Marketing For Good Terms of Trade
last updated March 2021
This policy describes our trading practices for bother members and customers.
By accessing or using any of our Services, you acknowledge that you have read and agree to these terms.
Account means the account or membership associated with your email address.
Account Manager means a person appointed by us to manage your Account.
Bank Account means any banking account(s) that we hold and maintain with a financial institution used to hold any funds that we receive.
Client means any person who engages Marketing for Good to provides services to them in accordance with Condition 3.
Completed Task means any tangible or intangible results or deliverables that a Member agrees to create for, or actually delivers to, a Client as a result of performing the Task.
Content means any document, electronic profile or account, comments, remarks, data, feedback, text, photographs, images, video, music, or other content or information that is created in performing a Task.
Contract means a contract that has been formed between a Client and a Member deemed to have been entered into upon a Task being awarded to the Member.
Intellectual Property Rights means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, in each case, under the laws of any state, country, territory or other jurisdiction.
Marketing for Good Marks means the names, marks, logos and symbols that are trademarks owned, held and maintained from time to time by us.
Marketing Strategy means a marketing strategy developed by or on behalf of Marketing for Good for a Client in accordance with the Client’s instructions and these Terms.
Means of Direct Contact means any information that would allow another person to contact you directly, including, without limitation, phone number, email address, physical address, a link to a contact form or form requesting contact information, any link to an applicant management system or means to submit a proposal or application outside of any of our Sites, or any information that would enable a User to contact you on social media or other site or platform or application that includes a communications tool, such as Skype, Zoom, Wechat, or Facebook. For the avoidance of doubt, information is a Means of Direct Contact if it would enable another user to identify any of the information above through other sources, such as going to a site that included an email address or identifying you on social media, such as through Facebook or LinkedIn.
Member means a User that offers and provides services through the performance of Tasks.
Member Bank Account means the nominated payment details provided to us by a Member.
Payment Method means a valid credit card issued by a bank accepted by us, a bank account linked to your Account, a PayPal account, a debit card, or such other method of payment as we may accept from time to time in our sole discretion.
1. in respect of a Task, an amount equal to the Task Value for that Task plus the Service Fee; and
2. in respect of any other Service to be provided by us to the Client, the amount agreed to be paid by the Client for the Service pursuant to the quote provided by us in accordance with Condition 3.
Service Fee means an amount payable to us calculated in accordance with Condition 13.
Services means the services to be provided by Marketing for Good to a Client as described in a quote provided to the Client in accordance with Condition 3.
Site means the websites and social media profiles and accounts operated by us from time to time including (without limitation):
3. Facebook, LinkedIn, Twitter and Instagram profiles and accounts;
4. any related Marketing for Good service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.
Task means each specific job to be performed by a Member for a Client and that is advertised and awarded by us through any of our Sites.
Task Value means the amount specified in the Task description, as agreed by the Client pursuant to the quote provided by us in accordance with Condition 3, that is payable by a Client to the Contractor for the performance of a Task.
User means a person who visits or uses any of our Sites.
2.1 You are entering into these Terms & Conditions with Marketing for Good (also referred to as “we”, “our” and “us”).
2.2 By registering for an Account to use any of our Sites, using any of our Sites or by clicking to accept the terms of service when prompted on any of our sites, you agree to abide by these Terms & Conditions as amended by us in our sole discretion from time to time.
If you are a Client, you acknowledge, agree and understand that when you register as a User of any of our Sites:
2.3.1 an Account Manager will be appointed to your Account;
2.3.2 you have engaged us to provide the Services in accordance with these Terms & Conditions;
2.3.3 as part of the Services we will identify and recommend a number of optional Tasks and the Task Value for each of those Tasks;
2.3.4 you may decide from the list of Tasks that we provide to you what Tasks to proceed with;
2.3.5 we will publish and advertise your Tasks on any of our Sites and facilitate engagement with a Member to perform a Task;
2.3.6 we will on your behalf as your agent engage a Member to perform the Task and manage the performance of the Task by the Member; and
2.3.7 you will pay all fees and charges payable to us in accordance with these Terms & Conditions.
If you are a Member, you acknowledge, agree and understand that:
2.4.1 when you register as a Member on any of our Sites, you agree to verify your identity, qualifications and experience as required by us in our sole discretion;
2.4.2 you can request to be awarded any Task published on any of our Sites;
2.4.3 the success of your application for a Task will be determined at our sole discretion;
2.4.4 if you are awarded a Task, you must perform the Task in accordance with the instructions provided in respect of that Task unless we agree in writing otherwise;
2.4.5 you will be deemed to have entered into a Contract with the Client through us as its agent for the performance of the Task;
2.4.6 we will act as agent for the Client in any and all communications with you and the enforcement of the Contract;
2.4.7 you will submit the Completed Task for our review or otherwise notify us of the completion of the Task and we will make an assessment as to whether the Task has been completed satisfactorily. If so, we will refer the Completed Task to the Client for their approval; and
2.4.8 upon our receipt of the Client’s satisfaction, payment of the Task Value will be released to you from our Bank Account.
3.1 You acknowledge and accept that:
3.1.1 your Services will be developed and tailored to suit your individual needs;
3.1.2 the cost of the Services will be determined by us based on the particulars of the Services to be provided to you;
3.1.3 we will provide you with a written quote for the Services to be provided to you; and
3.1.4 by accepting that quote you will be accepting these Terms & Conditions.
4.1 Tasks will be published on any of our Sites with a description and Task Value.
4.2 Upon publication of a Task , a Member may apply to be awarded the Task.
4.3 We may award the Task to a Member at our sole discretion.
4.4 A Member must perform the Task in accordance with the Task description and at the agreed Task Value.
4.5 We can terminate a Contract with a Member on behalf of a Client if we reasonably determine that the Member:
4.5.1 has breached these Terms & Conditions;
4.5.2 is unable to complete the Task in accordance with the Task description and instructions (including timing); or
4.5.3 is unable to complete the Task to an acceptable standard.
4.6 The Member must submit the Completed Task to us, or otherwise notify us that the Task has been completed, for our review and approval.
4.7 We will review the Completed Task to determine if it meets the Task description. If we are satisfied, we will request the Client’s approval. If we are not satisfied, we will communicate with the Member to remedy the deficiencies and complete the Task to a satisfactory level. No additional payment in excess of the Task Value will be paid to a Member for any additional work performed by the Member to remedy any deficiencies and complete the Task to a satisfactory level.
4.8 Once the Client has approved the Completed Task, payment will be released from our Bank Account to the Member’s Bank Account in accordance with these Terms & Conditions.
5.1 We are not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with these Terms & Conditions, including, but not limited to:
5.1.1 any Tasks completed by a Member;
5.1.2 any Content created by a Member;
5.1.3 your use of or your inability to use any of our Sites;
5.1.4 delays or disruptions in in any of our Sites;
5.1.5 viruses or other malicious software obtained by accessing, or linking to, any of our Sites;
5.1.6 glitches, bugs, errors, or inaccuracies of any kind in any of our Sites;
5.1.7 damage to your hardware device from the use of any of our Sites;
5.1.8 the content, actions, or inactions of third parties’ use of any of our Sites;
5.1.9 a suspension or other action taken with respect to your Account;
5.1.10 your reliance on the quality, accuracy, or reliability of Task postings; and
5.1.11 your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to the Terms & Conditions.
You will indemnify, defend, and hold harmless Marketing for Good, our affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of:
6.1 the use of any of our Sites by you or your agents, including any payment obligations described in Section 13 (Payment Terms) incurred through use of the Site;
6.2 your reliance on any Marketing Strategy developed by us;
6.3 any Content developed for or provided to you by a Member;
6.4 any Contract entered into by you or your agents, including, but not limited to, the classification of a Member as an employee of ours and the classification of Marketing for Good as an employer or joint employer of a Member;
6.5 any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits;
6.6 failure to comply with the Terms & Conditions by you or your agents;
6.7 failure to comply with any applicable law by you or your agents;
6.8 negligence, wilful misconduct, or fraud by you or your agents; and
6.9 defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents.
For purposes of this Condition 6, your agents includes any person who has apparent authority to access or use your account demonstrated by using your username and password.
“Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including all legal costs on an indemnity basis and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party.
“Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable legal costs on an indemnity basis and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User.
In addition to the recognition that we are not a party to any contract between Users, you hereby release us, our affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Contract services provided to Client by a Member and requests for refunds based upon disputes. Procedures regarding the handling of certain disputes between Users are discussed in the below Dispute Resolution condition (Condition 15).
8. Code of Conduct
We have an obligation to conduct our business in accordance with all applicable rules, regulations and laws. We are committed to helping all Users act in a way that preserves trust and respect. This Code is meant as a guide to using any of our Sites appropriately and in otherwise performing any Task and must be followed at all times. Breaches of this Code will result in disciplinary action, up to, and including, account termination. Any questions regarding this Code should be addressed to us where we can provide you with additional information regarding the correct procedure(s) to follow, and address any concerns you may have.
By holding an Account with us and accepting these Terms & Conditions, you agree to be bound and abide by the following Code:
8.1 Personal Behaviour
8.1.1 I will act ethically and with integrity.
will comply with all of Marketing for Good’s policies.
8.1.2 I will respect the rights of all Users.
8.1.3 I will not abuse confidential information, or participate in any other illegal practice.
8.1.4 I will have regard for Users’ interests, rights and safety.
8.1.5 I will not harass, bully or discriminate.
8.1.6 I will not falsify my own or any other identity and I will provide true and correct information.
8.1.7 I will not seek to communicate or receive payments in respect of a Task other than through Marketing for Good.
8.1.8 I will not agree to do work I am not reasonably capable of doing.
8.2 User Content
I am responsible for the Content that I create in performing a Task and:
8.2.1 I will not create or submit Content that infringes upon any copyright or other Intellectual Property Rights.
8.2.2 I will not create or submit Content that violates any law or regulation.
8.2.3 I will not create or submit Content that is defamatory.
8.2.4 I will not create or submit Content that is obscene or contains child pornography.
8.2.5 I will not create or submit Content that includes incomplete, false or inaccurate information about any person, product or service.
8.2.6 I will not create or submit Content that contains any viruses or programming routines intended to damage any system.
8.3.1 I will respect confidentiality and privacy.
8.3.2 I will not disclose information or documents I have acquired, other than as required by law or where authorisation is given by you.
I will not ask other Users for their private contact details and will not solicit work from any other Users other than through Marketing for Good.
8.5.1 I will not engage in fraud.
8.5.2 I will not create multiple accounts.
8.5.3 I will not use any of the Sites to illegally transfer funds.
8.5.4 I will not use any of the Sites to generate false feedback about any person, product, or service.
8.6.1 I will avoid exaggeration, derogatory remarks, and inappropriate references.
8.6.2 I will not engage in personal attacks, negative or other unfair criticism, and any unprofessional conduct.
8.7 Spam and Advertising
I will not spam or advertise my website or service unless otherwise allowed.
9.1 Users acknowledge that in using any of our Sites or performing any Task published by us:
9.1.1 you may be required to disclose confidential information regarding you or your business; or
9.1.2 you may be given access to confidential information of another User
9.2 Users must keep secret and confidential, and must not divulge or disclose any information which is disclosed to the User through their use of any of the Sites or by any other means, relating to us, another User or their business, a Task, Contract or these Terms & Conditions other than to the extent that:
9.2.1 the information is in the public domain as at the date of these Terms & Conditions (or subsequently becomes in the public domain other than by breach of any obligation of confidentiality binding on the User);
9.2.2 the User is required to disclose the information by applicable law;
9.2.3 the disclosure is made by the User to its agent, employees, contractors or professional adviser to the extent necessary to enable the User to properly perform its obligations under these Terms & Conditions and the User must ensure that such persons keep the information secret and confidential and do not divulge or disclose the information to any other person;
9.2.4 the disclosure is required for use in legal proceedings regarding these Terms & Conditions; or
9.2.5 the party to whom the information relates has consented in writing before the disclosure.
9.3 In circumstances where a User discloses to another User content that contains Intellectual Property Rights relating to the disclosing User, the recipient of that content is granted the right to use the content for the specific purpose for which it was disclosed to them and the right, title and interest in and to all Intellectual Property Rights stays with the disclosing User at all times.
9.4 Each User must ensure that its employees, agents and representatives comply in all respects with the Users obligations under this Condition 9.
10. Intellectual Property (‘IP’)
10.1 Marketing for Good’s Intellectual Property
10.1.1 We and our licensors retain all right, title, and interest in and to all Intellectual Property Rights related in and to the Sites, the Services, our logos and names . All other product names, company names, marks, logos and symbols on the Sites may be the trademarks of their respective owners.
10.1.2 Nothing in these Terms & Conditions grants you a right to use any Marketing for Good Marks.
10.2.1 Intellectual Property Rights in Content that is created by a Member are owned by the Member until the Content is approved by the Client.
10.2.2 Ownership of all Intellectual Property Rights in any Content that is created by a Member is transferred to the Client upon the Client approving the Content in accordance with Condition 3.
10.2.3 When you create and submit Content, you understand and acknowledge that you are solely responsible for such Content. Further, you represent and warrant that you have the right, power, and authority to create and submit that Content without violating the rights of third parties.
10.2.4 You acknowledge and agree that the creater of Content, and not us, is responsible for any Content including any harms caused to you, another User, or a third party by such Content.
10.2.5 You will indemnify, defend, and hold harmless Marketing for Good, our affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to or arising out of any Content you create.
10.3 Third-Party Intellectual Property
10.3.1 Any information or content expressed or made available by a third party or any other User is that of the respective author(s) or distributor(s) and not of Marketing for Good. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on any of the Sites by anyone other than our authorised agents acting in their official capacities.
10.3.2 Our Sites may contain links to third-party sites. Our Sites may also contain applications that allow you to access third-party sites via the Site. Such third-party sites or applications are owned and operated by the third parties and/or their licensors. The inclusion of any link or application on our Site does not imply that we endorse the linked site or application. You use the links and third-party sites at your own risk and agree that your use of an application or third-party site accessed via our Site is on an “as is” and “as available” basis without any warranty for any purpose.
11.1 Any monetary amounts displayed on any of our Sites are at all times displayed in Australian Dollars ($AUD).
11.2 All payments to made to us or made by us will be made in $AUD.
12.1 Where a person (Supplier) makes a taxable supply to another person (Recipient) under or in connection with the provision of any Services or the performance of any Task or otherwise in connection with their use of any of our Sites, the Recipient must pay to the Supplier an additional amount equal to the GST payable on the supply (unless the consideration for that taxable supply is expressed to include GST). The additional amount must be paid by the Recipient at the later of the following:
12.1.1 the date when any consideration for the taxable supply is first paid or provided; or
12.1.2 the date when the Supplier issues a tax invoice to the Recipient.
12.2 If, under or in connection with this agreement, the Supplier has an adjustment for a supply under the GST law which varies the amount of GST payable by the Supplier, the Supplier will adjust the amount payable by the Recipient to take account of the varied GST amount. The Supplier must issue an adjustment note to the Recipient within 28 days of becoming aware of the adjustment.
12.3 All amounts payable in accordance with these Terms & Conditions shall be exclusive of GST unless expressly stated otherwise.
13. Payment Terms
13.1 Payment for Marketing Strategy
13.1.1 If you engage us to provide a Marketing Strategy, the Price for the Marketing Strategy must be paid into our Bank Account in accordance with the terms set out in the quote provided by us in accordance with Condition 3.
13.1.2 Your payment of the Price for the Marketing Strategy is non-refundable.
13.2 Payment for Task
13.2.1 You must pay to us the Price in respect of a Task within 48 hours of providing your approval to publish the Task on our Sites.
13.2.2 We have no obligation to publish a Task on our Sites until you have paid the Price for that Task in full.
13.2.3 You acknowledge and agree that the Price paid to us in accordance with these Terms & Conditions will be held in our Bank Account and released in accordance with Condition 13.3.
13.3 Service Fees
13.3.1 Pursuant to these Terms & Conditions, we charge Clients a Service Fee in respect of each Task published. The Service Fee will be charged at the rate set out in the quote provided by us in accordance with Condition 3.
13.3.2 We are entitled to the Service Fee upon a Client authorising us to publish a Task on our Sites. If a Task is not completed we are entitled to retain all or part of the Service Fee to reimburse us for any costs incurred in relation to the Task.
13.3.3 Additionally, the use of various Payment Methods offered through our Sites may incur added fees or charges. All Payment Methods will be disclosed in writing to you along with any associated fees or charges, which we may update from time to time at our sole discretion. You hereby authorise us to charge to you and to collect from you (consistent with these Terms & Conditions) any fees, charges, or taxes described in this Condition 13.
13.4 Releasing Amounts
13.4.1 Each User irrevocably authorises us to release any funds held by us upon the occurrence of and in accordance with one or more Release Conditions provided below or as otherwise required by applicable law.
13.4.2 As used in this Condition 13, “Release Condition” means any of the following:
18.104.22.168 We have received confirmation from the relevant Client that the applicable Task has been completed to their satisfaction.
22.214.171.124 The Client does not take any action for 14 days from the date we submit the Completed Task the Client for approval, in which case the Member and the Client agree that we are authorised and irrevocably instructed to immediately release the Price paid in respect of the Task
126.96.36.199 The Member cancels the Contract before it is completed and payment has not been released to the Member, in which case the Task Value may be returned to the Client.
188.8.131.52 The Client and the Member have both submitted instructions for a release of funds to a Member Bank Account.
184.108.40.206 The Client and the Member agree to terminate the Contract without release of funds, in which case the funds may be returned to the Client.
220.127.116.11 We believe, in our sole discretion, that fraud, an illegal act, or a violation of these Terms & Conditions has been committed or is being committed or attempted, in which case the Client and the Member irrevocably authorise and instruct us to take such actions as we deem appropriate in our sole discretion and in accordance with applicable law, in order to prevent or remedy such acts, including without limitation either the retention or return of any funds associated with such acts to their source of payment. On the occurrence of such act, you specifically provide your irrevocable authority that we may release any funds that you have deposited to our Bank Account to us in our sold discretion.
13.4.3 On the occurrence of a Release Condition, Client and Member are deemed to and hereby agree that the instruction to us or our affiliates to release funds is irrevocable.
13.4.4 Without limiting Condition 13.4.3, the Client’s instructions to us or our affiliates to pay a Member:
18.104.22.168 is irrevocable;
22.214.171.124 are the Client’s authorisation to transfer funds to a Member from the Bank Account; and
126.96.36.199 are the Client’s representation that the Client has received, inspected and approved that the subject Task has been satisfactorily completed.
13.4.5 The Client acknowledges and agrees that on the occurrence of a Release Condition, we may transfer funds to the Member and that we and our affiliates have no responsibility to and may not be able to recover such funds. Therefore, and in consideration of services described in these Terms & Conditions, the Client agrees that once we or our affiliate has released a Task Value, the Release is non-refundable.
14.1 We will hold the funds that you deposit in our Bank Account in respect of any Task that has been awarded to a Member by you or your Account Manager in pre-emptive payment for their services to be provided to you.
14.2 If you are a User you may have funds released to you in accordance with these Terms & Conditions.
14.3 If you have funds released to you, those funds will be delivered to your nominated Bank Account in accordance with these Payment Terms.
14.4 Funds in our Bank Account are held with financial institutions. Funds in our Bank Account may not be held separately by us, and may be commingled with our general operating funds, and/or funds of other Users.
14.5 You are not entitled to any interest, or other earnings for funds that are in our Bank Account.
14.6 We may receive interest on funds held by us in our operating accounts from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.
14.7 You acknowledge and agree that:
14.7.1 we will hold any funds that we receive in respect of a Task in our Bank Account (or in any manner that we decide in our sole discretion from time to time) and such funds may not be segregated into a separate account;
14.7.2 we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;
14.7.3 the funds that we hold in our Bank Account represent our unsecured obligations to you with respect to your rights to direct us to make payment in accordance with these Terms & Conditions;
14.7.4 to the extent that we are required to release funds from our Bank Account to you, you will become our unsecured creditor until such funds are paid to you;
14.7.5 we are not acting as a trustee or fiduciary with respect to such funds or payments;
14.7.6 the amount of funds showing in our Bank Account is not insured and is not a guaranteed deposit;
14.7.7 funds may only be released from our Bank Account by us and you must only use the payment methods approved by us to pay for, or receive funds in respect of a Task and Task completion;
14.7.8 any refunds required to be processed in your favour will be returned only to the source of the original deposit, and cannot be redirected to any other payment source; and
14.7.9 we may commingle your funds with funds of other Users and our own funds and such commingled funds could be used to pay other Users or for our general corporate purposes or otherwise, however, we will remain obliged to release or refund funds at your direction in accordance with these Terms & Conditions.
15. Dispute Resolution
15.1 Disputes between Users
15.1.1 Users acknowledge and agree that the below procedures must be followed in relation to the resolution of a dispute concerning either of the following:
188.8.131.52 the conduct of any User;
184.108.40.206 the conduct of any of our employees, staff or contractors;
220.127.116.11 the services provided by a Member;
15.1.1. 4 the payment of any Task Value by a Client or to a Member;
18.104.22.168 the provision of Services by us; or
22.214.171.124 the results of any Services provided by us.
15.1.2 Users acknowledge and agree that any dispute arising between you and another User will be handled in accordance with this condition:
126.96.36.199 we will have full rights and powers to make a determination for all such disputes;
188.8.131.52 we shall have the right to request the Client and the Member to provide documentation in support of their claim or position in relation to the dispute;
184.108.40.206 we have absolute discretion to accept or reject any document provided; and
220.127.116.11 we are not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person.
15.1.3 In addition, we do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold us and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.
15.1.4 Our Code of Conduct at Condition 8 applies to all the services offered by us. It is agreed by you that you will make every reasonable endeavour and post reasonable and fair demands/offers in relation to your dispute. No conduct relating to threats, blackmail or intimidation will be tolerated.
15.1.5 A User found to be in breach of the Code of Conduct during our investigation into the alleged dispute may automatically lose the dispute in favour of the other party involved, regardless of the origin of the dispute. The User who breached the Code of Conduct may also incur further disciplinary action.
15.2 Disputes with Marketing for Good
15.2.1 If a dispute arises between you and us, our goal is to address your concerns immediately and, if we are unable to do so to your reasonable satisfaction, provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by email at [email protected].
15.2.2 For any claim, we may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If we elect arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that we will provide to you. The ADR provider and the parties must comply with the following rules:
18.104.22.168 the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
22.214.171.124 the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
126.96.36.199 any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
15.2.3 All claims you bring against us must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, we may recover our legal fees and costs (including in-house lawyers and paralegals), provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
15.2.4 You agree that you will not pursue any claims arising under this Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.
15.2.5 If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, we will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.
15.2.6 Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
16.1 All communications are to go through us and/or any communication channels approved by us from time to time. You agree that prior to or after entering into a Contract, you:
16.1.1 will use our Sites and any other communication channels approved by us from time to time as the sole platform to communicate with other Users;
16.1.2 will not provide your Means of Direct Contact to any other User or another person that you identified or were identified by through any of our Sites for the purpose of soliciting work from that User other than through our Sites;
16.1.3 will not use Means of Direct Contact of another user to attempt to or to communicate with, solicit, contact, or find the contact information of a User outside of any of our Sites for the purpose of soliciting work from that User other than through our Sites; and
16.1.4 will not ask for, provide, or attempt to identify through public means the contact information of another User for the purpose of soliciting work from that User other than through our Sites.
16.2 You acknowledge and agree that a violation of any provision of this Condition 16 is a material breach of these Terms & Conditions. Your Account may be permanently suspended if you violate this Condition 16.
17. Right to Refuse Service
17.1 We may close, suspend or limit your access to your Account in our sole discretion. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
17.1.1 if we determine that you have breached, or are acting in breach of these Terms & Conditions;
17.1.2 if you attempt to renegotiate the Task or the Task Value privately, or attempt to avoid fees;
17.1.3 if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
17.1.4 if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
17.1.5 you do not respond to account verification requests;
17.1.6 you do not complete account verification when requested within 3 months of the date of request;
17.1.7 to manage any risk of loss to us, a User, or any other person;
17.1.8 if you do not perform a Task in accordance with the instructions (including timing) on more than on occasion; or
17.1.9 for any other reason in our sole and uncontrolled discretion.
17.2 If we close your Account due to your breach of these Terms & Conditions, you may also become liable for certain fees as described in these Terms & Conditions.
17.3 Without limiting our other remedies, to the extent you have breached these Terms & Conditions, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
17.4 You acknowledge and agree that:
17.4.1 the damages that we will sustain as a result of your breach of these Terms & Conditions will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain;
17.4.2 if you breach these Terms & Conditions, we may recover any costs incurred by us as a result of your breach and take legal action against you to recover losses that we suffer or incur;
17.4. 3 any money held by us that you have deposited to our Bank Account may be forfeited by you and either retained by us or released by us at our sole discretion; and
17.4.4 we may release the entire (or part of the) amount of funds that you have deposited to our Bank Account to us to recover any costs incurred as a result of your breach.
17.5 In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.