This Agreement was last modified on 20th November 2016.
This User Agreement describes the terms and conditions on which you are allowed to use our Website and our Services. We have incorporated by reference all linked information.
In This User Agreement:
“Account” means the account you open when you register on the Website.
“Buyer” means a User that investigates and purchases Seller Services or items from Sellers or identifies a Seller through the Website.
“Contest” means a contest that is solely promoted by a Buyer and in respect of which a Seller can submit an entry via the Website.
“Contest Brief” means the document setting out the terms and conditions which are to apply to a Contest.
“Contest Handover”, in respect of a Contest, means the agreement between the Buyer and winning Seller under which the Seller will transfer to the Buyer ownership of the winning entry.
“Dispute Resolution Process” means the process to be followed by Buyers and Sellers in accordance with the Dispute Resolution Services.
“Entrant” means an eligible Seller who has entered into a Contest.
“Outreach Zimbabwe Network”, “we”, “our”, or “us” means Outreach Zimbabwe Trust (MA0000521).
“Inactive Account” means a User Account that has not been logged into for a continuous 6 month period.
“Local Jobs” means a service we provide to match a Buyer who has tasks that need doing with a Seller who will provide the service based on the location of the Seller.
“Outreach Payment” means a prepayment made by the Buyer for the provision of Seller Services under a User Contract and which will be released in accordance with the section “outreach Payments” below.
“Project” or “Listing” means a job offered or awarded by a Buyer via the Website, which may include a Project or Contest listed by a Buyer, a project awarded by a Buyer, a service bought by a Buyer from a Seller, and service awarded by a Buyer to a Seller as a result of a Contest or competition hosted via the Website.
“Seller” means a User that offers and provides services or identifies as a Seller through the Website.
“Seller Services” means all services provided by Sellers.
“User”, “you” or “your” means an individual who visits or uses the website
“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 Seller and Buyer uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (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.
“Website” means the websites operated by Outreach Zimbabwe Network.
By accessing and/or using the Website, you agree to the following terms with Outreach Zimbabwe Network.
The Website is an online venue where Users buy and sell Seller Services and items. Buyers and Sellers must register for an Account in order to buy or sell Seller 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.
Before using the Outreach Zimbabwe Network Website, we recommend that you read the whole User Agreement, the Website policies and all linked information.
You will not use the Outreach Zimbabwe Network Website if you:
are not able to form legally binding contracts; or are under the age of 16; or are suspended from using the Outreach Zimbabwe Network Website.
Users may provide a business name or a company name, which is to be 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.
We may at our absolute discretion, refuse to register a person or corporate entity as a User.
4. Using Outreach Zimbabwe Network Professional
While using the Outreach Zimbabwe Network Website, you will not:
post content or items in inappropriate categories or areas on our websites and services;
infringe any laws, third party rights or our policies, such as the Code of Conduct;
fail to deliver payment for services delivered to you, unless the Seller has materially changed the Seller Service provided from the bid or a clear typographical error is made;
fail to deliver Seller Services purchased from you, unless the Buyer fails to meet the terms, materially alters the terms of the Seller Services from the listing;
Circumvent or manipulate our fee structure, the billing process, or fees owed to Outreach Zimbabwe Network.
post false, inaccurate, misleading, defamatory or offensive content (including personal information);
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided. These taxes will be added to fees billed to you, if applicable.
As we are a Trust organization incorporated in Zimbabwe, all fees earned by us from Zimbabweans Users will be subject to no tax on all fees. You must also comply with your obligations under income tax provisions in your jurisdiction.
8. Payment Administration Agent
You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate or a third party as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf. Such a third party will have the same rights, powers and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent’s negligence and/or acts beyond the authority given by Professional.
We may display your company or business name, logo, images or other media, and public description of your Projects and profile as part of Outreach Zimbabwe 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 request.
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. An example of a permissible website address would be a portfolio of work.
13. Communication With Other Users
You must not post your email address or other contact information 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, including by using the Project message board, inbox private messaging or chat facilities including Video Chat. Unless we provide a User’s contact information through a feature or function available through the Website, you must not, and must not attempt to, communicate with other Users in respect of Projects through any other means such as email, telephone, Skype, MSN Messenger, GTalk and Yahoo.
14. Right To Review
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 and for risk management and related purposes.
15. Identity / Know Your Customer
You authorize 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 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 drivers’ licence). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.
We reserve the right to close, suspend, or limit access to your Account, the Website and/or Outreach Zimbabwe Network Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
If you are not Outreach Zimbabwe Network verified you may not be able to withdraw funds from your account, and other restrictions may apply
16. User Services
Upon the Buyer awarding a project or contest to the Seller, and the Seller’s acceptance on the Website, or the purchase of an item by a Buyer from the Seller, the Buyer and Seller will be deemed to have entered into a User Contract under which the Buyer agrees to purchase, and the Seller agrees to deliver the Seller 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 Buyer or Seller, 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, Sellers and Buyers 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.
Each User acknowledges and agrees that the relationship between Buyers and Sellers 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 Outreach Zimbabwe and the User.
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 (e.g. paid a Outreach Payment using a stolen credit card) it 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:
we believe there may be a high 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 charge back;
we believe that the beneficiary of the payment is someone other than you;
we believe that the payment is being made to a country where we do not offer our Service; or we are required to do so by law.
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.
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 Outreach Payment or relates to fees or charges payable 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 emailing us at email@example.com. If you have done so, you must not initiate a chargeback request with your credit card issuer until such time as all reasonable efforts have been exhausted with us to resolve your 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.
There is no minimum amount for a refund.
Your first withdrawal of funds earned will be delayed for fifteen days for security and fraud purposes.
Subsequent withdrawals may be delayed for up to fifteen days where our fraud prevention policies dictate that a delay is required.We impose a minimum withdrawal amount for funds earned. This is set out in our schedule of Fees and Charges.
A charge back (being a challenge to a payment that a Buyer files directly with their credit card issuer) and a 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 their instructions.
You acknowledge and agree that we will be entitled to recover charge backs 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 Buyers through the Website.
You agree that we may reverse any such payments made to you, which are subject to charge back or reversal instruction via your payment product issuer or third parties (such as payment processors).
We do not operate an escrow service. We do however; provide a service which allows controlled payments to be made with respect to a service called Outreach Payments.
Subject to the User Contract, the Buyer can make a Outreach Payment, which will be locked from the Buyer’s Account and cannot be claimed by the Seller until:
the Buyer and Seller agree that the funds can be claimed by the Seller;
if there is a dispute, the Buyer and Seller have concluded the Dispute Resolution Process and the Dispute is resolved in the Seller’s favour;
the Buyer instructs us to pay a Seller for services performed by the Seller in respect of a project or contest; or
the Buyer acknowledges that the Seller has completed the services fully and satisfactory.
If a Buyer does not approve of the Seller’s work product, the parties may elect to resolve the issue under the Dispute Resolution Process.
If we have not received any instructions from a Buyer in respect of a Milestone Payment within six months after the day that the Milestone Payment was paid and the Buyer has not logged into their Account during that time, the Milestone Payment will be unlocked and released back to the Buyer.
Disputes With Us
If a dispute arises between you and Outreach Zimbabwe Network, our goal is to address your concerns 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 firstname.lastname@example.org.
For any claim, we may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration All claims you bring against Freelancer must be resolved in accordance with the terms of this Agreement.
Professional’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.
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.
Buyers can promote a Contest hosted on the Website by providing a Contest Brief and paying the Contest Prize in accordance to our instructions provided on the Website. A Buyer which promotes a Contest acknowledges and agrees that it is solely responsible for the operation and promotion of the Contest and warrants that it will comply with all applicable law in respect of the operation and promotion of the Contest. We have no liability for loss suffered by a User in connection with a Contest including but not limited to loss suffered (or penalties imposed) in connection with a contravention of law.
For avoidance of doubt, the Buyer has no right or licence to use any entries other than the winning entry/entries. The Buyer may not: (1) promote a Contest via the Website if the Buyer is hosting a similar contest through another service; (2) allow or request Sellers to submit entries to the Buyer via other means than the Website; and (3) award another Account that might be deemed as collusion or awarding another Account owned by the Buyer.
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access And Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission.
Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure; 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;copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the website’s without the prior express written permission of Freelancer and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the website’s, services or tools, or any activities conducted on or with the website’s, services or tools; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
Closing Your Account
You may close your Account at any time. The option is located in the Account Settings.
Account closure is subject to:
not having any outstanding listings on the Website; and resolving any outstanding matters (such as a suspension or restriction on your Account); and paying any outstanding fees owing on the Account.
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 Professional 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.
You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website.You is solely responsible for securing your password. We will not be liable for any loss or damage arising from unathourised access of your account resulting from your failure to secure your password.
No Warranty As To Content On The Website
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 mislabeled or deceptively labeled 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:
the Website or any Seller Services or Professional Services;
the accuracy, reliability, availability, veracity, timeliness or content of the Website or any Seller Services or professional Services;
whether the Website or Seller Services or Freelancer Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
whether defects in the Website will be corrected;
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.
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:
any indirect, special, incidental or consequential damages that may be incurred by you;
any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
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 staffs have been advised of the possibility of such losses or damages arising.
Bar To Action
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.
No Class Actions
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..
Legal notices must be served on Professional or to the email address you provide to Outreach Zimbabwe Network during the registration process (in your case). 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.
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.
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.
Outreach Zimbabwe is located at G.T Bain Centre, 55 king George Road Avondale Harare Zimbabwe
This Agreement contains the entire understanding and agreement between you and Outreach Zimbabwe Network. The following Sections survive any termination of this Agreement: Fees And Services (with respect to fees owed for our services).
If you have any questions or wish to report breaches of this User Agreement, please contact us by email at email@example.com.