This Agreement was last modified on 23rd February 2018.
This website, Project Shop is operated by Fussy Private Limited. Throughout the site, the terms “i”, “I”, “we”, “us” and “our” refer to Fussy Private Limited. Fussy Private Limited offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The website, Project Shop is an online platform where Users refer to both but not limited to Clients and Creatives, where Client (“Buyer”, “Employer” or “Project Creator”) buys from Creative (“Seller”,“Freelancer” or “Project Seeker”) their Services and/or items. Clients and Creatives must register for an Account in order to buy or sell Services and/or items. We are not a party to any contractual agreements between Client and Creatives in the online platform; we merely facilitate connections between the parties.
2. User Accounts
All 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.
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.
We may, at our absolute discretion, refuse to register any person or entity as a User, and/or remove any User from the platform with or without any prior notice or warning.
By registering for an account, you must complete a User profile, which you consent to be shown to other Users and, unless you change your privacy settings, the public. If you are a Creative, you represent and warrant that you use your Profile to market your services to others for the purpose of entering into independent contractor relationships with other Users. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide and to correct any information about your location, your business, your skills, or the services your business provides that is or becomes false or misleading. You agree not to register for more than one Client Account and one Creative Account without express written permission from us. You agree not to ask or allow another person to create an Account on your behalf, for your use, or for your benefit.
3. Using Project Shop
While using the platform, you will not attempt to or otherwise do any of the following:
4. Fees and Services
We charge fees for certain services, such as fees for PScrow Payment Services, dispute management, featured listings and custom services. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged accordingly, 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 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.
4.1 PScrow Payment
Payments done on Project Shop uses direct bank transfers and/or cheque payments. It provides custom services to Users to deliver, hold, or receive payment for an Engagement, and to pay service, membership and payment processing and administration fees to Project Shop.
Depending on your needs Project Shop will establish and maintain one of three different types of PScrow Accounts:
(a) Client PScrow Account. After entering into a Service Contract, the first time a Client makes a payment for an Engagement, PScrow will establish and maintain a “Client PScrow Account” to hold funds for the Client to use to make payments for Engagements, to receive refunds in connection with Engagements, and to make payments to Project Shop for payment processing and administration fees.
(b) Creative PScrow Account. After entering into a Service Contract, the first time a Creative uses the Site to receive payment for an Engagement, Project Shop will establish and maintain a “Creative PScrow Account” for the Creative to receive payments for Engagements, withdraw payments and service fees to Project Shop, and issue refunds to Client.
You hereby authorize and instruct Project Shop and Project Shop’s PScrow Payment to act as agent in connection with the PScrow Accounts and the payment, holding, and receipt of funds for each Engagement and other specified purposes in accordance with the Terms of Service and User Agreement.
4.2 Disbursements to Creatives
PScrow disburses funds that are payable to a Creative for the Engagement (less any applicable Project Shop fees) to Creatives within 45 days after the Creative Fees are due and payable from Client (or for amounts less than $100, also within 45 days after the Creative Fees are due and payable from Client). Creative agrees that it will not receive interest or other earnings on the funds held by Project Shop prior to disbursement to Creative.
For Hourly Contracts, funds become payable to Creatives following the expiration of the dispute period and the security period. For Fixed-Price Contracts, the Creative Fees become payable to Creatives following the expiration of the security period. The security period begins after Client accepts and approves work submitted by Creative by clicking the Make a Payment button. Project Shop may in their sole discretion, deviate from the typical billing cycle for Hourly Contracts and charge the Client for any and all Time Logs at any time.
Notwithstanding any other provision of the Terms of Service, and except as prohibited by applicable law, if we determine in our sole discretion that you have violated the conditions and restrictions of the Site, the Terms of Service or User Agreement, Project Shop may hold the disbursement of the Creative Fees. Additionally, Project Shop may also hold the disbursement of the Creative Fees if: (a) we require additional information, such as Creative’s tax information, government-issued identification, address, or date of birth; (b) we have reason to believe the Creative Fees may be subject to dispute or chargeback; (c) we suspect fraud; (d) we believe there are reasonable grounds for insecurity with respect to the performance of obligations under a Service Contract, this Agreement, or other Terms of Service; (e) we deem it necessary in connection with any investigation; or (f) required by applicable law.
In cases of fraud, abuse, or violation of the Terms of Service and User Agreement, Project Shop reserves the right to revoke any payments and instruct Project Shop to (and Project Shop will have the right to) hold and reclaim from Project Shop all Creative Fees due to Creative (not just the Creative Fees from the Service Contract(s) under investigation) unless prohibited by applicable law. In addition, we reserve the right to seek reimbursement from you, and you will reimburse us, if we suspect fraud or criminal activity associated with your payment, withdrawal, or Engagement; if we discover erroneous or duplicate transactions; or if we have supplied our services in accordance with this Agreement yet we receive any chargeback from the Payment Method used by you, or used by your Client if you are a Creative. You agree that we have the right to obtain such reimbursement by instructing Project Shop to (and Project Shop will have the right to) charge an applicable PScrow Account, and any other accounts you hold with us, offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, charging your Payment Method, or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements of chargebacks is cause for termination of the applicable PScrow Account and revocation of your access to the Site.
4.3 Service Fees
The fees to use the Site and Site Services are paid solely by the Creative for Project Based Commission Route. When a Client pays the Creative, or when funds related to an Engagement are otherwise released to a Creative, Project Shop will credit the Creative PScrow Account for the full amount paid or released, and then subtract and disburse to Project Shop the service fee. The Creative agrees to pay Project Shop the Service Fee for using the Site’s communication, invoicing, dispute resolution and payment services, including Payment Protection. The Creative also pays for Featured Profile Listings. When a Creative opts to have their profile featured, they will pay Project Shop the fees stated via direct bank transfer or cheque payment. Only upon Project Shop receiving the payment, will the featured listing be considered for approval.
The fees to use the Site and Site Services are also paid by the Client for Featured Project Listings. When a Client opts to have their project featured, they will pay Project Shop the fees stated via direct bank transfer or cheque payment. Only upon Project Shop receiving the payment, will the featured listing be considered for approval.
If Client fails to pay the Creative Fees or any other amounts due under the Terms of Service and/or User Agreement, whether by cancelling Client’s credit or debit card, initiating an improper chargeback, or any other means, Project Shop may suspend or close Client’s Account and revoke Client’s access to the Site, including Client’s authority to use the Site to process any additional payments, enter into Service Contracts, or obtain any additional Creative Services. Without limiting other available remedies, Client must pay Project Shop upon demand for amounts owed under the Terms of Service and/or User Agreement, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law. To the extent permitted by applicable law, FUSSY Private Limited, at our discretion, may set off amounts due against other amounts received from or held by Project Shop or PScrow Account for Client, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with credit reporting agencies and law enforcement authorities in any resulting investigation or prosecution.
4.5 Service Contract Terms
Unless otherwise expressly agreed to in writing by both Creative and Client, the default terms and conditions of the Service Contract that a Creative enters directly with a Client when the Creative agrees to provide Creative Services to the Client. Users may agree between them on any additional or different terms for their Service Contract as long as such terms do not and do not purport to affect the rights or responsibilities of Project Shop or violate the Terms of Service. Project Shop is not a party to any Service Contract by or between Users.
Users agree that the terms concerning the Service Contract described on the Site, including Creative Fees, rates, hours, and milestones, form part of the Service Contract. Users agree to obtain the consent of the other before making changes to the Service Contract by adding additional or different milestones or making other changes to the Service Contract on the Site. If consent of the other party is not first obtained, the other party may reject such changes by terminating the Service Contract or accept such changes by continuing to work on the Service Contract.
4.5 (a) Services
Creative will perform the Creative Services in a professional and workmanlike manner and will timely deliver any agreed upon deliverable. The manner and means of performing the Creative Services will be determined and controlled solely by Creative, which is engaged by Client as an independent contractor.
4.5 (b) Responsibility
The Creative and Client acknowledges and agree that Project Shop does not, in any way, supervise, direct, or control the Client or Creative; Project Shop does not set User contract terms (including determining whether the contract will be set at an hourly or fixed fee), fees, rates, work hours, work schedules, or location of work; Project Shop will not provide Users with training or any equipment, labor, or materials needed for a particular Service Contract; and Project Shop does not provide the premises at which the Users will perform the work.
4.5 (c) Dispute Resolution
With respect to disputes arising between Clients and Creatives, you agree to abide by the dispute resolution provisions set forth in the Escrow Instructions that apply to your particular Service Contract.
4.5 (d) Termination of a Service Contract
Under Hourly Contracts, either Client or Creative has the right to terminate the Service Contract after providing any required notice, or immediately on the end date specified in the Service Contract terms and/or upon completion of the Creative Services, in the event of a material breach, or with the consent of the other party. Except as required by law, Client remains obligated to pay the Creative Fees for any Creative Services provided prior to termination of the Hourly Contract.
Under Fixed-Price Contracts, once a Client’s Payment Method has been charged to fund the escrow account for the Engagement, absent a full refund to Client by Creative, the Service Contract does not terminate until the Creative Services are completed. However, either Client or Creative has the right to terminate a Fixed-Price Contract at any time with the consent of the other party or in the event of a material breach. If a Fixed-Price Contract is terminated, Client does not have the right to recover any payments already released to Creative from the escrow account for the Engagement.
4.5 (e) Intellectual Property Rights
We may display your company or business name, logo, images or other media as part of the Creative 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.
When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
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:
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.
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.
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 Project Shop or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
8. Communication with Other Users
Communication with other users on the Website must be conducted through the private message functionality 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, Facebook, Twitter, Instagram, Skype, WeChat or SnapChat.
Project Shop 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.
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 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 Project Shop 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 documentation that has been provided. Disbursements such as wire transfers from the website may only be made to the beneficiary matching your provided documents and account information.
10. User Services
Upon the Client awarding a Project to the Creative, and the Creative’s acceptance on the Website, or the purchase of an item by a Client from the Creative, the Client and Creative will be deemed to have entered into a User Contract under which the Client agrees to purchase, and the Creative agrees to deliver the Creative 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. 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.
Each User acknowledges and agrees that the relationship between Clients and Creatives 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 Project Shop, FUSSY Private Limited and/or any User.
11. Special Provisions
Each User acknowledges:
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.
Client acknowledges and agrees that Project Shop will charge Client’s designated Payment Method for the Creative Fees: (a) for Fixed-Price Contracts, upon Client’s acceptance and approval of the Creative Services, and (b) for Hourly Contracts, on the Monday after the week in which work was performed. Therefore, and in consideration of the Site Services provided by Project Shop and the Escrow Services provided by Project Shop Escrow, Client agrees that once Project Shop Escrow charges the Client’s designated Payment Method for the Creative Fees as provided in this Agreement or the other Terms of Service, the charge is non-refundable, except as otherwise required by applicable law. Client also acknowledges and agrees that the Terms of Service provide a dispute resolution process as a way for Client resolve disputes. To the extent permitted by applicable law, Client therefore agrees not to ask its credit card company, bank, or other Payment Method provider to charge back any Creative Fees or other Fees charged pursuant to the Terms of Service for any reason. A chargeback in breach of the foregoing obligation is a material breach of the Terms of Service. If Client initiates a chargeback in violation of this Agreement, Client agrees that Project Shop or Project Shop Escrow may dispute or appeal the chargeback and institute collection action against Client.
However, the Client may ask for a refund, except if the amount to refund relates to fees or charges payable to us, only if the Creative:
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 [email protected]. Once you have made a payment, 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.
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 Clients 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.
15. 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:
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 take legal action against you to recover losses.
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.
16. Dispute Resolution Services
You agree and acknowledge that: (i) Project Shop is not providing legal services; (ii) Project Shop 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 Project Shop for any such counsel.
In the event of a dispute between a Client and a Creative regarding a return or release of Payments, either Client or Creative may elect to use the Dispute Resolution Services offered by Project Shop. The Client and Creative will then be notified that the matter will be addressed through the Dispute Resolution Services.
You agree to indemnify and (to the maximum extent permitted by law) hold Project Shop and any of our affiliates harmless against any damages or liability you may suffer as a result of using the Payments and/or Dispute Resolution Services.
Project Shop will respond to disputes initiated by a Creative or a Client in accordance with the Dispute Resolution Services as set out in this clause and in relation to disputes that arise in relation to the provision of the venue, and the hosting of the Website by Project Shop as set out in the clause entitled Disputes with Us, along with the approach to disclosing information in relation to chargebacks.
17. 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.
You agree that any dispute that is not related to a Payment arising between you and another User will be handled in accordance with this clause. Project Shop will have full rights and powers to make a determination for all such disputes. Upon receipt of a dispute, Project Shop shall have the right to request the Seller and the Client to provide documentation in support of their claim or position in relation to the dispute. You agree that Project Shop has absolute discretion to accept or reject any document provided. You also acknowledge that Project Shop 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 Project Shop 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 Project Shop 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 Dispute Resolution Services for Payments and/or for Other Disputes.
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 Creative Conduct during the 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 Creative Conduct may also incur further disciplinary action.
18. Disputes with Us
If a dispute arises between you and Project Shop, 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 email@example.com.
For any claim, Project Shop may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Project Shop 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 Project Shop 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 Project Shop 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, Project Shop may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Project Shop 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, Project Shop 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.
Project Shop’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.
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.
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 Project Shop 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.
21. 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.
22. 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:
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.
23. 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:
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.
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 Project Shop services again or the payment of the cost of having the Project Shop services supplied again.
24. 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.
If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by emailing us at [email protected].
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