User Agreement
User
Agreement
This
Agreement was last modified on 1 October 2022.
This
User Agreement describes the terms and conditions which you accept by using our
Website or our Services. We have incorporated by reference some linked
information.
In this User Agreement:
"Account"
means the account associated with your email address.
"Beneficiary"
means a User that purchases business provider Services or items from business
provider s or identifies a business provider through the Website. A User may be
both a Beneficiary and a business provider under this agreement.
"Contest"
means a contest that is promoted by a Beneficiary and in respect of which a
business provider can submit one or more entries via the Website.
"Contest
Brief" means the document setting out the scope of a Contest, including
but not limited to items such as a design brief.
"Contest
Handover", in respect of a Contest, means the agreement between the
Beneficiary and one or more winning business provider
(s)
under which each business provider will transfer to the Beneficiary ownership
of the winning entry or entries.
"Dispute
Resolution Process" means the process to be followed by Beneficiaries and
business provider s in accordance with the Dispute Resolution Services.
"Entrant"
means a business provider who has entered a Contest.
"Accounting
Club", "we", "our", "company" or "the
company" or "us” means Accounting Club
“Accounting
Club Enterprise" provides organizations access to a global workforce.
Accounting Club enables large organizations to accelerate their growth for
less.
"Verified
by Accounting Club” Users have been satisfactorily verified under the Know your
Customer and Identity Verification Policy.
"Inactive
Account" means a User Account that has not been logged into for a 6 month
period, or other period determined by us from time to time.
"Intellectual
Property Rights" means any and all intellectual property rights, existing
worldwide and the subject matter of such rights, including: (a) patents,
copyright, rights in circuit layouts (or similar rights), registered designs,
registered and unregistered trademarks, and any right to have confidential
information kept confidential; and (b) any application or right to apply for
registration of any of the rights referred to in paragraph (a), whether or not
such rights are registered or capable of being registered and whether existing
under any laws, at common law or in equity.
"Local
Job" or "Local Jobs" means a service we provide to match a
Beneficiary with a business provider in relation to the provision of location specific
services.
"Milestone
Payment" means a payment made by the Beneficiary for the provision of
business provider Services under a User Contract and which will be released in
accordance with the section "Milestone Payments" of these terms and
conditions.
"Project"
or "Listing" means a job offered or awarded by a Beneficiary via the
Website, which may include a Project or Contest listed by a Beneficiary, a
Project awarded by a Beneficiary, a service bought by a Beneficiary from a
business provider, and service awarded by a Beneficiary to a business provider
as a result of a Contest or competition hosted via the Website.
“Business
provider " means a User that offers and provides services or identifies as
a Sell business provider through the Website. A User may be both a Beneficiary
and a business provider under this agreement.
“business
provider Services" means all services provided by a business provider.
“Accounting
Club Services" means all services provided by us to you.
"User",
"you" or "your" means an individual /business who visits or
uses the Website, including via the API.
"User
Contract" means: (1) this User Agreement; (2) the Code of Conduct as
amended from time to time; (3) any other contractual provisions accepted by
both the business provider and Beneficiary uploaded to the Website, to the
extent not inconsistent with the User Agreement and the Code of Conduct; (4)
the Project terms as awarded and accepted on the Website, to the extent not
inconsistent with the User Agreement and the Code of Conduct; and (5) any other
material incorporated by reference from time to time.
"Website"
means the Websites operated by Fekra City and available at: AccountingClub.net
and any of its regional or other domains or properties, and
any related service, tool or application, specifically including mobile
web, any iOS App and any Android App, or API or other
access mechanism.
1. Overview
By
accessing the Website, you agree to the following terms with Accounting Club
/Fekra City.
We may
amend this User Agreement and any linked information from time to time by
posting amended terms on the Website, without notice to you.
The
Website is an online venue where Users buy and sell business provider Services
and items. Beneficiaries and business providers must register for an Account in
order to buy or sell business provider Services and/or items. The Website
enables Users to work together online to complete and pay for Projects, buy and
sell items and to use the services that we provide. We are not a party to any
contractual agreements between Beneficiary and business provider in the online
venue, we merely facilitate connections between the parties.
We
may, from time to time, and without notice, change or add to the Website or the
information, products or services described in it. However, we do not undertake
to keep the Website updated. We are not liable to you or anyone else if any
error occurs in the information on the Website or if that information is not
current.
2. Scope
Before
using the Website, you must read the whole User Agreement, the Website policies
and all linked information.
You
must read and accept all of the terms in, and linked to, this User Agreement,
the Code of
Conduct, the Accounting Club Privacy Policy and
all Website policies. By accepting this User Agreement as you access our
Website, you agree that this User Agreement will apply whenever you use the
Website, or when you use the tools we make available to interact with the
Website. Some Websites may have additional or other terms that we provide to
you when you use those services.
3. Eligibility
You
will not use the Website if you:
1. are not able to form
legally binding contracts;
2. are under the age of 16;
3. a person barred from
receiving and rendering services under the laws of Egypt or other applicable
jurisdiction;
4. are suspended from using
the Website; or
5. Do not hold a valid
email address.
All
free user accounts are associated with individuals. Login credentials should
not be shared by users with others. The individual associated with the account
will be held responsible for all actions taken by the account, without
limitation.
Subject
to your local laws, a person over 15 but under 18 can use an adult's account
with the permission of the account holder. However, the account holder is
responsible for all actions taken by the account, without limitation.
Users
may provide a business name or a company name, which is associated with the
User's Account. Users acknowledge and agree that where a business name or
company name is associated with their Account, this User Agreement is a
contract with the User as an individual (not the business or company) and Users
remain solely responsible for all activity undertaken in respect of their
Account.
A
company, corporation, trust, partnership or other non-individual corporate
entity may be a User subject to an eligible corporate account which pays
corporate subscriptions.
We
may, at our absolute discretion, refuse to register any person or entity as a
User.
You
cannot transfer or assign any rights or obligations you have under this
agreement without prior written consent.
4. Using Accounting Club
While
using the Website, you will not attempt to or otherwise do any of the
following:
1. post content or items in
inappropriate categories or areas on our Websites and services;
2. infringe any laws, third
party rights or our policies, such as the Code of
Conduct;
3. fail to deliver payment
for services delivered to you;
4. fail to deliver business
provider Services purchased from you;
5. circumvent or manipulate
our fee structure, the billing process, or fees owed to Fekra City;
6. post false, inaccurate,
misleading, deceptive, defamatory or offensive content (including personal
information);
7. take any action that may
undermine the feedback or reputation systems (such as displaying, importing or
exporting feedback information or using it for purposes unrelated to the
Website);
8. transfer your Accounting
Club account (including feedback) and Username to another party without our
consent;
9. distribute or post spam,
unsolicited, or bulk electronic communications, chain letters, or pyramid
schemes;
10.
distribute
viruses or any other technologies that may harm Accounting Club, the Website,
or the interests or property of Accounting Club users (including their
Intellectual Property Rights, privacy and publicity rights) or is unlawful,
threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane
or which may harass or cause distress or inconvenience to, or incite hatred of,
any person;
11.
download
and aggregate listings from our website for display with listings from other
websites without our express written permission, "frame",
"mirror" or otherwise incorporate any part of the Website into any
other website without our prior written authorisation;
12.
attempt
to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer
any software programs used by us in connection with the Website;
13.
copy,
modify or distribute rights or content from the Website or Accounting Club 's
copyrights and trademarks; or
14.
harvest
or otherwise collect information about Users, including email addresses,
without their consent.
15.
use
Accounting Club to facilitate money exchange including, but not limited to,
cryptocurrency (e.g. bitcoin, ethereum, etc).
5. Intellectual Property Rights Infringement
It is
our policy to respond to clear notices of alleged intellectual property rights
infringement. Our Copyright Infringement Policy is
designed to make submitting notices of alleged infringement to us as
straightforward as possible while reducing the number of notices that we
receive that are fraudulent or difficult to understand or verify. If you
believe that your Intellectual Property Rights have been violated, please
notify us via this link on
our Website and we will investigate.
6. Fees and Services
We
charge fees for certain services, such as introduction fees for Projects,
listing upgrades and memberships. When you use a service that has a fee, you
have an opportunity to review and accept the fees that you will be charged
based on our schedule of Fees and Charges,
which we may change from time to time and will update by placing on our
Website. We may choose to temporarily change the fees for our services for
promotional events (for example, discounts on memberships) or new services, and
such changes are effective when we post a temporary promotional event or new
service on the Websites, or as notified through promotional correspondence.
Unless
otherwise stated, all fees are quoted in Egyptian pound.
Referral Program
For a
limited promotional period, Accounting Club will provide site credits or
reduced fees limited to certain users as a reward for referrals of new
Beneficiary users. The promotion is based on existing users of the website
("Referrers") referring new Beneficiary users ("Referees")
with the intention to post their first job. In some cases, the credit may be
given in the form of coupon links or codes, where the Referrer in that case is
the website itself.
This
is subject to the following conditions:
1. The Referrer must be an
existing user of the Website.
2. All members of the
program, referrer and referees are subject to all other terms and conditions of
the website, which in case of dispute, are held above this section.
3. All members of the
program must be over the age of 16 years.
4. Referees must be referred
using the specific promotional links on https://www.accountingclub.net/giveor https://www.accountingclub.net/no-commission or
via links in email or other promotional correspondence specific to this
promotion.
5. Users may be asked to
provide verification of payment or other user information before receiving the
credit.
6. Any site credit that has
been given in relation to this promotion may expire at any time determined by
the Company.
7.
Referrers will receive credit when the relevant matching
Referee user fully releases a minimum of EGP 100 worth of milestone payments
with respect to a new Project, or awards the prize with respect to a new
Contest.
8. This site credit may
only be used for the purpose of establishing a milestone payment, funding a
prize for a new Contest, or payment of site Project or Contest fees.
9. Accounting Club reserves
the right to review classifications of Referees as new Beneficiaries for the
purpose of this promotion, to ensure fair use of this promotion. To be eligible
for this promotion, Referees must not have had any active account on Accounting
Club from which a payment was made within the six (6) months immediately prior
to creating the new account.
10.
Accounting
Club may require that both parties fill in and complete their profiles and/or
pass identity checks before payments are released.
11.
This
promotion may be withdrawn for a specific user or set of users, if significant
reversals, fraud or chargebacks are observed, if Accounting Club believes that
there is a risk of funds being subject to reversal or chargeback, in cases of
disputes between Referee and Referrer, or for any other reason.
12.
For
any specific Referrer user, Accounting Club may choose to cap the maximum value
of site credit accrued by an individual or collection of users.
13.
Accounting
Club reserves the right to disallow use of this promotion in its sole and
absolute discretion, with respect to fair use of this promotion, or to prevent
any suspected fraud.
14.
Accounting
Club reserves the right to require submission of further information from any
party applying to make use of this promotion, for investigating fraud and for
risk management and related purposes, in particular to request evidence of bona
fide work being done in relation to any Project or Contest funded with the site
credit.
15.
Accounting
Club reserves the right to cancel or amend this promotion at any time.
16.
Accounting
Club reserves the right to cancel the promotion in any region if it is deemed
or becomes unlawful to offer the promotion to any resident of that region.
17.
Accounting
Club reserves the right to cap the total site credit available under the
program.
18.
Any
site credit may not be duplicated, sold, traded or transferred in any manner,
including but not limited to being withdrawn for cash.
19.
Accounting
Club reserves the right to reverse credit earned if it determines that the referrers
or referees are not acting as users of the site in good faith.
20.
Referrals
should have unique payment sources in order to qualify the parent for the
referral credit.
21.
Bonus
credit is only reserved for referring users who act at all times in good faith
and who signed up to the site with actual intent of using the website for its
intended purposes.
22.
Accounting
Club reserves the right to remove credit or remove users from participating in
the program if the company determines the users to be acting in bad faith and
are abusing the program.
23.
The
decisions of management are final. No correspondence will be entered into.
24.
Management,
employees of Accounting Club and its related companies are not eligible to
participate in this program.
25.
Any
term or condition in these terms found to be void, unenforceable or illegal may
be severed and the remaining terms and conditions will continue in full force
and effect.
26.
Accounting
Club reserves the right to set the bonus credits for each individual referrer
and individual referral users and to release said bonus credit in any currency
the company sees fit.
27.
Accounting
Club is not liable for any loss or damage whatsoever which is suffered
(including but not limited to, direct or consequential loss) or for any
personal injury suffered or sustained in connection with entry into the
competition or acceptance of the prize.
Credit Promotions
This
section related to all promotions of free site credit provided under any
program, including but not limited to the Referral Program, and other site or
email promotions.
From
time to time, Accounting Club may provide site credits (for example EGP 500 off
your next project) limited to certain users as a promotion. In these cases, the
credit may be given in the form of coupon links or codes, emails, sms or
advertisements.
This
is subject to the following conditions:
1. All members of the
program are subject to all other terms and conditions of the website, which in
case of dispute, this section will prevail over.
2. All members of the
program must be over the age of 16 years.
3. Users may be asked to
provide verification of payment or other user information before receiving the
credit.
4. Any site credit that has
been given in relation to this promotion may expire at any time determined by
the Company.
5. Any site credit will
expire no longer than 30 days unless otherwise written on the promotion.
6. This site credit may
only be used for the purpose of establishing a milestone payment, funding a
prize for a new Contest, or payment of site fees including but not limited to
project fees, contest fees, upgrades and memberships.
7. Accounting Club may
require that redeeming users fill in and complete their profiles and/or pass
identity checks before payments are released.
8. This promotion may be
withdrawn for a specific user or set of users, if significant reversals, fraud
or chargebacks are observed, if Accounting Club believes that there is a risk
of funds being subject to reversal or chargeback, in cases of disputes, or for
any other reason.
9. For any specific user,
Accounting Club may choose to cap the maximum value of site credit accrued by
an individual or collection of related individuals.
10.
For
avoidance of any doubt, no individual or collection of related individuals may
accumulate more than EGP 100,000 of site credit.
11.
Accounting
Club reserves the right to disallow use of this promotion in its sole and
absolute discretion, with respect to fair use of this promotion, or to prevent
any suspected fraud.
12.
Accounting
Club reserves the right to require submission of further information from any
party applying to make use of this promotion, for investigating fraud and for
risk management and related purposes, in particular to request evidence of bona
fide work being done in relation to any Project or Contest funded with the site
credit.
13.
Accounting
Club reserves the right to cancel or amend this promotion at any time.
14.
Accounting
Club reserves the right to cancel the promotion in any region if it is deemed
or becomes unlawful to offer the promotion to any resident of that region.
15.
Accounting
Club reserves the right to cap the total site credit available under the
program.
16.
For
avoidance of any doubt, the total site credit available under any program is
capped to EGP 400,000.
17.
Any
site credit may not be duplicated, sold, traded or transferred in any manner,
including but not limited to being withdrawn for cash.
18.
Accounting
Club reserves the right to remove credit or remove users from participating in
the program if the company determines the users to be acting in bad faith and
are abusing the program.
19.
The
decisions of management are final. No correspondence will be entered into.
20.
Management,
employees of Accounting Club and its related companies are not eligible to
participate in this program.
21.
Any
term or condition in these terms found to be void, unenforceable or illegal may
be severed and the remaining terms and conditions will continue in full force
and effect.
22.
Accounting
Club reserves the right to set the bonus credits for each individual user and
to release said bonus credit in any currency the company sees fit.
23.
Accounting
Club is not liable for any loss or damage whatsoever which is suffered
(including but not limited to, direct or consequential loss) or for any
personal injury suffered or sustained in connection with entry into the
competition or acceptance of the prize.
7. Taxes
You
are responsible for paying any taxes, including any goods and services or value
added taxes, which may be applicable depending on the Egyptian law or the
jurisdiction of the services provided.
Depending
on your residency or location, you may be subject to certain ad valorem or
other taxes, on certain fees that we charge. These taxes will be added to fees
billed to you, if applicable.
You
acknowledge that you must comply with your obligations under income tax
provisions in Egypt.
8. Payment Administration Agent
You
acknowledge and agree that we may in our sole discretion, from time to time,
appoint our related bodies corporate, affiliates, or any other third party to
act as our agent to accept or make payments (including merchant facilities)
from or to Users on our behalf.
Such
affiliates may include, without limitation, Fekra city Ltd and Accounting Club
Egypt.
9. Promotion
We may
display your company or business name, logo, images or other media as part of
the Accounting Club Services and/or other marketing materials relating to the
Website, except where you have explicitly requested that we do not do this and
we have agreed to such a request in writing.
You
acknowledge that we may use the public description of your Projects and the
content of your profile information on the Website for marketing and other
related purposes.
10. Content
We do
not claim ownership to your User Content; however, you grant us a
non-exclusive, sublicensable, irrevocable and royalty-free worldwide license
under all copyrights, trademarks, patents, trade secrets, privacy and publicity
rights and other intellectual property rights to use, reproduce, transmit,
print, publish, publicly display, exhibit, distribute, redistribute, copy,
comment on, modify, adapt, translate, create derivative works based upon,
publicly perform, make available and otherwise exploit such User Content, in
whole or in part, in all media formats now known or hereafter devised and on
third-party sites and platforms in any number of copies and without limit as to
time, manner of frequency of use, without further notice to you, and without
the requirement of permission from or payment to you or any other person or
entity.
You
acknowledge and agree that: (1) we act only as a forum for the online
distribution and publication of User content. We make no warranty that User
content is made available on the Website. We have the right (but not the
obligation) to take any action deemed appropriate by us with respect to your
User content; (2) we have no responsibility or liability for the deletion or
failure to store any content, whether or not the content was actually made
available on the Website; and (3) any and all content submitted to the Website
is subject to our approval. We may reject, approve or modify your User content
at our sole discretion.
You
represent and warrant that your content:
1. will not infringe upon
or misappropriate any copyright, patent, trademark, trade secret, or other
intellectual property right or proprietary right or right of publicity or
privacy of any person;
2. will not violate any law
or regulation;
3. will not be defamatory
or trade libelous;
4. will not be obscene or
contain child pornography;
5. will not contain the
development, design, manufacture or production of missiles, or nuclear,
chemical or biological weapons
6. will not contain
material linked to terrorist activities
7. will not include
incomplete, false or inaccurate information about User or any other individual;
and
8. will not contain any
viruses or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or personal information.
Information
on the Website may contain general information about legal, financial, health
and other matters. The information is not advice, and should not be treated as
such. You must not rely on the information on the Website as an alternative to
professional advice. If you have specific questions about any matter you should
consult your professional adviser.
We
provide unmonitored access to third party content, including User feedback and
articles with original content and opinions (or links to such third party
content). We only act as a portal and have no liability based on, or related
to, third party content on the Website, whether arising under the laws of
copyright or other intellectual property, defamation, libel, privacy,
obscenity, or any other legal discipline.
The
Website may contain links to other third party websites. We do not control the
websites to which we link from the Website. We do not endorse the content,
products, services, practices, policies or performance of the websites we link
to from the Website. Use of third party content, links to third party content
and/or websites is at your risk.
In
relation to deletion or hiding of any information or content, using the Website
to delete, hide or otherwise dispose of information does not imply permanent
deletion of content or information. Information may be retained for a period of
time to fulfil record keeping, regulatory, compliance, statistical, law
enforcement and other obligations.
11. Feedback, Reputation and Reviews
You
acknowledge that you transfer copyright of any feedback, reputation or reviews
you leave consisting of comments and any rating(s) (e.g. quality, communication
etc.) together with any composite rating by us. You acknowledge that such
feedback, reputation and reviews belong solely to us, notwithstanding that we
permit you to use it on our Website while you remain a User. You must not use,
or deal with, such feedback, reputation and reviews in any way inconsistent
with our policies as posted on the Website from time to time without our prior
written permission.
You
may not do (or omit to do) anything that may undermine the integrity of the
Accounting Club feedback system. We are entitled to suspend or terminate your
Account at any time if we, in our sole and absolute discretion, are concerned
by any feedback about you, or your feedback rating, where we believe our
feedback system may be subverted.
Our
feedback ratings belong to us and may not be used for any purpose other than
facilitating the provision of business provider Services via the Website. You
may not use your business provider or Beneficiary feedback (including, but not
limited to, marketing or exporting your any or all of your composite rating(s)
or feedback comments) in any real or virtual venue other than a website operated
by Accounting Club or its related entities, without our written permission.
12. Advertising
Unless
otherwise agreed with us, you must not advertise an external website, product
or service on the Website. Any website address posted on the Website, including
in a listing, bid, listing description, clarification board or the message
board, must relate to a Project, Contest, item listed, user or service being
performed on the Website.
We may
display advertisements or promotions on the Website. You acknowledge and agree
that we shall not be responsible for any loss or damage of any kind incurred by
you as a result of the presence of such advertisements or promotions or any
subsequent dealings with third parties. Furthermore, you acknowledge and agree
that content of any advertisements or promotions may be protected by
copyrights, trademarks, service marks, patents or other intellectual property
or proprietary rights and laws. Unless expressly authorised by Accounting Club
or third party right holders, you agree not to modify, sell, distribute,
appropriate or create derivative works based on such advertisement/promotions.
13. Communication With Other Users
Communication
with other users on the Website must be conducted through the text, audio and
or video chat functionality, along with message boards, public clarification
boards, Project message board, direct message sending and other communication
channels provided on the Website.
You
must not post your email address or any other contact information (including
but not limited to Skype ID or other identifying strings on other platforms) on
the Website, except in the "email" field of the signup form, at our
request or as otherwise permitted by us on the Website.
Unless
you have a prior relationship with a User, you must only communicate with Users
via the Website. You must not, and must not attempt to, communicate with other
Users through any other means including but not limited to email, telephone,
Skype, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, GChat or Yahoo.
In
relation to video chat and audio chat, any terms agreed to between any Users
must be confirmed in writing using the chat or direct message function.
Accounting
Club may use information such as your name, location, display or username, and
or your image, in relation to the provision messaging services on the Website
or in the mobile apps.
We may
read all correspondence posted to the Website and download or access, and test
(if necessary), all uploaded files, programs and websites related to your use
of the Website for the purpose of investigating fraud, regulatory compliance,
risk management and other related purposes.
14. Identity / Know Your Customer
You
authorise us, directly or through third parties, to make any inquiries we
consider necessary to validate your identity. You must, at our request: (1)
provide further information to us, which may include your date of birth and or
other information that will allow us to reasonably identify you; (2) take steps
to confirm ownership of your email address or financial instruments; or (3)
verify your information against third party databases or through other sources.
You
must also, at our request, provide copies of identification documents (such as
your passport or driver's licence). We may also ask you to provide photographic
identification holding your identification together with a sign with a code
that we provide as an additional identity verification step. We also reserve
the right to request a video interview with you to validate this information,
your identity, your background and your skills.
We
reserve the right to close, suspend, or limit access to your Account, the
Website and/or Accounting Club Services in the event we are unable to obtain or
verify to our satisfaction the information which we request under this section.
We
reserve the right to update your particulars on the website in order to match
any identity documentation that has been provided. Disbursements such as wire
transfers from the website may only be made to the beneficiary matching your
provided identity documents and account information.
If you
are not Verified by Accounting Club you may not be able to withdraw funds from
your Accounting Club Account, and other restrictions may apply. See the Know
Your Customer and Identity Verification Policy for more details.
15. User Services
Upon
the Beneficiary awarding a Project or Contest to the business provider, and the
business provider's acceptance on the Website, or the purchase of an item by a
Beneficiary from the business provider, the Beneficiary and business provider
will be deemed to have entered into a User Contract under which the
Beneficiary
agrees to purchase, and the business provider agrees to deliver the business
provider Services. You agree not to enter into any contractual provisions in
conflict with the User Agreement.
You
are solely responsible for ensuring that you comply with your obligations to
other Users. If you do not, you may become liable to that User. You must ensure
that you are aware of any domestic laws (including common law), international
laws, statutes, ordinances and regulations relevant to you as a Beneficiary or
business provider, or in any other uses you make of the Website.
If
another User breaches any obligation to you, you are solely responsible for
enforcing any rights that you may have. For the avoidance of doubt, we have no
responsibility for enforcing any rights under a User Contract.
Depending
on their jurisdiction, business providers and Beneficiaries may have rights
under statutory warranties that cannot lawfully be excluded. Nothing in this
User Agreement is intended to override a right that by applicable law may not
be excluded. Nothing in this User Agreement is intended to violate any laws
relating to unfair contracts, and this agreement has been specifically
redrafted to ensure compliance with unfair contracts legislation. To the extent
that any component of this User Agreement is in conflict with inalienable
rights under local laws, all parties intend for this agreement to be read down
only insofar as to be in compliance with such local laws and no further.
Each
User acknowledges and agrees that the relationship between Beneficiaries and
business provider s is that of an independent contractor. Nothing in this User
Agreement creates a partnership, joint venture, agency or employment
relationship between Users. Nothing in this User Agreement shall in any way be
construed as forming a joint venture, partnership or an employer-employee
relationship between Accounting Club and any User.
16. Special Provisions for Local Jobs
Each
User acknowledges:
1. Accounting Club does not
review, approve, recommend or verify any of the credentials, licences or
statements of capability in relation to Local Jobs (or, for the avoidance of
doubt, any non Local Jobs on the Website);
2. Accounting Club provides
matchmaking and platform services only. Users agree that Accounting Club has no
liability for any other aspect of service delivery or interaction between
Beneficiary and business provider. Fekra City/ Accounting Club is not a party
to any disputes between Beneficiary and business provider, although we provide
a dispute resolution mechanism to assist the parties in resolving issues;
3. Accounting Club may from
time to time include map features and Accounting Club may display the location
of Users to persons browsing the Website on that map. Every Beneficiary seeking
services for Local Jobs will be asked to provide the location where the Local
Job is to be performed. You expressly agree that Accounting Club has no
liability for displaying such information.
4. A User must never
disclose, in any Project posted, personal details such as the User's name,
street number, phone number or the email address in any Project description for
a Local Job or in any other public communication on the Website (these may be
disclosed for Local Jobs as required in private direct messages);
5. Accounting Club may
collect location related data from you via technologies including but not
limited to GPS, IP address location, wifi, and by other methods. This data may
be shared in the context of facilitating services for Local Jobs and each User
specifically consents to this collection and sharing as part of this agreement;
6. Upon completion of a
Local Job Project, business provider User must log on to the Website and click
the "Complete" button for that Local Job, as soon as practicable.
7. Failure to complete the
service or task will constitute a breach of this User Agreement; and
8. Our fees are applied to
the amount of the awarded business provider 's bid to perform the services for
the Local Job. Any items purchased by the business provider as part of
performing the service are between the Beneficiary and business provider.
17. Funds
You
may have positive funds in your Account if you have prepaid for fees or charges
or for services to be provided to you via the Website. If you are a business
provider, you may have positive funds if you have successfully completed a
Project, or sold an item, and funds have been released to you. There are also
circumstances where funds may have been credited to your Account in relation to
an affiliate program or a referral program.
Funds
in your Account are held by us in our operating accounts held with financial
institutions. Funds in your Account are not held separately by us, and may be
commingled with our general operating funds, and/or funds of other User's
Accounts.
You
are not entitled to any interest, or other earnings for funds that are in your Account.
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.
If
your Account has negative funds, we may:
1. set-off the negative
amount with funds that you subsequently receive into your Account;
2. if you have funds in
multiple currencies in your Account and one of the currencies becomes negative
for any reason, we may set-off the negative amount against funds you maintain
in a different currency (at an exchange rate applied by us);
3. reverse payments you
have made from your Account to other User Accounts on the Website;
4. deduct amounts you owe
us from money you subsequently add or receive into your Account; or
5. immediately suspend or
limit your Account until such time as your Account no longer has a negative
amount.
In the
event that we offset a negative amount of funds pursuant to this section, it
may be bundled with another debit coming out of your Account.
We
reserve the right to collect any funds owed to us by any other legal means.
You
acknowledge and agree that:
1. we are not a bank or
other licensed financial institution and do not provide banking services or any
financial services to you;
2. the funds shown in your
Account (which may include Milestone Payments subject to Section 25, and/or any
prepayment of fees and charges which you owe to us) represents our unsecured
obligations to you with respect to your rights to direct us to make payment in
relation to the purchase and sale of business provider Services through the
Website and provision of the Accounting Club Services;
3. if you were a User
acquired in an acquisition and your account was migrated to the Website, we are
responsible for your positive funds only to the extent of the legal
documentation between us and any acquired marketplace, along with this agreement,
and you acknowledge specifically that the onus is on you to confirm the
validity of your fund, and that any understatement or misstatement in relation
to this is not a claim against us, and belongs with the counterparty of any
prior user agreement to which you agreed;
4. to the extent that we
are required to release funds from your Account to you, you will become our
unsecured creditor until such funds are paid to you;
5. we are not acting as a
trustee or fiduciary with respect to such funds or payments;
6. the amount of funds
showing in your Account is not insured and is not a guaranteed deposit;
7. funds may only loaded
into your Account, or released from your Account, by us and you must only use
the mechanisms available on the Website to pay for, or receive funds in respect
of business provider Services;
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;
9. we will hold funds in
respect of the amount of your Account (including Milestone Payments, subject to
Section 25) in an account held by us with a financial institution (or in any
manner that we decide in our sole discretion from time to time) and such funds
are not segregated into a separate account; and
10.
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 this User Agreement.
18. Limits & Fraud Prevention
We
reserve the right to suspend a User withdrawal request if the source of the
funds is suspected to be fraudulent.
If we
become aware that any funds received into an Account from another Account as a
result of a fraudulent transaction, this will be reversed immediately. If those
funds have already been released to you, you must pay the funds into your
Account. If you do not do so, we may suspend, limit or cancel your account, or
take action against you to recover those funds.
We
may, in our sole discretion, place a limit on any or all of the funds in your
Account (thereby preventing any use of the funds) if:
1. we believe there may be
an unacceptable level of risk associated with you, your Account, or any or all
of your transactions, including if we believe that there is a risk that such
funds will be subject to reversal or chargeback;
2. we believe that the
beneficiary of the payment is someone other than you;
3. we believe that the
payment is being made to a country where we do not offer our Service; or
4. we are required to do so
by law or applicable law enforcement agencies.
If you
are involved in a dispute, we may (in certain circumstances) place a temporary
limit on the funds in your Account to cover the amount of any potential
liability. If the dispute is resolved in your favour, we will lift the limit on
your funds and those funds may be released to you. If the dispute is not
resolved in your favour, we may remove the funds from your Account. We may also
place a limit on your account in circumstances where we suspect you of
fraudulent or other unacceptable behaviour, while we investigate any such
matter.
19. Refunds
You
may ask for a refund at any time for any funds that you have paid into your
Account except if the amount to refund relates to a Milestone Payment subject
to Section 25 or relates to fees or charges payable to us.
If the
amount the User has asked to refund relates to: (1) a Milestone Payment subject
to Section 25, the Dispute Resolution Process may be followed; or (2) our fees
and charges, the process set out in the Clause "Disputes with Us"
must be followed.
If we
agree to the refund, the funds will be received by the User via the same
payment method(s) that the User used to make the original payment to us.
We may
refund funds to Users irrespective of whether a User has requested funds be
refunded if: (1) we are required by law or consider that we are required by law
to do so; (2) we determine that refunding funds to the User will avoid any
dispute or an increase in our costs; (3) we refund funds to the User in
accordance with any refund policy specified by us from time to time; (4) we
find out that the original payment made by the User is fraudulent; (5) the User
made a duplicate payment in error; or (6) we consider, in our sole opinion,
that it is likely that the refund of funds is necessary to avoid a credit card
chargeback.
You
can request a refund by using our customer support website or emailing us at support@Accounting
Club.net. Once you have made a Milestone Payment subject to Section
25, you expressly agree to use the dispute resolution process in this
agreement, expressly agree to be bound by its ruling and expressly agree not to
initiate any chargeback request with your card issuer.
If you
initiate any chargeback request or other "Request for Information" or
similar process, you expressly agree and consent to us to share any and all
information in relation to your agreement of these terms and conditions, in
order to defeat any such chargeback request.
If you
have already initiated a chargeback request with your credit card issuer, you
must not request a refund of funds by contacting us and must not seek double
recovery.
If we
reasonably determine, having considered all the relevant circumstances, that you
have made an excessive or unreasonable number of requests to refund funds back
to you or chargebacks, we may suspend, limit or close your Account.
20. Withdrawals
Your
first withdrawal of funds earned may be delayed for up to fifteen days for
security and fraud purposes.
Subsequent
withdrawals may be delayed for up to fifteen days where our fraud prevention
policies require a delay.
We may
impose a minimum withdrawal amount for funds earned. This is set out in our
schedule of Fees and Charges. The
maximum you can withdraw per month is EGP 10,000 unless otherwise specifically
agreed with support.
We may
require you to be Verified by Accounting Club before you can withdraw funds
from your Accounting Club Account, irrespective of whether or not a delay has
been enforced. For details of how to become Verified by Accounting Club please
read the Know your
Customer and Identity Verification Policy.
You
acknowledge and agree that we may seek to verify your identity or request
additional information from you as part of our anti-fraud and Know Your
Customer policy, as outlined in the section on "Identity / Know Your
Customer" sections of this agreement.
21. Chargebacks
A
chargeback (being a challenge to a payment that a User files with their card
issuer or financial institution), and any subsequent reversal instruction, is
made by the payment product issuer or third parties (such as payment
processors) and not by us. We are bound to follow such instructions.
You
acknowledge and agree that we will be entitled to recover any chargebacks and
reversals that may be imposed on us by a payment product issuer or third
parties (such as payment processors) on funds paid to you by Beneficiaries
through the Website, as well as any processing or any other fees whatsoever
incurred by us on those chargebacks and reversals.
You
agree that we may reverse any such payments made to you, which are subject to
chargeback or reversal instruction via your payment product issuer or third
parties (such as payment processors). If you initiate any chargeback request or
other "Request for Information" or similar process, you expressly
agree and consent to us to share any and all information in relation to your
agreement of these terms and conditions, in order to defeat any such chargeback
request.
22. Inactive Accounts
User
Accounts that have not been logged into for a period of time will incur a
maintenance fee per month, until either the account is closed or reactivated,
for storage, bandwidth, support and management costs of providing hosting of
the User's profile, portfolio storage, listing in directories, promotion of
your profile on the Website and elsewhere, provision of the HireMe service,
file storage, message transmission, general administrative matters and message
and other storage costs.
The length
of the period and the amount of the maintenance fee is set out in our schedule
of Fees and Charges.
We
reserve the right to close an Inactive Account.
We
reserve the right to close an account with nil or negative funds.
23. Right to Refuse Service
We may
close, suspend or limit your access to your Account without reason. Without
limiting the foregoing, we may close, suspend or limit your access to your
Account:
1. if we determine that you
have breached, or are acting in breach of this User Agreement;
2. if you under-bid on any
Project in an attempt to renegotiate the actual price privately, to attempt to
avoid fees;
3. if we determine that you
have infringed legal rights (resulting in actual or potential claims),
including infringing Intellectual Property Rights;
4. if we determine that you
have engaged, or are engaging, in fraudulent, or illegal activities;
5. you do not respond to
account verification requests;
6. you do not complete
account verification when requested within 3 months of the date of request;
7. to manage any risk of
loss to us, a User, or any other person; or for other reasons.
If we
close your Account due to your breach of this User Agreement, you may also
become liable for certain fees as described in this User Agreement.
Without
limiting our other remedies, to the extent you have breached this User
Agreement, 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.
You
acknowledge and agree that: (1) the damages that we will sustain as a result of
your breach of this User Agreement 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; (2) if you breach this User
Agreement, we may fine you up to EGP 60,000 for each breach and/or we may take
legal action against you to recover losses that are in excess of the fine
amount; (3) a fine of up to EGP 60,000 is a presently reasonable pre-estimate
or minimum estimate of our damages, considering all currently existing
circumstances, including (without limitation) the relationship of the sum to
the range of harm to us that reasonably could be anticipated and the
anticipation that proof of actual damages may be impractical or extremely
difficult; and (4) we may release the entire (or part of the) amount of the
fine from your Account to us.
If we
close your Account for a reason other than as a result of your breach of this
User Agreement, unless as otherwise specified in this User Agreement, you will
be entitled to receive any payment due from us to you.
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.
24. Milestone Payments
Subject
to Section 25, we do not operate an escrow service in relation to the Website.
Fekra
City separately owns and operates a business known as Accounting Club.net - for
the avoidance of doubt this business is separate and there is no connection
between terms, conditions, products and services offered on Fekra City and
services offered on Accounting Club.net. We do however, provide a service on
this Website which allows controlled payments to be made with respect to a
service, called Milestone Payments.
Subject
to the User Contract, the Beneficiary can make a Milestone Payment subject to
Section 25, which will be locked from the Beneficiary's Account and cannot be
claimed by the Service provider until:
1. the Beneficiary and
Service provider agree that the funds can be claimed by the Service provider;
2. if there is a dispute,
the Beneficiary and Service provider have concluded the Dispute Resolution
Process and the Dispute is resolved in the Service provider 's favour;
3. the Beneficiary
instructs us to pay a Service provider for services performed by the Service
provider in0 respect of a Project or Contest; or
4. the Beneficiary
acknowledges that the Service provider has completed the services fully and
satisfactory.
If a
Beneficiary does not approve of the Service provider r's work product, the
parties may elect to resolve the issue under the Dispute Resolution Process.
If we
have not received any instructions or dispute from a Beneficiary or Service
provider in respect of a Milestone Payment within six months or any other
reasonable length of time after the day that the Milestone Payment was paid and
the Beneficiary has not logged into their Account during that time, the
Milestone Payment will be unlocked and released back to the Beneficiary.
25. Milestone Dispute Resolution Services
Accounting
Club offers Milestone Dispute Resolution Services to Users who have elected to
use the Milestone Payment feature. You agree and acknowledge that: (i)
Accounting Club is not providing legal services; (ii) Accounting Club will not
advise you regarding any legal matters; and (iii) if you desire to have legal
counsel, you will seek an independent legal counsel from those licensed to
practice law in your jurisdiction. You will not rely on Accounting Club for any
such counsel.
In the
event of a dispute between a Beneficiary and a Service provider regarding a
return or release of Milestone Payments, either Beneficiary or Service provider
may elect to use the Milestone Dispute Resolution Services offered by
Accounting Club as set out in the Milestone
Disputes Policy. The Beneficiary and Service provider
will then be notified that the matter will be addressed through Milestone
Dispute Resolution Services.
You
agree to indemnify and (to the maximum extent permitted by law) hold Accounting
Club and any of our affiliates harmless against any damages or liability you
may suffer as a result of using the Milestone Payments and/or Milestone Dispute
Resolution Services.
Accounting
Club will respond to disputes initiated by a Service provider or a Beneficiary
in accordance with the Milestone Dispute Resolution Services as set out in this
clause and the Milestone
Disputes Policy and in relation to disputes that
arise in relation to the provision of the venue, and the hosting of the Website
by Accounting Club as set out in the clause entitled Disputes with Us, along
with the approach to disclosing information in relation to chargebacks set out
in clauses 19 and 21 of this agreement.
27. Other Disputes With Users
You
acknowledge and agree that in the event that a dispute arises between you and
another User in relation to any Project that you will first attempt to resolve
any differences that you have in relation to such Project, including in
relation to the quality of the services provided.
If you
continue to have any difficulties or problems in relation to a dispute with
another User in relation to a Project we encourage you to contact us as set out
in the Clause entitled "Contacting us".
You
agree that any dispute that is not related to a Milestone Payment (which must
be dealt with in accordance with the Milestone
Disputes Policy) arising between you and another User
will be handled in accordance with this clause. Accounting Club will have full
rights and powers to make a determination for all such disputes. Upon receipt
of a dispute, Accounting Club shall have the right to request the Service
provider and the Beneficiary to provide documentation in support of their claim
or position in relation to the dispute. You agree that Accounting Club has
absolute discretion to accept or reject any document provided. You also
acknowledge that Accounting Club is not a judicial or alternative dispute
resolution institution and that we will make the determinations only as an
ordinary reasonable person. 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
Accounting Club 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.
In
relation to disputes with any other users of the Website, you hereby agree to
indemnify Accounting Club from any and all claims, demands, and damages, actual
and consequential, of every kind and nature, known and unknown, that is related
to such a dispute, our determinations or the use of the Milestone Dispute
Resolution Services for Milestone Payments and/or for Other Disputes.
The
Accounting Club Code of Conduct applies to all the services offered by
Accounting Club, including, but not limited to, the Milestone Dispute
Resolution Services. It is agreed by you that you will make every endeavour at
fair play and post reasonable and fair demands/offers on your dispute. No
conduct relating to threats, blackmail, intimidation or inducement of users to
leave positive feedback will be tolerated, in particular any refusal to provide
either deliverables or payment in relation to the provision of feedback.
A User
found to be in breach of the Code of Conduct during the Milestone Dispute
Resolution Service process 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. For
more information, read the Code of Conduct.
28. Disputes With Us
If a
dispute arises between you and Fekra City / Accounting Club, our goal is to
address your concerns immediately and, if we are unable to do so to your
satisfaction, to provide you with a means of resolving the dispute quickly. We
strongly encourage you to first contact us directly to seek a resolution by
emailing us at support@Accounting Club.net.
For
any claim, Accounting Club may elect to resolve the dispute in a cost effective
manner through binding non-appearance-based arbitration. If Accounting Club
elects 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 Accounting Club will provide to you. The ADR
provider and the parties must comply with the following rules: a) 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; b) the arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise mutually agreed by the
parties; and c) any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction.
All
claims you bring against Accounting Club 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, Accounting
Club may recover its legal fees and costs (including in-house lawyers and
paralegals), provided that Accounting Club has notified you in writing of the
improperly filed claim, and you have failed to promptly withdraw the claim.
You
agree that you will not pursue any claims arising under this User 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.
If any
proceeding by or against you is commenced under any provision of any bankruptcy
or insolvency law, Accounting Club 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.
Accounting
Club's 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.
29. Currencies
Some
of the Websites will display rates in the local currency of that Website, in
addition to the actual amount. These rates are based on a conversion from the
originating currency using indicative market exchange rates. You understand and
agree that these rates are only indicative and the amount specified in the
origin currency is the actual amount.
As a
convenience service, you may withdraw funds from the Website in another
currency. If you wish to do so, you will be quoted an exchange rate which will
be available for the time specified, which you may choose to accept. We may
charge a fee for effecting the currency conversion transactions. This fee will
be embedded within the rate provided to you and the currency exchange will be
settled immediately.
We reserve
the right to reject any request for a conversion of currency at any time.
You
are responsible for all risks associated with converting and maintaining funds
in various available currencies, including but not limited to the risk that the
value of these funds will fluctuate as exchange rates change, which could
result in decreases in the value of your funds in aggregate. You must not use
(or attempt to use) the Website to engage in speculative trading, which could
result in substantial losses. We are not a financial services provider.
All
information included on the Website in respect of currency conversion is
general information only. Use of currency conversion is at your own risk.
Currency conversions are final and irreversible.
30. Survival and Release
This
agreement supersedes any other agreement between you and the Company. If any
part of this document is found to be unenforceable, that part will be limited
to the minimum extent necessary so that this document will otherwise remain in
full force and effect. Our failure to enforce any part of this document is not
a waiver of any of our rights to later enforce that or any other part of this
documents. We may assign any of our rights and obligations under this document
from time to time.
If
there is a dispute between participants on this site, or between users and any
third party, you agree that the Company is under no obligation to become
involved. In the event that you have a dispute with one or more other users,
you release the Company, its officers, employees, agents, and successors from
claims, demands, and damages of every kind or nature, known or unknown,
suspected or unsuspected, disclosed or undisclosed, arising out of or in any
way related to such disputes and/or our Services.
32.
Access and Interference
You
agree that you will not use any robot, spider, scraper or other automated means
to access the Website via any means, including for the avoidance of doubt
access to our API or
application programming interface, for any purpose without our express written
permission.
Additionally,
you agree that you will not:
1. take any action that
imposes or may impose (in our sole discretion, exercised reasonably) an
unreasonable or disproportionately large load on our infrastructure;
2. interfere with, damage,
manipulate, disrupt, disable, modify, overburden, or impair any device,
software system or network connected to or used (by you or us) in relation to
the Website or your Account, or assist any other person to do any of these
things, or take any action that imposes, or may impose, in our discretion, an
unreasonable or disproportionately large load on our infrastructure;
3. copy, reproduce, modify,
create derivative works from, distribute, or publicly display any content
(except for your information) from the websites without the prior express
written permission of Fekra City / Accounting Club and the appropriate third
party, as applicable;
4. interfere or attempt to
interfere with the proper working of the Websites, services or tools, or any
activities conducted on or with the Websites, services or tools; or
5. bypass our robot
exclusion headers or other measures we may use to prevent or restrict access to
the Website.
33. Closing Your Account
You
may close your Account at any time. The option is located in the Account
Settings.
Account
closure is subject to:
1. not having any
outstanding listings on the Website;
2. resolving any
outstanding matters (such as a suspension or restriction on your Account); and
3. paying any outstanding
fees or amounts owing on the Account.
We may
retain some of your personal information to satisfy regulatory requirements and
our own external obligations. Closing your account does not necessarily delete
or remove all of the information we hold.
34. Privacy
We use
your information as described in the Accounting Club Privacy
Policy. If you object to your information being transferred or
used in this way then you must not use our services. For the avoidance of
doubt, your name and personal details shall be used for identity purposes in
the normal course of conducting business in this online marketplace. This may
include on invoices and purchase orders including but not limited to between
transacting parties, including those automatically generated on awarding,
accepting and payment.
35. Indemnity
You
will indemnify us (and our officers, directors, agents, subsidiaries, joint
venturers and employees) against any claim or demand, including legal fees and
costs, made against us by any third party due to or arising out of your breach
of this Agreement, or your infringement of any law or the rights of a third
party in the course of using the Website and Accounting Club Services.
In
addition, we can apply any funds in your Account against any liabilities you
owe to us or loss suffered by us as a result of your non-performance or breach
of this User Agreement.
36. Security
You
must immediately notify us upon becoming aware of any unauthorised access or
any other security breach to the Website, your Account or the Accounting Club
Services and do everything possible to mitigate the unauthorised access or
security breach (including preserving evidence and notifying appropriate
authorities). Your User Account is yours only, and you must not share your
password with others. You are solely responsible for securing your password. We
will not be liable for any loss or damage arising from unauthorised access of
your account resulting from your failure to secure your password.
37. No Warranty as to Each User's Purported Identity
We
cannot and do not confirm each User's purported identity on the Website. We may
provide information about a User, such as a strength or risk score,
geographical location, or third party background check or verification of
identity or credentials. However, such information is based solely on data that
a User submits and we provide such information solely for the convenience of
Users and the provision of such information is not an introduction, endorsement
or recommendation by us.
38. No Warranty as to Content
The
Website is a dynamic time-sensitive Website. As such, information on the
Website will change frequently. It is possible that some information could be
considered offensive, harmful, inaccurate or misleading or mislabelled or
deceptively labelled accidentally by us or accidentally or purposefully by a
third party.
Our
Services, the Website and all content on it are provided on an 'as is', 'with
all faults' and 'as available' basis and without warranties of any kind either
express or implied. Without limiting the foregoing, we make no representation
or warranty about:
1. the Website or any
Service provider Services or Accounting Club Services;
2. the accuracy,
reliability, availability, veracity, timeliness or content of the Website or
any Service provider Services or Accounting Club Services;
3. whether the Website or
Service provider Services or Accounting Club Services will be up-to-date,
uninterrupted, secure, error-free or non-misleading;
4. whether defects in the
Website will be corrected;
5. whether the Website, the
Service provider Services or the Accounting Club Services or any data, content
or material will be backed up or whether business continuity arrangements are
in place in respect of the Website, Service provider Services or Accounting
Club Services;
6. any third party
agreements or any guarantee of business gained by you through the Website,
Service provider Services or Accounting Club Services or us; or
7. the Website, Service
provider Services or Accounting Club Services or infrastructure on which they
are based, being error or malicious code free, secure, confidential or
performing at any particular standard or having any particular function.
To
every extent permitted by law, we specifically disclaim any implied warranties
of title, merchantability, fitness for a particular purpose, quality,
suitability and non-infringement.
39. Limitation of Liability
In no
event shall we, our related entities, our affiliates or staff be liable,
whether in contract, warranty, tort (including negligence), or any other form
of liability, for:
1. any indirect, special,
incidental or consequential damages that may be incurred by you;
2. any loss of income,
business or profits (whether direct or indirect) that may be incurred by you;
3. any claim, damage, or
loss which may be incurred by you as a result of any of your transactions
involving the Website.
The
limitations on our liability to you above shall apply whether or not we, our
related entities, our affiliates or staff have been advised of the possibility
of such losses or damages arising.
Notwithstanding
the above provisions, nothing in this User Agreement is intended to limit or
exclude any liability on the part of us and our affiliates and related entities
where and to the extent that applicable law prohibits such exclusion or
limitation .
To the
extent that we are able to limit the remedies available under this User
Agreement, we expressly limit our liability for breach of a non-excludable
condition or warranty implied by virtue of any legislation to the following
remedies (the choice of which is to be at our sole discretion) to the supply of
the Accounting Club services again or the payment of the cost of having the
Accounting Club services supplied again.
40. Legal Limitations
As
some jurisdictions do not allow some of the exclusions or limitations as
established above, some of these exclusions or limitations may not apply to
you. In that event, the liability will be limited as far as legally possible
under the applicable legislation.We may plead this User Agreement in bar to any
claim, action, proceeding or suit brought by you, against us for any matter
arising out of any transaction or otherwise in respect of this User Agreement.
You
and we agree that you and we will only be permitted to bring claims against the
other only on an individual basis and not as a plaintiff or class member in any
purported class or representative action or proceeding. Unless both you and we
agree otherwise, the arbitrator may not consolidate or join more than one
person's or party's claims and may not otherwise preside over any form of a
consolidated, representative, or class proceeding. In addition, the arbitrator
may award relief (including monetary, injunctive, and declaratory relief) only
in favour of the individual party seeking relief and only to the extent
necessary to provide relief necessitated by that party's individual claim(s).
Any relief awarded cannot affect other Users.
41. Notices
Legal
notices will be served or to the email address you provide to Accounting Club
during the registration process. Notice will be deemed given 24 hours after
email is sent, unless the sending party is notified that the email address is
invalid or that the email has not been delivered. Alternatively, we may give
you legal notice by mail to the address provided by you during the registration
process. In such case, notice will be deemed given three days after the date of
mailing.
Any
notices to Accounting Club must be given by registered ordinary post (or if
posted to or from a place outside Australia, by registered airmail).
42. Law and Forum for Legal Disputes
This Agreement will be governed in all respects by the laws
of Egypt, We encourage you to try and resolve disputes using certified
mediation (such as online dispute resolution processes). If a dispute cannot be
resolved then you and Accounting Club irrevocably submit to the non-exclusive
jurisdiction of the courts of Arab Republic of Egypt
43. Severability
The
provisions of this User Agreement are severable, and if any provision of this
User Agreement is held to be invalid or unenforceable, such provision may be
removed and the remaining provisions will be enforced. This Agreement may be
assigned by us to an associated entity at any time, or to a third party without
your consent in the event of a sale or other transfer of some or all of our
assets. In the event of any sale or transfer you will remain bound by this User
Agreement.
44. Interpretation
Headings
are for reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section.
45. No Waiver
Our
failure to act with respect to an anticipated or actual breach by you or others
does not waive our right to act with respect to subsequent or similar breaches.
Nothing in this section shall exclude or restrict your liability arising out of
fraud or fraudulent misrepresentation.
46. Communications
You
consent to receive notices and information from us in respect of the Website
and Services by electronic communication. You may withdraw this consent at any
time, but if you do so we may choose to suspend or close your Account.
47. Additional Terms
It is
important to read and understand all our policies as they provide the rules for
trading on the Accounting Club Website. In addition there may be specific
policies or rules that apply, and it is your responsibility to check our Help
pages and policies to make sure you comply. Our policies, including all
policies referenced in them, are part of this Agreement and provide additional
terms and conditions related to specific services offered on our Websites,
including but not limited to:
·
Milestone Dispute Resolution
Policy
·
Know Your Customer and ID
Verification Policy
·
Copyright
Infringement Policy
Each
of these policies may be changed from time to time. Changes take effect when we
post them on the Accounting Club Website. When using particular services on our
Website, you are subject to any posted policies or rules applicable to services
you use through the Website, which may be posted from time to time. All such
policies or rules are incorporated into this User Agreement.
48. General
Accounting
Club International Pty Limited is located at Level 37, Grosvenor Place, 225
George Street, Sydney NSW 2000, Australia.
This
Agreement contains the entire understanding and agreement between you and
Accounting Club. The following Sections survive any termination of this
Agreement: Fees And Services (with respect to fees owed for our services),
Release, Content, No Warranty As To Content, Limitation Of Liability,
Indemnity, Bar To Action, No Class Actions, Legal Limitations, and Disputes
With Us.
49. Abusing Accounting Club
Accounting
Club reserves to the greatest extent possible all rights, without limiting any
other remedies, to limit, suspend or terminate our service(s) and or user
account(s), suspend or ban access to our services, remove any content, and to
take any and all technical or legal steps to ban users.
Without
limiting the reasons for taking the aforementioned actions, conduct giving rise
to this response could include:
1. use of our services for
any illegitimate or non bona fide purpose
2. creating problems with
other users or potential legal liabilities
3. infringing the
intellectual property rights of third parties
4. acting inconsistently
with the letter or spirit of any of our policies
5. abuse of any staff
members including inappropriate or unreasonable communications
6. abuse or poor
performance in the Preferred Accounting Club Program
7. any attempt to use
Accounting Club's platform or services for any objectionable purpose
50. Feedback
If you
have any questions about this User Agreement or if you wish to report breaches
of this User Agreement, please contact us by using our customer
support website or emailing us at support@Accounting
Club.com.
