These terms and conditions ("Terms", "Agreement") are an agreement between Trend Galaxy LLC. ("Trend Galaxy LLC.", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the Perfectlancer.com website and any of its products or services (collectively, "Website" or "Services").
You must be at least 13 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol(IP) address to prevent further registration. While using Perfectlancer.com, you should not try to do or do any of the following: post content in irrelevant areas on our Websites and services violate any laws, third party rights or our policies fail to pay the freelancer whom work you have received and are using fail to deliver the project you are hired to do manipulate the billing process, or fees owed to Trend Galaxy LLC collect information about Users, including email addresses, without their consent post incorrect, inaccurate, deceptive or offensive content (including personal information) take any action that may subvert the feedback systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website) handover your Trend Galaxy LLC account (including feedback) and Username to another party distribute or post spam, unsolicited, or bulk messages, or pyramid schemes publish viruses or any other harmful data that may damage Trend Galaxy LLC or the interests or property of its 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 use listings from our website with listings from other websites without our express written permission.
We do not own any data, information or material ("Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purposes(Why should we take this right from ourselves?). But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms(do we have billing terms?) in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We may use users data for marketing and transactional purposes. We will never sell our user data including email addresses, phone numbers and so on. Perfectlancer will send emails regarding new projects, projects and proposals approval, Payments and other transactions. We do our best to ensure on-time receipt of our emails but we will not be responsible for any out of control problems. Users can unsubscribe from our emails with the link below our emails and also with the notification setting panel on users dashboards.
The freelancer agrees that he/she is entirely responsible for :
(1) all tax liability associated with payments received from the client of the freelancer and through Trend Galaxy LLC, and that Trend Galaxy LLC will not withhold any taxes from payments to the freelancer;
(2) to obtain any liability, health, workers compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that the freelancer is not covered by or eligible for any insurance from Trend Galaxy LLC;
(3) for deciding whether the freelancer is required by applicable law to issue any particular invoices for the freelancer fees and for issuing any invoices as required;
(4) for determining whether the freelancer is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the freelancer fees and remitting any such taxes or charges to the appropriate authorities, as appropriate;
(5) if outside of the United States, for determining if Trend Galaxy LLC is required by applicable law to withhold any amount of the freelancer fees and for notifying Trend Galaxy LLC of any such requirement and indemnifying Trend Galaxy LLC for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of Trend Galaxy LLC, the freelancer agrees to promptly cooperate with Trend Galaxy LLC and provide copies of the freelancer’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing the freelancer is engaging in an independent business as represented to Trend Galaxy LLC. Trend Galaxy LLC may be required by applicable law to collect taxes or levies including, without limitation, withholding income tax or VAT in the jurisdiction of the Freelancer (which we call from now on as the "Taxes"). In such instances, any amounts Trend Galaxy LLC is required to collect or withhold for the payment of any such Taxes shall be collected in addition to the fees owed to Trend Galaxy LLC under the Terms of Service.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated. Third-party services If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Trend Galaxy LLC. with respect to such other services. Trend Galaxy LLC. is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Trend Galaxy LLC. to disclose your data as necessary to facilitate the use or enablement of such other service. Uptime guarantee We offer the service uptime guarantee of 99% of the available time per month. The service uptime guarantee does not apply to service interruptions caused by:
(1) periodic scheduled maintenance or repairs we may undertake from time to time;
(2) interruptions caused by you or your activities;
(3) outages that do not affect core service functionality;
(4) causes beyond our control or that are not reasonably foreseeable
(5) outages related to the reliability of certain programming environments. Backups We perform regular backups of the Website and Content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Advertisements During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Links to other websites Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, Trend Galaxy LLC. will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk. Prohibited uses In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose;
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. Disclaimer of warranty You agree that your use of our website or services is solely at your own risk. You agree that such service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein. Limitation of liability To the fullest extent permitted by applicable law, in no event will Trend Galaxy LLC., its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Trend Galaxy LLC. has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Trend Galaxy LLC. and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Trend Galaxy LLC. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Site and that any closure of your Account may involve deletion of any content stored in your Account for which Trend Galaxy LLC will have no liability whatsoever. Trend Galaxy LLC, in its sole discretion and as permitted or required by law, may retain some or all of your Account information.
You agree to indemnify and hold Trend Galaxy LLC. and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part. Severability All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect. Dispute resolution The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of California, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in California, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes. Acceptance of these terms You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services. Contacting us If you have any questions about this Agreement, please contact us.