GENERAL TERMS OF USE FOR THE COMPANY
1. General
These Terms of Use (hereinafter “Terms of Use “) govern the use of the services offered by GoWorkaBit Estonia OÜ, registration number 12679310, address Nurme 37, Tallinn, Estonia (GWB) at the GWB Web Service.
Such services and web site together are hereinafter referred to as the "Service." Please read these Terms of Use before using the Service. Your use of the Service constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Use and your representation that you are 18 years of age or older and/or you are the legal representative of the Company and you have right to enter into the Agreement on behalf of the Company. If you object to anything in these Terms of Use, you are not permitted to use the Service.
The privacy policy is incorporated by reference into these Terms of Use and these Terms of Use and the privacy together are hereinafter referred to as this “Agreement.”
This Agreement is subject to change at any time, effective upon posting on the Service. The use of the Services after such posting will constitute your acceptance of and agreement to such changes. Therefore, you should frequently review these Terms of Use and the privacy policy to see if they have been changed.
2. Definitions
- Service - communications platform by GoWorkaBit Estonia OÜ (GWB) for enabling the connection between individuals and/or businesses seeking to obtain task services;
- Company - company that is seeking connection between individuals and/or businesses seeking to obtain task services;
- Service provider - individual seeking to provide task services to a Company;
- Users - together Companies and Service providers;
- Project - tasks services requested by the Companies and completed by the Service providers;
- Agreement - agreement between the Company and GWB;
- Public Areas - profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users
3. Service connects service providers and companies
The Service is a communications platform for enabling the connection between individuals and/or businesses seeking to obtain task services (“Companies”) and/or individuals seeking to provide short term task services ("Service providers"). Companies and Service providers together are hereinafter referred to as "Users." Those certain task services requested by the Companies, which are to be completed by the Service providers, are hereinafter referred to as "Projects."
The Service is a communications platform goworkabit.com for enabling connections between Users.
4. Project
The webpage can be used to enter Projects (with information such as time, location, the number of people required and any additional information). Service providers on the GWB database that have requested information about available Projects shall receive an e-mail about new Projects. Service providers can then choose Projects they prefer and express their readiness for participation. The Service providers who wish to offer their services for a Project are presented to the Company which can then choose the best Service providers. Chosen Service providers shall receive a conformation via e-mail which also contains additional information, provided by the Company, about the Project.
Before commencing the Service, the Company agrees to introduce Service provider with safe working environment.
5. Invoicing
After the Project has been completed and the final duration of the Project has been confirmed by both the Company and the Service provider, then GWB shall issue an invoice to the Company via e-mail.
The Company is obligated to confirm the duration of the Project within 3 working days after the Project has ended. In the event of a Company’s failure to confirm the Project duration within 3 working days, the Project duration shall be deemed to be the same as stated initially on the Service. Any change to the Project duration requires the Service provider’s consent. Otherwise the Project duration shall remain unchanged.
If the Company submits a Project but does not choose the Service providers or take any additional actions and does not cancel the Project, then GWB has the right to invoice the Company according to the initial Project posted on the Service. The Company is obligated to pay within 14 days after it has been invoiced.
If the Company submits a Project but does not choose the Service providers (for reasons such as cancellation of the project or for finding another suitable service to help complete their project) and does not notify GWB at least 24 hours beforehand then GWB has the right to invoice the Company with 25 € with the description: “Negligence leads to sad candidates”.
It is the obligation of GWB to pay remuneration of the Service provided to the Service provider. The remuneration is paid by bank transfer.
6. Liability of GWB
GWB does not take part in the interaction between Users. GWB does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any ratings provided by Users, Projects provided by Companies, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. GWB does not have control over the quality, timing or legality of service delivered by Service providers.
GWB makes no representations about the suitability, reliability, timeliness, or accuracy of the tasks requested and provided by Users identified through the Service whether in public, private, or offline interactions. Although GWB may perform background checks from public sources of Service providers, GWB cannot confirm that each Service provider is who they claim to be. GWB does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Service.
When interacting with Service providers the Company should exercise caution and common sense to protect its safety and property. Neither GWB nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any User of the Service.
GWB is only a platform/venue for connecting Users as GWB is not involved in the actual contact between Users or in the completion of the neither task nor does GWB commence any service and/or employment agreements with the Service provider.
In the event that a Company have a dispute with one or more Users regarding the performance and/or quality of the Service, a Company shall release GWB (and its officers, directors and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
7. Public areas
The Service may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow Users to communicate with other Users. Such community areas may only be used to send and receive messages and material that are relevant and proper to the applicable forum. Without limitation, you may not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
- Use the Service for any purpose, including, but not limited to posting or completing a Project, in violation of local, state, national, or international law.
- Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer. Advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered through the Service.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters. Impersonate another person or allow any other person or entity to use your identification to post or view comments.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service.
- Restrict or inhibit any other User from using and enjoying the Public Areas. Imply or state that any statements you make are endorsed by Company, without the prior written consent of Company.
- Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Service in any manner.
- Hack or interfere with the Service, its servers or any connected networks.
- Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Company.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
All submissions made to Public Areas will be public, and GWB will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.
8. Account, password, security and cell phone use
The Company is the sole authorized user of its account. The Company is responsible for maintaining the confidentiality of any password and account number provided by the Company or GWB for accessing the Service. The Company is solely and fully responsible for all activities that occur under its password or account. GWB has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should the Company suspect that any unauthorized party may be using its password or account or suspects any other breach of security, GWB should be contacted immediately.
By providing cell phone number and using the Service, the Company hereby affirmatively consent to GWB use of the Company’s cell phone number for calls and texts in order to perform and improve upon the Service. GWB will not assess any charges for calls or texts, but standard message charges or other charges from wireless carrier may apply. The Company may opt-out of receiving text messages from GWB by emailing info@goworkabit.com.
9. Links to other web sites
Links (such as hyperlinks) from the Service to other sites on the Web do not constitute the endorsement by GWB of those sites or their content. Such links are provided as an information service, for reference and convenience only. GWB does not control any such sites, and is not responsible for their content. The existence of links on the Service to such websites (including without limitation external websites that are framed by the GWB Service as well as any advertisements displayed in connection therewith) does not mean that GWB endorses any of the material on such websites, or has any association with their operators. It is the responsibility of the Company to evaluate the content and usefulness of the information obtained from other sites.
The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by GWB's Terms of Use or Privacy Policy. The Company access such third-party websites at your own risk. GWB expressly disclaims any liability arising in connection with a Company’s use and/or viewing of any websites or other material associated with links that may appear on the Service. The Company hereby agrees to hold GWB harmless from any liability that may result from the use of links that may appear on the Service.
As part of the functionality of the Service, the Company may link its account with online accounts the Company may have with third party service providers (each such account, a "Third Party Account") by either:
- providing Third Party Account login information through the Service; or
- allowing Company to access Third Party Account, as is permitted under the applicable terms and conditions that govern the use of each Third Party Account.
10. Your information and likeness
"Your Information" is defined as any information and materials the Company provides to GWB or other Users in connection with its registration for and use of the Service, including without limitation that posted or transmitted for use in Public Areas. The Company is solely responsible for Your Information, and GWB acts merely as a passive conduit for the Company’s online distribution and publication of Your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as "User Generated Content." The Company hereby represents and warrants to GWB that Your Information:
- will not be false, inaccurate, incomplete or misleading;
- will not be fraudulent or involve the sale of counterfeit or stolen items;
- will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy;
- will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing;
- will not be obscene or contain child pornography or be harmful to minors;
- will not contain any viruses, Trojan Horses, worms, time bombs, cancellous or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
- will not create liability for GWB or cause GWB to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
The Company hereby grants GWB a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the Service.
11. Termination and suspension
GWB may terminate or suspend the Company’s right to use the Service at any time for any or no reason by providing the Company with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.
Without limitation, GWB may terminate or suspend the Company’s right to use the Service if the Company shall breach any term of this Agreement or any policy of GWB posted through the Service from time to time, or if GWB otherwise finds that the Company has engaged in inappropriate and/or offensive behaviour. If GWB terminates or suspends the Company’s right to use the Service for any of these reasons, the Company will not be entitled to any refund of unused balance in its account. In addition to terminating or suspending the account, GWB reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Even after the Company’s right to use the Service is terminated or suspended, this Agreement will remain enforceable against the Company.
The Company may terminate this Agreement at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
12. Intellectual property rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that Users see or read through the Service is owned by GWB, excluding User Generated Content that GWB has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without GWB's express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of GWB and, if applicable, the holder of the rights to the User Generated Content.
The service marks and trademarks of GWB, including without limitation GWB and the GWB logos are service marks owned by GWB. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
13. Confidential information
The Company acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of GWB and the Company agrees that it will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to authorized employees of the Company who are bound to maintain the confidentiality of Confidential Information.
The Company shall promptly notify GWB in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. The Company shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use.
The Company shall return all originals and any copies of any and all materials containing Confidential Information to GWB upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" shall mean any and all of GWB's trade secrets, confidential and proprietary information and all other information and data of GWB that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure.
Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
14. Disclaimer of warranties
Use of the service is entirely at the risk of the Company.
The service is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. GWB makes no warranties or representations about the accuracy or completeness of the content provided through the Service or the content of any sites linked to the Service and assumes no liability or responsibility for any:
- errors, mistakes, or inaccuracies of content,
- personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service,
- any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.
GWB does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the service or any hyperlinked website or featured in any banner or other advertising and GWB will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Without limiting the foregoing, neither GWB nor its affiliates or licensors warrant that access to the Service will be uninterrupted or that the service will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Service, or as to the timeliness, accuracy, reliability, completeness or content of any task or service, information or materials provided through or in connection with the use of the Service.
In addition, notwithstanding any feature a Company may use to expedite worker selection, each Company is responsible for selecting their Service provider and negotiating terms of the Service and GWB does not recommend any particular person. GWB does not provide any warranties or guarantees regarding any Service provider's professional accreditation, registration or license.