Terms
|
Terms of Use This Agreement states the Terms and Conditions ("Terms of Use") that govern your access and use of the on-line service available at KAAM (the "Site") to post and/or search for Freelance job opportunities and to create and manage your profile (the "Services"). The terms "You" and "Freelancer" as used herein means the person (or the entity on whose behalf you are acting) who is agreeing to these Terms of Use. The terms "Company", "We", or "US" as used herein means KAAM LLC, the owner and operator of the Site and Services. Please read this page carefully as the Terms of Use are binding upon You. If you do not accept the Terms and Conditions stated here, do not use the Site or the Services. The Company may revise these Terms of Use at any time by updating this posting on the Site. You should visit this page periodically to review the Terms of Use which are binding on You. A violation of these Terms of Use may result in termination of your use of the Site and Services as well as other legal remedies. These Terms of Use include the CAD Nepal Pvt. LTD Privacy Policy, which is incorporated in its entirety into these Terms of Use by reference, to which You are indicating Your agreement and acceptance to be bound by the provisions thereof, by way of Your use of the Site or Services. DISCLAIMER KA.AM does not give any warranty or other assurance as to the operation, quality or functionality of the site. Access to the site may be interrupted, restricted or delayed for any reason. KA.AM also does not give any warranty or other assurance as to the jobs/projects and content of the material appearing on the site, its accuracy, completeness, timelessness or fitness for any particular purpose. To the full extent permissible by law, KA.AM & CAD Nepal disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Site or any material appearing on KA.AM, or from any action or decision taken as a result of using KA.AM or any such material. PROFILE AND CV INFORMATION You will be requested for a series of information for us to hold and use on the site. This will contain your Name and contact information, service categories, email alert categories, your CV, which can be uploaded or created online. Your information, or selected parts of the information, will be made available to be viewed and downloaded only on your sole discretion. You can choose to opt in and out of making your information available depending on your employment requirements from time to time. When you register with KA.AM, you will first register and provide a User Key and password. You will create your own User Profile and create your CV and we will store the information on our databases. You can update or delete any of the information at any time. Other users of KA.AM can be stopped from viewing your CV if you have not consented to this within the User Profile Settings section. It is your responsibility to ensure that your CV and contact details are kept up to date. You should update your CV ideally every 3 months but particularly if your contact details have changed and you are changing jobs or contract assignments. The Services In order to use the services of the site, you must first create an account and agree to these terms. Once the jobs or projects are posted to the Site, Freelancers & Job Seekers will be given the opportunity to bid and apply on such jobs. In order to apply or bid on a job, freelancer/job seeker must also create an account ("Freelancer"). Once Employer and a Freelancer reach agreement on the terms of a job or a project. You must manually accept the proposal. Upon acceptance of a proposal, Section 1. Acceptable Use of Site and Services. (a) General. The Site and Services may be used only for lawful purposes by individuals seeking jobs / freelance projects and persons or entities that are seeking candidates to complete such projects ("Project Posters"). Guidelines for use of the Site and Services are set forth below, and acceptable use(s) shall be determined by the KA.AM at its sole discretion. The Site provides You and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others ("Post" or "Postings"). Postings do not reflect the Company’s views; and We do not have any obligation to monitor, edit, or review any Postings on the Site. (b) Use by Freelancers. The Company hereby grants You the non-exclusive, non-transferable right to access and use the Site and Services solely for use in seeking jobs and freelance project opportunities for Yourself. The Company may suspend or terminate at any time and for any reason, at its sole discretion, Your use of the Site or Services. You may (i) post to and save on the Site your qualifications, profile, saved freelance jobs, saved freelance job searches, and other applicable information (collectively "Profile"), provided you are solely responsible for its content and any claims that may arise therefrom; and (ii) access freelance job Postings and copy or download from the Site a single copy of any freelance job posting, as defined below, for Your personal use. (c) Use by Employers. The Company hereby grants You the non-exclusive, non-transferable right to access and use the Site solely for your internal business use in seeking Professionals for freelance project / job opportunities offered directly by You, or those of your business or company ("Project Postings"). The Company may suspend or terminate at any time, and for any reason, at its sole discretion, Your use of the Site or Services. You may (i) post your freelance projects /job openings to the Site, provided you are solely responsible for its content and any claims that may arise therefrom; and (ii) access Profiles and copy or download from the Site a single copy of any Profile, as defined below, for your internal business use. (d) Communication Between Employers and Freelancers. You agree to use the Site including its message boards, private chat rooms and any other methods of communication that are available. Section 2. Eligibility. Use of the Site is void where prohibited. You must be at least eighteen (18) years of age to access or use the Site and/or use the Services in any manner. Your access or use of the Site represents and warrants to the Company that (a) You are at least 18 years of age; (b) that You have the right, authority and capacity to agree to and abide by these Terms of Use; (c) all registration information You submit is truthful and accurate and you will maintain the accuracy of such information; and (d) Your use of the Services does not violate any applicable law or regulation. You also represent and warrant to the Company that You will use the Site and/or the Services solely in accordance with all applicable laws and regulations. We reserve the right, in our sole discretion, to reject, refuse to post, or remove, any freelance posting (including private messages) by You, or to deny, restrict, suspend or terminate your access to all or any part of the Services, or your account, without warning if we determine, in our sole discretion, that you have violated these Terms of Use. Relationship Between Employer and Freelancers Each Freelancer and Employer acknowledges and agrees that they are each independent contractors. The Services performed by the Freelancer, its employees, agents or sub-contractors shall be as an independent contractor and nothing in the Terms of Use shall be deemed to create a partnership, joint venture, agency, employer-employee relationship or otherwise. The Employer and Freelancer each covenants and agrees to act with good faith and fair dealing in performance of the Agreement. You acknowledge and agree that the value, reputation, and goodwill of the Site depend on Your performance of the foregoing. Accordingly, You agree that Company has the right to take such actions with respect to the Freelance Agreement, including without limitation suspension, termination, or legal actions, as Company in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site. Taxes, Reporting and Legal Responsibilities Each Freelancer and Employer is solely responsible for satisfying any income tax, VAT, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of Services from and by independent contractors. Section 3. Registration, Password and User Information. Your Site login and password may only be used by You to gain access to the Site and must not be shared with others. You are solely responsible for maintaining your Site login and password as confidential. Upon becoming aware of any unauthorized use of your login and password, You shall immediately notify the Company. Section 4. Payment Terms Authorized Payments are Final You agree to pay for any amounts which you authorize us to charge against your Account and, as appropriate, any other forms of payment. Such payments, once authorized, are FINAL. Employers hereby consent to solely make all payments to Freelancers, for any and all freelance projects/jobs. Employer acknowledges and agrees that it is not entitled to dispute resolution procedures if payment is not made through the Site. Freelancers acknowledge and agree that a Employer is not obligated to pay for any freelance project/job unless it originated through this Site. Freelancer acknowledges and agrees that it is not entitled to dispute resolution procedures if payment is not made through the Site. |
|
Latest Jobs