Contents
3. Accepting the Terms and Conditions
7. Site Functionality and Features
7.4. Posting a project as an Outsourcer
7.6. Selecting the winning proposal
11.2. Adult Services & Pornography
11.3. Inappropriate Behavior & Language
11.7. Intellectual Property Claims
11.9.4. Proprietary Restrictions
13. Privacy and Confidentiality
14.1. Site Content on hworkerz.com
14.3. Removal of Content for which Copyright Infringement is Claimed
15. Disclaimers, Limitations and Exclusions
The brand name HomeWorkerZ is the registered trademark of TechMediT, Inc. (677 N Washington Blvd #57, Sarasota, FL 34236, Tax no: 32-0579136).
The following Terms and Conditions apply to the use and access of the website hworkerz.com, the home of HomeWorkerZ, including any content, functionality and services offered on or through www.hworkerz.com (the “Site”).
We reserve the right to periodically update or revise these Terms and Conditions including all linked information at our sole discretion.
The Site enables Users to work together online to complete Projects. We created it to help outsourcers and freelancers to share projects. Our main mission is to keep everything simple, and to make using the Site advantageous for both parties.
3. Accepting the Terms and Conditions
Please carefully read and study the Terms and Conditions before you begin using the Site. When you create an account, use the Site, or agree to the Terms and Conditions whenever presented, you accept and agree to the Terms and Conditions and to our Privacy Policy. You may not use the Site if you do not agree to the Terms and Conditions or the Privacy Policy.
You attest by using the Site that you are of legal age (18 or in some cases 21, depending on the state) to engage in a binding contract, and that you meet all applicable eligibility requirements. You may not access or use the Site if you do not meet these requirements.
By accepting these Terms and Conditions as you access our Website, you agree that the Terms and Conditions will apply whenever you are using the Site, or when you are using any tools we make available for interacting with the Site. Some websites may have additional terms that we will provide to you when you use those services. We reserve the right to suspend or disable the account of any user who violates these Terms and Conditions without any reimbursement of the membership fee.
Account is the user account created by the Site upon registration.
Account owner is the user who created the account on the Site.
Ban is a form of suspension of a HWZ account. Banned accounts are not deleted and can still be accessed by their owners, but none of the services purchased by the owner of a banned account can be used.
Basic user is a user who has registered on the Site and created a profile but does not have a valid subscription.
Dispute means a disagreement between users of the Site.
Feedback and rating system is a proprietary method of TechMediT, Inc.
Freelancer is a Site user who offers and performs services for the Outsourcer.
HWZ is the abbreviation of the HomeWorkerZ platform, running on hworkerz.com.
Invitation to bid is the initial step of a project, where an Outsourcer invites Members of the Site to submit their applications to perform the requested services.
Project is a service assigned by an Outsourcer to a Freelancer as part of a project.
Member is a Site user who has a valid subscription to one of the subscription packages offered by the Site.
Outsourcer is a Site user who uses the services of a Freelancer.
Potential project is a possibility for Outsourcers who are looking for Freelancers for an upcoming or possible project.
Project is a series of tasks to be performed by Members of the Site, including invitation to bid posted by an Outsourcer, applications submitted by Freelancers, assigning a project to one or more Freelancers, and delivery of the project by the selected Freelancer.
Project partner, project party is both sides who work on the same project as Outsourcer and Freelancer.
Project status is a predefined stage of a project.
Registration is a process carried out by a viewer of the Site by providing a username, a valid e-mail address, and a password, or alternatively by providing Facebook or Google account details, and accepting the Privacy Policy and the Terms and Conditions of the Site.
Service means all the services and features the HWZ platform offers to its users.
Site refers to web pages located under the domain name hworkerz.com, operated by TechMediT, Inc.
Skill is a subcategory of service as specified on the Site.
Suspension is a limitation of the services available to Users via their accounts. Suspended Users may continue accessing their accounts and using the services purchased by them, but applying for bids and posting projects is not allowed for the duration of suspension, regardless of the type of membership. Suspension applies to future bids and projects only, and shall have no impact on a User’s ongoing projects regardless of the status of the project.
User is any person who registers on the Site and uses the services offered by the Site.
HWZ applies only a membership fee, and Users can choose from different membership categories. For more information, please refer to section 6 “Fees”.
All fees given on the HWZ Site are stated in United States Dollars.
HWZ is free to sign up, create a user profile, browse projects posted by other users, and receive e-mail notifications based on the categories and skills set in the user profile.
Membership packages include the following additional services:
Package “Freelancer”:
Package “Outsourcer”:
Package “Freelancer/Outsourcer”:
HWZ may run a launch campaign through which HWZ grants free and full access to new members for a limited period of time. However, such users are required to fill out payment information under their profile and add a valid credit card or PayPal data. HWZ will charge your credit card or PayPal account only after the free period is concluded. All users will receive a system notification before HWZ charges their credit card or PayPal account, and all users will have the opportunity to unsubscribe from the platform before the trial period is over. If the User does not unsubscribe before the conclusion of the promotion period specified in the launch campaign, the HWZ platform will automatically charge the user’s bank or PayPal account for the amount of the membership fee corresponding to the category selected by the User upon registration.
HWZ reserves the right to temporarily change membership fees for promotional events by offering discounts to its Users. The exact duration of the promotion and the extent of the discount will be communicated by HWZ on its Site and Users will receive system and e-mail notifications as well.
HWZ does not provide refunds of already paid membership fees, including in the case of an account being suspended or disabled temporarily or permanently. Users assume these conditions at their own risk. Accounts may be suspended or disabled only in serious cases set out in these Terms and Conditions. For more information on suspension and termination please refer to section 12 “Termination and Suspension”. Please follow the rules and keep this in mind!
7. Site Functionality and Features
Every user must sign up in order to use the Site and its services. Sign up using your e-mail address, or your Facebook or Google account. When signing up using e-mail, you must register with a correct e-mail address and click on the confirmation link sent to that address to validate your account. By using your Facebook or Google account to sign up, you grant access to the data you store under these accounts.
After your sign up is confirmed, you may begin using the Site.
Based on the terms of a promotion campaign, users may be able to use the Site and its service for a limited period of time free of charge. However, such users are required to fill out payment information under their profile and add a valid credit card or PayPal data. HWZ will charge your credit card or PayPal account only after the free period is concluded. All users will receive a system notification before HWZ charges their credit card or PayPal account, and all users will have the opportunity to unsubscribe from the platform before the trial period is over. If the user does not unsubscribe before the conclusion of the promotion period, the HWZ platform will automatically charge the user’s bank or PayPal account for the amount of the membership fee the user selected. Users may cancel their membership and payment obligation at any time. Please note that HWZ does NOT PROVIDE REFUNDS for any membership fees paid. This also applies when an account is suspended or permanently disabled for any reason. Taking all this information into consideration, please select your membership package carefully. Upon signing up and providing payment data, you will get full, unlimited access to all HWZ services.
7.4. Posting a project as an Outsourcer
Only users with the necessary membership may post a project. The Project End Date must be within the time frame of your HWZ membership. On your Outsourcer Dashboard, you will find a “Post a Project” button. By clicking on it, you will be redirected to the “Projects” view where you can post a new project and also see an overview of your already closed and ongoing projects. A data sheet will appear which you must fill out in order to post a new project. Your personal and/or company details as an Outsourcer will be automatically filled in by the system. Additionally, you can add the name of a contact person (for instance a project manager responsible for the project). Below these data you need to describe the project, give your project offer a title, and select the main category and subcategories for the offer. Then, set the Project Start Date and Project End Date. You must also set the “quoting deadline” (which specifies the deadline by which quotes must be submitted). Select your country, which can be used to filter Freelancers based on their location. You may optionally mark whether the project posted is a potential project. This category is for Outsourcers who are looking for Freelancers for an upcoming or possible project. You may define the hardware and software to be used, the format of the files to be delivered, and the level of confidentiality (i.e. if an NDA is needed before taking the project). You can also set a budget range (only in USD). Payment terms and deadlines must be set in calendar days, and the payment deadline will be calculated from the day the project is successfully closed and set in the system. Be aware that THIS IS VERY IMPORTANT DATA as the system will calculate all warning deadlines based on the date set. Desired method of payment must also be set. There is a box where you can provide information on invoicing/billing if needed.
You may also limit the number of applications you would like to receive for a project.
Users whose profile matches a given project post will receive a message both from the system and via e-mail. Only those users who have the necessary membership can apply for the given project. Users without a membership will also receive project-related information, but will have only limited access to the data. However, the system will offer them a membership in order to be able to see full details of the project posted. Apply for the project by clicking on the APPLY button. The system will automatically fill in your personal data from your profile on the project application form. The applicant may write a direct message to the Outsourcer through the platform to convince them why they should receive the project. The Freelancer must set a price quote, and set the delivery date or accept the deadline set by the Outsourcer. After the project application is completed, a summary window will appear where the Freelancer will have the opportunity to look over the application before sending it. In this window, the Freelancer still has the chance to make changes. By clicking on the “Submit Proposal” button, the application is sent to the Outsourcer. Each Freelancer can apply for a given project only once, and no changes may be made to an application after submitting it.
7.6. Selecting the winning proposal
Outsourcers can select any Freelancer at any time. If the Outsourcer has limited the number of applications when posting the project, s/he will receive no more than the maximum amount of applications set. Outsourcers can review the list of Freelancers that have applied for the project under the Projects menu, and can see all projects they’ve posted so far listed there. In this list, the Outsourcer will see the project title, project status, number of applicants so far, and, if already chosen, the preferred Freelancer.
By clicking on the “View Applications” button, the Outsourcer can check all the applicants that have applied for the given project. The list will be sorted chronologically based on the time the application was received. This means that Freelancers that applied first will appear on the top of the list. However, the Outsourcer may sort the list however s/he desires. The list of Freelancers may be sorted based on the project budget, the price set by the Freelancer, the rating they have, and the deadline offered (Project End Date).
By clicking on a given Freelancer, the Outsourcer can check his/her profile in detail. When the Outsourcer selects a Freelancer for the project, s/he must click on the “Assign Project” button. After a Freelancer is selected, the system automatically informs the Freelancer by sending an e-mail and an internal system message. However, the project will only start upon confirmation by the Freelancer. The Freelancer has 24 hours to confirm the assignment. If the Freelancer clicks the “Confirm” button, the project is assigned and the Freelancer may begin working on the project, while the Outsourcer receives an e-mail and system notification that the assigned Freelancer has confirmed the project. However, if the Freelancer clicks the “Decline” button, or doesn’t respond to the offer within 24 hours, the Outsourcer will have the right to cancel the bid and start a new one OR select another applicant from the list of applicants. After selecting a new Freelancer, the process will be the same.
Upon delivery by the Freelancer, the Outsourcer will review the project, and if everything is to their satisfaction, s/he will set the project status to “Project accepted”. This status is very important, as the system will use the date of the project close to calculate payment terms, etc. The Outsourcer has one week to review the project and set the necessary status. If for any reason, like quality issues, the delivered project cannot be approved/accepted by the Outsourcer during the review period, s/he must contact the Freelancer and ask to update/modify/correct the project according to his/her requests. If the Outsourcer does not click on the Project accepted button within one week, the system will automatically update the project status to “Project accepted”. This serves to protect the Freelancer by prohibiting the Outsourcer from abusing the Freelancer’s time by not setting the necessary status. It also means that if any errors in the project cannot be fixed within one week, the Outsourcer must contact the HWZ support team and request that the project not be closed automatically after one week as the project is still under correction and evaluation.
The system sends a warning message to the Freelancer just before the delivery deadline. If the Freelancer is unable to deliver by the agreed deadline and does not set the project status to “Project Submitted”, the system will send another warning message, after which the Freelancer has 24 hours to deliver the project OR to agree on a new deadline with the Outsourcer. If this does not occur, the system will automatically update the project status to “Project Closed Unsuccessfully”. The Outsourcer has the right to refuse a Freelancer’s deadline extension request. In this case, the Freelancer is required to deliver the project within 24 hours, after which the system will close the project automatically and set the status to “Project Closed Unsuccessfully”. With this status set, the project will not be considered closed successfully, and the Freelancer will no longer be able to issue an invoice or request payment for the given project. If the Freelancer fails to deliver by a set deadline even after the system message sent by HWZ as a warning, within 24 hours, without requesting for a deadline extension, non-delivery will appear in his/her profile and this will also affect the rating of the user. If the Freelancer misses the deadline but delivers within 24 hours of the set deadline, HWZ will add a note to his/her profile indicating late delivery. The system will send automatic reminders and warnings to help Freelancers not to miss deadlines.
Negotiating a new deadline: If necessary (i.e. the Outsourcer has not responded on time to a very important question by the Freelancer, or the Outsourcer has new requests, instructions, etc.), any party may request setting a new deadline for the project. However, the new deadline will only be set after the other party has confirmed the deadline extension request. Deadlines may only be extended, not set back. Deadlines modified outside of the HWZ platform shall be updated to the platform in order for HWZ being able to comply with the actual and factual agreement of the parties.
These rules may be strict, but HWZ’s aim is to protect all parties as much as possible to ensure successful cooperation.
After the project status is set to “Project accepted” either manually or automatically by the system, the Outsourcer is required to pay for the project according to the payment terms set when posting the project. The system will send automatic reminders and warnings before reaching the payment deadline. Freelancers will be asked to provide feedback on the payment on the 5th day following the payment deadline.
The Outsourcer is obliged to pay for the delivered project, HWZ does not handle any funds related to projects and shall therefore not be held liable for any concerns related to payment, non-payment, or delayed payments. If the project parties experience any issues related to payment, they can contact the HWZ Customer Support team. However, we cannot guarantee that HWZ Support can solve your problem. Late payments or non-payments will appear on your profile and affect your rating! Payment factors modified outside of the HWZ platform shall be updated to the platform in order for HWZ being able to comply with the actual and factual agreement of the parties.
Nevertheless, in order to maintain a safe platform and to protect both Freelancers and Outsourcers, HWZ reserves the right to suspend or permanently disable accounts over non-payment.
When a project is completed and the Freelancer has been paid by the Outsourcer, both parties are asked to provide qualitative feedback and a rating for the other party. The feedback requests will be automatically sent by HWZ no later than the 5th day following the payment deadline set in the project. Upon receiving the feedback request, Users have a maximum of one week to fill in and submit the feedback form.
Providing feedback is MANDATORY for both parties. This feedback influences each User’s ranking on HWZ, which we use to provide a clear overview of the Users for both sides. This is in everyone’s common interest. Once the system has received feedback from both parties, Users are notified and the system grants access to the reviews. A review (feedback) is published on the User’s profile page once both parties (Outsourcer and Freelancer) have submitted their feedback. Be aware that Users not providing feedback WILL BE SUSPENDED by the system and will not be able to post or apply for projects until they submit the feedback form. In case of any concerns over suspension, please contact our Customer Support.
HWZ requests feedback from the Outsourcer on keeping of the delivery deadline, quality and communication, and on whether s/he is willing to work again with the Freelancer.
HWZ requests feedback from the Freelancer on keeping of the payment deadline, communication, and on whether s/he is willing to work again with the Freelancer.
HWZ has a dedicated Customer Support team. Please feel free to contact Customer Support at any time if you are experiencing difficulties in using the Site, or if there are any problems to be solved during a project. You can contact Customer Support by sending an e-mail to support@hworkerz.com
Please note that it may take some time for our Customer Support team to process your request.
After sending an e-mail to Customer Support, you will receive an automatic e-mail which will contain a unique case ID. Please use this ID to track your case.
Our Customer Support colleagues will contact you via e-mail as soon as possible.
In order to help us process your case as quickly as possible, please note the following:
We will try to process and answer your request as soon as possible, but we aim to keep a maximum deadline of 14 days. We cannot always guarantee success in the case of disputes: we provide a platform for you to share and take on projects, but we do not represent an official legal body. If a given party provides enough evidence to prove the veracity of their claim, we will confirm his/her request.
We encourage all users of the Site and parties to projects to try and settle conflicts amongst themselves!
HWZ encourages the users of the Site to try and settle conflicts amongst themselves. If for any reason this is not possible, or if you encounter non-permitted usage on the Site, you can contact our Customer Support for assistance here. (support@hworkerz.com) – See section 9 “Customer Support” – however we cannot guarantee, that HWZ support can solve your problem.
IMPORTANT!
AS HWZ CANNOT BE INVOLVED IN USER-TO-USER DEALINGS, TRANSACTIONS, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE HWZ (AND ALL OUR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND 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.
If you experience any content on the Site that may violate our Terms and Conditions, please report it to us using the channels we’ve established to handle such issues as outlined in these Terms and Conditions. In order to protect privacy, the results of investigations into violations are not made public. Please review our Privacy Policy for more information.
Any Users who violate our Terms and Conditions or engage in other misconduct that is reported to Customer Support may receive a warning sent to their account. The warning will be sent to the User’s e-mail address and will also appear for the User on the Site. Warnings do not affect account activity, but can result in your account losing its status or being permanently banned, depending on the severity of the violation.
Non-Permitted Usage
11.2. Adult Services & Pornography
HWZ does not allow the exchange of any adult-oriented or pornographic materials or services.
11.3. Inappropriate Behavior & Language
User communication on HWZ should be friendly, courteous and professional. We do not tolerate bullying, harassment or hate speech. Users are offered a medium for exchanging messages between one another, a system for providing feedback on projects, and the ability to engage in broader platforms like our social media pages.
The security of HWZ users is a priority. All attempts to send malicious content with the intent of compromising another User’s account or computer are strictly forbidden. Please do not contact Users with any offers, suggestions, questions, or any other appeals which are not directly related to projects or orders.
Users are forbidden from publishing or posting the private or confidential information of other Users. All exchange of personal information necessary for completing a project shall be provided in the order page. Freelancers must agree not to use any non-public information they receive from the Outsourcer for any purpose other than for delivering a project to the Outsourcer. All Users who communicate through channels outside of HWZ will not be protected by our Terms and Conditions.
It is prohibited on HWZ to: create a false identity; misrepresent your true identity; create a profile for someone other than yourself, or to use or attempt to use another User’s account or personal information. A User’s profile information, including skills, location, etc., must be accurate and complete, and may not be misleading, unlawful, offensive or harmful. HWZ reserves the right to require verification of a User’s identity before using the Site, by using personal ID, phone, camera, etc.
11.7. Intellectual Property Claims
Clear and complete notices of alleged copyright or trademark infringement, and/or violations of the Terms and Conditions will be addressed by HWZ.
Users may not use HWZ for any unlawful purposes or to conduct illegal activities.
Users are limited to one active account in order to prevent fraud and abuse. Any additional accounts that are found to be created in order to abuse HWZ rules, gain competitive advantages, or mislead other Users shall be disabled. Creating multiple accounts will result in the disabling of all relevant accounts. Any violations of these Terms and Conditions shall be cause for permanent suspension of all accounts.
HWZ does not tolerate targeted abuse or harassment of other Users, including the creation of false or new accounts to harass Users through the platform in any form.
Users may not buy or sell HWZ accounts.
11.9.4. Proprietary Restrictions
The Site, including its layout, content and design, is owned solely and exclusively by HWZ and protected by all copyright and trademarks. With respect to any part, component or extension of the Site, including mobile applications, Users agree not to duplicate, copy, transfer, modify, adapt, distribute or reproduce it in any way, including creation of derivative works. Users also agree not to reverse engineer, decompile or reverse assemble the site, or to attempt to derive its source code, algorithms, organization or structure. Users may not remove any copyright notices or identifications, nor may they remove any other proprietary notices. Using the Site in a manner which could damage or disable it, or otherwise to impair or overburden it, is prohibited. Users agree not to engage with the Site in a way which interferes with other Users’ enjoyment of it, and agree not to give authorization to anyone else to engage in any of the aforementioned prohibited activity.
In order to maintain a platform which is safe for all users, HWZ reserves the right to suspend or permanently disable accounts over breaches of these Terms and Conditions, or over any illegal or inappropriate use of the Site and its services, or over non-payment or non-delivery. We do this in order to protect the Users of the Site.
In particular, the following actions will result in automatic suspension of the User’s account:
Failure to provide feedback:
Please note that providing feedback is mandatory. If a User fails to provide feedback within the requested time frame, his/her account will be suspended until the account owner provides a feedback on his/her project partner via the HWZ Feedback and rating system, which also means that the User won’t be able to post a new project, or apply for a new project. Once the feedback has been provided and registered by HWZ, the suspension will be automatically lifted and the User will again be able to use the services included in his/her membership package without limitation. Please note that in order to maintain a safe and transparent virtual marketplace for everyone, providing feedback is essential. In case a Freelancer fails to deliver on-time, or at all, or the Outsourcer pays late or doesn’t pay at all, they will receive a bad mark in the mandatory feedback, which will appear in their rating on their profile. We encourage every User to work fair and keep the Site safe and transparent. Both Outsourcers with non-payment, or too many late payment ratings, or Freelancers with non-delivery or too many late delivery ratings will be ignored by others after a while.
Late delivery reported by the project partner:
If a User fails to deliver the project by the deadline agreed between the project partners, s/he receives a warning through the Site and the User has another 24 hours to deliver. Once the project has been delivered within 24 hours from the original deadline and the delivery is confirmed by the Outsourcer, rating for keeping the deadline on the feedback form will be automatically filled and the User will see a late-delivery remark in his/her rating. Every late delivery will appear in your profile and affect your rating.
Late payment reported by the project partner:
If a User fails to arrange payment for a project delivered by the Freelancer and confirmed by the Outsourcer, s/he receives a warning through the Site and the Outsourcer has 24 hours to arrange payment. If the Freelancer confirms receipt of payment via the HWZ platform OR the Outsourcer provides a proof of payment within 24 hours, rating for keeping the payment terms on the feedback form will be automatically filled and the User will see a late-payment remark in his/her rating. Every late payment will appear in your profile and affect your rating. Non-delivery reported by the project partner:
If a User misses the deadline and fails to deliver within 24 hours from the original deadline agreed between the project partners, after receiving a warning through the Site, the rating for keeping the deadline on the feedback form will be automatically filled and the User will see a non-delivery remark in his/her rating. Every non-delivery will appear in your profile and affect your rating. In case the Freelancer fails to deliver due to reasons beyond their control such as illness, accidents, etc., the Freelancer will have the opportunity to contact HWZ support and ask for a remedy. Please note that you have the possibility of requesting a new deadline from the project partner anytime, even after the originally set deadline, within 24 hours, HOWEVER, the new deadline will be set only if the project partner approves your deadline modification request. In case you clearly see that you won’t be able to meet the originally set deadline, please bear in mind to inform the Outsourcer as early as possible and request for a new deadline in order to avoid sanctions and unsatisfied clients.
Non-payment reported by the project partner:
If a User fails to arrange payment for a project delivered by the Freelancer and confirmed by the Outsourcer, and the Outsourcer fails to provide a proof of payment within 24 hours, after receiving a warning through the Site, the rating for keeping the payment terms on the feedback form will be automatically filled and the User will see a non-payment remark in his/her rating. Every non-payment will appear in your profile and affect your rating. In case the Outsourcer fails to arrange payment due to reasons beyond their control such as illness, accidents, etc., the Outsourcer will have the opportunity to contact HWZ support and ask for a remedy.
In case of any concerns due to reported non-payment or non-delivery, please contact our Customer Support team.
PLEASE NOTE THAT HWZ SUPPORT STAFF MAY AT ITS OWN DISCRETION DELETE, IGNORE FEEDBACKS ON ONE, OR BOTH SIDES IN CASE OF DISPUTES. THIS MEANS THAT THE GIVEN FEEDBACK WON’T AFFECT THE RATING OF THAT GIVEN USER.
13. Privacy and Confidentiality
For more information on our Privacy Policy, please refer to [link].
14.1. Site Content on hworkerz.com
These Terms and Conditions govern all use of the Site and the services it provides. Users are responsible for reviewing HWZ policies. All content on the Site, including graphic design, descriptions, functions and other content, is the intellectual property of TechMediT, Inc. Use of any of this content for any commercial purposes not outlined in the Terms and Conditions is strictly prohibited and will carry legal consequences.
14.3. Removal of Content for which Copyright Infringement is Claimed
15. Disclaimers, Limitations and Exclusions
Your use of the Site, its content and any services or items obtained through the Site is at your own risk. The Site, its content and any services or items obtained through the Site are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
This does not apply to or affect any warranties which cannot be limited or excluded under applicable law.
HWZ, its related entities, affiliates or staff shall in no event be liable, whether through contract, warranty, tort (including negligence), or any other form of liability, for:
Our liability to you as described above shall be limited whether or not we, our affiliates, our related entities or our staff have been advised on the potential for such losses or damages to occur.
However, these Terms and Conditions do not intend to limit or exclude our liability, or that of our affiliates and related entities, when applicable law does not provide for such exclusion or limitation, including those within the Competition and Consumer Act 2010 (Cth) and other relevant state fair trading legislation.
Some of the exclusions or limitations established above may not apply to you in the case that a given jurisdiction does not allow for those exclusions or limitations. In such an event, our liability will be limited to the greatest legal extent according to existing legislation. We reserve the right to plead these Terms and Conditions against any suit, claim, action or proceeding you bring against us for any matter concerning any transaction or otherwise.
You and HWZ agree that you and HWZ may only bring claims against the other on an individual basis. You and we agree that we may not bring a claim against the other as a plaintiff or a class member in any class action or representative proceeding. Only with your and our joint consent may an arbitrator consolidate more than one person or party’s claims, and such arbitrator may not preside over any consolidated, representative or class proceeding. The arbitrator may award monetary, injunctive, and declaratory relief only to the party seeking relief, and only to the extent necessitated by that party’s claim(s). Any awarded relief may not affect other Users.
You agree to indemnify and hold the HWZ platform, TechMedIT inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of user's use of the Service, the violation of these Terms and Conditions by you, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity.
This agreement shall be governed by the laws of the United States of America and the state of Florida. Any action related to this agreement must be brought in the federal or state courts located in the State of Florida, and you irrevocably consent to the jurisdiction of such courts. If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.
Depending on your residency or location, you may be subject to certain taxes on your services.
You acknowledge that you must comply with all obligations under income and other tax (VAT, etc.) provisions in your jurisdiction.
The parties to this Agreement will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, pandemic, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.
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