However, the account holder
is responsible for everything done with that account.
Users may provide a
business name or a company name, which is to be associated with the User's
Account. Users acknowledge and agree that where a business name or company name
is associated with their Account, this User Agreement is a contract with the
User as an individual (not the business or company) and Users remain solely
responsible for all activity undertaken in respect of their Account.
We may, at our
absolute discretion, refuse to register, or remover the account of, a person or
corporate entity as a User.
4. Using Teelance
While using the Teelance Website, you will not:
i.
post content or items in
inappropriate categories or areas on our websites and services;
ii. infringe any laws, third party rights or our policies, such as the Code of Conduct;
iii.
fail to deliver payment
for services delivered to you, unless the Seller has materially changed the
Seller Service provided from the bid or a clear typographical error is made;
iv.
fail to deliver Seller
Services purchased from you, unless the Buyer fails to meet the terms,
materially alters the terms of the Seller Services from the listing;
v. circumvent or manipulate our fee structure, the billing
process, or fees owed to Teelance;
vi.
post false, inaccurate,
misleading, defamatory or offensive content (including personal
information);
vii.
take any action that may
undermine the feedback or reputation systems (such as displaying,
importing or exporting feedback information or using it for purposes
unrelated to the
Teelance Website);
viii.
transfer your Teelance account (including feedback) and Username to
another party without
our consent;
ix.distribute or post spam, unsolicited, or bulk electronic communications, chain
letters, or
pyramid schemes;
x. distribute viruses or any other technologies that may harm Teelance, the Website, or the
interests or property
of Teelance users (including their Intellectual
Property Rights, privacy and publicity rights) or is unlawful, threatening,
abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may
harass or cause distress or inconvenience to, or incite hatred of, any person;
xi.download and aggregate listings from our website for display with listings from
other websites without our express written permission, "frame",
"mirror" or otherwise incorporate any part of the Website into any
other website without our prior written authorization;
xii.
attempt to
modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any
software programs used by us in connection with the Teelance
Website;
xiii.
copy, modify or distribute
rights or content from the Teelance Website or Teelance's copyrights and trademarks; or
xiv.
harvest or
otherwise collect information about Users, including email addresses, without
their consent.
5. Fees And Services
We charge fees for
certain services, such as referral fees for Projects,
listing upgrades, vault storage, automated services and memberships. When you
use a service that has a fee, you have an opportunity to review and accept the
fees that you will be charged based on our schedule of Fees and Charges, which we
may change from time to time and will update you by placing on our Website. We
may choose to temporarily change the fees for our services for promotional
events (for example, discounts on memberships) or new services, and such
changes are effective when we post the temporary promotional event or new
service on the Websites.
Unless otherwise
stated, all fees are quoted in United States Dollars.
6. Taxes
You are responsible
for paying any taxes, including any goods and services or value added taxes,
which may be applicable depending on the jurisdiction of the services provided.
As we are a company
incorporated in the United Kingdom, we may be obliged to charge 20% VAT to UK
Users.
You must also comply
with your obligations under income tax provisions in your jurisdiction.
7. Payment Administration Agent
You acknowledge and
agree that we may in our sole discretion, from time to time, appoint our
related bodies corporate or a third party as our agent to accept or make
payments (including merchant facilities) from or to Users on our behalf. Such a
third party will have the same rights, powers and privileges that we have under
this User Agreement and will be entitled to exercise or enforce their rights,
powers and privileges as our agent or in their own name. In no event shall we
be liable to any User for any loss, damage or liability resulting from the
Payment Administration Agent's negligence and/or acts beyond the authority
given by Teelance.
8. Promotion
We may display your
company or business name, logo, images or other media, and public description
of your Projects and profile as part of the Teelance
Services and/or other marketing materials relating to the Teelance
Website, except where you have explicitly requested that we do not do this and
we have agreed to such request.
9. Content
When you give us
content, you grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable (through multiple tiers)
right to exercise any and all copyright, trademark, publicity, and database
rights (but no other rights) you have in the content, in any media known now or
in the future.
You acknowledge and
agree that: (1) we only act as a portal for the online distribution and
publication of User content. We make no warranty that User content is actually
made available on the Website. We have the right (but not the obligation) to
take any action deemed appropriate by us with respect to your User content; (2)
we have no responsibility or liability for the deletion or failure to store any
content, whether or not the content was actually made available on the Website;
and (3) any and all content submitted to the Website is subject to our
approval. We may reject, approve or modify your User content at our sole
discretion.
You represent and
warrant that your content:
i.
will not infringe upon or
misappropriate any copyright, patent, trademark, trade secret, or other intellectual
property right or proprietary right or right of publicity or privacy of any
person;
ii.
will not violate any law
or regulation;
iii.
will not be defamatory or
trade libellous;
iv.
will not be obscene or
contain child pornography;
v.
will not contain the development,
design, manufacture or production of missiles, or nuclear, chemical or
biological weapons
vi.
will not contain material
linked to terrorist activities
vii.
will not include
incomplete, false or inaccurate information about User or any other
individual; and
viii.
will not contain any
viruses or other computer programming routines that are intended to
damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information.
You acknowledge and
agree that we may transfer your personal information to a related body
corporate and your information may be transferred outside of the United
Kingdom. If you wish to withdraw your consent, you acknowledge and agree that
we may be unable to provide you with access to the Website and Teelance Services and may close your Account.
Information on the
Website may contain general information about legal, financial, health and
other matters. The information is not advice, and should not be treated as
such. You must not rely on the information on the Website as an alternative to
professional advice. If you have specific questions about any matter you should
consult your professional adviser.
We provide unmonitored
access to third party content, including User feedback and articles with
original content and opinions (or links to such third party content). We only
act as a portal and have no liability based on, or related to, third party
content on the Website, whether arising under the laws of copyright or other
intellectual property, defamation, libel, privacy, obscenity, or any other
legal discipline.
The Website may
contain links to other third party websites. We do not control the websites to
which we link from the Website. We do not endorse the content, products,
services, practices, policies or performance of the websites we link to from
the Website. Use of third party content, links to third party content and/or
websites is at your risk.
10. Feedback, Reputation And Reviews
You acknowledge that
you transfer copyright of the feedback, reputation and reviews you leave
consisting of comments together with a composite rating by us. You acknowledge
that such feedback, reputation and reviews belong solely to us, notwithstanding
that we permit you to use it on our Website while you remain a User. You must
not use, or deal with, such feedback, reputation and reviews in any way
inconsistent with our policies as posted on the Website from time to time
without our prior written permission.
You may not do (or
omit to do) anything that may undermine the integrity of the Teelance feedback system. We are entitled to suspend or
terminate your Account at any time, without prior notice, if we, in our sole
and absolute discretion, are concerned by any feedback about you, or your
feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings
belong to us and may not be used for any purpose other than facilitating the
provision of Seller Services via the Website. You may not use your Seller or
Buyer feedback (including, but not limited to, marketing or exporting your any
or all of your composite rating or feedback comments) in any real or virtual
venue other than a website operated by Teelance or
its related entities without our written permission.
11. Advertising
Unless otherwise
agreed with us, you must not advertise an external website, product or service
on the Website. Any website address posted on the Website, including in a
listing, bid, listing description, clarification board or the message board,
must relate to a project, item listed, user or service being performed on the
Website. An example of a permissible website address would be a portfolio of
work.
We may display sponsor
advertisements and promotions on the Website. You acknowledge and agree that we
shall not be responsible for any loss or damage of any kind incurred by you as
a result of the presence of such advertisements/ promotions in the Website or
your subsequent dealings with the Advertisers. Furthermore, you acknowledge and
agree that content of sponsor advertisements or promotions is
protected by copyrights, trademarks, service marks, patents or other
intellectual property or proprietary rights and laws. Unless expressly authorised by Teelance or third
party right holders, you agree not to modify, sell, distribute, appropriate or
create derivative works based on such advertisement/promotions.
12. Communication With Other Users
You must not post your
email address or other contact information on the Website, except in the
applicable "email", "public" or "social" fields of the signup form,
at our request or as otherwise permitted by us on the Website.
Unless you have a
prior relationship with a User, you must only communicate with Users via the
Website, including by using the Project workspace, inbox private messaging or
chat facilities. You may communicate with other Users in respect of Projects
through other means such as email, telephone, Skype, ICQ, AIM, MSN Messenger, GTalk and Yahoo under the agreement that you will not
attempt to arrange external or other payment methods outside of TeelanceÕs payment systems for goods or services to any
User introduced to you by Teelance for either current
or any future projects. You agree that should further projects be discussed
outside of Teelance with users introduced by Teelance, you will use the Teelance
service to provide Payments between Buyer and Seller. We reserve the right to
terminate any user we believe is attempting to subvert the Teelance
payment system through on or off-site communication with other Users.
13. Right To Review
We may read all
correspondence posted to the Website and download or access, and test (if
necessary), all uploaded files, programs and websites related to your use of
the Website for the purpose of investigating fraud and for risk management and
related purposes.
14. Identity / Know Your Customer
You authorise us, directly or through third parties, to make
any inquiries we consider necessary to validate your identity. You must, at our
request: (1) provide further information to us, which may include your date of
birth and other information that will allow us to reasonably identify you; (2)
take steps to confirm ownership of your email address or financial instruments;
or (3) verify your information against third party databases or through other
sources.
You must also, at our
request, provide copies of identification documents (such as your drivers' licence). We may also ask you to provide photographic
identification holding a sign with a code that we provide as an additional
identity verification step.
We reserve the right
to close, suspend, or limit access to your Account, the Website and/or Teelance Services in the event we are unable to obtain or
verify to our satisfaction the information which we request under this section.
15. User Services
Upon the Buyer
awarding a project to the Seller, and the SellerÕs acceptance on the Website,
or the purchase of an item by a Buyer from the Seller, the Buyer and Seller
will be deemed to have entered into a User Contract under which the Buyer
agrees to purchase, and the Seller agrees to deliver the Seller Services. You
agree not to enter into any contractual provisions in conflict with the User
Agreement.
You are solely
responsible for ensuring that you comply with your obligations to other Users.
If you do not, you may become liable to that User. You must ensure that you are
aware of any domestic laws (including common law), international laws,
statutes, ordinances and regulations relevant to you as a Buyer or Seller, or
in any other uses you make of the Website.
If another User
breaches any obligation to you, you are solely responsible for enforcing any
rights that you may have. For the avoidance of doubt, we have no responsibility
for enforcing any rights under a User Contract.
Depending on their
jurisdiction, Sellers and Buyers may have rights under statutory warranties
that cannot lawfully be excluded. Nothing in this User Agreement is intended to
override a right that by applicable law may not be excluded.
Each User acknowledges
and agrees that the relationship between Buyers and Sellers is that of an
independent contractor. Nothing in this User Agreement creates a partnership,
joint venture, agency or employment relationship between Users. Nothing in this
User Agreement shall in any way be construed as forming a joint venture,
partnership or an employer-employee relationship between Teelance
and the User.
16. Special provisions for Local Jobs and Special Services
Each User
acknowledges:
i.
Teelance may
display the location of Users to persons browsing the Website. Every Buyer
seeking services for Local jobs will be asked to provide the location where the
Local job is to be performed or the goods are to be delivered. A User must
never disclose, in any Project posted, personal details such as the User's
name, street number, phone number or the email address in any Project
description for a Local job or in any other public communication.
ii. Once a Seller's bid has been accepted by a Buyer
seeking Local jobs services or tasks then the Seller providing the service or
task is obliged to complete the transaction, unless the service or task, goods
or transaction is prohibited by law, by this Agreement or by any of our
Policies.
iii.
If a Buyer
updates a Local job after it has been published on the Website, then all bids
for that Local job made prior to the update will be automatically cancelled and
the bidding process will restart. When a Seller has provided the goods or
services or completed the task requested by a Buyer seeking services for Local
job, the User must log on to the Website and click the "Complete" button for
that Local job. Failure to complete the service or task will constitute a breach
of this User Agreement.
iv.
Our fees
are applied to the amount of the awarded Seller's bid to perform the services
for the Local job. Any items purchased by the Seller as part of performing the
service are between the Buyer and Seller.
v. The
Template Generator or "Replicator" service uses a complex algorithm to
reproduce designs, this algorithm is constantly being
improved however tasks may not always be 100% representative of what you see on
screen. We aim for a 95% success rate on these tasks. Refunds will only be made
available for these tasks if proof is given of significant differences between
the on screen representation and resulting file.
vi.
The Vault
service is offered as an impartial record keeper of your designs, it does not
represent an endorsement of your designs or confirm the authenticity or
validity of any IP claims made by you. By using Teelance,
you agree that Outbreak Creative Limited does not hold any legal responsibility
to support you in proceedings resulting from your use of this service.
17. Funds
You may have funds in
your Account if you have prepaid for fees or charges or for services to be
provided to you via the Website. If you are a Seller, you may have funds if you
have successfully completed a Project, or sold an item, and funds have been
released to you. There are also circumstances where funds may have been
credited to your Account in relation to an affiliate program or a referral
program.
Funds
owed to you, or paid by you, are held by us in our operating accounts held with reputable financial institutions.
Funds owed to you, or paid by you, may be commingled with our general operating
funds and funds of other User's Accounts.
You are not entitled
to any interest, or other earnings for funds that you submit to, or request via
the Website.
We may receive
interest on funds held by us in our operating accounts (which may include funds
owed or in the process of being paid to you) from financial institutions with
whom we hold our operating accounts. Any such interest earned belongs to us and
we will not be liable to any User for any imputed interest on such funds.
If your Account has a
negative amount of funds, we may:
i.
set-off the negative
amount of funds with funds that you subsequently receive into your Account;
ii.
if you have funds in
multiple currencies in your Account and one of the currencies becomes negative
for any reason, we may set-off the negative amount against funds you maintain
in a different currency balance (at an exchange rate applied by us);
iii.
reverse payments
you have made from your Account to other User Accounts on the Website;
iv.
deduct amounts you owe us
from money you subsequently add or receive into your Account;
or
v.
immediately suspend
or limit your Account until such time as your Account no longer has a
negative amount.
i.
we are not a bank or
other licensed financial institution and do not provide banking services or any
financial services to you;
ii. the funds authorised by you (which may include
Milestone Payments and/or any prepayment of fees and charges which you owe to
us) represents our unsecured obligations to you with respect to your rights to
direct us to make payment in relation to the purchase and sale of Seller
Services through the Website and provision of the Teelance
Services;
iii.
to the extent that we
are required to release funds to you, you will become our unsecured creditor
until such funds are paid to you;
iv.
we are not acting as a
trustee or fiduciary with respect to such funds or payments;
v. the amount of funds that you request in the course of interacting with the
Website is not
insured and is not a guaranteed deposit;
vi.
you must only use the
mechanisms available on the Website to pay for, or receive funds in
respect of Seller Services;
vii.
we will hold funds in
respect of the amount of your Account (including Milestone Payments)
in
an account held by us with a financial institution (or in any manner that we
decide in our sole discretion from time to time) and such funds are not
segregated into a separate account; and
viii.
we may commingle your
funds with funds of other User's and our own funds and such commingled funds
could be used to pay other Users or for our general corporate purposes or
otherwise, however, we will remain obliged to release or refund funds at your
direction in accordance with this User Agreement.
In the event that we
offset a negative amount of funds pursuant to this section, it may be bundled
with another debit coming out of your Account.
We reserve the right
to collect any funds owed to us by any other legal means. You acknowledge and
agree that:
18. Limits & Fraud Prevention
We reserve the right
to suspend a User withdrawal request if the source of the funds is suspected to
be fraudulent.
If we become aware
that any funds received into an Account from another Account as a result of a
fraudulent transaction (e.g. paid a Milestone Payment using a stolen credit
card) it will be reversed immediately. If those funds have already been
released to you, you must pay the funds directly back to Teelance
for the purposes of returning the funds to the legal owner. If you do not do
so, we may suspend, limit or cancel your account, or take action against you to
recover those funds.
We may, in our sole
discretion, place a limit on any or all of the funds in your Account (thereby
preventing any use of the funds) if:
i.
we believe there may be
a high level of risk associated with you, your Account, or any or all of your
transactions, including if we believe that there is a risk that such funds will
be subject to reversal or chargeback;
ii. we believe that the beneficiary of the payment is someone other than you;
iii.
we believe that the
payment is being made to a country where we do not offer our Service; or
iv.
we are required to do so
by law.
If you are involved in
a dispute, we may (in certain circumstances) place a temporary limit on the
funds in your Account to cover the amount of any potential liability. If the
dispute is resolved in your favour, we will lift the
limit on your funds and those funds may be released to you. If the dispute is
not resolved in your favour, we may move to return
the funds to the legal owner.
19. Refunds
If the amount the User
has asked to refund relates to: (1) a Milestone Payment, the Dispute Resolution
Process may be followed; or (2) our fees and charges, the process set out in
the Clause "Disputes with Us" must be followed.
If we agree to the
refund, the funds will be received by the User via the same
payment method(s) that the User used to make the original payment to us.
We may, in our sole discretion, use an alternative payment method in
exceptional circumstances.
We may refund funds to
Users irrespective of whether a User has requested funds be refunded if: (1) we
are required by law or consider that we are required by law to do so; (2) we
determine that refunding funds to the User will avoid any dispute or an
increase in our costs; (3) we refund funds to the User in accordance with any
refund policy specified by us from time to time; (4) we find out that the
original payment made by the User is fraudulent; (5) the User made a duplicate
payment in error; or (6) we consider, in our sole opinion, that it is likely
that the refund of funds is necessary to avoid a credit card chargeback.
You can request a
refund by emailing us at [email protected] If you have done so, you must
not initiate a chargeback request with your credit card issuer until such time
as all reasonable efforts have been exhausted with us to resolve your request.
Refund requests must
be made within 14 days of your task being completed by a Teelancer
and without you having set the task status to ÔapprovedÕ.
If you have already
initiated a chargeback request with your credit card issuer, you must not
request a refund of funds by contacting us and must not seek double recovery.
If we reasonably
determine, having considered all the relevant circumstances, that you have made
an excessive or unreasonable number of requests to refund funds back to you or
chargebacks, we may suspend, limit or close your Account.
There is no minimum
amount for a refund.
20. Withdrawals
We may require you to
be Teelance and/or Paypal
Verified before you can send or receive payments related to Teelance
You acknowledge and
agree that we may seek to verify your identity or request additional
information from you as part of our anti-fraud policy.
21. Chargebacks
A chargeback (being a
challenge to a payment that a Buyer files directly with their payment service)
and a reversal instruction is made by the payment
product issuer or third parties (such as payment processors) and not by us. We
are bound to follow their instructions.
You acknowledge and
agree that we will be entitled to recover chargebacks and reversals that may be
imposed on us by a payment product issuer or third parties (such as payment
processors) on funds paid to you by Buyers through the Website.
You agree that we may
reverse any such payments made to you, which are subject to chargeback or
reversal instruction via your payment product issuer or third parties (such as
payment processors).
22. Inactive Accounts
We reserve the right
to close an Inactive Account.
We reserve the
right to close an account with nil or negative funds.
23. Right To Refuse Service
We may close, suspend
or limit your access to your Account without reason. Without limiting the
foregoing, we may close, suspend or limit your access to your Account:
i.
if we determine that you
have breached, or are acting in breach of, this User Agreement;
ii. if you under-bid on any Project in an attempt to renegotiate the actual
price privately,
avoiding fees;
iii.
if we determine that you
have breached legal liabilities (actual or potential), including
infringing someone else's Intellectual Property Rights;
iv.
if we determine that you
have engaged, or are engaging, in fraudulent, or illegal activities;
v. you do not respond to account verification requests;
vi.
you do not complete
account verification when requested within 3 months of the date of
request;
vii.
you are the subject of a
United Nations, Australian, EU or USA sanctions regime, or our
banking
and payment relationships otherwise preclude us from conducting business with
you;
viii.
to manage any risk of
loss to us, a User, or any other person; or
ix.for
other similar reasons.
If we close your
Account due to your breach of this User Agreement, you may also become liable
for certain fees as described in this User Agreement.
Without limiting our
other remedies, to the extent you have breached this User Agreement, you must
pay us all fees owed to us and reimburse us for all losses and costs (including
any and all of our employee time) and reasonable expenses (including legal
fees) related to investigating such breach and collecting such fees.
You acknowledge and
agree that: (1) the damages that we will sustain as a result of your breach of
this User Agreement will be substantial and will potentially include (without
limitation) fines and other related expenses imposed on us by our payment
processors and Users and that those damages may be extremely difficult and
impracticable to ascertain; (2) if you breach this User Agreement, we may fine
you up to US$3,000 for each breach and/or we may take legal action against you
to recover losses that are in excess of the fine amount; (3) a fine of up to
US$3,000 is a presently reasonable pre-estimate or minimum estimate of our
damages, considering all currently existing circumstances, including (without
limitation) the relationship of the sum to the range of harm to us that
reasonably could be anticipated and the anticipation that proof of actual
damages may be impractical or extremely difficult; and (4) we may release the
entire (or part of the) amount of the fine from your Account to us.
If we close your
Account for a reason other than as a result of your breach of this User
Agreement, unless as otherwise specified in this User Agreement, you will be
entitled to receive any payment due to your from buyers of your goods/services.
In the event that we
close your Account, you will have no claim whatsoever against us in respect of
any such suspension or termination of your Account.
24. Escrow Payments
"Escrow" is used as a
term that laymen may use to describe a particular service offered by Teelance. "Escrow" does not imply that we are in any way a
financial institution or hold funds in our accounts owed to Sellers as a matter
of course. We may provide you with a service which
allows controlled payments to be made with respect to a service called Escrow
Payments.
Subject to the User
Contract, the Buyer can make an Escrow Payment, which will be removed from the
funding account of the buyer and cannot be claimed by the Seller until:
i.
the Buyer and Seller
agree that the funds can be claimed by the Seller;
ii. if there is a dispute, the Buyer and Seller have concluded the Dispute
Resolution Process and
the Dispute is resolved in the SellerÕs favour;
iii.
the Buyer instructs us to
pay a Seller for services performed by the Seller in respect of a
project; or
iv.
the Buyer acknowledges
that the Seller has completed the services fully and to a satisfactory
degree.
If a Buyer does not
approve of the SellerÕs work product, the parties may elect to resolve the
issue under the Dispute Resolution Process.
If we have not
received any instructions from a Buyer in respect of a Payment within twelve
months after the day that the Milestone Payment was paid and the Buyer has not
logged into their Account during that time, the payment will be issued to the
seller in which the buyer entered an agreement with and deduct fees and or
charges per our policies.
25. Dispute Resolution Services
Teelance offers Dispute Resolution Services to Users who have
elected to use the "Escrow" feature. You agree and acknowledge that: (i) Teelance is not providing
legal services; (ii) Teelance will not advise you
regarding any legal matters; and (iii) if you desire to have legal counsel, you
will seek an independent legal counsel from those licensed to practice law in
your jurisdiction. You will not rely on Teelance for
any such counsel.
In the event of a
dispute between a Buyer and a Seller regarding a return or release of Payments,
either Buyer or Seller may elect to use the Dispute Resolution Services offered
by Teelance. The Buyer and Seller will then be
notified that the matter will be addressed through the Dispute Resolution
Services.
You agree to indemnify
and (to the maximum extent permitted by law) hold Teelance
and any of our affiliates harmless against any damages or liability you may suffer
as a result of using the ÔEscrowÕ Payments and/or Dispute Resolution Services.
26. Other Disputes With Users
You acknowledge and
agree that in the event that a dispute arises between you and another User in
relation to any project that you will first attempt to resolve any differences
that you have in relation to such Project, including in relation to the quality
of the services provided.
If you continue to
have any difficulties or problems in relation to a dispute with another User in
relation to a project we encourage you to contact us.
Teelance retains full rights and powers to make a
determination for all such disputes. Upon receipt of a dispute, Teelance shall have the right to request the Seller and the
Buyer to provide documentation in support of their claim or position in
relation to the dispute. You agree that Teelance has
absolute discretion to accept or reject any document provided. You also
acknowledge that Teelance is not a judicial or
alternative dispute resolution institution and that we will make the
determinations only as an ordinary, reasonable, impartial person. In addition,
we do not warrant that the documents provided by the parties to the dispute
will be true, complete or correct and you agree to indemnify and (to the
maximum extent permitted by law) hold Teelance and
any of our affiliates harmless against any damages or liability you may suffer
as a result of any documentation or material subsequently being found to be
false or misleading.
In relation to
disputes with any other users of the Website, you hereby agree to indemnify Teelance from any and all claims, demands, and damages,
actual and consequential, of every kind and nature, known and unknown, that is
related to such a dispute, our determinations or the use of any services
offered by Teelance.
It is agreed by you
that you will make every endeavour at fair play and
post reasonable and fair demands/offers on your dispute. A User deemed by Teelance to be not abiding by fair play during the Dispute
Resolution Service process may automatically lose the dispute in favour of the other party involved, regardless of the
origin of the dispute. Teelance has sole discression
over the classification of fair play behaviour.
27. Disputes With Us
If a dispute arises
between you and Teelance, our goal is to address your
concerns and, if we are unable to do so to your satisfaction, to provide you
with a means of resolving the dispute quickly. We strongly encourage you to
first contact us directly to seek a resolution contacting [email protected]
For any claim, Teelance may elect to resolve the dispute in a cost
effective manner through binding non-appearance-based arbitration. If Teelance elects arbitration, such arbitration will be
initiated through an established alternative dispute resolution (ADR) provider,
which is to be selected by you from a panel of ADR providers that Teelance will provide to you. The ADR provider and the
parties must comply with the following rules: a) the arbitration shall be
conducted by telephone, online and/or be solely based on written submissions,
the specific manner shall be chosen by the party initiating the arbitration; b)
the arbitration shall not involve any personal appearance by the parties or
witnesses unless otherwise mutually agreed by the parties; and c) any judgment
on the award rendered by the arbitrator may be entered in any court of
competent jurisdiction.
All claims you bring
against Teelance must be resolved in accordance with
the terms of this Agreement. All claims filed or brought contrary to this
Agreement shall be considered improperly filed and a breach of this Agreement.
Should you file a claim contrary to the terms of this Agreement, Teelance may recover its legal fees and costs (including
in-house lawyers and paralegals), provided that Teelance has notified you in writing of the improperly
filed claim, and you have failed to promptly withdraw the claim.
If any proceeding by
or against you is commenced under any provision of any bankruptcy or insolvency
law, Teelance will be entitled to recover all
reasonable costs or expenses (including reasonable legal fees and expenses)
incurred in connection with the enforcement of this Agreement.
TeelanceÕs failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or similar
breaches.
28. Currencies
You are responsible
for ensuring that you are eligible to send and/or receive funds in the currency
specified in any terms or agreements presented on the Website. If you are found
to be ineligible to receive funds in an agreed currency then you may surrender
any payments arranged under the agreement. Teelance,
at our sole discression, may mediate currency ineligibility disputes on request
and TeelanceÕs decision will be final.
You are responsible
for all risks associated with converting and agreeing to payments in various
available currencies, including but not limited to the risk that the value of
these funds will fluctuate as exchange rates change, which could result in
decreases in the value of your payment. You must not use (or attempt to use)
the Website to engage in speculative trading, which could result in substantial
losses. We are not a financial services provider.
29. Competitions
We may run and promote
competitions on the Website from time to time and such competitions will be
subject to the terms and conditions as published by us on the Website.
Prizes awarded will be
denominated in USD unless stated otherwise. Competition
winners will be determined by us in accordance with the applicable terms
and conditions at our absolute discretion. All decisions made us in respect of
competition are final and we will not enter into any correspondence in relation
to the prize or the promotion.
30. Release
If you have a dispute
with one or more Users, you release us (and our officers, directors, agents,
subsidiaries, joint ventures and employees) from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown, arising
out of or in any way connected with such disputes.
31. Access And Interference
You agree that you
will not use any robot, spider, scraper or other automated means to access the Teelance Website for any purpose without our express
written permission.
Additionally, you
agree that you will not:
i.
take any action that
imposes or may impose (in our sole discretion, exercised reasonably) an
unreasonable or disproportionately large load on our infrastructure;
ii. interfere with, damage, manipulate, disrupt, disable, modify, overburden, or
impair any device, software system or network connected to or used (by you or
us) in relation to the Teelance Website or your
Account, or assist any other person to do any of these things, or take any
action that imposes, or may impose, in our discretion, an unreasonable or
disproportionately large load on our infrastructure;
iii.
copy, reproduce, modify,
create derivative works from, distribute, or publicly display any content
(except for your information) from the websiteÕs without the prior express
written permission of Teelance and the appropriate
third party, as applicable;
iv.
interfere or
attempt to interfere with the proper working of the websiteÕs, services or
tools, or any activities conducted on or with the websiteÕs, services or tools;
or
v. bypass our robot exclusion headers or other measures we may use to prevent or
restrict access to the Website.
32. Closing Your Account
You may close your
Account at any time through your User dashboard or by emailing [email protected] providing you:
i.
do not have any
outstanding listings on the Website; and
ii. have resolved any outstanding matters (such as a suspension or restriction
on your Account);
and
iii.
have paid any outstanding
fees owing on the Account.
33. Privacy
We use your
information as described in the Teelance Privacy
Policy. If you object to your information being transferred or used in this way
then you may not use our services.
34. Indemnity
You will indemnify us
(and our officers, directors, agents, subsidiaries, joint venturers
and employees) against any claim or demand, including legal fees and costs,
made against us by any third party due to or arising out of your breach of this
Agreement, or your infringement of any law or the rights of a third party in
the course of using the Teelance Website and Teelance Services.
35. Security
You must immediately
notify us upon becoming aware of any unauthorised
access or any other security breach to the Website, your Account or the Teelance Services and do everything possible to mitigate
the unauthorised access or security breach (including
preserving evidence and notifying appropriate authorities). You are solely
responsible for securing your password. We will not be liable for any loss or
damage arising from unauthorised access of your
account resulting from your failure to secure your password.
36. No Insurance Or Warranty
We do not offer any
form of insurance, or other Buyer or Seller protection.
37. No Warranty As To Each UserÕs Purported Identity
Because User
identification on the internet is difficult, we cannot
and do not confirm each User's purported identity. We may provide information
about a User, such as a strength or risk score, geographical location, or third
party background check or verification of identity or credentials. However,
such information is based solely on data that the User submits and we provide
such information solely for the convenience of Users and the provision of such
information is not an introduction, endorsement or recommendation by us.
38. No Warranty As To Content On The Website
The Website is a
dynamic time-sensitive website. As such, information on the Website will change
frequently. It is possible that some information could be considered offensive,
harmful, inaccurate or misleading or mislabelled or
deceptively labelled accidently by us or accidentally
or purposefully by a third party.
Our Services, the
Website and all content on it are provided on an 'as
is', 'with all faults' and 'as available' basis and without warranties of any
kind either express or implied. Without limiting the foregoing, we make no
representation or warranty about:
i.
the Website or any Seller
Services or Teelance Services;
ii. the accuracy, reliability, availability, veracity, timeliness or content of
the Website or any
Seller Services or Teelance
Services;
iii.
whether the
Website or Seller Services or Teelance Services will
be up-to-date, uninterrupted,
secure, error-free or non-misleading;
iv.
whether defects
in the Website will be corrected;
v. whether the Website, the Seller Services or the Teelance Services or any data, content or material will be
backed up or whether business continuity arrangements are in place in respect
of the Website, Seller Services or Teelance Services;
vi.
any third party
agreements or any guarantee of business gained by you through the Website,
Seller Services or Teelance Services or us; or
vii.
the Website, Seller
Services or Teelance Services or infrastructure on
which they are based, being error or malicious code free, secure, confidential
or performing at any particular standard or having any particular function.
i.
any indirect, special, incidental or consequential damages
that may be incurred by you;
ii. any loss of income, business or profits (whether direct or
indirect) that may be incurred by
you;
iii.
any claim, damage, or
loss which may be incurred by you as a result of any of your
transactions involving the Website.
To the extent
permitted by law, we specifically disclaim any implied warranties of title,
merchantability, fitness for a particular purpose,
quality, suitability and non-infringement.
39. Limitation Of Liability
In no event shall we,
our related entities, our affiliates or staff be liable, whether in contract,
warranty, tort (including negligence), or any other form of liability, for:
The limitations on our
liability to you above shall apply whether or not we, our
related entities, our affiliates or staff have been advised of the
possibility of such losses or damages arising.
Notwithstanding the
above provisions, nothing in this User Agreement is intended to limit or
exclude any liability on the part of us and our affiliates and related entities
where and to the extent that applicable law prohibits such exclusion or
limitation including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation.
To the extent that we
are able to limit the remedies available under this User Agreement, we expressly
limit our liability for breach of a non-excludable condition or warranty
implied by virtue of any legislation to the following remedies (the choice of
which is to be at our sole discretion) to the supply of the Teelance
services again or the payment of the cost of having the Teelance
services supplied again.
40. Jurisdiction Limitations
As some jurisdictions
do not allow some of the exclusions or limitations as established above, some
of these exclusions or limitations may not apply to you. In that event, the
liability will be limited as far as legally possible under the applicable
legislation.
41. Bar To Action
We may plead this User
Agreement in bar to any claim, action, proceeding or suit brought by you,
against us for any matter arising out of any transaction or otherwise in
respect of this User Agreement.
42. No Class Actions
You and we agree that
you and we will only be permitted to bring claims against the other only on an
individual basis and not as a plaintiff or class member in any purported class
or representative action or proceeding. Unless both you and we agree otherwise,
the arbitrator may not consolidate or join more than one person's or party's
claims and may not otherwise preside over any form of a consolidated,
representative, or class proceeding. In addition, the arbitrator may award
relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to
the extent necessary to provide relief necessitated by that party's individual
claim(s). Any relief awarded cannot affect other Users.
43. Notices
Legal notices must be
served on Teelance (in the case of Teelance) or to the email address you provide to Teelance during the registration process (in your case).
Notice will be deemed given 24 hours after email is sent, unless the sending
party is notified that the email address is invalid or that the email has not
been delivered.
Any notices to rTeelance must be given by registered ordinary post (or if
posted to or from a place outside the United Kingdom, by registered airmail).
44. Law And Forum For Legal Disputes
This Agreement will be
governed in all respects by the laws of the United Kingdom. We encourage you to
try and resolve disputes using certified mediation (such as online dispute
resolution processes). If a dispute cannot be resolved then you and Teelance irrevocably submit to the non-exclusive
jurisdiction of the courts of the United Kingdom.
45. Severability
The provisions of this
User Agreement are severable, and if any provision of this User Agreement is
held to be invalid or unenforceable, such provision may be removed and the
remaining provisions will be enforced. This Agreement may be
assigned by us to an associated entity at any time, or to a third party
without your consent in the event of a sale or other transfer of some or all of
our assets. In the event of any sale or transfer you will remain bound by this
User Agreement.
46. Interpretation
Headings are for
reference purposes only and in no way define, limit, construe or describe the
scope or extent of such section.
47. No Waiver
Our failure to act
with respect to an anticipated or actual breach by you or others does not waive
our right to act with respect to subsequent or similar breaches. Nothing in
this section shall exclude or restrict your liability arising out of fraud or
fraudulent misrepresentation.
48. Communications
You consent to receive
notices and information from us in respect of the Website and Services by
electronic communication. You may withdraw this consent at any time, but if you
do so we may choose to suspend or close your Account.
49. General
Outbreak Creative
Limited is located at 76 Rutland Drive, Morden,
Surrey, SM45QL, United Kingdom.
This Agreement
contains the entire understanding and agreement between you and Teelance. The following Sections survive any termination of
this Agreement: Fees And Services (with respect to fees owed for our services),
Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity,
Bar To Action, No Class Actions, and Disputes With Us.
50. Feedback
If you have any
questions about this User Agreement or if you wish to report breaches of this
User Agreement, please contact us by emailing [email protected]elance.net
Paypal Acceptable Use Policy
You are independently
responsible for complying with all applicable laws in all of your actions
related to your use of PayPal's services, regardless of the purpose of the use.
In addition, you must adhere to the terms of this Acceptable Use Policy.
Prohibited Activities
You may not use the Teelance service for activities that:
1.
violate any law,
statute, ordinance or regulation.
2.
relate to transactions
involving (a) narcotics, steroids, certain controlled
substances or
other products that present a risk to consumer safety, (b) drug paraphernalia,
(c) cigarettes, (d) items that encourage, promote, facilitate or instruct
others to engage in illegal activity, (e) stolen goods including digital and
virtual goods, (f) the promotion of hate, violence, racial intolerance or the
financial exploitation of a crime, (g) items that are considered obscene, (h)
items that infringe or violate any copyright, trademark, right of publicity or
privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j)
ammunition, firearms, or certain firearm parts or accessories, or (k) certain
weapons or knives regulated under applicable law.
3.
relate to transactions that
(a) show the personal information of third parties in violation of applicable
law, (b) support pyramid or ponzi schemes, matrix
programs, other "get rich quick" schemes or certain multi-level
marketing programs, (c) are associated with purchases of annuities or lottery
contracts,
lay-away systems, off-shore banking or transactions to
finance or refinance debts funded by a credit card, (d) are for the sale of
certain items before the seller has control or possession of the item, (e) are
by payment processors to collect payments on behalf of merchants, (f) are
associated with the sale of traveler's cheques or
money orders, (h) involve currency exchanges or cheque
cashing businesses, (i) involve certain credit
repair, debt settlement services, credit transactions or insurance activities,
or (k) involve offering or receiving payments for the purpose of bribery or
corruption.
4. involve
the sales of products or services identified by government agencies to have a
high likelihood of being fraudulent.
Violations of the Acceptable Use Policy
We encourage you to
report violations of this Acceptable Use Policy to Teelance
immediately. If you have a question about whether a type of transaction may
violate the Acceptable Use Policy, you can email the Teelance
support team
at: [email protected]