Givo's Terms of Service

Hello! Welcome to Givo's Terms of Service. Please read this carefully before you start to use Givo.Me ('The Site'). By using the Site or opening an account, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy.

Givo is an Aussie company and subject only to Australia's laws and jurisdiction, so for the moment these Terms of Service (and any other terms, policies, or guidelines that we provide to you) are only available in English.

Last Modified 1 Jan 2016

  • Key Terms.

    Gigs are products and services offered on Givo.

    Sellers are users who sell tangible and/or digital items, offer and perform services on Givo.

    Buyers are users who purchase products and services on Givo.

    Gig Page is where the seller can describe their Post and the Post's terms, and the buyer can purchase the product or service and create an order.

    Orders are the formal agreement between a buyer and seller after a purchase was made from the seller's Gig Page.

    Disputes are disagreements experienced during an order between a buyer and seller.

    Revenue is the money sellers earn from completed orders.

    Task or Job is a piece of work, online or in-person, to be done or undertaken.

    Gig Extras are additional services offered on top of the Seller's Basic Gig for an additional price defined by the Seller.

    Gig Metadata is additional information to help widen your Gig's exposure when buyers search for services relevant to your Gig.

  • Sellers

    Each fulfilled order, accredits your account with a net revenue of 100% of the order total - $1 (fixed) . You don't pay anything until you make a sale.

    Givo accredits sellers once an order is completed. See our "Orders" section below for a definition of a completed order.

    Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete.

    If an order is cancelled (for any reason), the funds paid will be refunded to the buyer's account balance.

    Sellers may withdraw their revenues using one of Givo's withdrawal options.

    The seller's rating is calculated based on the order reviews posted by buyers.

  • Overview

    Posts on Givo are offered at any price set by the seller.

    Only registered users may buy and sell on Givo. Registration is (and will always be) free.

    Orders are purchased through the Order/Download button found on a seller's Gig page.

    Sellers must fulfil their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders may affect sellers' reputation.

    Users may not offer or accept payments using any method other than placing an order through Givo.

    Buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their Gig page. Some Posts charge additional payments (through Post Extras) for Commercial Use License.

    Posting jobs is free and all jobs will be live for two days. Additional options are offered to extend time online.

    None of the sellers is directly employed by Givo

    Online resumes are free and securely stored in your account

    Givo retains the right to use all published delivered works for its own marketing and promotion purposes. The Privacy Policy is a part of these Terms of Service.

  • Buyers

    You should not offer sellers to pay, or make payment using any method other than through the Givo.Me site.

    Givo retains the right to use all published delivered works for its own marketing and promotional purposes.

    Buyers may request a specific item, service or task from the 'Post a Job' feature found on the site top's menu. Services, jobs and tasks requested must be an allowed service and item on Givo.

    Please view our Approved Services and Prohibited and Restricted Items Policy.

  • Posts Basics

    Posts created on Givo are User Generated Content.

    Posts may be removed by Givo for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:

    - Illegal or Fraudulent services, Copyright Infringement, Trademark Infringement

    - Copyright Infringement, Trademark Infringement reported through our Intellectual Property Claims Policy found or Prohibited Items Policy.

    - Adult oriented services, Pornographic, Inappropriate/Obscene.

    - Intentional copies of Posts.

    - Spam, Nonsense, or Violent Posts.

    - Posts misleading to buyers, including violations of third party terms of service.

    - Reselling of regulated goods.

    - Posts that are removed for violations mentioned above, may result in the removal of the seller's account.

    - Posts that are removed for violations are not eligible to be restored or edited.

    - Posts may be removed from our Search feature due to poor performance and/or user misconduct.

    - URLs in your Post text that redirect to third party websites are subject to approval and may be considered inappropriate to use on Givo.

    - Posts are required to have an appropriate Post image related to the service offered. An option to upload two additional Post images are available to all sellers.

    - Posts may contain an approved Post Video uploaded through the Post management tools available on Givo.

    - Statements on the Post Page that undermine or circumvent these Terms of Service is prohibited.

    Purchasing Basics

    Buyers pay Givo to create an order from a seller's Post page, through the Buy Now button. In addition buyers can Post a Task which addresses specific buyer requirements, and receive a Quote from sellers through the site.

    Posts may be purchased using a Givo's account balance system or using PayPal.

    If you have funds in your account balance, either from your shopping or available revenue balance, you will have the option to choose whether to use them or not on the post checkout page.

    To protect against fraud, unauthorised transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from buyers on the Site or transferring payments to sellers on the Site.

    Givo is not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy.

    Orders Basics

    Once payment is confirmed, your order will be created and given a unique order number.

    Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Post.

    Using the Deliver Work button may not be abused by sellers to circumvent Order guidelines described in this Terms of Service. Using the 'Deliver Work' button when an order was not fulfilled may result in a cancellation of that order after review, affect the seller's rating and result in a warning to seller.

    An order is marked as complete after the order is marked as Delivered by the seller and then rated by the buyer. An order will be automatically marked as complete if not rated and no request for modification was submitted within 3 days after marked as Delivered.

    We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can open a Dispute to get assistance from Givo staff.

    Handling Orders

    When a buyer orders a Post, the seller is notified by email as well as notifications on the site while logged into the account.

    Sellers are required to meet the delivery time they specified when creating their Post. Failing to do so will allow the buyer to cancel the order when an order is marked as late and may harm the seller's rating.

    Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the order as Delivered.

    Users are responsible for scanning all transferred files for viruses and malware. Givo will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

    A Seller may cancel an order without the buyer's consent at any given moment (Force Cancellation). However, this may have a negative effect on the seller's rating.

    Buyers may use the 'Reject' feature located on the Messages page while an order is marked as Delivered if the delivered materials do not match the seller's description on their Post page or the requirements sent to the seller at the beginning of the order process.

    Buyers may use the 'Reject' feature up to three times before being prompted to open a dispute.

    Reviews

    Feedback reviews provided by buyers while completing an order are an essential part of Givo's rating system. Reviews demonstrate the buyer's overall experience with the sellers and their service. Buyers are encouraged to communicate to the seller any concerns experienced during their active order in regards to the service provided by the seller.

    Leaving a buyer's feedback is a basic prerogative of a buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.

    To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Givo platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the Givo platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.

    Feedback comments given by buyers are publicly displayed on a seller's Post page. Buyers have the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback unless mutually agreed.

    Shipping

    Tangible products and some of the services on Givo are delivered physically. For these types of Posts, sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).

    Important: Buyers who order Posts that require physical delivery, will be asked to provide a shipping address.

    Sellers are responsible for all shipping arrangements once the buyer provides the shipping address.

    Givo does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.

    A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the order page when delivering your work.

    Disputes and Cancellations

    We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact open a Dispute and Givo will be review the facts and evidence of the order to make any of the following decisions:

    - Refund the buyer;

    - Pay the seller;

    Givo's dispute decisions are final and not subject to negotiation.

    Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.

    In the event of a dispute, you are encouraged to use the Site's dispute resolution tools to attempt to resolve the matter by working it out with the seller or if not possible contact customer support for a resolution.

    Eligibility to cancel an order will be assessed by our customer support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Givo delivery system.

    Orders are not eligible to be cancelled based on the quality of service/materials delivered by the seller if the service was rendered as described in the Post page. Buyers may rate their experience with the seller on the order page, including the overall level of service quality received.

    Givo reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.

    Refunds

    Refund are initially processed to the buyer's account balance. However, if the buyer prefer a direct refund to the PayPal account, it is their responsibility to communicate their preference to the Givo customer team.

    Deposit refunds, when available from the payment provider, can be performed by our customer support team. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our customer support team. Such refunds may be subject to an additional fee. If any processing fees were added at the time of purchase to create a new order, the processing fees from that payment will be refunded along with your deposit.

    User Conduct

    Givo enables people around the world to create, share, sell and purchase nearly any product and service at an unbeatable value. Products and Services offered on Givo reflect the diversity of an expanding self-employment economy. Members of the Givo community communicate and engage through orders, social media, and on Givo's community forums.

    Givo maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Givo. This section relates to the expected conduct users should adhere to while interacting with each other on Givo.

    Basics

    To protect our users' privacy, any necessary exchange of personal information required to continue a service may be exchanged within the order page.

    Givo does not provide any guarantee of the level of service offered to buyers. You may use the dispute resolution tools provided to you in the order page.

    Givo does not provide protection for users who interact outside of the Givo platform or that are actively violating our Terms of Service.

    All information and file exchanges must be performed exclusively on Givo's platform.

    Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.

    Reporting Violations

    If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

    Violations

    Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account becoming permanently disabled based on the severity of the violation.

    Non-Permitted Usage

    To view the full list of products and services NOT allowed on Givo, read our Acceptable Use Policy.

    Adult Services & Pornography Givo does not allow any exchange of adult oriented or pornographic materials and services.

    Inappropriate Behaviour & Language Communication on Givo should be friendly, constructive, and professional. Givo condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

    Phishing and Spam Givo takes the matter its members' security seriously. Any attempts to publish or send malicious content with the intent to compromise another member's account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them for commercial purposes without their consent.

    Privacy & Identity You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer. Any users who engage and communicate off of Givo will not be protected by our Terms of Service.

    Intellectual Property Claims Givo will respond to clear and complete notices of alleged copyright or trademark infringement. Read about our Intellectual Property claims procedure.

    Fraud / Unlawful Use You may not use Givo for any unlawful purposes or to conduct illegal activities.

    Abuse and Spam

    Multiple Accounts To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Givo community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Givo's Terms of Service is cause for permanent suspension of all accounts.

    Targeted Abuse We do not tolerate users who engage in targeted abuse or harassment towards other users on Givo. This includes creating new multiple accounts to harass members through our message or ordering system.

    Selling Accounts You may not buy or sell Givo accounts.

    These terms and conditions ('Terms of Service'), govern the use of the services offered by Givo (the 'Company') at the Company Web Service, including any content, functionality and services offered on or through www.givo.me (the 'Site'). Please read these Terms of Service and the Privacy Policy carefully (the 'Privacy Policy') before using the Service. You can read the Privacy Policy here. Your use of the Service constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service and the Privacy Policy and your representation that you are 18 years of age or older. If you object to anything in these Terms of Service or the Privacy Policy, you are not permitted to use the Service. The Privacy Policy is incorporated by reference into these Terms of Service and these Terms of Service and the Privacy together are hereinafter referred to as this 'Agreement.'

    You should read this carefully before you use Givo. If you have any questions or suggestions, please feel free to contact us.  By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site.

    This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Givo services. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

    THESE TERMS OF SERVICE INCLUDE (1) YOUR AGREEMENT THAT THE SERVICE IS PROVIDED 'AS IS' AND WITHOUT WARRANTY, (2) YOUR AGREEMENT THAT GIVO.me HAS NO LIABILITY REGARDING THE SERVICE, (3) YOUR CONSENT TO RELEASE GIVO.me FROM LIABILITY BASED ON CLAIMS BETWEEN USERS AND GENERALLY, (4) YOUR AGREEMENT TO INDEMNIFY GIVO.me FROM CLAIMS DUE TO YOUR USE OR INABILITY TO USE THE SERVICE, (5) YOUR CONSENT THAT EITHER PARTY HAS THE RIGHT TO COMPEL ARBITRATION, AND (6) YOUR CONSENT THAT NO CLAIMS CAN BE ADJUDICATED ON A CLASS BASIS.

    Accepting the Terms of Service

    Please read these Terms of Service, our Privacy Policy, and our Community Guidelines (collectively, the 'Agreement') carefully before using givo.me (the 'Site') and/or the other domains, products, services, and/or content provided by givo.me (all of those collectively with the Site, the 'Service') (givo.me, collectively with its agents, consultants, employees, officers and directors, 'Givo,' 'we,' or 'us'). By using or accessing the Service, you ('Subscriber' or 'you') agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you shouldn't and aren't permitted to use the Service. Use of Givo's Service is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms.

    Access to the Service

    The givo.me website and domain name and any other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time by Company in connection therewith (collectively, the 'Website') are owned and operated by Company. Subject to the terms and conditions of this Agreement, Company may offer to provide certain services, as described more fully on the Website, and that have been selected by you (together with the Website, the 'Service'), solely for your own use, and not for the use or benefit of any third party. The term 'Service' includes, without limitation, use of the Website, any service Company performs for you and the Content (as defined below) offered by Company on the Website. Company may change, suspend or discontinue the Service at any time, including the availability of any feature, database, or Content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Service following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

    Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Service. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Company or on the Service. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us form the help page.

    The Service

    Givers and posters

    The Service is a communications platform for enabling the connection between individuals and/or businesses seeking to obtain task services ('Posters') and/or individuals seeking to provide task services ('Givers'). Givers and Posters together are hereinafter referred to as 'Users'. Those certain task services requested by the Posters, which are to be completed by the Givers are hereinafter referred to as 'Jobs'

    Digital Services and Digital Files ('Digitals')

    A service offered on Givo is called a Digital. Digitals on Givo are offered for a fixed, base price. Only registered users may buy and sell on Givo. Registration is free. Sellers gain account experience based on their performance and reputation. Sellers must fulfil their orders, and may not cancel on a regular basis or without cause. Users may not offer or accept payments using any method other than placing an order through Givo's website. Digitals must be ordered using the Buy button. Buyers are granted all rights for the delivered work, unless otherwise specified by the seller in the Digital description. Givo retains the right to use all published delivered works for Givo marketing and promotion purposes.

    Each fulfilled order, accredits your account with a net revenue of 100% of the order total minus $1 fixed transaction fee. For example, if the total sale is $200 the seller will receive $199. This amount does not take into consideration payment gateways or third parties fees. Buyers pay Givo for orders in advance. Givo accredits sellers once an order is completed. See 'Delivery & Communications' below for a definition of a completed order. Sellers may withdraw their revenues using one of Givo's withdrawal options. If an order is cancelled (for any reason), the payment funds will be returned to the buyer. Sellers may withdraw their revenues to a PayPal account of their choice, according to the terms specified below. The seller's rating is calculated based on a number of factors, including feedback received from buyers, amount of orders, cancelled orders, and late deliveries.

    Seller Statuses

    Givo is all about helping sellers leverage their skills. We seek to empower top performing sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Givo may reward them with new statuses, special opportunities, benefits, and tools that come with it.

    Handling Orders

    When a buyer orders a Digital, the seller is notified by email as well as notifications on the site while logged in to your account. Sellers are required to meet the delivery time they specified when creating their Digitals. Failing to do so will allow the buyer to cancel the order and may harm the seller's rating. Both buyers and sellers have the option to cancel an order by mutual agreement. Mutual cancellations have no negative effect on rating. However, excessive cancellations, of any type, have a negative effect on Levels eligibility. Unanswered mutual cancellation requests will automatically be accepted after 48 hours, while reducing the non-responding user's rating. A Seller may cancel an order without the buyer's consent at any given moment (Force Cancellation) However, this will have a negative effect on the seller's rating.

    Privacy of Information Supplied

    All communications, information and file exchanges must be performed exclusively using Givo's messaging system. Posting or sending adult, illegal, rude, abusive, improper, copyright protected, promotional, spam, violent, racist, nonsense or any unethical stuff is strictly prohibited. Doing so will get your account blocked permanently.

    Delivery & Communications

    You are responsible for scanning all transferred files for viruses and malware when offering Digital Files. Givo will not be held responsible for any damages which might occur due to site usage, use of content or files transferred. Sellers must deliver completed files and/or proof of work using the Finish and Deliver button (located on the Order page). Responding and posting a review: Once work is delivered, the buyer has three days to respond and post a review. If no response is provided within the response time, the order will be considered completed.

    Withdrawing Earnings

    To withdraw your earnings, you must have an account with at least one of Givo's withdrawal providers. Your Givo profile can be associated with only one account from each Givo withdrawal providers. A withdrawal provider account can be associated with only one Givo profile. Revenues are only made available for withdrawal from the Withdrawals page after a safety clearance period of 14 days after the order is marked as complete. Withdrawal fees vary depending on the withdrawal provider / method. Withdrawals are final and cannot be undone. Givo will not be able to refund or change this process once it has begun.

    Digital Services and Digital Files Buyers

    Digitals may be purchased using a PayPal account worldwide. Once payment is confirmed, your order will be created. You may not offer sellers to pay, or make payment using any method other than through the Givo.me site. You may not pay other users directly using any method other than ordering through the Givo order page. In case you have been asked to use an alternative payment method, please report it immediately here.

    Filing a dispute or reversing a payment through your payment provider or your bank prior to attempting to resolve the matter by working it out with the Seller through the Givo dispute resolution tools and contacting customer support through this Site may get your account suspended to investigate possible security violations. In case of a problem, always try and work things out with your seller. If you need further assistance, contact our customer support team from the Help page on your account.

    Order cancellations (when eligible) can be performed by customer support only up to a period of 10 days from order completion date. We will not be able to cancel orders after that time.

    Tangible (Physical) Products

    Givo attempts to be as accurate as possible. However, Givo does not warrant that product  descriptions or other content of any Givo Service is accurate, complete, reliable, current, or error-free. If a product offered by Givo itself is not as described, your sole remedy is to return it in unused condition.

    Pricing

    Except where noted otherwise, the List Price or Suggested Price displayed for products and or Jobs on any Givo Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere; or the average fee paid for completing similar tasks. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. We generally do not charge your PayPal account until after your order has entered the shipping process or, for Digital Products and Digital Services, until we make the digital product available to you.

    Sellers may decide to add additional charges for shipping. Sellers can add shipping prices for local shipping (within the same country) and for international shipping (anywhere else). Buyers, who order product that require physical delivery, will be asked to provide a shipping address. Sellers are responsible for all shipping arrangements once the buyer supplies the shipping address. Givo does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping. A tracking number is a great way to avoid disputes related to shipping. We recommend entering the tracking number if available in the order page when delivering your work.

    Givo Only Provides a Venue

    The Service is a communications platform for enabling connections between Users. Company does not take part in the interaction between Users. Company does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any ratings provided by Users, Tasks provided by Posters, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Company does not have control over the quality, timing or legality of Tasks delivered by its Givers. Company 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 Company may perform background checks and identity verification of Givers, as outlined in more detail below, Company cannot confirm that each User is who they claim to be. Company does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Service.

    Verified Givers go through an extensive vetting process before they can earn the blue Verified Giver badge. When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.

    Transactions

    Users of the Service contract for Jobs directly with other Users. Company will not be a party to any contracts for Tasks or services. Company facilitates these contracts by supplying a medium for the exchange of money. Payment will be processed at the end of a completed Task transaction.

    Posters offer payments for each requested Job. When a  Job is marked as closed by the Poster, the agreed upon the payment will be transferred to the Giver's online account. When the Job is marked complete by the Giver, which is an optional action, the Poster will have three (3) days before the Job is automatically marked complete in the system database and the Giver is paid the agreed upon the payment. The Job payment must be paid through the Service. Any task payments paid in cash outside of the Service are NOT subject to refunds. Any reimbursement expenses that are incurred by a Giver in connection with the completion of a Job may, however, be paid in cash offline or through the Service.

    Release

    The Service is only a venue for connecting Users. Because Company is not involved in the actual contact between Users or in the completion of the Job, in the event that you have a dispute with one or more Users, you release Company (and our officers, directors, agents, investors, subsidiaries, 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.

    Company expressly disclaims any liability that may arise between Users of its Service.

    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. You may only use such community areas 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 Task, 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 Company will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.

    Account, Password, Security and Mobile Phone Use

    You are the sole authorised user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Company for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. Company has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorised party may be using your password or account or you suspect any other breach of security, you will contact Company immediately.

    By providing your mobile phone number and using the Service, you hereby affirmatively consent to our use of your mobile phone number for calls and texts in order to perform and improve upon the Service. Company will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by contacting us.

    Links to Other Web Sites

    Links (such as hyperlinks) from the Service to other sites on the Web do not constitute the endorsement by Company of those sites or their content. Such links are provided as an information service, for reference and convenience only. Company 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 Company Service as well as any advertisements displayed in connection therewith) does not mean that Company endorses any of the material on such websites, or has any association with their operators. It is your responsibility 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 Company's Terms of Service or Privacy Policy. You access such third-party websites at your own risk. Company expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Service. You hereby agree to hold Company 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, you may link your account with online accounts you may have with third party service providers (each such account, a 'Third Party Account') by either: (i) providing your Third Party Account login information through the Service; or (ii) allowing Company to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Company and/or grant Company access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third party service providers. By granting Company access to any Third Party Accounts, you understand that (i) Company may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the 'SNS Content') so that it is available on and through the Service via your account, including without limitation any friend lists, and (ii) Company may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Unless otherwise specified in these Terms of Use, all SNS Content, if any, shall be considered to be User Generated Content for all purposes of these Terms of Service. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Service. Please note that if a Third Party Account or associated service becomes unavailable or Company's access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Service. You will have the ability to disable the connection between your account on the Service and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Company is not responsible for any SNS Content. You acknowledge and agree that Company may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Service. At your request made via e-mail, Company will deactivate the connection between the Service and your Third Party Account and delete any information stored on Company's servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.

    No Solicitation

    The Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Service facilitated through Company.

    You may not use the Service to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of Company.

    Your Information and Likeness

    'Your Information' is defined as any information and materials you provide to Company or other Users in connection with your registration for and use of the Service, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your 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.' You hereby represent and warrant to Company that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) 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); (e) will not be defamatory, libellous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Company or cause Company to lose (in whole or in part) the services of its ISPs or other partners or suppliers.

    The Service hosts User Generated Content relating to reviews of specific Givers. Such reviews are opinions and not the opinion of Company, have not been verified by Company and each Poster should undertake their own research to be satisfied that a specific Giver is the right person for a Task. You agree that Company is not liable for any User Generated Content.

    You hereby grant Company 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.

    Each Giver who provides to the Company any videotape, film, record, photograph, voice, or all related instrumental, musical, or other sound effects, in exchange for the right to use the Service, hereby irrevocably grants to the Company the non-exclusive, fully-paid, royalty-free, transferable, sub-licensable, worldwide, unrestricted, and perpetual right to:

    - Use any videotape, film, record or photograph that such Giver provides to the Company, and use, reproduce, modify, or creative derivatives of such Giver's picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the 'Physical Likeness'), in and in connection with the exhibition, distribution, display, performance, transmission, broadcasting on any and all media, including, without limitation, the internet, of any videos or images of such Giver in connection with the Service.

    - Reproduce in all media any recordation of such Giver's voice, and all related instrumental, musical, or other sound effects (collectively, the 'Voice'), made in connection with the Service.

    - Use, and permit to be used, such Giver's Physical Likeness and Voice in the advertising, marketing, and/or publicising of the Service in any media.

    - Use, and permit to be used, such Giver's name and identity in connection with the Service.

    Each Giver hereby waives all rights and releases the Company from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Giver's identity, likeness or voice in connection with the Service.

    Each Giver acknowledges that the Company shall not owe any financial or other remuneration for using the recordings provided hereunder by such Giver, either for initial or subsequent transmission or playback, and further acknowledges that the Company is not responsible for any expense or liability incurred as a result of such Giver's recordings or participation in any recordings, including any loss of such recording data.

    Worker Classification and Withholdings

    You assume all liability for proper classification of workers as independent contractors or employees based on applicable legal guidelines.

    You do not have authority to enter into written or oral - whether implied or express - contracts on behalf of Company. You acknowledge that Company does not, in any way, supervise, direct, or control a Giver's work or Jobs performed in any manner. Company does not set a Giver's work hours or location of work. Company will not provide a Giver with training or any equipment, labor or materials needed for a particular Job.

    The Service is not an employment service and Company does not serve as an employer of any User. As such, Company will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security, work cover, or payroll withholding tax in connection with your use of Users' services.

    You agree to indemnify, hold harmless and defend Company from any and all claims that a Giver was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Giver was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney's fees), any claim that Company was an employer or joint employer of a Giver, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.

    Termination

    This Agreement shall remain in full force and effect while you use The Service. You may terminate your use of The Service at any time. Company may terminate or suspend your access to The Service or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use The Service, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

    Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you.

    You 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.

    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 Company, excluding User Generated Content that Company has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Company owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. 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 Company'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 Company and, if applicable, the holder of the rights to the User Generated Content.

    The service marks and trademarks of Company, including without limitation Company and the Company logos are service marks owned by Company. 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.

    Unless clearly stated otherwise in The Digital description text, when the work is delivered, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller and the seller waives any and all moral rights therein. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of buyer. The seller expressly agrees to assign to buyer the copyright in any delivered work that do not meet the requirements of a work-for-hire under the Australian Copyright Act. Additionally, independent of the Australian Copyright Act, the seller agrees that unless indicated otherwise in The Digital description, once the order is completed the seller assigns along with it to the buyer, to the fullest extent possible under the law, all of its rights, title and interest, if any, in and to the delivered work and waives any and all moral rights in connection therewith. All transfer and assignment of intellectual property to buyer shall be subject to full payment for The Digital File or Service.

    Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer.

    Furthermore, users (both buyers and sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Givo, including Digital texts, photos, videos, usernames, user photos, user photos, user videos and any other information, including the display of delivered work, may be used by Givo for no consideration for marketing and/or other purposes.

    By offering a service, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that they offer on Givo. Sellers advertising their products, services and tasks online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the product, service or task and may lead to the suspension of seller's account.

    Copyright Complaints and Copyright Agent

    Company respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Service infringe upon your copyright or other intellectual property right, please send us the following information.

    A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Service where the material you claim is infringed is located. Include enough information to allow Company to locate the material, and explain why you think an infringement has taken place;

    A description of the location where the original or an authorised copy of the copyrighted work exists - for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;

    Your address, telephone number, and e-mail address;

    A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;

    A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner original authorised to act on the copyright owner's behalf; and

    An electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.

    We wish to remind that Givo.me's content is based on User Generated Content (UGC). Givo does not check user uploaded/created content for violations of copyright, trademarks or other rights. We invite everyone to report violations together with proof of ownership. Reported violating content may be removed or disabled. Furthermore, Givo is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to physical and digital products neither digital services nor tasks, their delivery, and any communications between buyers and sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate product, service and job offers.

    Disclaimer of Warranties

    YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. 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. COMPANY 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 (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. COMPANY 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 COMPANY 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 COMPANY 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.

    NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.

    NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

    COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

    IN ADDITION, NOTWITHSTANDING ANY FEATURE A POSTER MAY USE TO EXPEDITE GIVER SELECTION, EACH POSTER IS RESPONSIBLE FOR SELECTING THEIR GIVER AND NEGOTIATING TERMS OF WORK AND COMPANY DOES NOT WARRANT ANY GOODS OR SERVICES PURCHASED BY A POSTER, OR GIVO USER, AND DOES NOT RECOMMEND ANY PARTICULAR GIVER. COMPANY DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY GIVER'S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE.

    No Liability

    YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS ONLY WILLING TO PROVIDE THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD COMPANY, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, 'LIABILITIES') THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY'S USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY COMPANY OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.

    UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    COMPANY DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SERVICE.

    IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT COMPANY OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

    Indemnification

    You hereby agree to indemnify, defend, and hold harmless Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with your use or inability to use the Service. Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Company.

    Dispute Resolution

    INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ('Dispute'), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Company.

    WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and Company agree that any arbitration will be limited to the Dispute between Company and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this 'Dispute Resolution' Section will be deemed null and void.

    Special Promotions

    Company may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of Company, and can be activated, modified or removed at anytime by Company without advance notification and the liability of any of Company's partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to these Terms of Service.

    No Agency

    No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

    General Provisions

    Failure by Company to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. will be governed by and construed in accordance with the laws of the State of Queensland, without regard to its conflict of laws rules. This Agreement constitutes the entire agreement between you and Company with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of Company, its successors and assigns.

    Changes to this Agreement and the Service

    Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Service or any content or information through the Service at any time, effective with or without prior notice and without any liability to Company. Company will endeavour to notify you of these changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Company may change, modify, suspend, or discontinue any aspect of the Service at any time without notice or liability. Company may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.

    I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND THE PRIVACY POLICY AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

    Contact

    If you have any questions, complaints, or claims with respect to the Service, you may contact us on em.ovig@olleh or via the Help page.