This user agreement ("User Agreement" or "Agreement") is a contract between you and MOBIHIRES CORP, trading as WWW.MOBIHIRES.COM, ("WWW.MOBIHIRES.COM", "we" or "us") which operates the WWW.MOBIHIRES.COM ("Site"). The Site is offered to you conditional on your acceptance of the User Agreement. Please review the terms and conditions set out below before using the Site. Your continued use of the Site after such time will signify your acceptance of this User Agreement.
This User Agreement and all policies and terms incorporated by reference constitute the entire agreement between you and WWW.MOBIHIRES.COM as to its subject matter.
If you do not agree to any of these terms and conditions you should immediately cease to use the Site. Please note that we may close, suspend, or limit your access to your WWW.MOBIHIRES.COM account ("Account") or the Services provided by us on the Site ("Services"), and/or limit access to your funds if you carry out activities which are in contravention of this User Agreement and its associated policies incorporated by reference.
WWW.MOBIHIRES.COM may amend or modify this User Agreement in whole or in part from time to time, without notice, by posting an amended User Agreement on the Site or any linked information. Such updated version of the User Agreement will be effective at the time we post it.
WWW.MOBIHIRES.COM offers its Services to its Users. We shall have absolute discretion as to whether or not we accept a particular applicant or site for participation in the service. The Site is available only to individuals or corporate entities who can form legally binding contracts under applicable law. Without limiting the foregoing, this Site are not available to persons under 18 years of age. If Users do not qualify, they cannot use any of WWW.MOBIHIRES.COM's Services including, but not limited to, those that require the User's ability to form legally binding contracts. Each User is responsible for what occurs on their Account and must report any unauthorised use of their Account to us.
The terms "You", "Your", "User", or "Users" refer to anyone accessing our Services or Site for any reason.
WWW.MOBIHIRES.COM.s provides a venue to introduce Users who wish to provide professional services ("Freelancers") and Users who seek such professional services ("Hirers")(respectively or jointly as the "Parties" and individually as a "Party"). The Site enables Users to identify each other and work together.
1. The job posting, resume database (“MOBIHIRES CORP Resume Database”) and other features of the MOBIHIRES CORP Sites may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. MOBIHIRES CORP Communities and Profiles may be used only for lawful purposes by individuals to network for personal or professional purposes with other individuals. MOBIHIRES CORPSites and makes no representations about any Profile or User Content on the MOBIHIRES CORPSites.
In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through the MOBIHIRES CORPSites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the MOBIHIRES CORPSites.
Because User authentication on the Internet is difficult, MOBIHIRES CORPcannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any MOBIHIRES CORPSite, in the event that You have a dispute with one or more Users, You release MOBIHIRES CORP(and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If You are a New Jersey resident, You waive New Jersey Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
The MOBIHIRES CORP Sites and the WWW.MOBIHIRES.COM Content may contain inaccuracies or typographical errors. MOBIHIRES CORP makes no representations about the accuracy, reliability, completeness, or timeliness of any MOBIHIRES CORP Site or the MOBIHIRES CORP Content. The use of all MOBIHIRES CORP Sites and the MOBIHIRES CORP Content is at your own risk. Changes are periodically made to MOBIHIRES CORP Sites and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the MOBIHIRES CORP Sites. Employers are solely responsible for their postings on MOBIHIRES CORP Sites. MOBIHIRES CORP is not to be considered to be an employer with respect to your use of any MOBIHIRES CORP Site and MOBIHIRES CORP shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any MOBIHIRES CORP Site.
MOBIHIRES CORP cannot guarantee and does not promise any specific results from use of the MOBIHIRES CORP Sites. No advice or information, whether oral or written, obtained by a User from MOBIHIRES CORP through or from any MOBIHIRES CORP Site shall create any warranty not expressly stated herein.
WWW.MOBIHIRES.COM reserves the right to terminate the participation of any User without reason but expressly including any User that WWW.MOBIHIRES.COM judges to be in violation of the User Agreement. Without limiting the foregoing, WWW.MOBIHIRES.COM may terminate the participation of a User if we think that they are creating problems, legal liabilities (actual or potential), infringing someone else.s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
The only parties to a project are the Freelancer and the Hirer. Upon the Hirer awarding a project to a Freelancer and the Freelancer’s acceptance of a project on the Site, the Hirer agrees to purchase, and the Freelancer agrees to deliver the Provider Services in accordance with the following agreements: (1) the User Agreement; and (2) the User Services Agreement between the Hirer and Freelancer available on the Site, as amended from time to time; (3) any other contractual provisions accepted by both the Freelancer and Hirer uploaded to the Site, to the extent not inconsistent with the User Agreement; and (4) the project terms as awarded and accepted on the Site, to the extent not inconsistent with the User Agreement.
You agree not to enter into any contractual provisions in conflict with the User Agreement. Any provision of a member contract in conflict with the User Agreement is void.
The responsibilities of the Freelancer and Hirer are set out in the Services Agreement between Freelancer and Hirer.
When you enter into a transaction you create a legally binding contract with another User, unless the transaction is prohibited by law or by this User Agreement.
You are responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User(s). 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 Hirer or Freelancer, or in any other uses you make of the Site.
If another user breaches any obligation to you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, WWW.MOBIHIRES.COM has no responsibility for enforcing any User rights.
WWW.MOBIHIRES.COM does not offer any form of insurance or other Hirer or Freelancer protection which will assist you, because our Site merely provides the online venue for Users to offer, sell, and buy professional services and we are not otherwise involved in the transactions and interactions between Hirers and Freelancers.
Because user identification on the Internet is difficult, we cannot and does not confirm each User's purported identity.
Each User acknowledges and agrees that the relationship between Users is that of independent contractors. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between us and any User.
WWW.MOBIHIRES.COM offers a wide range of tools, content, products, services, benefits, and other resources on the Site of particular interest to Consumers, Hirers, freelancers and to enable freelancers to efficiently and cost effectively manage their careers, professions, and businesses. These Services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the Services or content (in whole or in part), access to this service or use of this service.
Some of the Services offered at the Site may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. No warranty is made that the information is accurate or reliable and WWW.MOBIHIRES.COM and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.
The User understands and agrees to the following terms:
Our Site merely acts as an online venue to allow Users to offer and buy professional services. You acknowledge and agree that WWW.MOBIHIRES.COM is not involved in the actual transaction between the Freelancers and Hirers. As a result, WWW.MOBIHIRES.COM has no control over the quality or legality of the professional services provided by Users on our Site, or the ability of Freelancers to provide the services or the Hirers to pay for the services. We do not guarantee that a User will actually complete a transaction or act lawfully in using the Site.
Some of the content provided at the Site may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that WWW.MOBIHIRES.COM provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice.
The Site is a dynamic time-sensitive web site. As such, the information on the Site will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by WWW.MOBIHIRES.COM or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.
WWW.MOBIHIRES.COM provides unmonitored access to third-party content. WWW.MOBIHIRES.COM is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. WWW.MOBIHIRES.COM does not control nor always review the web sites to which we link from the Site. WWW.MOBIHIRES.COM, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from the Site, and Users should not treat any link as such an endorsement or acceptance of veracity or value.
WWW.MOBIHIRES.COM does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. WWW.MOBIHIRES.COM expect that the User will undertake necessary activities and practices and will use caution and common sense when using WWW.MOBIHIRES.COM for User's Account.
All fees are set forth in the summary of WWW.MOBIHIRES.COM.s fees and charges which can be found on the Site. All fees will be assessed in US dollars. Your Account and all transactions are made and displayed in US dollars unless otherwise specified.
WWW.MOBIHIRES.COM earns fees for creating, hosting, maintaining, and providing the Site, and for all Services delivered by WWW.MOBIHIRES.COM that are accessible through the Site and to cover expenses and fees WWW.MOBIHIRES.COM incurs to banks, credit card companies, PayPal, and payment processors. After deducting such amounts, WWW.MOBIHIRES.COM transfers the remaining payment amount to the Freelancer.
WWW.MOBIHIRES.COM charges fees in relation to the posting of a job, portfolio services, Media file uploads; Resume search; posting a featured project; hiding a project from search engines; posting a full time project; project commission fees; and other miscellaneous fees that are described on the Site.
Users can choose various membership programs to subscribe to different levels of participation
To become a User and access the Site and Services you must register for an "Account.. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.
You agree that you will not receive interest or other earnings on the funds that WWW.MOBIHIRES.COM handles as your contractor. WWW.MOBIHIRES.COM may receive interest on those funds. WWW.MOBIHIRES.COM will not be liable for any lost interest on such funds.
All amounts are stated in and all payments will be made in US funds. WWW.MOBIHIRES.COM reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your WWW.MOBIHIRES.COM account or face account termination and any other remedies available to WWW.MOBIHIRES.COM to recover the funds.
Any User that WWW.MOBIHIRES.COM removes from the service due to violation of the User Agreement will receive no credit or payment and will become liable for certain fees described in this User Agreement.
WWW.MOBIHIRES.COM requires you to make all payments to WWW.MOBIHIRES.COM.
Paid User Accounts (i.e. PROFESSIONAL PORFOLIO SERVICES) that have been inactive for more than 365 days ("Inactive Accounts") will incur a dormant account fee of US $2.99 per month until either the Account is terminated or reactivated.
WWW.MOBIHIRES.COM reserves the right to cancel Inactive Accounts with a nil or negative balance.
You acknowledge and agree that any chargeback’s (a chargeback occurs when a buyer rejects or reverses a charge on his or her credit card through the credit card issuer) on funds paid to you by Hirers through the Site are your responsibility and you will not hold WWW.MOBIHIRES.COM liable for such. You agree that WWW.MOBIHIRES.COM may reverse any such payments that are subject to chargeback via our Payment Processors. To cover the cost of processing chargeback’s, WWW.MOBIHIRES.COM assesses a fee (fee based on bank fee’s to MOBIHIRES CORP) to Users for credit and debit card payment chargeback’s.
If there are not sufficient funds in your User Account to meet outstanding fees and charges, WWW.MOBIHIRES.COM reserves the right to collect any amounts owing to WWW.MOBIHIRES.COM by any other legal means.
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 by WWW.MOBIHIRES.COM. These taxes will be added to fees billed to you, if applicable.
Please note Australian customers are required to pay an extra 10% goods and services tax on all fees.
We believe our fee’s are very fair and justified for the service we provide, therefore we will absolutely not tolerate any fee avoidance or underbidding on the Site.
Users agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form, or when asked by WWW.MOBIHIRES.COM at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose a Service Provider (or you are the Service Provider chosen for) a project, and before that time you can use the message board to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, ICQ, AIM, MSN Messenger, GTalk and Yahoo.
You are prohibited from making direct contact with another User, unless it's for a project you (a Service Provider) have been picked for, or you (a Service Buyer) have picked a Service Provider for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site. WWW.MOBIHIRES.COM provides you with message boards, which should be sufficient for pre-project planning.
The User is solely responsible for content or any other information the User provides to WWW.MOBIHIRES.COM. User understands and agrees to the following:
WWW.MOBIHIRES.COM is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. WWW.MOBIHIRES.COM has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for WWW.MOBIHIRES.COM, harm its business operation or reputation, or cause WWW.MOBIHIRES.COM to lose the services of its suppliers.
User represents and warrants that User's content: (a) 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; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) 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.
By submitting User content to WWW.MOBIHIRES.COM (including, but not limited to creating your Account; posting a resume, posting a profile, posting a portfolio, posting a project; sending messages through or to WWW.MOBIHIRES.COM). You hereby grant to WWW.MOBIHIRES.COM a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of WWW.MOBIHIRES.COM (such as a portfolio of sample works hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.
No copyrighted material can be posted on the Site. This includes scripts which are sold by the author. Only posting sections, or excerpts of these scripts, as examples, will be permitted. A "section" or "excerpt" being no more than 10% of the script's contents. This is meant to protect the author's intellectual property rights.
Users are prohibited from advertising a website on the Site. Any URL posted in a bid, project description, or the message board, must relate to a user profile on WWW.MOBIHIRES.COM. An example of a permissible URL would be a User's portfolio or resume page.
The Hirer agrees that:
The Hirer is strictly forbidden from redistributing any of the content of the Site, including but not necessary limited to private messages, documents, support tickets.
The Hirer will not use the Hirer's Account to post false or misleading project descriptions.
The Hirer will not post project descriptions that, in the judgment and discretion of WWW.MOBIHIRES.COM, are inappropriate to WWW.MOBIHIRES.COM's audience, viewers, or visitors in the judgment and discretion of WWW.MOBIHIRES.COM.
The Hirer agrees to pay featured job posting / portfolio fee if job / portfolio posted should have been posted as featured.
The Hirer agrees to pay fulltime project fee if project posted should have been posted as fulltime.
The Hirer will not falsify the Hirer's own or any other identity.
The Hirer will comply with all of WWW.MOBIHIRES.COM's policies as posted on the Site from time to time.
The Freelancer agrees that:
The Freelancer will not redistribute any of the content of the Site, including but not necessary limited to private messages, documents, support tickets.
The Freelancer will not falsify Freelancer's own or any other identity.
The Freelancer will comply with all WWW.MOBIHIRES.COM policies as posted on the Site from time to time.
Users agree that:
Users will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Site or the content contained therein without the prior written permission of WWW.MOBIHIRES.COM.
Users will not distribute unsolicited commercial messages ("spam") through the User's Account.
Users will not contact employers or freelancers through the Site or through information gained from our Site with the intent of subverting them from using our Services.
Users will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
Users will not create multiple user Accounts to avoid fees, suspension or bad ratings on the Site.
In the event of termination, Users found in violation of the User Agreement will not receive any credit or payment from WWW.MOBIHIRES.COM.
Without limiting WWW.MOBIHIRES.COM's other remedies, to the extent you are in violation of this User Agreement, you must pay WWW.MOBIHIRES.COM for all fees owed to us and reimburse us for all losses and costs (including any and all WWW.MOBIHIRES.COM employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
You and WWW.MOBIHIRES.COM agree that the damages that WWW.MOBIHIRES.COM will sustain as a result of actions that breach the User Agreement will be substantial, potentially including (without limitation) fines and other related expenses from its payment processors and service providers, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then WWW.MOBIHIRES.COM may fine you up to US$3,000.00 for each such violation and/or WWW.MOBIHIRES.COM may take legal action against you to recover losses that are in excess of the amount charged. You acknowledge and agree that a fine up to US$3,000.00 is presently a reasonable pre-estimate or minimum estimate of WWW.MOBIHIRES.COM's damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to WWW.MOBIHIRES.COM that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult.
You agree that WWW.MOBIHIRES.COM is entitled to deduct such charges directly from any existing balance in the offending Account, or any other WWW.MOBIHIRES.COM Account owned by you.
Users that are terminated by WWW.MOBIHIRES.COM on any basis other than violation of this User Agreement will be entitled to receive any payment due from WWW.MOBIHIRES.COM.
In the event of termination, you will have no claim whatsoever against WWW.MOBIHIRES.COM in respect of any such suspension or termination of your membership.
Any disputes regarding arrangements between Freelancers and Hirers remain solely between Hirers and Freelancers. We are not involved in any transactions between you and any other users of WWW.MOBIHIRES.COM. You acknowledge and agree that WWW.MOBIHIRES.COM will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. If you have a dispute with any other users of the Site, you hereby release WWW.MOBIHIRES.COM from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.
Your personal information will be processed by WWW.MOBIHIRES.COM in order to fulfil the agreement with You, perform delivery of products etc. Furthermore, we will process your personal information for marketing of campaigns, offers, new products or services. Your personal information may also be transferred between WWW.MOBIHIRES.COM and any associated entity within the WWW.MOBIHIRES.COM organisation. At such transfer, personal data may be transferred outside the EEC-area. By entering into this agreement, You hereby approve such processing of your personal information as set forth above, including processing of your personal identification number, and hereby give such consent as required by the Swedish Personal Data Protection Act (Sw. personuppgiftslagen 1998:204). The consent hereby given can in whole or in part be recalled by giving written notice to us. Should you choose to recall your consent, and such recall should make our due performance of the agreement or other obligations difficult, we reserve the right to immediately terminate the agreement. Should you require further information regarding our processing of your personal information, please contact us at the address set forth below.
WWW.MOBIHIRES.COM discloses sensitive personal information only if required to comply with legal obligations or with your consent.
WWW.MOBIHIRES.COM , MOBIHIRES.com are trademarks of MOBIHIRES CORP.
The content and compilation of content included on the Site, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of WWW.MOBIHIRES.COM and are protected by United States and international copyright laws.
It is our policy to respond to clear notices of alleged copyright infringement. Our policy, set out below, is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify.
The Digital Millennium Copyright Act 1998, found at 17 U.S.C. Â§ 512 ("DMCA"), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.
Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider ("ISP").
As the owner of the Site, we are committed to complying with the DMCA. Upon receipt of a properly filed complaint under the DMCA, we will block access to the allegedly infringing material. We will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a notice as set out below.
If you believe that your copyrighted works are contained on our system and you are a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed, then we want you to know the proper procedure for notifying us. You should send us a written notice which contains the following:
The Notice specified above is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.
Your Notice to us should be sent to us via a reliable means to "Legal Department - DMCA Compliance" at the address in our .contact us. section of the Site. Generally, you should use certified mail or a carrier that provides not only delivery confirmation but that also requires a signature. While you may email us or call us, this does not constitute a proper Notice to us.
In appropriate circumstances, we will terminate the membership of Users that are repeat infringers. If you believe that a User is a repeat infringer, please follow the instructions above to contact us and provide information sufficient for us to verify that the User is a repeat infringer.
Once we receive your Notice we will follow the procedures outlined above and in the Digital Millennium Copyright Act (United States).
If a Notice has been filed with us against you, the owner will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counter-notice with us. If we receive a valid counter-notice, the DMCA provides that the removed or blocked information will be restored or access re-enabled.
We will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counter-notice, unless we first receive notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this Site.
Please be advised that United States copyright law provides substantial penalties for a false counter-notice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you obtain legal advice.
WWW.MOBIHIRES.COM is not involved in the actual transaction between Freelancers and Hirers. Our Services, the Site and all content on it are provided on an .as is. basis and without warranties of any kind either express or implied. Without limiting the foregoing, WWW.MOBIHIRES.COM does not represent or warrant that:
The Site will be accurate, reliable, uninterrupted, secure or error-free;
Defects in the Site will be corrected;
The Site or the server that makes it available are free of viruses or other harmful components.
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. For example, consumers (as defined by consumer protection laws) may be entitled to the benefit of certain warranties under applicable trade practices or fair trading legislation in Australia. If you are considered a consumer under an Australian consumer protection law that applies to WWW.MOBIHIRES.COM, you will be entitled to the benefit of certain warranties under that legislation. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency.
To the extent that WWW.MOBIHIRES.COM are able to limit the remedies available under this User Agreement, WWW.MOBIHIRES.COM expressly limits its 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 WWW.MOBIHIRES.COM's sole discretion):
1. In the case of goods, any one or more of the following:
2. In the case of services:
However, if you are considered a consumer under an Australian consumer protection law that applies to WWW.MOBIHIRES.COM, and you use our Services for personal, domestic or household use, the above clause may not apply to you. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency.
In no event shall WWW.MOBIHIRES.COM, its affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
Any indirect, special, incidental or consequential damages that may be incurred by you;
Any loss of income, business or profits (whether direct or indirect) that may be incurred by you; and
Any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Site.
The limitations on WWW.MOBIHIRES.COM.s liability to you above shall apply whether or not WWW.MOBIHIRES.COM, its affiliates or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of WWW.MOBIHIRES.COM and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Trade Practices Act 1974 (Cth) and relevant state fair trading legislation.
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.
WWW.MOBIHIRES.COM may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against WWW.MOBIHIRES.COM for any matter arising out of any transaction or otherwise in respect of this User Agreement.
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.
Any dispute arising out of or in connection with this User Agreement shall be governed by the laws of the State of New South Wales, Australia. You and WWW.MOBIHIRES.COM irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
The provisions of this User Agreement are severable, and if any provision of this 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 WWW.MOBIHIRES.COM to a third party without your consent in the event of a sale or other transfer of some or all of the assets of WWW.MOBIHIRES.COM. In the event of any sale or transfer you will remain bound by the User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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 clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.