Terms & Conditions
This Agreement was last modified on 05 July 2021.
This User Agreement describes the terms and conditions which you accept by using our Website or our Services. We have incorporated by reference some linked information.
In this User Agreement:
- "Account" means the account associated with your email address.
- "Buyer" means a User that purchases Seller Services or items from Sellers or identifies a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.
- "Dispute Resolution Process" means the process to be followed by Buyers and Sellers in accordance with the Dispute Resolution Services.
- "Inactive Account" means a User Account that has not been logged into for a 6 month period or other period determined by us from time to time.
- "Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
- "Local Job" or "Local Jobs" means a service we provide to match a Buyer with a Seller in relation to the provision of location-specific services.
- "Seller" means a User that offers and provides services or identifies as a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.
- "Seller Services" means all services provided by a Seller.
- "Digitaltreed Services" means all services provided by us to you.
- "User Contract" means: (1) this User Agreement; (2) the Code of conduct as amended from time to time; (3) any other contractual provisions accepted by both the Seller and Buyer uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; (4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (5) any other material incorporated by reference from time to time.
By accessing the Website, you agree to the following terms Digitaltreed
We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.
The Website is an online venue where Users buy and sell Seller Services and items. Buyers and Sellers must register for an account in order to buy or sell Seller Services and/or items. The Website enables Users to work together online to complete and pay for Projects, buy and sell items, and to use the services that we provide. We are not a party to any contractual agreements between Buyer and Seller in the online venue, we merely facilitate connections between the parties.
We may, from time to time, and without notice, change or add to the Website or the information, products, or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.
Before using the Website, you must read the whole User Agreement, the Website policies, and all linked information.
You will not use the Website if you:
- are not able to form legally binding contracts;
- are under the age of 16;
- a person barred from receiving and rendering services under the laws of United States or other applicable jurisdiction;
- are suspended from using the Website; or
- do not hold a valid email address.
All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
Subject to your local laws, a person over 15 but under 18 can use an adult's account with the permission of the account holder. However, the account holder is responsible for all actions taken by the account, without limitation.
Users may provide a business name or a company name, which is associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
A company, corporation, trust, partnership, or other non-individual corporate entity may be a User subject to an eligible corporate account that pays corporate subscriptions.
We may, at our absolute discretion, refuse to register any person or entity as a User.
You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
4. Using Digitaltreed
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, such as the code of conduct;
- fail to deliver payment for services delivered to you;
- fail to deliver Seller Services purchased from you;
- circumvent or manipulate our fee structure, the billing process, or fees owed to Digitaltreed;
- 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);
- transfer your Digitaltreed account (including feedback) and Username to another party without our consent;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Digitaltreed, the Website, or the interests or property of Digitaltreed users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- download and aggregate listings from our website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorization;
- 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 Digitaltreed copyrights and trademarks; or
- harvest or otherwise collect information about Users, including email addresses, without their consent.
For a limited promotional period, Digitaltreed will provide site credits or reduced fees limited to certain users as a reward for referrals of new Buyer users. The promotion is based on existing users of the website ("Referrers") referring to new Buyer users ("Referees") with the intention to post their first job. In some cases, the credit may be given in the form of coupon links or codes, where the Referrer in that case is the website itself.
This is subject to the following conditions:
- The Referrer must be an existing user of the Website.
- All members of the program, referrer and referees are subject to all other terms and conditions of the website, which in case of dispute, are held above this section.
- All members of the program must be over the age of 16 years.
- Users may be asked to provide verification of payment or other user information before receiving the credit.
- Any site credit that has been given in relation to this promotion may expire at any time determined by the Company.
- Digitaltreed reserves the right to review classifications of Referees as new Buyers for the purpose of this promotion, to ensure fair use of this promotion. To be eligible for this promotion, Referees must not have had any active account on Digitaltreed from which payment was made within the six (6) months immediately prior to creating the new account.
- Digitaltreed may require that both parties fill in and complete their profiles and/or pass identity checks before payments are released.
- This promotion may be withdrawn for a specific user or set of users, if significant reversals, fraud or charge backsare observed, if Digitaltreed believes that there is a risk of funds being subject to reversal or charge back, in cases of disputes between Referee and Referrer, or for any other reason.
- For any specific Referrer user, Digitaltreed may choose to cap the maximum value of site credit accrued by an individual or collection of users.
- Digitaltreed reserves the right to disallow the use of this promotion in its sole and absolute discretion, with respect to fair use of this promotion, or to prevent any suspected fraud.
- Digitaltreed reserves the right to require submission of further information from any party applying to make use of this promotion, for investigating fraud and for risk management and related purposes, in particular, to request evidence of bona fide work being done in relation to any Project.
- Digitaltreedreserves the right to cancel or amend this promotion at any time.
- Digitaltreed reserves the right to cancel the promotion in any region if it is deemed or becomes unlawful to offer the promotion to any resident of that region.
- Digitaltreed reserves the right to cap the total site credit available under the program.
- Any site credit may not be duplicated, sold, traded, or transferred in any manner, including but not limited to being withdrawn for cash.
- Digitaltreed reserves the right to reverse credit earned if it determines that the referrers or referees are not acting as users of the site in good faith.
- Digitaltreed should have unique payment sources in order to qualify the parent for the referral credit.
- Bonus credit is only reserved for referring users who act at all times in good faith and who signed up to the site with the actual intent of using the website for its intended purposes.
- Digitaltreed reserves the right to remove credit or remove users from participating in the program if the company determines the users to be acting in bad faith and are abusing the program.
- The decisions of management are final. No correspondence will be entered into.
- Management, employees of Digitaltreed, and its related companies are not eligible to participate in this program.
- Any term or condition in these terms found to be void, unenforceable or illegal may be severed and the remaining terms and conditions will continue in full force and effect.
- Digitaltreed reserves the right to set the bonus credits for each individual referrer and individual referral users and to release said bonus credit in any currency the company sees fit.
- Digitaltreed is not liable for any loss or damage whatsoever which is suffered (including but not limited to, direct or consequential loss) or for any personal injury suffered or sustained in connection with entry into the competition or acceptance of the prize.
You are responsible for paying any taxes, including any goods and services or value-added taxes, which may be applicable depending on the jurisdiction of the services provided.
When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable (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:
- 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;
- will not violate any law or regulation;
- will not be defamatory or trade libelous;
- will not be obscene or contain child pornography;
- will not contain the development, design, manufacture or production of missiles or nuclear, chemical or biological weapons
- will not contain material linked to terrorist activities
- will not include incomplete, false or inaccurate information about User or any other individual; and
- 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.
You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of United States or the EEC-area. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and Digitaltreed Services and may close your Account.
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 fulfill record-keeping, regulatory, compliance, statistical, law enforcement, and other obligations.
7. Feedback, Reputation, and Reviews
You acknowledge that you transfer copyright of any feedback, reputation, or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication, etc.) together with any composite rating by us. You acknowledge that such feedback, reputation, and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such as feedback, reputation, and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the Digitaltreed feedback system. We are entitled to suspend or terminate your account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Seller Services via the Website. You may not use your Seller or Buyer feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a website operated by Digitaltreed or its related entities, without our written permission.
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, an 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 the 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 authorized by Digitaltreed 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 must be conducted through the text, audio, and or video chat functionality, along with message boards, public clarification boards, Project message boards, direct message sending, and other communication channels provided on the Website.
You must not post your email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Website, except in the "email" field of the signup form, at our request or as otherwise permitted by us on the Website.
Unless you have a prior relationship with a User, you must only communicate with Users via the Website. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, Skype, ICQ, AIM, MSN Messenger, WeChat, Snapchat, GTalk, GChat or Yahoo.
In relation to video chat and audio chat, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function.
Digitaltreed 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 authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your passport or driver's license). We may also ask you to provide photographic identification holding your identification together with a sign with a code that we provide as an additional identity verification step. We also reserve the right to request a video interview with you to validate this information, your identity, your background, and your skills.
We reserve the right to close, suspend, or limit access to your Account, the Website, and/or Digitaltreed Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
We reserve the right to update your particulars on the website in order to match any identity documentation that has been provided. Disbursements such as wire transfers from the website may only be made to the beneficiary matching your provided identity documents and account information.
If you are not Digitaltreed verified you may not be able to withdraw funds from your Digitaltreed account, and other restrictions may apply. See the Know Your Customer and Identity Verification Policy for more details.
11. User Services
Upon the Buyer awarding a Project to the Seller, and the Seller's acceptance on the Website, or the purchase of an item by a Buyer from the Seller, the Buyer and Seller will be deemed to have entered into a User Contract under which the Buyer agrees to purchase, and the Seller agrees to deliver the Seller Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.
You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Buyer or Seller, or in any other uses you make of the Website.
If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.
Depending on their jurisdiction, Sellers and Buyers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. Nothing in this User Agreement is intended to violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with unfair contracts legislation. To the extent that any component of this User Agreement is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further.
Each User acknowledges and agrees that the relationship between Buyers and Sellers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency, or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership, or an employer-employee relationship between Digitaltreed and any User.
You may have positive funds in your Account if you have prepaid for fees or charges or for services to be provided to you via the Website. If you are a Seller, you may have positive funds if you have successfully completed a Project, or sold an item, and funds have been released to you. There are also circumstances where funds may have been credited to your Account in relation to an affiliate program or a referral program.
Funds in your Account are held by us in our operating accounts held with financial institutions. Funds in your Account are not held separately by us, and maybe commingled with our general operating funds, and/or funds of other User's Accounts.
You are not entitled to any interest or other earnings for funds that are in your Account.
We may receive interest on funds held by us in our operation