The platform services provided by Company, the Site and mobile website together are hereinafter collectively referred to as the “AnythingJacky Platform.”
By creating a profile or by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, photo, video, voice, and appearance if you provide a photo or video, in connection with a jobseeker database that potential employers may browse. You may be contacted by third parties about jobs for which you did not apply. Additionally, by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, video, voice, and appearance if you provide a video, in connection with your application and delivering your application to the particular employer. We do not submit your photo directly to an employer when you submit an application. However, it is possible for an employer to view your profile, including your photo, in our browsable database of jobseekers. If you do not want to be included in our jobseeker database, do not create a profile and do not submit an application using our Website or App. If you do not want your photo or video to be included in our jobseeker database, do not provide a photo or video in your profile or in connection with a job application.
1. Anything Jacky Platform Connects Customers and Service Providers
The Anything Jacky Platform is a web-based communications platform which enables the connection between Customers and Service Providers. “Customers” are individuals and/or businesses seeking to obtain services from Service Providers and are therefore clients of Service Provider, and “Service Providers” are individuals and/or businesses seeking to perform Assignment for Customers. Customers and Service Providers together are referred to as “Users.” If you agree on the terms of a Assignment with another User, you and such other User form a Service Agreement directly between the two of you.
Anything Jacky Platform only enables connections between Users as mention above for the fulfillment of Service. Company is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Service, Service Providers, Customers, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Users. Company makes no representations about the suitability, reliability, timeliness, or accuracy of the Service requested and services provided by Users identified through Anything Jacky Platform whether in public, private, or offline interactions. Members can leave feedback for Service Provided.
2.User Verification Process
Users may be subject to an extensive Verification Process process before they can register for and during their use of the Anything Jacky Platform, including but not limited to a verification of identity and a comprehensive criminal background check, reference, at the Country, State and local level, using third party services as appropriate and cost of background check is the responsibility of the Service Provider. For user to be approved all references must be email or uploaded to info@anythingJacky.com. Users hereby give consent to Company to conduct background checks as often as required in compliance with federal and state laws, including, without limitation, the Fair Credit Reporting Act.
Although Company may perform background checks of Users, as outlined above, Company cannot confirm that each User is who they claim to be and therefore, Company cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the Anything Jacky Platform.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE ANYTHING JACKY PLATFORM AND YOU HEREBY RELEASE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE T ANYTHING JACKY PLATFORM.
3. Contract between Service Providers and Customers
You acknowledge and agree that a contract (the “Service Agreement”) is formed when you agree on the terms of a Service/Job with another User. The terms of the Service Agreement include the terms set forth, the engagement terms proposed and accepted on the Anything Jacky Platform, and any other contractual terms accepted by both the Customer and the Service Provider to the extent such terms do not conflict with the terms and do not expand Company’s obligations or restrict Company rights under this Agreement. You agree that Company is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Company and the Service.
Where approved in advance by the Customers, the Service Provider is not obligated to personally perform the Services. Before any services are performed by any assistants, Service Providers, subcontractors or other personnel engaged by the Service Provider, the Service Provider shall require any such individuals to become registered Service Provider on the Anything Jacky Platform pursuant to Company policies as described on the Anything Jacky Platform. The Service Provider assumes full and sole responsibility for the payment of all compensation, benefits and expenses of helpers, assistants, subcontractors and/or other personnel, booking charges, accounting, scheduling, if any, and for all required and applicable state and federal income tax withholdings as to the Service Providers and all persons engaged by the Service Provider in the performance of the services.
The Client shall pay for completed services through place on hold any Service Payment and out of pocket expenses, or (ii) refund, provide credits or arrange as indicated on the Anything Jacky Platform at the rates agreed to in the engagement terms. Each party agrees to comply with the Anything Jacky Best Practices Guide during the engagement, performance and completion of a Service. Both parties agree to notify Company of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via Company representatives for at least thirty (30) days before initiating any proceeding between the parties.
The Anything Jacky Platform is only connecting Users. Because Company is not involved in the actual contact between Users or in the completion of the Service, in the event that you have a dispute with one or more Users, you release Company and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) 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.
COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS ANYTHING JACKY PLATFORM. Company’s sole liability with respect to disputes between Users is as set forth in the Anything Jacky TERMS.
6. User Name/E-Mail Address and Password
To log onto our Website or App, you will need a user name and password which you will supply when you register to use our Website or App. You are responsible for maintaining the security and confidentiality of your user name and password, and all activities (whether by you or by others) with respect to the Website and/or App that occur under your user name or password. You are also liable for all charges, damages and losses incurred or suffered by you and/or by us as a result of your failure to maintain the confidentiality of your user name and password. We are not liable for any harm or loss caused by or related to the theft or disclosure of your user name and password, or your authorization to allow another person to access and use the Website or App with your user name and password. You agree to notify us immediately of any unauthorized use of your user name and password, the need to deactivate your user name and password due to security concerns, or any other breach of security. You must ensure that you log out of your account at the end of each session.
7. Public Areas; Acceptable Use
The Anything Jacky Platform may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. For the safety and integrity of the Anything Jacky Platform, you may not share your personal contact information with other Users.
Without limitation, while using the Anything Jacky Platform, you may not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Company staff, or use information learned from the Anything Jacky Platform or during the performance of Services to otherwise defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any other User or Company staff outside of the Anything Jacky Platform.
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
Use the Anything Jacky Platform for any purpose, including, but not limited to posting or completing a Service, in violation of local, state, national, or international law.
Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
Advertise or offer to sell any goods or services for any commercial purpose through the Anything Jacky Platform which are not relevant to the Service services offered through the Anything Jacky Platform.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments.
Post the same Service repeatedly (“Spamming”). Spamming is strictly prohibited.
Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Anything Jacky Platform.
Restrict or inhibit any other User from using and enjoying the Public Areas.
Imply or state that any statements you make are endorsed by Company, without the prior written consent of Company.
Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Anything Jacky Platform in any manner.
Hack or interfere with the Anything Jacky Platform, its servers or any connected networks.
Adapt, alter, license, sublicense or translate the Anything Jacky Platform for your own personal or commercial use.
Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Company.
Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
Use the Anything Jacky Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Anything Jacky Platform as set forth herein.
Use the Anything Jacky Platform to collect usernames and or/email addresses of Users by electronic or other means.
Use the Anything Jacky Platform or the Service services in violation of the Best Practices Guide.
Use the Anything Jacky Platform in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Company’s trade secret information for public disclosure or other purposes.
Attempt to circumvent the payments system or service fees in anyway including, but not limited to, processing payments outside of the platform, including inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
Register under different usernames or identities, after your account has been suspended or terminated or register under multiple usernames or identities.
Cause any third party to engage in the restricted activities above.
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas, and Company will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
8. Your License and Authorization to Us
By submitting and/or signing an application, new hire paperwork (employment agreements, arbitration agreements, new hire manuals, etc.) or other similar document through the Website, you authorize Anything Jacky to disclose any information that Anything Jacky has collected during and from the submission and/or signature process, including but not limited to any information necessary to prove the electronic signatures on the application, new hire paperwork or other similar document are attributable to you, to the employer to which the application, new hire paperwork or other similar document was submitted to and/or signed for.
In connection with using our Website and/or App, you agree that you will:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and update it as necessary;
Review and comply with notices sent by us concerning the Website, App and our operation thereof; and
Use the Website and/or App in an honest, respectful and professional manner.
In connection with using our Website and/or App, you agree that you will not:
Act dishonestly or unprofessionally by engaging in unprofessional behavior or by posting inappropriate, inaccurate, or objectionable content to our Website or App;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used in connection with the Website or App, or any part thereof;
Include information in your profile or elsewhere, except in designated fields, that is confidential in nature or that reveals your identity or sensitive personal information such as an email address, phone number or address;
Create a user profile for anyone other than a natural person;
Utilize information, content or any data you view on and/or obtain from our Website or App to provide any service that is competitive, in our sole discretion, with our Website, App or our business;
Imply or state, directly or indirectly, that you are affiliated with or endorsed by AnythingJacky.com, unless you have entered into a written agreement with us to that effect;
Adapt, modify or create derivative works based on our Website, App or the technology underlying either, or other Members’ content, in whole or part;
Rent, lease, loan, trade or sell/re-sell access to our Website, App or any information therein, or the equivalent, in whole or part;
Deep-link to our Website or App for any purpose, (i.e. including a link to one of our web pages other than our Website’s home page) unless expressly authorized in writing by us or for the purpose of promoting your profile on our Website or App;
Use manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl” or “spider” our Website or App;
Use bots or other automated methods to add or download contacts, send or redirect messages or perform other permitted activities;
Access, via automated or manual means or processes, our Website or App for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of our Website or App;
Attempt to or actually access our Website or App by any means other than through the interfaces provided by us;
Attempt to or actually override any security component included in or underlying our Website or App;
Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Members or our personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;
Remove any copyright, trademark or other proprietary rights notices contained in or on our Website or App, including ours or any Sponsor’s;
Remove, cover or otherwise obscure any form of advertisement included on our Website or App;
Harass, abuse or harm another person, including sending unwelcome communications to others using our Website or App;
Share information of non-Members without their express consent;
Interfere with or disrupt our Website or App, including but not limited to any servers or networks connected to our Website or App;
Invite people you do not know to join My Account;
Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo or video (if applicable);
Use or attempt to use another’s account without our authorization, or create a false identity on our Website or App;
Infringe or use our brand, logos and/or trademarks, including, without limitation, using the words “AnythingJacky” or “AnythingJacky.com,” or words likely to be confused with those words, in any business name, email, or URL, except as expressly permitted by us in writing;
Upload, post to My Account, email, transmit or otherwise make available or initiate any content that:
Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by us);
Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (1) using our Website or App to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (2) using our Website or App to connect to people who don’t know you and then sending unsolicited promotional messages to those connections without their permission; and (3) sending messages to distribution lists, newsgroup aliases or group aliases;
Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ours or any Member; and/or headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through our Website or App.
Participate, directly or indirectly, in the setting up or development of a network that seeks to create a pyramid scheme or other similar practice.
10.Website and App Security Rules
You are prohibited from violating or attempting to violate the security of our Website or App, including, without limitation, (a) accessing data not intended for you or logging into a server or account that you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of our Website or App or to breach security or authentication measures without proper authorization, or (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of overloading, “flooding”, “Brute Force Attacks,” “mailbombing” or “crashing.”Violations of Website, App or network security may result in civil or criminal liability. We may investigate occurrences which involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Members who are involved in such violations.
12. Compliance with Applicable Laws
You are responsible for ensuring that your use of our Website and/or App complies with all laws directly or indirectly applicable to you or us. AnythingJacky.com IS NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE WEBSITE OR APP IN WAYS THAT DO NOT COMPLY WITH ANY APPLICABLE LAW.
13. Complaint Procedure
14. Disclaimer of Warranties
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE ANYTHING JACKY PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE ANYTHING JACKY PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE ANYTHING JACKY PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ANYTHING JACKY PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ANYTHING JACKY PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE ANYTHING JACKY PLATFORM WILL BE UNINTERRUPTED OR THAT THE ANYTHING JACKY PLATFORM WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ANYTHING JACKY PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY Service OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE ANYTHING JACKY PLATFORM.
NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.
NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE ANYTHING JACKY PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
IN ADDITION, NOTWITHSTANDING ANY FEATURE A CLIENT MAY USE TO EXPEDITE ANYTHING JACKY SELECTION, EACH CLIENT IS RESPONSIBLE FOR DETERMINING THE Service AND SELECTING THEIR SERVICE PROVIDER AND COMPANY DOES NOT WARRANT ANY GOODS OR SERVICES PURCHASED BY A CLIENT AND DOES NOT RECOMMEND ANY PARTICULAR SERVICE PROVIDER. COMPANY DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY TASKER’S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE.