- Hirely’s Platform focuses in bringing together Service Users and Service Vendors to enable the Service User to create a unique event by comparing Service Vendors based on their business profile, portfolio, quote and reviews and hire the right one in just a few clicks. The Platform also allows Service Vendors who have limited reach, few resources or a shoestring marketing budget a unique and competitive niche to use the Platform to submit their Vendor profile and get job leads in an instant.
PART 1: PLATFORM TERMS
1. DEFINITIONS“Account” means a password-protected account created by a User to access and participates in certain features of the Platform.
“Platform” means Hirely’s website at http://www.hirelyevents.com.
“Hirely” means Hirely Ltd., Room 1107, 70 Queen’s Road Central, Crawford House, Central, Hong Kong.
“Service User” means any person or entity that uses the Platform to search for the best Service Vendor to organize and create their event.
“Service Vendor” any person or entity in Hong Kong who is engaged in a business of organizing or creating events and offers their vendor services through the Platform.
“User” means Service User or Service using or accessing the Platform in appropriate cases.
2. USE OF PLATFORMAs a condition of using the Platform, you warrant that at the time of your access to the Platform that:
(a) you are at least 18 years old as Service User or a business, partnership, corporation or entity legally allowed to do business as Service Vendor;
(b) you possess the legal authority to create a binding legal obligation under the applicable law;
(d) you will maintain the accuracy of such information; and
(e) your use of the Platform and Services offered through this Platform does not violate any
It shall be your responsibility to safeguard your Platform account information and will supervise and be completely responsible for any use of your account, including your Third-Party Site Password at all times. You hereby acknowledge and agree that Hirely will not be liable for your losses caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Hirely or others due to such unauthorized use.
PART 2: USER TERMS
A. JOB REQUEST AND QUOTEFor Service User
In searching for the best Service Vendor to organize or create your event, the Platform requires the Service User to submit a job request by answering the questions about their needs for the specific job.
For Service Vendor
Service Vendors will receive Job Requests in the category, field of work or service they provide from Service Users with the detailed requirements. Selected Service Vendor will have the opportunity to submit/send quotes which will include price estimate, business profile and portfolio, customer review (if any), personalized message, and such other relevant and useful information to aid the Service User in choosing the best service provider for that request.
Hiring the best Service Vendor
If the Service User accepts the quote of the Service Vendor after comparing all those who submitted/sent their quotes, the Service User may then hire the Service Vendor and can call or message them for more detailed information.
B. USE OF ACCOUNTYou acknowledge and agree that you shall comply with the following terms and policies regarding your account that:
- You will provide truthful, accurate and complete information when creating your Account and you will maintain the accuracy of such information throughout the use of the Platform.
- You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Platform for any purpose without Hirely's prior written approval.
- You shall not in any manual or automated manner, collect Service Vendors or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copy copyrighted text, or otherwise misuse or misappropriate Platform information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
- You shall not in any way transmit more request messages to the Hirely servers, or any server of a Hirely subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Hirely reserves the right to revoke these exceptions either generally or in specific cases.
- You shall not recruit, solicit, or contact in any form Service Vendors or Service Users for employment or contracting for a business not affiliated with Hirely without express written permission from Hirely.
- You shall not take any action that (i) unreasonably encumbers or, in Hirely's sole discretion, may unreasonably encumber the Platform's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation in the Platform; or (iii) bypasses Hirely's measures that are used to prevent or restrict access to the Platform.
- You agree not to collect, harvest or publish any personally identifiable data, including without limitation, names or other account information, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation purposes.
C. MEMBER CONDUCT
1. PROHIBITIONS ON SUBMITTED CONTENTYou shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Platform, including your profile ("Profile"), the posting of your Service ("Offer"), or the posting of any opinions or reviews in connection with the Platform, the Service, the Service Vendor, or the Service User ("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
- contains falsehoods or misrepresentations that could damage Hirely or any third party’s reputation;
- is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
- is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Hirely all of the license rights granted herein;
- contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacturer installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
- is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
- intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited to spamming; impersonates, uses the identity of, or attempts to impersonate a Hirely employee, agent, manager, host, another user, or any other person through any means;
- advertises or solicits a business not related to or appropriate for the Service, as determined by Hirely in its sole discretion;
- contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
- contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
- distributes or contains viruses or any other technologies that may harm the Platform or Hirely, or the interests or property of Hirely users;
- is non-local or irrelevant content; or
- for content in Offers specifically, contains any content that overtly damages the Service User experience, including but not limited to requests to download non-Hirely mobile applications and/or links that direct the user to "mirrored" websites where the user must enter information that is redundant with what has already been entered on Hirely.
In connection with the above prohibited acts, you acknowledge that:
- In order to protect the integrity of the Services, we also reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing and using the Services.
2. PROHIBITIONS ON SENDING MESSAGESYou will not send messages to other users containing:
- offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or
- unsolicited advertising or marketing of a service not offered on the Platform or an external website.
3. PROHIBITIONS WITH RESPECT TO SERVICESBy offering services through the Platform, Service Vendors hereby represent and warrant that they, their employees, agents, contractors, subcontractors or employees who may perform work for them, are properly and fully licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their services and in relation to the specific job they are performing. Hirely may review license information provided by Service Vendors either in our discretion or at the request of the Service Vendor, but cannot guarantee the accuracy or completeness of any such information, or guarantee that a Service Vendor is qualified to perform any given service. It is solely the responsibility of each Service User to determine whether a given Service Vendor is qualified and capable of rendering services to them.
While using the Platform, you shall not:
- post content or items in any inappropriate category or areas on the Platform;
- fail to deliver payment for Services purchased by you, unless the Service Vendor has materially changed the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Vendor's identity;
- fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User's identity; manipulate the price of any Service or interfere with other users' Postings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to Hirely; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Platform user); or
- take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Platform or using it for purposes unrelated to the Platform).
4. FEEDBACKAs a participant in the Platform, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback:
(a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided;
(b) leaving Feedback in order to make the Service Vendor or Service User appear better than he or she actually is or was; and
(c) including conditions in an Offer that restrict a Service Vendor or a Service User from leaving Feedback. The foregoing list of prohibitions provide examples and are not complete or exclusive.
Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, Hirely, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.
Reporting Inappropriate Use of Feedback. You may contact Hirely regarding any inappropriate use of Feedback via email at firstname.lastname@example.org
Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Platform concerning Feedback, Hirely shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE PLATFORM CONCERNING FEEDBACK, HIRELY HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFOR.
Hirely reserves the right to terminate your access to your Account or your ability to post to this Platform (or the Services) and refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Hirely determines is inappropriate or disruptive to this Platform or to any other user of this Platform and/or Services. Hirely reserves the right to restrict the number of emails or other messages that you are allowed to send to other users to a number that Hirely deems appropriate in Hirely's sole discretion. Hirely may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Hirely's discretion, Hirely will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform or on the Internet. Hirely does not and cannot review every Posting posted to the Platform. These prohibitions do not require Hirely to monitor, police or remove any Postings or other information submitted by you or any other user.
5. Additional Rules for Local Service Vendors
A. SUBMIT A VENDOR PROFILE.Service Vendors shall endeavor to respond the inquiries of Service Users about their Vendor services as soon as possible. In addition to the other requirements provided in this Agreement, Service Vendors shall submit their scanned official ID or passport picture or business registration to Hirely for background check and for any and whatever legal purpose it may serve.
(a) list Services or Offers relating to any Service in a category that is inappropriate to the Service they are offering;
(b) misrepresent the location at which they will provide a Service;
(c) include brand names or other inappropriate keywords in their Profile, Offer, Feedback, or any other title or description relating to a Service; or
(d) use misleading titles that do not accurately describe the Service.
(a) offer a catalog or a link to a third-party website from which Service Users or any Registered User or user of the Platform may obtain the Service directly;
(b) exceed multiple Posting limits;
(c) post a single Service but offer additional identical services in the Service description;
(d) charge fees for traveling further than desired to provide the Service;
(e) offer the opportunity through Hirely to purchase the Service or any other service outside of Hirely;
(f) use their Profile page or user name to promote services not offered on or through the Platform and/or prohibited services.
E. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE VENDORSIf a Service Vendor violates any of the above-referenced rules in connection with his or her Posting, Hirely, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Vendor's Account privileges; (c) suspend the Service Vendor's Account; (d) cause the Service Vendor to forfeit any fees earned on a canceled Posting; and/or (e) decrease the Service Vendor's status earned via the Feedback page.
F. Additional Rules for Service Users
1. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:(a) commit to purchasing or using a Service without paying;
(b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service;
(c) agree to purchase a Service when you do not meet the Service Vendor's terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or
(d) misuse any options made available now or in the future by Hirely in connection with the use or purchase of any Service.
2. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERSIf a Service User violates any of the above-referenced rules in connection with his or her Posting, Hirely, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User's Account privileges; (c) suspend the Service User's Account; and/or (d) decrease the Service User's status earned via the Feedback page.
G. Use of Submitted Content
1. NO CONFIDENTIALITYYou agree that any Submitted Content provided by you, whether or not such Submitted Content is published to the Service, is provided on a non-proprietary and non-confidential basis and you authorize Submitted Content to be made available in a searchable format to Registered Users with access to the Platform. You agree that Hirely shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
You acknowledge and understand that the technical processing and transmission of the Platform, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
B. You acknowledge and understand that when using the Platform, you will be exposed to Submitted Content from a variety of sources, and that Hirely is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Hirely with respect thereto, and agree to indemnify and hold Hirely, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Platform.
H. Mandatory Third-Party Verification ServicesHirely uses a variety of tools in an effort to make the Platform as safe as possible for Service Vendors and Service Users. Among these tools are mandatory third-party verifications of Vendors.
By registering as a Service Vendor on the Platform, you do hereby consent to allow Hirely to perform third-party verifications, using information you provide, to verify your identity and evaluate your character and general reputation as a Service Vendor. You acknowledge and understand that Hirely may review the information provided by the third-party verification services and, after reviewing the results, may take whatever actions it deems necessary in its sole discretion with respect to your Account. Do not register as a Service Vendor on Hirely if you do not want Hirely to verify you using third-party service providers. You hereby authorize Hirely to verify your representations and warranties, including, but not limited to, those made upon registration by providing information to Hirely, and you acknowledge that Hirely reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HIRELY FROM ANY LOSS OR LIABILITY THAT MAY RESULT FROM ANY THIRD- PARTY SCREENS. In addition, you do hereby understand and expressly agree that Hirely does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification services or the information provided by them. Hirely retains the right to request any further information from you to conduct additional screens and the right to require additional screens, as deemed necessary based on our initial verifications, and the right to terminate your Account based on the information provided by these third-party verification services.
I. Optional Third-Party Verification ServicesIn addition to the mandatory checks described above, Hirely offers Service Vendors the ability to opt into several verifications that may reflect on their trustworthiness to Service Users.
J. Modifications to or Termination of Platform
A. MODIFICATION OR CESSATION OF PLATFORMHirely reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that Hirely shall not be liable to you or to any third party for any modification, suspension or discontinuance of Hirely services.
C. TERMINATION BY YOUYou may cancel your use of the Platform and/or terminate your Account with or without cause at any time.
Unless Hirely has previously canceled or terminated your use of the Platform (in which case subsequent notice by Hirely shall not be required), if you provided a valid email address during registration, Hirely will notify you via email of any such termination or cancellation, which shall be effective immediately upon Hirely's delivery of such notice.
Upon a Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Hirely Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that Hirely shall not be liable to you or any third party for any termination of your access to the Platform. Upon a Termination of Service, Hirely retains the right to use any data collected from your use of the Platform for internal analysis and archival purposes, and all related licenses you have granted Hirely hereunder shall remain in effect for the foregoing purpose. In no event is Hirely obligated to return any Submitted Content to you. Sections G, I, K, L, M, N, O, Q, R, S, T, U, V, W, and X, shall survive expiration or termination of the Platform or your Account.
K. Intellectual Property Rights
1. HIRELY OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE PLATFORMThe content on the Platform (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Hirely, subject to copyright and other intellectual property rights under Hong Kong laws and international conventions. Other trademarks, names and logos on this Platform are the property of their respective owners.
Data on the Platform is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Hirely reserves all rights not expressly granted in and to the Platform and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Platform for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Platform or the Data therein.
The Service may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
L. Hirely Fees
1. FEES INCURRED BY SERVICE VENDORSJoining Hirely, posting Professional Services and viewing Job Requests is free. Hirely adopts a commission fee model currently set at 10% of the full value of the service provided by the vendor for that request.
Hirely reserves the right to change the fee structure to Service Vendors in the future, and reserves the right to do so in its sole discretion providing 1-month notice to the vendors.
2. FEES INCURRED BY SERVICE USERSHirely currently charges Service Users no fees for transactions completed on the Platform between Service Users and Services Vendors. However, Hirely reserves the right to charge a fee to Service Users in the future on a per-transaction basis, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after Hirely has provided you with fourteen (14) days' notice by posting the changes on the Platform.
4. TAXESYou understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Vendor who choose to enter into an Agreement for Service. Because local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisers, and that we cannot and do not offer tax advice to either Service Vendors or Service Users.
5. REFUND POLICYAll sales on Hirely require a 40% deposit. The deposit, unless otherwise stated in the vendor’s T&Cs, is refundable up to 7 days before a scheduled event. Hirely reserves the right not to refund the 10% Hirely service fee. The remainder of the payment is transacted on the day of the event.
M. Negotiation of Terms of Service; Disputes Between Registered Users
1. HIRELY IS NOT A PARTY TO ANY SERVICE CONTRACTEach Registered User hereby acknowledges and agrees that Hirely is NOT a party to any oral or written contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Platform.
3. RELATIONSHIP BETWEEN REGISTERED USERSSubject to the provisions regarding disputes between Platform participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Platform, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Service Vendors and Service Users.
You understand that deciding whether to use the Services of a Service Vendor or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers and/or Feedback, is your personal decision for which you alone are responsible. You understand that Hirely does not and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Platform and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. Hirely is not responsible for the interactions, transaction, or dealings between any Service Provider and Service User.
Notwithstanding the foregoing, you agree that Hirely shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any such transaction or dealings. If there is a dispute between participants on the platform, or between registered users or any platform user and any third party, you acknowledge and agree that Hirely is under no obligation to become involved. In the event that a dispute arises between you and one or more platform users, registered users or any third party, you hereby release Hirely, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the platform or any service provided thereunder.
P. AdvertisementsAspects of the Platform and other Hirely services may be supported by advertising revenue. As such, Hirely may display advertisements and promotions on the service. The manner, mode and extent of advertising by Hirely on the Platform are subject to change and the appearance of advertisements on the Platform does not necessarily imply endorsement by Hirely of any advertised products or services. You agree that Hirely shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Platform.
R. Disclaimer of WarrantiesYou agree that your use of the platform and services shall be at your own risk. To the fullest extent permitted by law, Hirely and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service vendors, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this platform, the services offered on or through this platform, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this platform, including without limitation the materials, data and submitted content of other users of this site or other third parties. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this platform, the services offered on or through this platform, data, materials, submitted content, and any information or material contained or presented on this platform is provided to you on an "as is," "as available" and "whereis" basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Hirely does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the platform or submitted content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform by any third party, any interruption or cessation of transmission to or from the platform, any defamatory, offensive, or illegal conduct of any third party, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the platform or submitted content posted, emailed, transmitted, or otherwise made available via the platform. Hirely does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the platform or any hyperlinked site or featured in any banner or other advertisement. Hirely will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third- party service vendors of products or services. As with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
S. Limitations of Liability
- 1. In no event shall Hirely, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service vendors, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) access to or use of the platform or any services offered by any service vendors via the platform, including services provided pursuant to an agreement formed independently of the platform, whether or not an agreement for service formed via the platform is in effect; (ii) errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the platform or submitted content; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform by any third party; (v) any interruption or cessation of transmission to or from the platform; (vi) any errors or omissions in any data, content, information, materials or substance of the platform or submitted content; (vii) any failed negotiations for a service, any disputes that arise during or after the negotiation of a service or the formation of a contract for a service, or any other dispute that arises between users of the platform; (viii) any defamatory, offensive, or illegal conduct of any third party; or (ix) any use of any data, marks, content, information, materials or substance of the platform or submitted content posted, emailed, transmitted, or otherwise made available on or through the platform, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Hirely is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
2. In no event shall the total, aggregate liability of Hirely, or any of the above-referenced respective parties, arising from or relating to the platform, and/or submitted content exceed the total amount of fees actually paid to Hirely by you
You hereby acknowledge and agree that Hirely shall not be liable for submitted content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. You further acknowledge and agree that Hirely shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from or relating to any contract between platform users entered into independently of the platform.
If you have a dispute with one or more platform users, you forever release Hirely (and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service vendors, suppliers, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the platform and/or any submitted content.
W. General Information
2. STATUTE OF LIMITATIONSYou agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Register As a Performer/Pro