This Terms of Use agreement was last updated: December 10th 2019. This Terms of Use agreement is effective as of: December 10, 2019. Need Worker India Private Limited ("Need Worker"), primarily operates, controls and manages the Services (as defined below) provided by it from its corporate office at # 9-2-33/1/2, 3rd Floor, Nirmala Mall, JPN Road, Warangal, Telangana-506002.
The terms and conditions set forth below ("Terms of Use") and the Privacy Policy (as defined below) constitute a legally-binding agreement between Need Worker operating from its WARANGAL Corporate Office and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in
YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT. All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner. If you use the Website or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and "you" and "your" herein shall refer to that business.
PROHIBITIONS WITH RESPECT TO SERVICES While using the Website, you shall not: post content or items in any inappropriate category or areas on the Website; violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above; fail to deliver payment for Services purchased by you, unless the Service Professional has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Professional's identity; fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User's identity; manipulate the price of any Service or interfere with other users' Postings; circumvent or manipulate our fee structure, the billing process, or fees owed to Need Worker; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user); take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website).
FEEDBACK As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback:
The foregoing lists of prohibitions provide examples and are not complete or exclusive. Need Worker reserves the right to
PROFILES AND OFFERS MUST NOT BE FRAUDULENT Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not:
. PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT HEB ALLES FEES Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not:
FOR ALL WEBSITE USERS Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not:
PRODUCTS UTILIZED WHILE RENDERING SERVICES TO THE SERVICE USER(S) The Service Professional will procure the Products from Need Worker only for rendering the Services facilitated through the Need Worker’s Platform. Any Product purchased by the Service Professional from Need Worker shall only be used for the sole purpose of rendering services booked through Need Worker Platform. Products sold by Need Worker to the Service Professional should not be used for personal consumption by the Service Professional under any circumstances.
SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, Need Worker, in its sole discretion, may take any of the following actions:
If a Service User violates any of the above-referenced rules in connection with his or her Posting, Need Worker, in its sole discretion, may take any of the following actions:
You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that:
You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to Need Worker for posting on the Website, you hereby grant, and you represent and warrant that you have the right to grant, to Need Worker a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Website and Need Worker (and its successor's) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your Submitted Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete the Submitted Content from the Website. You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve
Need Worker does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and Need Worker expressly disclaims any and all liability in connection with all Submitted Content. Need Worker does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Need Worker will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the "take down" notification procedure described in Section J below, that such Posting or Submitted Content infringes on another's intellectual property rights. Need Worker reserves the right to remove any Data or Submitted Content without prior notice. Need Worker will also terminate a user's access to the Website if he or she is determined to be a repeat infringer. A repeat infringer is a Website user who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the Website more than twice. Need Worker also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. Need Worker may remove such Submitted Content and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion. You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that Need Worker is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Need Worker with respect thereto, and agree to indemnify and hold Need Worker, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that Need Worker may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Need Worker, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Need Worker is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Need Worker is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
Copyright Infringement Take Down Procedure Need Worker has high regard for intellectual property and expects the same level of standard to be employed by its users. Need Worker may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at support@oyelazy.com
Need Worker reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that Need Worker shall not be liable to you or to any third party for any modification, suspension or discontinuance of Need Worker services. You hereby acknowledge and agree that Need Worker, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website ("Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if Need Worker believes or has reason to believe that you have violated any provision of the Terms of Use. You may cancel your use of the Website and/or terminate the Terms of Use with or without cause at any time by following the link in your Account under "Account Preferences" to "Deactivate Account." 4 Upon termination of your Account, your right to participate in the Website, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Website, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Website. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Need Worker system. Unless Need Worker has previously cancelled or terminated your use of the Website (in which case subsequent notice by Need Worker shall not be required), if you provided a valid email address during registration, Need Worker will notify you via email of any such termination or cancellation, which shall be effective immediately upon Need Worker delivery of such notice. Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Need Worker Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that Need Worker shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, Need Worker retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted Need Worker hereunder shall remain in effect for the foregoing purpose. In no event is Need Worker obligated to return any Submitted Content to you. Sections shall survive expiration or termination of the Website or your Account. You agree to indemnify and hold Need Worker and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.
The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Need Worker. Other trademarks, names and logos on this Website are the property of their respective owners. Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Need Worker reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein. The Website contains Need Worker Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and Need Worker owns and retains all rights in the Need Worker Data and Marks. Subject to these Terms of Use, Need Worker hereby grants you a limited, revocable, nontransferable, nonsublicensable license to reproduce and display the Need Worker Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Website. The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
Joining Need Worker, opening an Account, posting Services and viewing posted Services is free. Need Worker reserves the right at its sole discretion to charge fees to Service Professionals for other services that Need Worker may provide in the future. The Service Professionals shall be required to maintain a deposit in their accounts depending on the usage of the platform by the Service Professional. The Deposit amount shall be required to be maintained by the Service Professional to continue enjoying the ability to obtain requests from the Service Users. A part of the Deposits shall be reserved by Need Worker on receipt of the service request, which shall be subsequently refunded to the Service Professional, on completion of job. The Service Professional may also pay for the future procurement of products through such Deposits. The penal charges and the subscription fee, payable by the Service Professional shall be recovered from the Deposits amount. Further, the amount of unutilized Deposits shall be refunded to the Service Professional on deregistration from Need Worker platform. Need Worker may also in certain categories require Service Professionals to make payments for following up on job leads i.e. requests posted by Service Users, and permitting the Service Professional to contact the Service User (“Lead Fee") irrespective of whether the job leads eventually result in a transaction or exchange of consideration for the service requested. Need Worker offers premium services to Service Professionals for a fee and may in the future offer additional services, like tax preparation and bookkeeping that Service Professionals can also choose to purchase? Need Worker reserves the right to charge fees for these services at its sole discretion. For the invoice to be raised by Service Professional with respect to the services to be provided to the Service User, Need Worker shall prepare such invoice.
for the collection of rents and fees between a Service User and a Service Professional who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that Need Worker shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Professional. In case of unregistered Housekeeping services (‘HK services'), Need Worker shall pay taxes under Section 9(5) of Central Goods and Services Tax Act, 2017, on behalf of the Service Professional.
Each Registered User hereby acknowledges and agrees that Need Worker is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website. Each Registered User acknowledges, agrees and understands that Need Worker only seeks to provide a platform wherein the Service User and Service Professional can be brought together and Need Worker itself has not role in the execution or provision of Services.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Website, including without limitation, the Negotiation Worksheet or Agreement for Service. You do not have any authority whatsoever to bind Need Worker in any respect. All Service Professionals are independent contractors. Neither Need Worker nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
Subject to the provisions regarding disputes between Website participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, service professionals and Service Users. You understand that deciding whether to use the Services of a Service Professional or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible.
You understand that Need Worker does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While Need Worker may attempt to seek information about the background of a Service Professional, either via a telephonic or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, Instgram personalized website, LinkedIn, Twitter etc., you understand that Service Professionals may register themselves suo moto. You also understand that any so called background check undertaken by Need Worker is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the Service User should take an informed decision on his/her own accord and keep in mind the fact that Need Worker only seeks to provide a platform wherein Service Users and Service Professionals have an opportunity to meet each other. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SINCE Need Worker only seeks to provide a platform wherein the Service User and Service Professional can be brought together and Need Worker itself has not role in the execution or provision of Services.
ITSELF, NEED WORKER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE WEBSITE, OR BETWEEN REGISTERED USERS OR ANY WEBSITE USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT Need Worker IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE WEBSITE USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE NEED WORKER, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER.
Dispute Resolution If a dispute arises between you and Need Worker, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Need Worker hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Use or the Website in accordance with this Section O or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at support@needworker.in. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation
GOVERNING LAW The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in New Delhi, India. P Aspects of the Website and other Need Worker app services may be supported by advertising revenue. As such, Need Worker may display advertisements and promotions on the service. The manner, mode and extent of advertising by Need Worker on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by Need Worker of any advertised products or services. You agree that Need Worker shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website. Q The Website may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Website using your existing account and log-in credentials for such third-party websites. Certain areas of the Website may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Website to be shared with your contacts in your third-party site account.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND NEED WORKER AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NEED WORKER DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. NEED WORKER DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. NEED WORKER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF NEED WORKER, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO NEED WORKER BY YOU HEREUNDER. YOU HEREBY ACKNOWLEDGE AND AGREE THAT NEED WORKER SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEED WORKER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN WEBSITE USERS ENTERED INTO INDEPENDENTLY OF THE WEBSITE. THE WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY NEED WORKER. NEED WORKER DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. IN ADDITION, NEED WORKER WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE NEED WORKER FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD PARTY WEBSITE. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE WEBSITE.
Neither Need Worker nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Need Worker, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE WEBSITE; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE. IF YOU HAVE A DISPUTE WITH ONE OR MORE WEBSITE USERS, YOU FOREVER RELEASE Need Worker (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR ANY SUBMITTED CONTENT. THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY Need Worker WITHOUT RESTRICTION.
YOU AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS OF USE ,there shall be no third-party beneficiaries to the Terms of Use. You agree that Need Worker may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website. The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by Need Worker on the Website, shall constitute the entire agreement between you and Need Worker concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, Need Worker' failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.