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Terms of Use

Please read these Terms of Use carefully, they contain important information about your rights and obligations in accessing and using WOWFreelancer.com (“our website”). These Terms of Use govern your use of our website and your subscription to the services available through our website (the “Service”, “Service Account”) provided by ATFT Jagi Family Trust, Suite 1, 1 Tully Road East Perth WA 6004, (“WOWFreelancer“, “WOWFreelancer.com“, “we” or “us”) to you.

Each time you use our website or any related products within WOWFreelancer.com, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. If you are entering into this agreement on Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such an entity to these Terms of Use, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms of Use, you may not use our website or Service. Please see our Privacy Statement, which is incorporated into these Terms of Use by reference.

1. OUR SERVICE

    1.1 Our website and Service provided to you through our website are provided on an AS IS basis. You agree that WOWFreelancer.com exclusively reserves the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. WOWFreelancer.com shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information. WOWFreelancer.com also reserves the right to control the amount of sales to the service at its sole discretion. WOWFreelancer.com reserves the right to refuse service to any individual or company at its sole discretion.

    1.2 Unless explicitly stated, any new features, including new content and Services, shall be subject to these Terms of Use.

    1.3 If any Service modification is unacceptable to you, your only recourse is to delete your account and/or cancel your plan subscription. Your continued use of the Service following our posting of a change to the conditions or the website will constitute a binding acceptance of that change.

2. YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS
In order to use the Service, you must register on our site, agree to provide truthful information when requested, be at least the age of eighteen (18) or older, and follow the prices and payment conditions described below in Clause 5. When registering, you explicitly agree to our Terms of Use and may be modified by us from time to time as made available here.

3. PRIVACY POLICY
Registration data and other personally identifiable information that we may collect are subject to the terms of our Privacy Statement.

4. SERVICE ACCOUNT AND PASSWORD

    4.1 The Service is supplied to you via a Service Account in consideration of you agreeing to follow the terms of use, rules, and requirements as outlined on this page and on the website itself.

    4.2 The Service Account is accessed by an individual password that you will set up upon registration and in accordance with these Terms of Use.

    4.3 You are responsible for maintaining the confidentiality of your password and shall be responsible for all uses via your password, whether authorised or unauthorised by you. You agree to immediately notify us of any unauthorised use of your Service Account or password.

    4.4 When using a public computer, you must sign out when you have finished using our website.

    4.5 You may only open one Service Account, and you agree that the operation of your Service Account is exclusive to you. Furthermore, you agree that only you will receive the Services via your Service Account
    Note: This includes Recruiting agencies. If your company uses our service to hire a freelancer for a different company (i.e., a client of your agency), that is considered a breach of our terms. You may only hire for your own company, not for that of a client, or any other third party.

    4.7 By allowing others to use your Service Account and/or password you will be in breach of these terms and conditions and WOWFreelancer.com will be entitled to terminate this Agreement in accordance with Clause 10.

    4.8 In the unlikely event that you have not received access to your account within 30 minutes from your registration, please contact us via info@wowfreelancer.com.

5. PRICES AND PAYMENT

    5.1 Plan prices are as shown on the website at the time and date of your purchase. We may change the price of the Service before you place an order for a plan subscription. We try to ensure that the prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure. We will inform you if a Service’s price is higher than stated in your order and you may cancel the order.

    5.2 Prices are shown in Australian dollars (AUD$) on the website.

    5.3 All the prices shown are inclusive of any taxes.

    5.4 Before you can hire freelancers, your account must be fully verified with an ID verification.

    5.5 When purchasing plan subscriptions through the website, you must pay by credit or debit card at the time of the order. We accept Visa, MasterCard, American Express, and Paypal.

    5.6 We do not accept payment by mail or fax.

    5.7 You confirm that all details provided by you to us for the purpose of using the service are correct. We reserve the right to obtain validation of your credit or debit card details before providing the Service to you.

    5.8 We may refuse any order placed by you.

    5.9 When you hire staff, it is your sole responsibility to “terminate employment” if you no longer want them to work for your business.

6. FREELANCERS GETTING PAID

    6.1 WOWFreelancer.com does not collect payments on behalf of any parties. Payments are discussed between the employers and the freelancers.

    6.2 In instances where an employer refuses to pay the freelancer, WOWFreelancer.com shall not be legally liable. Should the refusal of the employer to make payment be found to be with the intention of committing fraud, WOWFreelancer.com shall immediately ban the said employer from the platform.

7. REFUNDS

    7.1 WOWFreelancer.com has a full 30-day money-back guarantee policy. Only the most recent plan subscription payment will be refunded (i.e. The last payment made to WOWFreelancer.com will be the only payment refunded), and no payment older than 30 days will be refunded. One refund per customer.

8. LICENCE GRANT & RESTRICTIONS

    8.1 Upon satisfactory payment and verification as described in Clause 5, WOWFreelancer.com hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Terms of Use. All rights not expressly granted to you are reserved by WOWFreelancer.com.

    8.2 You may not access the Service if you intend only to hire staff on a commission-only basis. All staff hired on WOWFreelancer.com must be paid a salary of no less than $3.00 per hour. In addition, you may not access the Service if you are a direct competitor of WOWFreelancer.com, for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You are also prohibited from inviting users to sign up or use another competitor website.

    8.3 You shall not

      (i) licence, sublicence, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service in any way;

      (ii) modify or make derivative works based upon the Service;

      (iii) create Internet ‘links’ to the Service or ‘frame’ or ‘mirror’ the Service on any other server or wireless or Internet-based device; or

      (iv) reverse engineer or access the Service in order to

      • (a) build a competitive product or service,

        (b) build a product using similar ideas, features, functions or graphics of the Service, or

        (c) copy any ideas, features or graphics of the Service.

    8.4 You are only permitted to use the Service personally and agree to do so without the use of any automated means, including but not limited to the use of robotic tools except where permission is explicitly granted by WOWFreelancer.com.

    8.5 You shall not:

      (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;

      (ii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or

      (iii) attempt to gain unauthorised access to the Service or its related systems or networks.

    8.6 WOWFreelancer.com does not allow any individual or company in the adult/pornographic industry. We do not allow job posts or solicitations of freelancers to work in the adult industry, requiring work on nude images/videos, adult themed chat/text/writing, etc.

    8.7 WOWFreelancer.com does not allow jobs that require purchasing goods on behalf of the employer, or sending/receiving money transfers, including cryptocurrency (bitcoin, etc).

    8.8 WOWFreelancer.com does not allow unpaid trials or training periods. All work hours performed in the interview process or training period must be remunerated..

9. INTELLECTUAL PROPERTY OWNERSHIP

ATFT Jagi Family Trust alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, including unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world, in and to the WOWFreelancer.com technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) and Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Terms of Use is not a sale and does not convey to you any ownership rights in or related to the Service, WOWFreelancer.com technology, or the intellectual property rights owned by WOWFreelancer.com. The WOWFreelancer.com name, the WOWFreelancer.com logo, and the product names associated with the Service are trademarks of ATFT Jagi Family Trust or third parties, and no right or licence is granted to use them.

10. THIRD-PARTY CONTENT AND INTELLECTUAL PROPERTY OWNERSHIP
Goods and services of third-parties may be advertised and/or made available on or through this website. During the use of the website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of such third-parties. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. WOWFreelancer.com does not endorse any sites on the Internet that are linked through the Service. WOWFreelancer.com provides these links to you only as a matter of convenience, and in no event shall WOWFreelancer.com be responsible for any content, products, or other materials on or available from such sites.

11. TERMINATION

    11.1 You may delete your account or terminate any additional Service you have purchased from us for any reason (including if you simply change your mind). If you made your payment via PayPal, you can find the “subscription creation” line item in your history. Click on it, then click on the “unsubscribe” button.

    It is the responsibility of the end user to cancel their own recurring subscriptions. Cancellation requests via email are also possible, but due to limitations of email, if you do not receive a cancellation confirmation from us, then assume that your subscription is not cancelled.

    11.2 After cancelling, you will be granted access to the Service through the time period for which you have already paid.

    11.3 Any breach of your payment obligations or unauthorised use of the Service or WOWFreelancer.com will be deemed to be a material breach of this Terms of Use. WOWFreelancer.com, in its sole discretion, may terminate your password, Service Account, or use of the Service if you breach or otherwise fail to comply with this Terms of Use. In these circumstances, we will not provide a full refund of any unexpired term of the price paid.

    11.4 We reserve the right to terminate this Agreement or discontinue the Service or any portion of any feature of it for any reason and at our sole discretion.

    11.5 If you share access to WOWFreelancer.com through your own account with other parties, we reserve the right to seek civil damages and losses that result in that shared access. You, and only you, have the right to access WOWFreelancer.com through your own account.

    11.6 Upon termination you must delete all output of the Service in your possession or control (including from your website and your servers).

    11.7 Upon termination of this agreement, all rights and obligations of WOWFreelancer.com and you under the agreement will be extinguished.

12. INDEMNIFICATION
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or Service, your violation of these Terms of Use or any other violation of the rights of another person or party.

13. DISCLAIMER OF WARRANTIES

    13.1 You understand and agree that your use of this website and any services provided is made available and provided to you at your own risk. It is provided to you “AS IS” and we expressly disclaim all warranties of any kind, implied or expressed, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.

    13.2 We make no warranty, implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download, you understand and agree that neither us nor any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind.

14. INTERNET DELAYS
The Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. WOWFreelancer.com is not responsible for any delays, delivery failures, or other damage resulting from such problems.

15. LIMITATION OF LIABILITY
In no event shall our aggregate liability exceed the amounts actually paid by and/or due from you in the twelve (12) month period immediately preceding the event giving rise to such claim. You expressly understand and agree that we shall not be liable for any indirect, special, incidental, consequential, exemplary, or damages of any type or kind, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages); resulting from or arising out of

    • (I) the use of or the inability to use the service,

      (II) the cost to obtain substitute goods and/or services resulting from any transaction entered into or through the service,

      (III) unauthorised access to or alteration of your data transmissions,

      (IV) statements or conduct of any third party on the service, or

      (V) any other matter relating to the service.

16. ADDITIONAL RIGHTS
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential, or certain types of damages, so the exclusions set forth above may not apply to you.

17. LOCAL LAWS
We make no representation that the Service is appropriate or available for use in locations outside Australia. If you use the Service from outside Australia, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Accordingly, if making the Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Services are not offered for sale to you.

18. NOTICES

    18.1 Notices shall be given to us via email at info@wowfreelancer.com or to you at either the email or address you provided to us during the ordering or registration process.

    18.2 Notices will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday) or three days after the date of posting.

19. APPLICABLE LAW
You agree that this Terms of Use and any dispute arising out of your use of this website or our Services shall be governed by and construed in accordance with either the laws of Australia, or applicable laws in the Republic of the Philippines, without regard to its conflict of law provisions. By registering or using this website and service, you consent and submit to the exclusive jurisdiction and venue of the county or city of WOWFreelancer.com‘s office, headquarters, or place of business as deemed appropriate at the time.

20. MISCELLANEOUS INFORMATION

    20.1 In the event that these Terms of Use conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain valid and intact.

    20.2 The failure of either party to assert any right under these Terms of Use shall not be considered a waiver of any party’s right and that right will remain in full force and effect.

    20.3 You agree that without regard to any statute or contrary law that any claim or cause arising out of this website or the Services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred.

    20.4 We may assign our rights and obligations under these Terms of Use, and we shall be relieved of any further obligation.

    20.5 These Terms of Use comprise the entire agreement between you and WOWFreelancer.com and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein.