Terms & Conditions
This is an agreement between the User and BidWORX (https://www.bidworx.co).
Welcome to BidWORX!
This website is comprised of various web pages operated by CareerMojo (Pty)
Ltd . https://www.careermojo.co.za is
offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein (the "Terms"). Your
use of https://www.bidworx.co constitutes
your agreement to all such Terms.
Please read these terms carefully and keep a copy of them
for your reference.
About BidWORX
https://www.BidWORX.co is a work marketplace.
BidWORX is a work marketplace platform built to bridge the
gap between businesses and freelancers. Businesses (employers) can easily post
jobs based on their requirements and freelancers can bid on these jobs. A
single job can get several bids that are placed by different freelancers (one
freelancer can bid only once on a job).
Employers can review the bids, select the best ones, chat
with them, negotiate terms, hire the best freelancer, and start the project.
Once the freelancer is done with the project, they can submit the work and wait
for the employer's response.
The task is considered completed based on mutual discussion
and understanding between the employer and freelancer. And with this, the task
can be marked as completed. When a task is completed, the payment discussed
initially will be released and given to the freelancer. A small platform fee is
deducted from this amount before the freelancer gets the payment.
Electronic Communications
Visiting https://www.bidworx.co or sending emails to BidWORX
constitutes electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other
communications that we provide to you electronically, via email, and on the
site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining
the confidentiality of your account and password and for restricting access to
your computer, and you agree to accept responsibility for all activities that
occur under your account or password.
You may not assign or otherwise transfer your account to any
other person or entity. You acknowledge that BidWORX is not responsible for
third-party access to your account that results from theft or misappropriation
of your account.
BidWORX and its associates reserve the right to refuse or
cancel service, terminate accounts, or remove or edit content at our sole
discretion.
Children Under Thirteen
BidWORX does not knowingly collect, either online or
offline, personal information from persons under the age of thirteen. If you
are under 18, you may use https://www.bidworx.co only with the permission of a
parent or guardian.
Cancellation/Refund Policy
Both parties can cancel their contract at any time. However,
each of them will be required to leave feedback for the other party. The amount
in escrow will only be released back to the employer after a waiting period of
7 to 10 days, to ensure that no one is being mistreated and misused.
In case a freelancer has already completed the work, and the
employer cancels the contract just to avoid paying the freelancer, the
freelancer can raise a dispute regarding the same with our support team. For
questions, please contact admin@bidworx.co
Links to Third-Party Sites/Third-Party Services
https://www.bidworx.co may contain links to other websites
("Linked Sites"). The Linked Sites are not under the control of BidWORX
and BidWORX is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site.
BidWORX is providing these links to you, only as a
convenience, and the inclusion of any link does not imply endorsement by BidWORX
of the site or any association with its operators.
Certain services made available via https://www.bidworx.co
are delivered by third-party sites and organizations.
By using any product, service, or functionality originating
from the https://www.bidworx.co domain, you hereby acknowledge and consent that
BidWORX may share such information and data with any third party with whom BidWORX
has a contractual relationship to provide the requested product, service, or
functionality on behalf of https://www.bidworx.co users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable
license to access and use https://www.bidworx.co strictly in accordance with
these terms of use.
As a condition of your use of the Site, you warrant to BidWORX
that you will not use the Site for any purpose that is unlawful or prohibited
by these Terms. You may not use the Site in any manner that could damage,
disable, overburden, or impair the Site or interfere with any other party's use
and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for
through the Site.
All content included as part of the Service, such as text,
graphics, logos, images, as well as the compilation thereof, and any software
used on the Site, is the property of BidWORX or its suppliers and protected by
copyright and other laws that protect intellectual property and proprietary
rights. You agree to observe and abide by all copyright and other proprietary
notices, legends, or other restrictions contained in any such content and will
not make any changes thereto.
You will not modify, publish, transmit, reverse engineer,
participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part, found on the Site.
BidWORX content is not for resale. Your use of the Site does
not entitle you to make any unauthorized use of any protected content, and you
will not delete or alter any proprietary rights or attribution notices in any
content. You will use protected content solely for your personal use and will
make no other use of the content without the express written permission of BidWORX
and the copyright owner.
You agree that you do not acquire any ownership rights in
any protected content. We do not grant you any licenses, express or implied, to
the intellectual property of BidWORX or our licensors except as expressly
authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication
Services"). You agree to use the Communication Services only to post,
send, and receive messages and material that are proper and related to the Communication
Service.
By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not: defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of privacy and
publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information; upload files that contain software or
other material protected by intellectual property laws (or by rights of privacy
of publicity) unless you own or control the rights thereto or have received all
necessary consents; upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of another's
computer; advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows such
messages; conduct or forward surveys, contests, pyramid schemes or chain
letters; download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed in such
manner; falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded; restrict or
inhibit any other user from using and enjoying the Communication Services;
violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service; harvest or otherwise collect information
about others, including e-mail addresses, without their consent; violate any
applicable laws or regulations.
BidWORX has no obligation to monitor the Communication
Services. However, BidWORX reserves the right to review materials
posted to a Communication Service and to remove any materials at its sole
discretion. BidWORX reserves the right to terminate your access to
any or all the Communication Services at any time without notice for any reason
whatsoever.
BidWORX reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process, or governmental request, or to edit, refuse to post, or remove any
information or materials, in whole or in part, in BidWORX's sole
discretion.
Always use caution when giving out any personally
identifying information about yourself or your children in any Communication
Service. BidWORX does not control or endorse the content, messages,
or information found in any Communication Service and, therefore, BidWORX specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized BidWORX spokespersons and their
views do not necessarily reflect those of BidWORX.
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction, and/or dissemination. You are
responsible for adhering to such limitations if you upload the materials.
Materials Provided to https://www.bidworx.co or Posted on
Any BidWORX Web Page
BidWORX does not claim ownership of the materials you
provide to https://www.bidworx.co (including feedback and suggestions) or post,
upload, input, or submit to any BidWORX Site or our associated
services (collectively "Submissions"). However, by posting,
uploading, inputting, providing, or submitting your Submission you are
granting BidWORX, our affiliated companies, and necessary sublicensees
permission to use your Submission in connection with the operation of their
Internet businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate, and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. BidWORX is under no obligation to
post or use any Submission you may provide and may remove any Submission at any
time in BidWORX's sole discretion.
By posting, uploading, inputting, providing, or submitting
your Submission you warrant and represent that you own or otherwise control all
of the rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
Third-Party Accounts
You will be able to connect your BidWORX account
to third-party accounts. By connecting your BidWORX account to your
third party account, you acknowledge and agree that you are consenting to the
continuous release of information about you to others (in accordance with your
privacy settings on those third party sites). If you do not want information
about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated, and administered
by BidWORX from our offices within the RSA. If you access the Service
from a location outside the RSA, you are responsible for compliance with all
local laws. You agree that you will not use the BidWORX Content
accessed through https://www.bidworx.co in any country or in any manner
prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless BidWORX,
its officers, directors, employees, agents, and third parties, for any losses,
costs, liabilities, and expenses (including reasonable attorney's fees)
relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this
Agreement or your violation of any rights of a third party, or your violation
of any applicable laws, rules or regulations.
BidWORX reserves the right, at its own cost, to assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with BidWORX in
asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute
between them arising out of or concerning these Terms and Conditions, or any
provisions hereof, whether in contract, tort, or otherwise at law or in equity
for damages or any other relief, then such dispute shall be resolved only by
final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American
Arbitration Association, or a similar arbitration service selected by the
parties, in a location mutually agreed upon by the parties.
The arbitrator's award shall be final, and judgment may be
entered upon it in any court having jurisdiction. In the event that any legal
or equitable action, proceeding, or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its
costs and reasonable attorney's fees.
The parties agree to arbitrate all disputes and claims in
regard to these Terms and Conditions or any disputes arising as a result of
these Terms and Conditions, whether directly or indirectly, including Tort
claims that are a result of these Terms and Conditions. The parties agree that
the Federal Arbitration Act governs the interpretation and enforcement of this
provision. The entire dispute, including the scope and enforceability of this
arbitration provision, shall be determined by the Arbitrator. This arbitration
provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take
place on an individual basis; class arbitrations and
class/representative/collective actions are not permitted.
THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING,
SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
Further, unless both you and BidWORX agree
otherwise, the arbitrator may not consolidate more than one person's claims and
may not otherwise preside over any form of a representative or class
proceeding.
Liability Disclaimer
The information, software, products, and services included
in or available through the site may include inaccuracies or typographical
errors. Changes are periodically added to the information herein. BidWORX and/or
its suppliers may make improvements and/or changes in the site at any time.
BidWORX and/or its suppliers make no representations
about the suitability, reliability, availability, timeliness, and accuracy of
the information, software, products, services, and related graphics contained
on the site for any purpose. To the maximum extent permitted by applicable law,
all such information, software, products, services, and related graphics are
provided "as is" without warranty or condition of any kind. BidWORX and/or
its suppliers hereby disclaim all warranties and conditions with regard to this
information, software, products, services, and related graphics, including all
implied warranties or conditions of merchantability, fitness for a particular
purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no
event shall BidWORX and/or its suppliers be liable for any direct,
indirect, punitive, incidental, special, consequential damages or any damages
whatsoever including, without limitation, damages for loss of use, data or
profits, arising out of or in any way connected with the use or performance of
the site, with the delay or inability to use the site or related services, the
provision of or failure to provide services, or for any information, software,
products, services, and related graphics obtained through the site, or otherwise
arising out of the use of the site, whether based on contract, tort,
negligence, strict liability or otherwise, even if BidWORX or any of
its suppliers have been advised of the possibility of damages. Because some
states/jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply to you.
If you are dissatisfied with any portion of the site, or with any of these
terms of use, your sole and exclusive remedy is to discontinue using the site.
Termination/Access Restriction
BidWORX reserves the right, in its sole discretion, to
terminate your access to the Site and the related services or any portion
thereof at any time, without notice. To the maximum extent permitted by law,
this agreement is governed by the laws of the Republic of South Africa and you
hereby consent to the exclusive jurisdiction and venue of courts in Johannesburg
in all disputes arising out of or relating to the use of the Site. Use of the
Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and BidWORX as a result of
this agreement or use of the Site. BidWORX's performance of this agreement
is subject to existing laws and legal processes, and nothing contained in this
agreement is in derogation of BidWORX's right to comply with governmental,
court, and law enforcement requests or requirements relating to your use of the
Site or information provided to or gathered by BidWORX with respect
to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and BidWORX with
respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, between the
user and BidWORX with respect to the Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It
is the express wish to the parties that this agreement and all related
documents be written in English.
Changes to Terms
BidWORX reserves the right, in its sole discretion, to
change the Terms under which https://www.bidworx.co is offered. The most
current version of the Terms will supersede all previous versions. BidWORX encourages
you to periodically review the Terms to stay informed of our updates.
Contact Us
BidWORX welcomes your questions or comments regarding
the Terms:
CareerMojo (Pty) Ltd
Johannesburg, Gauteng, South Africa
Email Address:
hello@bidworx.co
Telephone number:
RSA + 27 79 492 5704