Last updated July 2020
IF YOU DO NOT AGREE WITH ALL OF THE TERMS HEREIN, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
GiveJobs is an online marketplace dedicated to connecting freelancers’ talents in developing countries with companies seeking workers. We are a different kind of freelancer platform aiming to make a positive economic and social impact. We believe in empowering people worldwide to create a reliable and safe living using the world wide web. GiveJobs primary niche is in developing countries, where we strive to help non-profits and non-governmental organizations (NGOs) give jobs instead of handouts. Direct payments into the hands of those who need resources are proven to help our freelancers take control of their finances and invest in their communities, breaking cycles of poverty.
The Site is intended for users who are at least 18 years old or otherwise have the permission of their parent(s) or legal guardian(s) to access the Site.
1. Indemnity by You
You agree to defend, protect, indemnify and hold GiveJobs, its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
- your use of the Site or related services;
- a breach of these Terms;
- any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from your use of the Site, and/or your making available thereof to other users of the Site;
- any activity related to your use of the Site, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of GiveJobs.
2. Prohibited Uses of the Site
The Site and services related to the Site are intended for your own or your business’ own use. By using the Site, you agree not to:
- Reproduce, copy, modify in any material manner, or remove GiveJobs’ proprietary marks, logos or notices;
- Lease, resell or redistribute any of our services;
- Use the Site in connection with any commercial endeavors;
- Provide access to or give the Site or any part or portion of the Site to a third party;
- Reverse engineer the Site;
- Make the Site available on any file-sharing platform;
- Harm, as determined in our sole discretion, GiveJobs, the Site, other users or third parties or their use and/or experience with the Site with, including but not limited to the uploading of malicious software, viruses, spyware, malware, cookies, bugs, keyloggers, or any other materials expressly prohibited;
- Use the Site in connection with any legal matters that are frivolous, immaterial, illegal, lack merit, involve the laws of foreign legal jurisdictions, or have been pursued for an excessive or unreasonable amount of time as determined by us;
- Use the Site in connection with perpetrating, aiding or abetting a crime or fraudulent activity;
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- Make any unauthorized use of the Site, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, or creating user accounts by automated means or under false pretenses;
- Use a buying agent or purchasing agent to make purchases on the Site;
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or the content contained therein;
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- Make improper use of our support services or submit false reports of abuse or misconduct;
- Use any information obtained from the Site in order to harass, abuse, or harm another person, or make any statement or take any action that is in violation of any user’s civil or other rights;
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
- Engage in any automated use of the Site, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
- Attempt to impersonate another user or person or use the username of another user;
- Sell or otherwise transfer your profile;
- Use the Site or any related services in a manner that violates any applicable law, regulation or this agreement;
- Permit any third party to use the Site in a manner that violates any applicable law, regulation or this Agreement.
3. GiveJobs Customer Satisfaction Policy
GiveJobs strives towards customer satisfaction with the Site and related services we provide. If you purchase any service through us and are not satisfied, please contact GiveJobs’ Customer Service (see below for contact details) and we will work with you to improve and enhance your experience with us.
4. Intellectual Property Rights
Except as expressly set forth in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication or otherwise, under any of our copyrights or other intellectual property rights. You agree that this Site and our content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
This Site may include various product names, business names, logos, slogans and other marks in which we have a registered trademark interest or other protectable interest (collectively “GiveJobs’ Property”). It may also include product names, business names, logos, slogans and other marks in which others have a protectable interest (collectively “Other Materials”). You may not copy, download, display, distribute, modify or sublicense any of GiveJobs’ Property or Other Materials on the Site without the prior express written permission of the appropriate owners.
5. Limitation of Liability
In no event will we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Site, or use thereof. Nothing contained in the Site or in any written or oral communications from GiveJobs or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Site are offered “as is” and without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We make no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Site content or the related services therein or that the functionality of the Site will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Site is at your sole risk.
UNDER NO CIRCUMSTANCES SHALL GIVEJOBS, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF GIVEJOBS HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL GIVEJOBS HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, THE SITE OR RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF GIVEJOBS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of GiveJobs and sole remedy available to any user in any case in any way arising out of or relating to the Terms, the Site or related services shall be limited to monetary damages that in the aggregate may not exceed the greater of $250.00 or the sum of any amount paid to the freelancer by the last business connection through GiveJobs prior to the date of any claimed dispute or issue, whichever amount is lesser.
6. User Submitted Content
The Site may allow freelancers and businesses to post information including but not limited to general work history; specific GiveJobs work history; experience, skills, and related traditional resume information; company information; job descriptions; contact information and reviews (“User Content”). Neither GiveJobs nor any of its affiliates endorses the entities or individuals posting such User Content nor are we in any way associated with any of the User Content that they may post on or through the Site. Neither GiveJobs, its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, and other partners shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these entities or individuals or in connection with any conduct of these entities or individuals.
Each freelancer or business who posts any User Content acknowledges and agrees that we have the right, in our sole discretion, to take down or remove or alter any and all User Content we deem inappropriate, illegal or otherwise offensive. Any freelancer or business who posts any User Content hereby represents that such User Content does not violate any third-party intellectual property rights and further grants us a license to show and make this content accessible on the Site or any successor or affiliate app or website. By posting any User Content to the Site, you hereby agree to indemnify us from any damages and claims related to the User Content, including but not limited to any infringement, misappropriation, libel or other claims.
7. Site Management
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such individual to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and further the business purpose of GiveJobs.
8. Modification and Interruptions
We reserve the right to change, modify, or remove the content on the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
9. Account Security
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (1) immediately notify GiveJobs of any unauthorized use of your username or password or any other breach of security, and (2) ensure that you exit from your account at the end of each session. GiveJobs will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information. If you share your device with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your GiveJobs account.
10. Electronic Communications, Transactions, and Signatures
Opening and using the Site, sending us e-mails or messages, and filling in requested information constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communications be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
11. Availability Outside the U.S.
12. Term and Termination
These Terms shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking access), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or any applicable law of regulation. We may terminate your use of or participation in the Site or delete your account and any User Content or other information that you posted at any time, without warning, at our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
13. Severability Waiver
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future.
14. Governing Law
These Terms and the legal obligations of the parties hereunder are subject to the laws of the State of North Carolina, regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in North Carolina, United States of America, in all disputes arising out of or relating to the Site and this Agreement.
15. Attorney Fees
In the event that GiveJobs is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for GiveJobs’ attorneys’ fees and costs.
These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
For questions or concerns, we can be contacted at email@example.com.
Last updated July 2020
1. Application of this Privacy Statement
2. Information We Collect
Both freelancers and businesses make up the community we serve. We may collect some limited information from either through the following channels:
- We ask our users for information such as phone number, physical address or location, e-mail address, name and passwords in order to create an account.
- We collect bank account information for the purposes of processing payments.
- We collect certain personal and business information to verify identities.
- We maintain a helpdesk function for addressing any questions, comments or concerns about the Site. We may access users’ e-mail address and any other information they elect to provide as part of responding to such inquiries. This information is only utilized for customer support, is stored only for recordkeeping and analytics purposes, and is not otherwise shared.
- We may from time to time collect automatically-collected information when you access our services (“Usage Data”), such as browser information, link interaction with our products, Internet Protocol (“IP”) address, and any other usage information collected from cookies and other tracking tools.
- We may also, when you enable location-based services, collect Global Positioning System (GPS) location data and/or motion data.
3. Information Disclosure
We limit any sharing of information we have collected about you to certain narrow purposes. Your information may be shared for the following reasons only:
TO COMPLY WITH LAWS OR TO PROTECT RIGHTS OF USERS
If we believe the release of information about you is necessary to respond to a legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, or safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
TO ASSIST THIRD-PARTY SERVICE PROVIDERS
We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, e-mail delivery, hosting services, customer service, and marketing assistance.
TO PERFORM ANALYSIS AND MARKETING STRATEGIES WITH OTHER THIRD PARTIES
We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing and analytics purposes, as permitted by law.
TO TRANSFER ASSETS IN THE EVENT OF SALE OR BANKRUPTCY
TO UTILIZE API INTEGRATION WITH SOCIAL MEDIA PROVIDERS
4. Our Stance on Contact with You
We may from time to time contact you about your activities on your account, such as data and analytics about your work, success ratings, reviews, and similar, or in response to questions, concerns or disputes you have brought to our attention for resolution. These types of communications related to your account are essential and we cannot provide an option of waiving out of these types of communications.
Additionally, we may from time to time contact you to provide you updates or reminders about the Site or to inform you of other great services we have in the works through a variety of means. We may also contact users in other ways such as e-mail with promotional materials and newsletters. If you do not wish to receive these types of communications, you will be provided an “opt-out” option or you may e-mail us and request to be removed at firstname.lastname@example.org.
5. How We Keep Your Personal Information Safe
We use administrative, technical, and physical security measures to help protect your information. While we have taken reasonable steps to secure the information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide us your information.
6. Policy Regarding Children
We do not knowingly solicit information from or market to children under the age of 18 unless the children have been granted permission by their parents to use our Site. If you become aware of any data that we have collected from children under age 18, please contact us using the contact information provided below.
For questions or concerns relating to privacy, we can be contacted at email@example.com, by phone (800) 482-2124, or by mail to GiveJobs, 4801 Glenwood Avenue, Suite 200 PMB 235, Raleigh, North Carolina 27612.