Our terms at Firmxxperts.com
This Agreement was last modified on 19th September 2023.
This User Agreement outlines the terms and conditions that you acknowledge upon utilizing our Website or our Services. We have integrated relevant linked information by reference.
Within this User Agreement: “Account” refers to the account associated with your email address.
“Buyer” pertains to a User who acquires Seller Services or products from Sellers or identifies a Seller through the Website. A User has the potential to function as both a Buyer and a Seller under this arrangement.
“Dispute Resolution Process” signifies the sequence of steps to be followed by Buyers and Sellers, as outlined by the Dispute Resolution Services.
“Firmxxperts,” “we,” “our,” “organization,” “the organization,” or “us” refers to Firmxxperts Ovosna Limited (UK).
“Verified by Firmxxperts” indicates that Users have undergone satisfactory verification in accordance with the Know your Customer and Identity Verification Policy.
“Inactive Account” pertains to a User Account that has remained dormant for a duration of 6 months or any other duration established by us periodically.
“Intellectual Property Rights” encompasses all existing global intellectual property rights and the subjects of these rights, including: (a) patents, copyrights, rights in circuit layouts (or comparable rights), registered designs, registered and unregistered trademarks, and any entitlement to maintain confidential information as confidential; and (b) any application or entitlement to apply for the registration of any of the rights detailed in paragraph (a), regardless of whether such rights are registered or eligible for registration and irrespective of their existence under any statutes, customary law, or equity principles.
“Project” or “Listing” denotes a task proposed or granted by a Buyer through the Website, encompassing potential Projects presented by a Buyer, a Project granted by a Buyer (such as via HireMe), a service procured by a Buyer from a Seller, and a service granted by a Buyer to a Seller as a consequence of a Contest or rivalry facilitated through the Website.
“Provider” refers to a User who extends and furnishes services or identifies themselves as a Provider through the Website. A User has the capacity to function both as a Buyer and a Provider within the confines of this agreement.
“Provider Services” encompasses all services delivered by a Provider.
“Firmxxperts Services” incorporates all services furnished by us to you.
“Individual”, “you,” or “your” pertains to a person who explores or employs the Website, including via the API.
“Individual Agreement” signifies: (1) this User Agreement; (2) the Code of Conduct, as amended periodically; (3) any additional contractual clauses accepted by both the Provider and Buyer uploaded onto the Website, insofar as they do not conflict with the User Agreement and the Code of Conduct; (4) the Project stipulations as granted and acknowledged on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (5) any other materials integrated by referral on an intermittent basis.
“Platform” designates the Websites administered by Firmxxperts and attainable at: Firmxxperts.com as well as its regional, alternative domains, or assets, along with any correlated Firmxxperts service, utility, or application, explicitly encompassing mobile web access, any iOS App, any Android App, or API, or any alternative mode of access.
- Introduction Upon accessing the Website, you hereby acknowledge and agree to the subsequent terms with Firmxxperts.
We reserve the right to revise this User Agreement and associated information periodically by publishing modified terms on the Website, without prior notification to you.
The Website serves as an online platform where Users engage in the purchase and sale of Provider Services and items. To partake in buying or selling Provider Services and/or items, Buyers and Providers must create an Account. The Website facilitates Users in collaborating online to fulfill and remunerate Projects, engage in the exchange of items, and utilize our provided services. It’s important to note that we are not party to any contractual pacts between Buyers and Providers within the digital space; our role primarily involves facilitating connections between the involved parties.
We retain the prerogative to modify or supplement the Website, or the information, products, or services detailed therein, without any obligation to notify you. Nevertheless, we do not undertake the responsibility of constantly updating the Website. Should any errors arise in the information on the Website or if such information becomes outdated, we bear no liability towards you or any other parties.
- Extent Prior to utilizing the Website, it is imperative that you thoroughly peruse the entire User Agreement, in conjunction with the Website policies and all associated information.
- Eligibility You shall refrain from using the Website if you:
- Are incapable of forming legally binding contracts.
- Are below the age of 16.
- Are prohibited by the laws of Australia or other applicable jurisdictions from receiving or providing services.
- Are under suspension from Website usage.
- Do not possess a valid email address.
Each free user account is uniquely associated with individuals. User credentials should not be shared with others. The individual linked to the account assumes full responsibility for all actions executed through the account, without any limitations.
In accordance with local laws, a person aged between 15 and 18 may employ an adult’s account with the explicit consent of the account holder. However, the account holder bears full accountability for all actions carried out through the account, without any limitations.
Users may opt to utilize a business or company name in conjunction with their Account. Users acknowledge and agree that in cases where a business or company name is connected to their Account, this User Agreement pertains to the User as an individual (and not the business or company). Users remain solely accountable for all activities conducted through their Account.
Entities such as corporations, companies, trusts, partnerships, or other non-individual corporate entities may also become Users, subject to possessing a valid corporate account that adheres to eligible corporate subscriptions.
We retain the right, at our absolute discretion, to decline the registration of any individual or entity as a User.
You are not authorized to transfer or delegate any of the rights or obligations established under this agreement unless prior written consent is obtained.
- Utilizing Firmxxperts During your utilization of the Website, you shall refrain from attempting or engaging in any of the following activities:
- Posting content or items in inappropriate categories or sections on our Platforms and services.
- Infringing upon any laws, third-party rights, or our established policies, including the Code of Conduct.
- Failing to remunerate for services rendered to you.
- Neglecting to provide Seller Services that have been purchased from you.
- Evading or manipulating our fee framework, the invoicing process, or any dues owed to Firmxxperts.
- Disseminating false, inaccurate, misleading, deceptive, defamatory, or offensive content (inclusive of personal details).
- Undertaking actions that may undermine the feedback or reputation systems (such as showcasing, importing, or exporting feedback details for purposes unrelated to the Website).
- Transferring your Firmxxperts account (including feedback) and Username to another entity without our explicit consent.
- Disseminating or posting spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.
- Disseminating viruses or any other technologies capable of causing harm to Firmxxperts, the Website, or the interests or assets of Firmxxperts users (including their Intellectual Property Rights, privacy, and publicity rights) or engaging in conduct that is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane, or that may lead to harassment, distress, inconvenience, or incitement of hatred towards any individual.
- Downloading and compiling listings from our Website for amalgamation with listings from other websites without our explicit written consent, “framing,” “mirroring,” or otherwise incorporating any part of the Website into another website without our prior written authorization.
- Attempting to modify, translate, adapt, edit, decompile, disassemble, or reverse-engineer any software programs employed by us in connection with the Website.
- Copying, altering, or distributing rights or content from the Website or Firmxxperts’ copyrights and trademarks.
- Harvesting or otherwise gathering information about Users, including email addresses, without their consent.
- Utilizing Firmxxperts to facilitate monetary exchanges, including but not limited to cryptocurrencies (e.g. bitcoin, ethereum, etc.).
- The pictures and contents you upload to our website are original, unique and you own full right to use attached imaged and contents.
- You will have no communication or contact with freelancers or hiring managers outside Firmxxperts.com.
- Infringement of Intellectual Property Rights Our approach is to respond to clear notifications of alleged infringement of intellectual property rights. Our Copyright Infringement Policy has been formulated to simplify the process of submitting notices of alleged infringement to us while minimizing the receipt of fraudulent or intricate notices. If you believe that your Intellectual Property Rights have been violated, please inform us through the link provided on our Website, and we will conduct an inquiry.
- Charges and Services Certain services, such as introduction fees for Projects, listing enhancements, and memberships, are subject to fees. When you engage a service that incurs a fee, you have the opportunity to review and accept the applicable fees based on our schedule of Fees and Charges, which may be revised periodically and will be updated by being posted on our Website. Temporary alterations to fees for our services might be made for promotional occasions (e.g., discounts on memberships) or new services. Such alterations become effective upon posting temporary promotional events or new services on the Platforms or as communicated through promotional correspondence.
Unless stated otherwise, all fees are denominated in United States Dollars.
- Taxation It is your responsibility to fulfil any tax obligations, which may encompass goods and services taxes or value-added taxes, as applicable based on the jurisdiction of the rendered services.
8.Subject to your residence or location, you might be liable for specific ad valorem or other taxes (such as GST in Australia) on designated fees imposed by us. Should these taxes be applicable, they will be appended to the fees invoiced to you.
You acknowledge the necessity of adhering to your responsibilities stipulated under income tax regulations in your respective jurisdiction.
Certain Providers who are either officially registered or mandated to register for GST might need to levy GST on certain projects conducted for Australian Consumers. In instances of such projects, you will receive notification and be requested to confirm the appropriate GST treatment upon the awarding or acceptance of such projects.
- Promotional Activities We reserve the right to showcase your business or company name, logo, visuals, or other media components as an integral part of Firmxxperts Services and/or other promotional materials associated with the Platform, unless you have explicitly requested otherwise and we have reached a mutual agreement on such a request in written form.
You acknowledge the likelihood of us utilizing the public description of your Projects and the content encompassed within your profile information on the Platform for marketing and related purposes.
- Content Usage While we do not assert ownership over your User Content, you grant us a non-exclusive, sublicensable, irrevocable, and royalty-free global license encompassing all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights. This license permits us to employ, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, comment on, modify, adapt, translate, generate derivative works based on, publicly perform, make available, and otherwise exploit such User Content, whether wholly or partially, in all current or future media formats and on third-party sites and platforms. This usage includes an unlimited number of copies and extends without temporal limits or restrictions on the frequency of utilization, without necessitating further notice to you, and without imposing any obligation for permission or remuneration to you or any other entity.
You concede and affirm the following: (1) we function solely as a medium for the online dissemination and publication of User content. We do not warrant the availability of User content on the Platform. We possess the right (though not the obligation) to take any actions deemed appropriate by us concerning your User content; (2) we hold no responsibility or liability for the deletion or inability to store any content, regardless of whether the content was indeed presented on the Platform; and (3) all content submitted to the Platform is subject to our approval. We retain the discretion to accept, reject, approve, or modify your User content.
You assert and guarantee that your content:
will not infringe upon or unlawfully appropriate any copyright, patent, trademark, trade secret, intellectual property right, or proprietary right, nor the right of publicity or privacy of any individual;
will not violate any law or regulation; will not constitute defamation or trade libel;
will not contain explicit or child pornography; will not comprise the design, development, creation, or production of missiles, nuclear, chemical, or biological weapons;
will not incorporate material associated with terrorist activities; will not involve incomplete, fraudulent, or inaccurate information about you or any other person; and will not encompass any viruses or other computer programs devised to impair, disrupt, secretly intercept, or confiscate any system, data, or personal information.
You acknowledge and agree that we may transfer your personal information to an affiliated entity, and this information could be transferred outside of Australia or the EEC-area.
Should you decide to withdraw your consent, you acknowledge and agree that we might be unable to grant you access to the Platform and Firmxxperts Services, potentially resulting in the closure of your Account.
The content available on the Platform may encompass general information concerning legal, financial, health, and other subjects. This information should not be interpreted as advice and must not serve as a substitute for professional guidance. It is essential not to rely on the information present on the Platform as an alternative to consulting with a qualified professional.
We provide unmonitored access to third-party content, including User feedback and articles containing original content and opinions (or links to such third-party content). We act exclusively as a gateway and bear no liability in connection with third-party content on the Platform, whether arising under copyright laws or other intellectual property regulations, defamation, libel, privacy, obscenity, or any other legal domain.
The Platform may contain hyperlinks leading to third-party websites. We exercise no control over these linked websites. We do not endorse the content, products, services, practices, policies, or performance of the websites linked from the Platform. The usage of third-party content, links to third-party content, and/or websites is undertaken at your own risk.
Regarding the removal or concealment of any information or content, utilizing the Platform to erase, hide, or otherwise dispose of information does not imply permanent deletion of the content or information. Such information might be retained for a duration to satisfy record-keeping, regulatory, compliance, statistical, law enforcement, and other obligations.
- Feedback, Reputation, and Reviews You acknowledge that the copyright of any feedback, reputation, or reviews you furnish, encompassing comments and any rating(s) (such as quality, communication, etc.), including any composite rating formed by us, is transferred to us. It is understood that this feedback, reputation, and reviews exclusively belong to us, notwithstanding our granting you permission to employ it on our Platform while you continue as a User. You must refrain from using or handling such feedback, reputation, and reviews in any manner contrary to our guidelines as periodically outlined on the Platform, without obtaining our prior written consent.
You are prohibited from engaging in any actions (or omissions) that may compromise the integrity of the Firmxxperts feedback system. We retain the prerogative to suspend or terminate your Account at any point if we, exercising our sole and absolute discretion, have concerns regarding any feedback about you or your feedback rating, where we perceive that our feedback system might be manipulated.
Our feedback ratings remain under our ownership and may only be employed for the purpose of facilitating the provision of Seller Services via the Platform. It is impermissible to utilize your Seller or Buyer feedback (including, but not limited to, marketing or disseminating any or all of your composite rating(s) or feedback comments) within any actual or virtual context other than a website operated by Firmxxperts or its affiliated entities, unless authorized in writing by us.
- Advertisements Unless expressly agreed upon with us, you are prohibited from advertising external websites, products, or services on the Platform. Any website address posted on the Platform, including within a listing, bid, listing description, clarification board, or message board, should pertain to a Project, Contest, listed item, user, or service conducted on the Platform.
Advertisements or promotional content may be displayed on the Platform. You acknowledge and accept that we hold no responsibility for any type of loss or damage incurred by you due to the presence of such advertisements or promotions, or any ensuing interactions with third parties. Furthermore, you acknowledge and agree that the content of these advertisements or promotions might be safeguarded by copyrights, trademarks, service marks, patents, or other intellectual property or proprietary rights and regulations. Unless explicitly authorized by Firmxxperts or the respective third-party rights holders, you agree not to modify, sell, distribute, appropriate, or create derivative works based on such advertisements or promotions.
- Communication With Other Users Interactions with other users on the Platform must be conducted through the text, audio, and/or video chat features, as well as message boards, public clarification boards, Project message boards, direct message sending, and other communication channels provided on the Platform.
Your email address or other contact details (including but not limited to Skype ID or other identifying strings on other platforms) must not be posted on the Platform, except within the “email” field of the signup form, upon our request, or as otherwise authorized by us on the Platform.
Unless a prior relationship with a User exists, communication with Users should exclusively occur via the Platform. Engaging in communication or attempts to communicate with other Users through alternative methods, including but not limited to email, telephone, Skype, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, GChat, or Yahoo, is strictly prohibited.
Users may face penalties if discovered engaging in communications or transactions outside of the Platform.
Regarding video and audio chats, any mutually agreed-upon terms between Users must be confirmed in writing using the chat or direct message function.
Firmxxperts may utilize your information, such as your name, location, display or username, and/or your image, in relation to providing messaging services on the Platform or within the mobile applications.
We reserve the right to peruse all correspondence shared on the Platform, as well as to download, access, and, if necessary, test all uploaded files, programs, and websites linked to your Platform usage. This action is undertaken to investigate fraud, ensure regulatory compliance, manage risk, and fulfill other related objectives.
Limitation of Liability
Under no circumstances shall we, our affiliated entities, affiliates, or personnel bear any responsibility, whether based on contract, warranty, tort (including negligence), or any other form of responsibility, for:
- any indirect, unique, incidental, or subsequent damages that you may encounter;
- any financial, commercial, or profit-related losses (whether directly or indirectly) that you may face;
- any assertion, harm, or loss stemming from your transactions involving the Website.
These limitations on our responsibility toward you, as detailed above, will hold true irrespective of whether we, our affiliated entities, affiliates, or personnel have been informed about the potential occurrence of such losses or damages.
Notwithstanding the aforementioned stipulations, the intentions of this User Agreement do not include curbing or excluding any liability on our part, along with our affiliates and related entities, where and to the extent that applicable law forbids such exclusion or limitation, including those outlined within the Competition and Consumer Act 2010 (Cth) and pertinent state fair trading legislation.
In situations where we can curtail the available remedies as per this User Agreement, we explicitly confine our liability for breach of an unavoidable condition or warranty implied by virtue of any legislation to the subsequent remedies (with the selection being at our absolute discretion): either re-providing the Firmxxperts services or compensating the expense associated with re-providing the Firmxxperts services.
Transfer of Ownership Clause
Upon full and timely payment for services rendered by the freelancer(s), the buyer hereby assumes all legal rights and ownership, including copyright, of the delivered services. The freelancer(s) relinquish all claims and retain no rights to the completed work, which becomes the exclusive property of the buyer. The buyer may use, modify, or distribute the services as they see fit, in accordance with applicable laws and regulations. This transfer of ownership is irrevocable and effective upon payment. Any prior agreements or conflicting terms are hereby null and void.