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Revised August 2016 © ZippyCrowd 2016

Welcome to ZippyCrowd (the “Company” or “ZippyCrowd”).

ZippyCrowd operates an online skills marketplace (collectively, the “Service”) found at allowing users (“User” or “You”) to connect with friends, search for people and skills, market skills, post and share jobs and skills.

By accessing the Service, whether through a mobile device or computer  you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register with ZippyCrowd. If you wish to join ZippyCrowd and use the Service, please read these Terms of Use as well as the ZippyCrowd Privacy Policy, which is incorporated by reference into this Agreement and available in the Service. If you do not accept and agree to be bound by the terms of this Agreement, including ZippyCrowd Privacy Policy, do not use the Service.

1.  Acceptance of the Terms of Use

This Agreement establishes the binding terms you accept in order to use the Service. This  Agreement includes the Company’s Privacy Policy.

By accessing or using the Service, you accept this Agreement and agree to the terms & conditions and consent to have this Agreement and all notices provided to you in electronic form. Your consent will cease if and when you stop using the Service and terminate your account. This Agreement may be updated by the Company from time to time, such updates will be effective upon Company posting the updates in the Service.

2.  Eligibility

You must be at least 13 years of age to access and use the Service. By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

3. Service Scope and Description

3.1 ZippyCrowd provides an online skills marketplace for people to connect, buy, sell, exchange and share skills backed by endorsements of friends. Skill categories have a broad range covering most service sectors. ZippyCrowd provides the platform facility only.

3.2. Information related to the content of user profiles, posts and communication with other users is supplied by the users. The Company does not have responsibility to review, approve or verify any user provided information prior to publication on the Service. You agree that the Company has no responsibility and makes no warranty as to the truth or accuracy of any information provided by Users including, but not limited to, the ability of users to deliver skills, or the honesty and accuracy of any information provided by users in their profiles and posts.

3.3.  Features:

Account: In order to use ZippyCrowd, you have to register signing up either by using your social networks such as Facebook, Linkedin and Google, or with your personal email.  If you sign up with your social network accounts, you authorize us to access and use certain account information, including but not limited to your public  profile and information about  friends you might share in common with other ZippyCrowd users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

Profile: You are required to display your real photo, full name name and approximate location (Suburb, City, Country). You may display more information if you choose so, such as skills, additional contact details and full address.

Skills Cards: If you have any marketable skills, you may decide to make the most out of the Service, by creating and adding up to three Skill Cards to your profile.

Friends: Friends endorsements of trusted people, their reputation and abilities form integral part of the Service. You are highly encouraged to connect to friends who are already members of ZippyCrowd, and to invite friends from your social networks to join you.

Top Pros: You can add to Top Pros those of your friends whom you consider to be most trusted and good at their jobs, and whom you would hire again and recommend to others.

Posts: as part of the Service you can post a job (“Post a Job”) or post a skill (“Hire Me”) on the Service Newsfeed. Your posts will be visible to all ZippyCrowd members.

Tagging: Tag a Friend is the feature that allows you to tag any of your friends on the Service into any post as way of recommendation or a potential lead.

Chats: You can communicate direct with any ZippyCrowd member via private Chat service or via any other means of communication other users made available to you.

Notifications: You will be notified both through Notifications on your account and via email linked to your account of any new messages, tags and friend invites you receive.

4.  Third Party Links

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. You agree that the Company does not endorse and is not responsible or liable for any content, advertising, goods or services, or other materials on or available from such websites or resources. Your dealings with  third parties through the Service, are solely between you and such third party. You agree that the Company shall not be responsible or liable for any damage or loss caused in connection with the use of  any such content, advertising, goods or services or other materials available on or through any such website or resource.

5. Your Obligations

You agree that at all times you will comply with this Agreement and all applicable laws and regulations and will not use the Service for any unlawful or inappropriate and immoral purpose and activities.

You will ensure that you are aware of any laws that apply to you  in relation to any way(s) that you use the Service.

Communication with Other Users

  • You are solely responsible for your interactions with other users. The company makes no representations or warranties as to the backgrounds, statements and/or conduct of the users.
  • In no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, and/or any other damages resulting from communications or meetings with other Service users.

Content You Post

  • You are solely responsible for the content and information that you post, display or make available  on the Service or share with other users, including chat, photographs, or profile information, whether publicly posted or privately shared (collectively, “Content”).
  • You must not communicate any offensive, misleading, abusive, obscene, threatening, intimidating, racially or in other ways offensive, or illegal material.
  • You represent and warrant that all information you submit upon creation of your account is accurate and truthful.
  • You agree that the Company may review any Content you post as part of a Service. The Company may delete any Content, that in the sole judgment of the Company breaches this Agreement or may harm the reputation of the Service or the Company.

By posting Content as part of the Service, you automatically grant to the Company an irrevocable, non-exclusive, transferable, royalty-free, worldwide right and license to use, reproduce, modify and adapt the any content and information posted on the Service for the purpose of including that material and information on the Service and as otherwise may be required to provide the Service, for the general promotion of the Service and as permitted by this Agreement.

You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party, and will not be, in any way whatsoever,  potentially or actually harmful to the Company.

Following is a partial list of the kind of Content that is prohibited in the Service.

You may not post, upload, display or otherwise make available Content that:

  • promotes racism, hatred or physical harm of any kind against any group or individual;
  • promotes harassment, intimidation and/or is otherwise defamatory and libellous;
  • is intended to defraud other users of the Service;
  • involves the transmission of “junk mail”, or unsolicited mass mailing or “spamming”;
  • promotes false and misleading information and illegal activities or conduct;
  • contains viruses and harmful, disruptive codes, components or devices;
  • impersonates or misrepresents affiliation or association with any person or entity;
  • infringe any third party’s copyright, patent, trademark, trade secret or other proprietary  rights or intellectual property rights, rights of publicity, confidentiality or privacy
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • violates any applicable law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, export and import control, , unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws).

The Company reserves the right to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators.

Your use of the Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to comply with legal process, to enforce this Agreement, to respond to claims that any Content violates the rights of third parties or to protect the rights, property or personal safety of the Company or any other person.

You agree that Content you place on the Service may be viewed by other users and may be viewed by any person visiting the Service.

Prohibited Activities

The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful. The following is a partial list of the type of actions that you may not engage in with respect to the Service.

You will not:

  • impersonate any person or entity;
  • post any prohibited by this Agreement Content;
  • “stalk” or harass any person;
  • imply that any statements you make are endorsed by the Company;
  • use the Service in an illegal manner;
  • use any robot, site search/retrieval application, or other device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
  • collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized linking to the Service;
  • interfere with or disrupt the Service or the servers or networks connected to the Service;
  • email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
  • “frame” or “mirror” any part of the Service, without the Company’s prior written authorization;
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service;

6. Account Term and Termination

This Agreement will remain in full force and effect while you use the Service and/or have a ZippyCrowd account. You may remove your account at any time by following the instructions in your account settings. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.  After your account is terminated for any reason, the terms of this Agreement survive such termination and continue , except for any terms that by their nature expire or are fully satisfied.

7. Account Security

You are responsible for maintaining the confidentiality of the password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security at [email protected] and ensure that you log out from your account at the end of each session.

8.  Proprietary Rights

The Company owns and retains all proprietary rights in the Service, and in all content, trade names,  and other intellectual property rights related thereto. The Service contains the copyrighted material and other proprietary information of the Company. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company.

9.  Changes to Service

The Company reserves the right at any time to modify or discontinue the Service with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.

10.  Disclaimers

a.    You  agree that the Company is not responsible for and shall not have any liability for any loss or damage, including personal injury or death, as a result of (i) any incorrect Content posted in the Service; (ii) the removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct of any user; (iv) any error or defect in user communications; or (v) any technical malfunction of any computer equipment, servers or providers, software, failure of email on account of technical problems in connection with the Service.

You agree that the Service is provided on an “AS IS” and “AS AVAILABLE” basis, and that the company grants no warranties with respect to the Service, including any implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement. The company does not guarantee that the Service will be error free, secure or uninterrupted.

b.        The Company may display third party content through the Service. All third party content is the responsibility of the respective third party authors thereof. Such third parties are solely responsible for their content. The Company does not endorse or accept responsibility for the accuracy and reliability of content made by any third party through the Service. Under no circumstance will the Company be responsible or liable for any loss or damage resulting from your reliance on information or content posted in the Service or transmitted to or by any users.

c.        Any advice that may be posted in the Service is for informational purposes only and is not intended to substitute for any professional, legal, medical, financial or other advice. The Company disclaims any liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service.

11. Limitation on Liability

To the extent allowed by applicable law, the Company will not be liable to you or any third person for any damages, including without limitationloss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any service supplied, loss of profits, loss of goodwill, breaches of data or programs and service interruptions. You agree that  any claim or cause of action related to use of the Service or Terms of this Agreement must be filed within one year after such claim or be forever barred.

12. General

This Agreement is governed by the laws of Victoria, Australia. You and Company submit to the exclusive jurisdiction of the courts of Victoria, Australia.

This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers in the Service, contains the entire agreement between you and the Company regarding the use of the Service.

This Agreement may be assigned or novated by the Company to a third party without your consent. In the event of an assignment or novation you will remain bound by this Agreement.

If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death.

This Agreement is subject to change by the Company at any time.

Revised August 2015 © ZippyCrowd 2015

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