Terms of Using pazble.com
Last modified: 15 April
2021
Introduction
Welcome to pazblé! We take
pride in this platform and we truly hope it helps workers and customers connect
safely for the exchange of services, value, and friendship.
The following terms govern
your use of pazble.com, a platform dedicated to blue-collar workers provided to
you by Intelitegen Limited, a company incorporated in the Republic of Mauritius
(Business Registration Number: C17150456).
Intelitegen Limited was
awarded a grant by the Mauritius Research and Innovative Council (MRIC) to
develop plazble under the Special Call for Proposals – “Fast Track Innovative
Projects to Counter the Impact of COVID-19.”
pazble.com is free of use. The
continued running of the platform is funded by Intelitegen Limited until such
time when the revenue model will shift to revenue collected from
advertisements. Individuals and companies would pay us to advertise their
products and services. When you are using pazble.com, we could show you advertisements
that we think will be relevant to you. We use your personal data to help
determine which advertisements to show you.
Your personal data is not
sold to advertisers, and we do not share information that directly identifies
you, such as your name, your phone number, or other contact information, with
advertisers unless you give us specific permission.
Advertisers can direct us
to the kind of audience they want their advertisements to be seen. We can
provide advertisers with reports about the performance of their advertisements
that help them understand how people are interacting with their content.
Our Data Policy explains
how we collect and use your personal data to determine some of the advertisements
you see and provide all of the other services described below.
Definitions
"Account" means
the account associated with your mobile number.
“User” means a user who
connects, interact, or exchanges with other users to contract and purchase
Services from other users.
“Services” means services
provided by users through the platform.
"User",
"you" or "your" means an individual or company, who visits,
or uses the Website.
"Website" means pazble.com
and any other affiliated websites or links, including mobile web, any iOS App
and any Android App, or API or other access mechanism.
1. Overview
By accessing the Website,
you agree to the following terms with pazble.com and Intelitegen Limited.
We may amend these terms and
any linked information from time to time by posting amended terms on the
Website, without notice to you.
The Website is an online
venue where Workers and Consumers exchange services. Workers and Consumers must
register for an Account in order to buy or sell Services. Neither pazble.com
nor Intelitegen Limited are parties to any contractual agreements between Workers
and Consumers, or any User of the Website. We merely facilitate connections
between the parties.
We may, from time to time,
and without notice, change or add to the Website or the information, products
or services described in it. However, we do not undertake to keep the Website
updated. We are not liable to you or anyone else if any error occurs in the
information on the Website or if that information is not current.
2. Scope
By using the Website, you acknowledged
having read all the Terms of Using pazble.com, the Website policies, and all
linked information.
You acknowledged having
read and accepted all of the terms in, and linked to, the Terms of Using
pazble.com, the Data and Privacy Policy and all Website policies. You agree
that these Terms of Using pazble.com will apply whenever you use the Website,
or when you use the tools we make available to interact with the Website.
3. Eligibility
You will not use the
Website if you:
· are not able to
form legally binding contracts;
· a person barred
from receiving and rendering services under the laws of Mauritius or other
applicable jurisdiction;
· are suspended
from using the Website; or
· do not hold a
valid mobile number.
All accounts are
associated with individuals or companies. 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.
You cannot transfer or
assign any rights or obligations you have under this agreement without prior written
consent.
4. Using pazble.com
While using the Website,
you will not attempt to or otherwise do any of the following:
· post content or
items in inappropriate categories or areas on our Websites and services; · infringe any
laws, third party rights or our policies;
· fail to deliver
payment for services delivered to you;
· fail to deliver Services
purchased from you;
· post false,
inaccurate, misleading, deceptive, defamatory or offensive content (including
personal information);
· take any action
that may undermine the feedback or reputation systems (such as displaying,
importing or exporting feedback information or using it for purposes unrelated
to the Website); · distribute or
post spam, unsolicited, or bulk electronic communications, chain letters, or
pyramid schemes;
· distribute
viruses or any other technologies that may harm Intelitegen Limited, pazble.com,
the Website, or the interests or property of pazble.com Users (including their
Intellectual Property Rights, privacy and publicity rights)
· engage in any
communication or act which is unlawful, threatening, abusive, defamatory,
invasive of privacy, vulgar, obscene, profane or which may harass or cause
distress or inconvenience to, or incite hatred of, any person;
· attempt to
modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any
software programs used by us in connection with the Website;
· copy, modify or
distribute rights or content from the Website or Intelitegen's copyrights and
trademarks; or
· harvest or
otherwise collect information about Users, including mobile numbers and email
addresses, without their consent.
5. Fees
pazble.com is free of use.
Neither Intelitegen Limited nor pazble.com are parties to any money exchange
that may occur between Users.
6. Taxes
You are responsible for
paying any taxes, including any goods and services or value added taxes, which
may be applicable depending on the services provided.
You acknowledge that you
must comply with your obligations under income tax provisions in your
jurisdiction.
7. Contents 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 the 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 the user content at
our sole discretion.
You represent and warrant
that your content:
1. will not infringe upon or misappropriate any
copyright, patent, trademark, trade secret, or other intellectual property right
or proprietary right or right of publicity or privacy of any person; 2. will not violate any law or regulation;
3. will not be defamatory or libelous;
4. will not be obscene or contain child pornography;
5. will not contain the development, design, manufacture
or production of missiles, or nuclear, chemical or biological weapons, or any
weapons whatsoever;
6. will not contain material linked to terrorist
activities;
7. will not include incomplete, false or inaccurate
information about any User or any other individual; and
8. will not contain any viruses or other computer
programming routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information.
Information on the Website
may contain general information about legal, financial, health and other
matters. The information is not advice, and should not be treated as such. You
must not rely on the information on the Website as an alternative to
professional advice. If you have specific questions about any matter you should
consult your professional adviser.
We provide unmonitored
access to third party content, including user feedback and articles with
original content and opinions (or links to such third-party content). We only
act as a portal and have no liability based on, or related to, third party
content on the Website, whether arising under the laws of copyright or other
intellectual property, defamation, libel, privacy, obscenity, or any other
legal discipline.
The Website may contain
links to other third-party websites. We do not control the websites to which we
link from the Website. We do not endorse the content, products, services,
practices, policies or performance of the websites we link to from the Website.
Use of third-party content, links to third party content and/or websites is at
your risk.
In relation to deletion or
hiding of any information or content, using the Website to delete, hide or
otherwise dispose of information does not imply permanent deletion of content
or information. Information may be retained for a period of time to fulfil
record keeping, regulatory, compliance, statistical, law enforcement, and other
obligations.
We are entitled to suspend
or terminate your Account at any time if we, in our sole and absolute
discretion, are concerned by any feedback or reviews about you.
8. Advertising
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 pazble.com or
Intelitegen Limited or third-party right holders, you agree not to modify,
sell, distribute, appropriate or create derivative works based on such
advertisement/promotions.
9. Communication with other
Users
Communication with other
users on the Website can be conducted through text along with direct message
sending and other communication channels provided on the Website
You communicate with other
Users at your own risk.
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.
pazble.com 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.
10. Identity / Know Your
Customer
You authorise us, directly
or through third parties, to make any inquiries we consider necessary to
validate your identity. You must, at our request:
1. provide further information to us, which may include
your date of birth, National Identity Card, Passport, Driver’s Licence, and/or
other information that will allow us to reasonably identify you;
2. take steps to confirm ownership of your mobile number;
We may also ask you to
provide photographic identification holding your identification as an
additional identity verification step.
We reserve the right to
close, suspend, or limit access to your Account, the Website and/or our Services
in the event we are unable to obtain or verify to our satisfaction the
information which we request under this section.
We reserve the right to
update your particulars on the website in order to match any identity
documentation that has been provided.
11. User Services
Upon the Customer awarding
a Job to the Worker, and the Worker’s acceptance on the Website, the Customer
and the Worker will be deemed to have entered into a Freelance Contract under
which the Customer agrees to purchase, and the Worker agrees to deliver the
Services. You agree not to enter into any contractual provisions in conflict
with these Terms of Using pazble.com
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 Worker or Consumer, 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 contract between Users.
Depending on their jurisdiction,
Workers and Customers may have rights under statutory warranties that cannot
lawfully be excluded. Nothing in this User Agreement is intended to override a
right that by applicable law may not be excluded. Nothing in these Terms of Use
is intended to violate any laws relating to unfair contracts. To the extent
that any component of these Terms of Use is in conflict with inalienable rights
under local laws, all parties intend for these Terms of Use to be read down
only insofar as to be in compliance with such local laws and no further.
Each User acknowledges and
agrees that the relationship between Users 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 pazble.com or Intelitegen Limited and
any User.
12. Special Provisions
Each User acknowledges: pazble.com and Intelitegen
Limited do not review, approve, recommend or verify any of the credentials,
licences or statements of capability in relation to skills or jobs (or, for the
avoidance of doubt, any job on the Website);
pazble.com provides
matchmaking and platform services only. Users agree that pazble.com and/or
Intelitegen have no liability for any other aspect of service delivery or
interaction between Users. pazble.com and/or Intelitegen Limitedare not a party/parties
to any disputes between Users.
Pazble.com may from time to
time include map features and display the location of Users to persons browsing
the Website on that map. Every User seeking services for jobs will be asked to
provide the location where the job is to be performed. You expressly agree that
pazble.com or Intelitegen Limited have no liability for displaying such
information.
Pazble.com may collect
location related data from you via technologies including but not limited to
GPS, IP address location, wifi, and by other methods. This data may be shared
in the context of facilitating services and each User specifically consents to
this collection and sharing as part of this agreement;
Failure to complete the
service or task will constitute a breach of this User Agreement; and
Any items purchased by the Users
as part of performing the service are between the Users.
13. Inactive Accounts
We reserve the right to
close an Inactive Account.
14. Right to Refuse Service
We may close, suspend or
limit your access to your Account without reason.
If a dispute arises between
you and pazble.com or Intelitegen Limited, 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 using our customer support
website or emailing us at info@pazble.com.
For any claim, pazble.com
may elect to resolve the dispute in a cost-effective manner through binding
non-appearance-based arbitration. If pazble.com elects arbitration, such arbitration
will be initiated through an established alternative dispute resolution (ADR)
provider. 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 pazble.com or Intelitegen Limited 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, pazble.com or
Intelitegen Limited may recover its legal fees and costs (including in-house
lawyers and paralegals).
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.
pazble.com or Intelitegen Limited’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.
15. Survival and Release
This agreement supersedes
any other agreement between you and Intelitegen Limited and pazble.com. 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 we are under no obligation to become involved. In the event that you
have a dispute with one or more other users, you release us, our 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.
16. Access and Interference
You agree that you will not
use any robot, spider, scraper or other automated means to access the Website
via any means, including for the avoidance of doubt access to our API or
application programming interface, for any purpose without our express written
permission.
Additionally, you agree
that you will not:
· 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 websites without the prior
express written permission of pazble.com and the appropriate third party, as
applicable; · interfere or
attempt to interfere with the proper working of the Websites, services or
tools, or any activities conducted on or with the Websites, services or tools.
17. Closing Your Account
You may close your Account
at any time. The option is located in the Account Settings.
.
We may retain some of your
personal information to satisfy regulatory requirements and our own external
obligations. Closing your account does not necessarily delete or remove all of
the information we hold.
18. Privacy
If you object to your
information being transferred or used in the way described herein then you must
not use our services. For the avoidance of doubt, your name and personal
details shall be used for identity purposes in the normal course of conducting
business in this online marketplace.
19. Indemnity
You will indemnify us (and
our officers, directors, agents, subsidiaries, joint venturers and employees)
against any claim or demand, including legal fees and costs, made against us by
any third party due to or arising out of your breach of this Agreement, or your
infringement of any law or the rights of a third party in the course of using
the Website.
20. Security You must immediately notify
us upon becoming aware of any unauthorised access or any other security breach
to the Website or your Account and do everything possible to mitigate the
unauthorised access or security breach (including preserving evidence and
notifying appropriate authorities). Your User Account is yours only, and you
must not share your password with others. You are solely responsible for
securing your password. We will not be liable for any loss or damage arising
from unauthorised access of your account resulting from your failure to secure
your password.
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:
· the Website,
· the accuracy,
reliability, availability, veracity, timeliness or content of the Website;
· uninterrupted,
secure, error-free or non-misleading;
· whether defects
in the Website will be corrected;
· whether the
Website, or any data, content or material will be backed up or whether business
continuity arrangements are in place in respect of the Website;
· any third party
agreements or any guarantee of business gained by you through the Website,
· the Website or
infrastructure on which they are based, being error or malicious code free,
secure, confidential or performing at any particular standard or having any
particular function.
To every extent permitted
by law, we specifically disclaim any implied warranties of title,
merchantability, fitness for a particular purpose, quality, suitability and
non-infringement.
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.
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.
24. Notices
Legal notices will be
served to the phone number you provide to pazble.com during the registration
process. Notice will be deemed given 24 hours after the communication is sent,
unless the sending party is notified that the mobile number is invalid or that
the message has not been delivered. Alternatively, we may give you legal notice
by any other information you provided during the registration process.
25. Law and Forum for Legal
Disputes
This Agreement will be
governed in all respects by the laws of Mauritius. We encourage you to try and
resolve disputes using certified mediation (such as online dispute resolution
processes). If a dispute cannot be resolved then you and pazble.com and Intelitegen
Limited irrevocably submit to the non-exclusive jurisdiction of the courts of Mauritius.
26. Severability
The provisions of this User
Agreement are severable, and if any provision of this User Agreement is held to
be invalid or unenforceable, such provision may be removed and the remaining
provisions will be enforced. This Agreement may be assigned by us to an
associated entity at any time, or to a third party without your consent in the
event of a sale or other transfer of some or all of our assets. In the event of
any sale or transfer you will remain bound by this User Agreement.
27. Interpretation
Headings are for reference
purposes only and in no way define, limit, construe or describe the scope or
extent of such section.
28. No Waiver
Our failure to act with
respect to an anticipated or actual breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. Nothing in this
section shall exclude or restrict your liability arising out of fraud or
fraudulent misrepresentation.
29. Communications
You consent to receive
notices and information from us in respect of the Website and Services by
electronic communication. You may withdraw this consent at any time, but if you
do so we may choose to suspend or close your Account.
30. Additional Terms
It is important to read and
understand all our policies as they provide the rules for using our Website. In
addition, there may be specific policies or rules that apply, and it is your
responsibility to check and make sure you comply. Our policies, including all
policies referenced in them, are part of this Agreement and provide additional
terms and conditions related to specific services offered on our Websites.
Changes take effect when we
post them on the Website. When using particular services on our Website, you
are subject to any posted policies or rules applicable to services you use
through the Website, which may be posted from time to time. All such policies
or rules are incorporated into this User Agreement.
31. General
This Agreement contains the
entire understanding and agreement between you pazble.com and Intelitegen
Limited.
32. Feedback
If you have any questions
about this User Agreement or if you wish to report breaches of this User
Agreement, please contact us on info@pazble.com or +23057060668.
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Cookie Policy
Introduction
pazble.com or Intelitegen
Limited (“we” or “us” or “our”) may use cookies, web beacons, tracking pixels,
and other tracking technologies when you visit our website pazble.com,
including any other media form, media channel, mobile website, or mobile
application related or connected thereto (collectively, the “Site”) to help
customize the Site and improve your experience.
We reserve the right to
make changes to this Cookie Policy at any time and for any reason. We will
alert you about any changes by updating the “Last Updated” date of this Cookie
Policy. Any changes or modifications will be effective immediately upon posting
the updated Cookie Policy on the Site, and you waive the right to receive
specific notice of each such change or modification.
You are encouraged to
periodically review this Cookie Policy to stay informed of updates. You will be
deemed to have been made aware of, will be subject to, and will be deemed to
have accepted the changes in any revised Cookie Policy by your continued use of
the Site after the date such revised Cookie Policy is posted.
Use of Cookies
A “cookie” is a string of
information which assigns you a unique identifier that we store on your
computer. Your browser then provides that unique identifier to use each time
you submit a query to the Site. We use cookies on the Site to, among other
things, keep track of services you have used, record registration information,
record your user preferences, keep you logged into the Site, facilitate
purchase procedures, and track the pages you visit. Cookies help us understand
how the Site is being used and improve your user experience.
Types of Cookies
The following types of
cookies may be used when you visit the Site:
Advertising Cookies
Advertising cookies are
placed on your computer by advertisers and ad servers in order to display
advertisements that are most likely to be of interest to you. These cookies
allow advertisers and ad servers to gather information about your visits to the
Site and other websites, alternate the ads sent to a specific computer, and
track how often an ad has been viewed and by whom. These cookies are linked to
a computer and do not gather any personal information about you.
Analytics Cookies
Analytics cookies monitor
how users reached the Site, and how they interact with and move around once on
the Site. These cookies let us know what features on the Site are working the
best and what features on the Site can be improved.
Our Cookies
Our cookies are “first-party
cookies”, and can be either permanent or temporary. These are necessary
cookies, without which the Site won’t work properly or be able to provide
certain features and functionalities. Some of these may be manually disabled in
your browser, but may affect the functionality of the Site.
Personalisation Cookies
Personalization cookies are
used to recognize repeat visitors to the Site. We use these cookies to record
your browsing history, the pages you have visited, and your settings and
preferences each time you visit the Site.
Security Cookies Security cookies help
identify and prevent security risks. We may use these cookies to authenticate
users and protect user data from unauthorised parties.
Site Management Cookies
Site management cookies are
used to maintain your identity or session on the Site so that you are not
logged off unexpectedly, and any information you enter is retained from page to
page. These cookies cannot be turned off individually, but you can disable all
cookies in your browser.
Third-Party Cookies
Third-party cookies may be
place on your computer when you visit the Site by companies that run certain
services we offer. These cookies allow the third parties to gather and track
certain information about you. These cookies can be manually disabled in your
browser.
Control of Cookies
Most browsers are set to
accept cookies by default. However, you can remove or reject cookies in your
browser’s settings. Please be aware that such action could affect the
availability and functionality of the Site.
For more information on how
to control cookies, check your browser or device’s settings for how you can
control or reject cookies.
Other Tracking Technologies
In addition to cookies, we
may use web beacons, pixel tags, and other tracking technologies on the Site to
help customize the Site and improve your experience. A “web beacon” or “pixel
tag” is tiny object or image embedded in a web page or email. They are used to
track the number of users who have visited particular pages and viewed emails,
and acquire other statistical data. They collect only a limited set of data,
such as a cookie number, time and date of page or email view, and a description
of the page or email on which they reside. Web beacons and pixel tags cannot be
declined. However, you can limit their use by controlling the cookies that
interact with them.
Contact Us
If you have questions or
comments about this Cookie Policy, please contact us at info@pazble.com or +23057060668.