1.1 . These Terms of Service shall govern your use of our AceBy. 1.2 . By sign up to our AceBy, you accept these Terms of Service in full; accordingly, if you disagree with these Terms of Service or any part of these Terms of Service, you must not use our AceBy.
1.3 . If you register with our AceBy we will ask you to expressly agree to these Terms of Service.
1.4 . You must be at least 14 years of age to use our AceBy; by using our AceBy or agreeing to these Terms of Service, you warrant and represent to us that you are at least 15 years of age. In order to be a Freelancer, you have to be a minimum legal working age required by law in your country.
1.6 . You are solely responsible for your interactions with other users. We do not conduct a criminal background check on AceBy users.
1.7 . We are not responsible for the conduct of any user.
1.8 . Your use of the AceBy, including all content you post through the AceBy, must comply with all applicable laws and regulations.
1.9 . You agree that any content you place on the AceBy may be viewed by other users and may be viewed by any person visiting or participating in the AceBy.
1.10 . User can switch from being a freelancer to an employer but must complete the verification process before he or she can post a job as an employer or bid a job as a freelancer
1.11 . There are some important parts of these Terms of Service that we would like to draw your attention to:
AceBy provides an online venue where individuals or businesses who require some service (“Employers”) and individuals who are willing to perform such service (“Freelancers”) can connect with each other.
Employers and Freelancers enter into a direct contract with each other in relation to service being offered. AceBy and its affiliates are not a party to that contract so they are not responsible if an Employer or Freelancer does not offer sufficient service, or if a Freelancer offers inadequate or bad advice.
By accessing and using the AceBy and complying with these Terms of Service, you consent to receive text messages from us to your mobile phone.
2.1 . AceBy is a platform for enabling connections between Employers and Freelancers. Employers are individuals and/or businesses seeking to obtain services (“Services”) from Freelancers and are therefore Employers of Freelancers. Employers and Freelancers together are referred to in these Terms of Service as “Users”. Employers request Services on the AceBy which they would like given by a Freelancer who is willing to help on the required topic.
2.2. We do not take part in the interaction between Users in relation to the Services (other than to try to facilitate fulfillment of advice) and is not responsible for the performance of contracts by Users. AceBy (i) has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever relating to the Services and the way it is given, or of any ratings provided by Users in respect of each other, Services provided by Freelancers, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users, and (ii) gives no assurances about the suitability, reliability, timeliness, or accuracy of the Services requested and provided by Users identified through the AceBy whether in public, private, or offline interactions.
2.3 . AceBy does not provide medical advice. If you think you may have a medical emergency, call your doctor or emergency services immediately. AceBy is not responsible for the content of communications between you and its Freelancers. You assume full responsibility for the communications with any Freelancer through AceBy.
2.4 . AceBy assumes no responsibility or liability for and does not recommend or endorse any advice, treatment, products, services or other information rendered or communicated by any Freelancer.
3. Fee and Payments
3.1 . ForFreelancers: Service fee is 10% on every project and will be taken from the Freelancer before settlement.
3.2 . For Employers: Employers are charged a payment processing fee of 2.50%. The fee is assessed any time we charge your billing method and will show up as a separate item on your transaction history and payment receipt. The fee is calculated as a percentage on top of the payment you are making.
4.1 . You acknowledge and agree that neither the Zero Pro Inc nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of
(i) any incorrect or inaccurate content posted in the AceBy, whether caused by users or any of the equipment or programming associated with or utilized in the AceBy;
(ii) the timeliness, deletion or removal, incorrect delivery or failure to store any content or communications;
(iii) the conduct, whether online or offline, of any user;
(iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or
(v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the AceBy.
4.2 . TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE ACEBY INC PROVIDES THE ACEBY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.
5. Copyright notice
5.1 . Copyright (c) 2017 AceBy Inc.
5.2 . Subject to the express provisions of these Terms of Service:
(a)we, together with our licensors, own and control all the copyright and other intellectual property rights in our AceBy; and
(b)all the copyright and other intellectual property rights in our AceBy and the material on our AceBy are reserved.
6. Licence to use AceBy
6.1 . You may use the AceBy for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not:
(i) modify, disassemble, decompile or reverse engineer the AceBy, except to the extent that such restriction is expressly prohibited by law;
(ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the AceBy to any third-party or use the AceBy to provide time sharing or similar services for any third-party;
(iii) make any copies of the AceBy;
(iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the AceBy, features that prevent or restrict use or copying of any content accessible through the AceBy, or features that enforce limitations on use of the AceBy; or
(v) delete the copyright and other proprietary rights notices on the AceBy.
6.2 . We reserve the right to restrict access to areas of our AceBy, or indeed our whole AceBy, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our AceBy.
7. Acceptable Use
7.1 . You:
may not post nude, partially nude, or sexually suggestive photos.
are responsible for any activity that occurs under your registered name.
must not abuse, harass, threaten, impersonate or intimidate other users.
may not use the AceBy for any illegal or unauthorized purpose.
are solely responsible for your conduct and any data, text, information, screen
names, graphics, photos, profiles, audio and video clips, links that you submit,
post, and display on the AceBy.
must not modify, adapt or hack AceBy.
must not crawl, scrape, or otherwise cache any content from AceBy including
but not limited to user profiles and photos.
must not create or submit unwanted email, messages or comments to any users.
8. Registration and accounts
8.1 . To be eligible for an account on our AceBy under this Section 6, you must be at least 14 years old or older.
8.2 . You may register for an account with our AceBy by completing and submitting the account registration form on our AceBy.
8.3 . You must not allow any other person to use your account to access the AceBy.
8.4 . You must notify us in writing immediately if you become aware of any unauthorised use of your account. 8.5You must not use any other person's account to access the AceBy.
9. User login details
9.1 . If you register for an account with our AceBy, you will be asked to share your e-mail and telephone number.
9.2 . Your user ID must not be liable to mislead. You must not use your account or user ID for or in connection with the impersonation of any person.
10. Cancellation and suspension of account
10.1 . If your Rating falls to 3 stars we will call you and give you a warning. If it goes below 3 stars we will block your account and you will not be allowed to use our platform for the next 2 years. If you come back and this happens again your account will be closed and telephone number blocked.
10.2 . You may cancel your account on our AceBy by simply delete the AceBy from your mobile device.
11.1 Depute is handled at help.AceBy.com and if a resolution is not achieved there is an arbitration fee of CA$200.00. We will gather evidence and pass a judgment and funds will be released or refunded.
12. Your content: license
12.1 . In these Terms of Service, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our AceBy for storage or publication on, processing by, or transmission via, our AceBy.
12.2 . You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
12.3 . You grant to us the right to sub-license the rights licensed under Section 12.2.
12.4 . You grant to us the right to bring an action for infringement of the rights licensed under Section 12.2.
12.5 . You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law, and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
12.6 . You may edit your content to the extent permitted using the editing functionality made available on our AceBy.
12.7 . Without prejudice to our other rights under these Terms of Service, if you breach any provision of these Terms of Service in any way, or if we reasonably suspect that you have breached these Terms of Service in any way, we may delete, unpublish or edit any or all of your content.
13. Your content: rules
13.1 . You warrant and represent that your content will comply with these Terms of Service.
13.2 . Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
13.3 . Your content and the use of your content by us in accordance with these Terms of Service must not:
(a) be libelous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property rights;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) cause annoyance, inconvenience or needless anxiety to any person;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
14.1 . We do not warrant or represent:
(a) the completeness or accuracy of the information published on our AceBy;
(b) that the material on the AceBy is up to date; or
(c) that the AceBy or any service on the AceBy will remain available.
14.2 . We reserve the right to discontinue or alter any or all of our AceBy services at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms of Service, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any AceBy services.
14.3 . To the maximum extent permitted by applicable law and subject to Section 15.1, we exclude all representations and warranties relating to the subject matter of these Terms of Service, our AceBy and the use of our AceBy.
15. Limitations and exclusions of liability
15.1 . Nothing in these Terms of Service will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 . The limitations and exclusions of liability set out in this Section 15 and elsewhere in these Terms of Service:
(a) are subject to Section 15.1; and
(b) govern all liabilities arising under these Terms of Service or relating to the subject matter of these Terms of Service, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms of Service.
15.3 . To the extent that our AceBy and the information and services on our AceBy are provided free of charge, we will not be liable for any loss or damage of any nature.
15.4 . We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
15.5 . We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
15.6 . We will not be liable to you in respect of any loss or corruption of any data, database or software.
15.7 . We will not be liable to you in respect of any special, indirect or consequential loss or damage.
15.8 . You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the AceByor these Terms of Service (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
16. Breaches of these Terms of Service
16.1 . Without prejudice to our other rights under these Terms of Service, if you breach these Terms of Service in any way, or if we reasonably suspect that you have breached these Terms of Service in any way, we may:
(a)send you one or more formal warnings;
(b)temporarily suspend your access to our AceBy ;
(c)permanently prohibit you from accessing our AceBy;
16.2 . Where we suspend or prohibit or block your access to our AceBy or a part of our AceBy, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
17.1 . We may revise these Terms of Service from time to time.
17.2 . We will give you written a notice of any revision of these Terms of Service, and the revised Terms of Service will apply to the use of our AceBy from the date that we give you such notice; if you do not agree to the revised Terms of Service, you must stop using our AceBy.
17.3 . If you have given your express agreement to these Terms of Service, we will ask for your express agreement to any revision of these Terms of Service; and if you do not give your express agreement to the revised Terms of Service within such period as we may specify, we will disable or delete your account on the AceBy, and you must stop using the AceBy.
18.1 . You hereby agree that we may assign, transfer, sub-contract or otherwise, deal with our rights and/or obligations under these Terms of Service.
18.2 . You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms of Service.
19.1 . If a provision of these Terms of Service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
19.2 . If any unlawful and/or unenforceable provision of these Terms of Service would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
20. Third party rights
21.1 . A contract under these Terms of Service is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
21.2 . The exercise of the parties' rights under a contract under these Terms of Service is not subject to the consent of any third party.
21.3 . We are using Google Maps API. Please make sure you agreed with its Terms of Services https://developers.google.com/maps/terms
22. Entire agreement
23. Law and taxes
23.1 . These Terms of Service shall be governed by and construed in accordance with Canadian law.
23.2 . We will have no responsibility for determining the necessity of or for issuing any formal invoices, or for determining, remitting, or withholding any taxes applicable to the Freelancer Fees. Freelancer will be solely responsible for determining whether it is required by applicable law to issue any formal invoices for the Freelancer Fees and for issuing any invoices so required.
24. Our details
24.1 . We are registered in Canada under Corporation Number 1034249-1, Business Number (BN) 701604720RC0001, and our registered office is at 2572 DanielJohnson Boulevard, 2nd Floor, Laval, QC, Canada.
24.2 . You can contact us: (a) . by post, using the postal address given above; (b) . using http://help.AceBy.com to open a ticket; (c) . by telephone, on +514-992-0077; or (d) . by email, using legal@AceBy.com for legal questions, and support@AceBy.com for Support.
Thank you, The AceBy Legal Team.