PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR PLATFORM OR SERVICES.
These terms of use (“Terms”) apply to your access to and use of the website found at https://gigarooapp.com including any of its subdomains, affiliated websites and mobile applications, as applicable (collectively, the “Platform”) and any product, service or feature provided by us or through the Platform (collectively, the “Services”), all of which are owned and operated by Gigaroo Ltd., either directly or through one of its affiliates ("Company", “we”, or “us”).
Our Privacy Policy is incorporated into and form an integral part of these Terms, and each forms a legally binding agreement between you and us. By accessing the Platform, or using the Services you agree to the Terms, and Privacy Policy. If you do not agree to any of the above, you should exit our Platform and not use the Services.
Use of and access to the Platform is void where prohibited by law. By using the Platform, you represent and warrant that you are above the age of majority (as determined under the applicable laws where the individual resides; “Age of Majority”), and that your use of the Platform does not violate any applicable law or regulation.
We grant you a personal, non-transferable, non-exclusive, revocable, limited license to use the Platform and access the Services solely as permitted by these Terms. Our Services may be subject to fees. We reserve all rights not expressly granted to you by these Terms.
Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:
Without derogation from any other restrictions on your use of the Platform and Services contained herein or elsewhere in these Terms, you may only use the Platform and Services for lawful purposes, and you will not:
The Platform and the Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”).
We are the owner or the licensee of all intellectual property rights in our Platform, the material published on it and the Content. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal use only. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of Content on our Platform must always be acknowledged. You must not use any part of the Content on our Platform for commercial purposes without obtaining a license to do so from us, or our licensors, as applicable.
Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the Content on our Platform is accurate, complete or up to date. Certain details of the Content, such as prices and special offers, are dynamic and subject to change at any time.
In order to use certain features of the Services, you may need to register for an account (“Company Account”) and provide certain information about yourself as prompted by the Services registration form. You represent and warrant that: (a) all required registration information you submit and any other information you enter into the Company Account is truthful and accurate; and (b) You will maintain the accuracy of such information.
You may delete your Company Account at any time, for any reason, by following the instructions on the Platform. Company may suspend or terminate Your Company Account in cases such as suspected unauthorized use of Your Company Account, or any other breach of security, Company policies, contracts, applicable laws, or if otherwise Company reasonably deems such action necessary in order to protect its interests, at Company’s sole discretion.
Company will not be liable for any loss or damage arising from such suspension or termination, or from your failure to comply with the above requirements. Furthermore, Company will not be liable for any loss or damage arising from any unauthorized access to your Company Account.
You are solely responsible for the activity that occurs in your Company Account, and you must keep your Company Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Company Account.
The Company owns (or has valid authorizations or licenses required for) the Platform, as well as the materials provided on the Platform (including, without limitation, the Services), including all worldwide intellectual property rights in the Platform and the Services, and the trademarks, service marks, and logos contained therein (subject to such trademarks, service marks, and logos which are expressly denoted as belonging to third parties). All rights in the same and all rights not expressly granted hereunder are reserved by the Company to the fullest extent under any applicable law. In addition, we will own any intellectual property in respect of features or functionalities of the Services that are based on your suggestions, improvements or feedback.
You hereby grant us a license to use the data inputted by you or any Authorized Users for the purpose of using the Services or facilitating the use of the Services (“Customer Data”) to enable us to provide the Services.
Except as expressly permitted herein, you may not copy, modify, duplicate, distribute, display, perform, sublicense, decipher, decompile, reverse engineer, translate, port, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Platform, the Services, any content appearing on the Platform, or any material that is subject to our proprietary rights. You may not use any of the foregoing to create any software or service similar to the Platform or Services.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Platform or the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of the Company or any third party.
You may not or attempt to (a) circumvent, disable, or otherwise interfere with security-related features of the Platform or Services or features that prevent or restrict use or copying of any content; (b) use any robot, spider, Platform search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or Service; or (c) harvest, collect or mine information about users of the Platform or Services.
We take all breaches of our Terms seriously and if we do consider that a breach of these Terms has occurred, we may take such action as we deem appropriate, which may extend to any one or all of the following:
We exclude our liability for all action we may take in response to breaches of our Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
You acknowledge that these Terms are between you and Company and not with Apple Inc. ("Apple") or Google Inc. ("Google"). The Google Play Store or the Apple App Store have their own terms and conditions to which you must agree to abide by before downloading the App from them.
You agree to comply with, and your license to use Company Services is conditioned upon your compliance with, all applicable terms and conditions of the Google Play Store or the Apple App Store.
Please note that the following terms apply in addition to all other provisions in these Terms, if you downloaded the Services to your mobile device from the Apple App Store or Google Play Store.
You acknowledge and agree that:
NO REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED, ARE GIVEN REGARDING THE LEGAL OR OTHER CONSEQUENCES RESULTING FROM THE USE OF OUR PLATFORM OR SERVICES. YOUR USE OF THE PLATFORM OR SERVICES IS AT YOUR SOLE DISCRETION, AND RELIANCE ON ANY INFORMATION DERIVED THEREFROM IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE AND/OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE PLATFORM OR THE SERVICES. THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND FROM THE COMPANY. THE INFORMATION CONTAINED IN THESE TERMS ON THE PLATFORM IS PROVIDED FOR GENERAL INFORMATION ONLY.
THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PLATFORM OR SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR YOUR PURPOSES, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT USING THE PLATFORM WILL ASSIST YOU WITH FINDING A JOB AND IS NOT RESPONSIBLE FOR THE JOB OFFERINGS PROVIDED ON THE PLATFORM. THE COMPANY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (A) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PLATFORM OR SERVICES; OR (B) THAT THE PLATFORM WILL BE ERROR-FREE, INCLUDING FREE FROM ANY VIRUSES OR OTHER VULNERABILITIES, OR THAT ANY ERRORS WILL BE CORRECTED; OR (C) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION OR SERVICES PROVIDED BY THE PLATFORM.
WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, TECHNICAL MALFUNCTIONS, OR ANY OTHER LOSS OR DAMAGE RESULTING FROM THE TRANSFER OF DATA OVER COMMUNICATIONS NETWORKS AND FACILITIES, INCLUDING THE INTERNET, TELEPHONE OR CELLULAR PHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, AND YOU ACKNOWLEDGE THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE ALSO NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE OR CELLULAR PHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE PLATFORM, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S MOBILE DEVICE OR COMPUTER RELATED TO OR RESULTING FROM USAGE OF THE PLATFORM OR THE SERVICES.
THE COMPANY MAKES NO COMMITMENT TO UPDATE THE PLATFORM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL, LOSS OR CORRUPTION OF DATA OR INFORMATION, PURE ECONOMIC LOSS, OR SIMILAR LOSSES), PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, THE SERVICES OR ANY CONTENT INCLUDED ON THE PLATFORM (INCLUDING ADVERTISEMENTS), INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE PLATFORM, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN EACHAPPLICABLE JURISDICTION AND YOU HEREBY WAIVE YOUR RIGHTS TO ANY CLAIMS AGAINST US ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, WHETHER IN EXISTENCE NOW OR COMING INTO EXISTENCE IN THE FUTURE. IN THE EVENT THAT THE FOREGOING IS UNENFORCEABLE UNDER APPLICABLE LAW OR A COURT OF COMPETENT JURISDICTION DETERMINES THAT THE FOREGOING IS UNENFORCEABLE, OUR TOTAL AGGREGATE LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE, ARISING IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THESE TERMS, THE PLATFORM AND THE SERVICES, SHALL BE LIMITED TO $100US.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE PLATFORM OR FROM ANY CONTENT POSTED ON OR THROUGH THE PLATFORM.
YOU ASSUME SOLE RESPONSIBILITY FOR THE INFORMATION INPUTTED BY YOU ON THE PLATFORM OR IN CONNECTION WITH YOUR USE OF THE SERVICES ANY SETTINGS YOU DEFINE. WE SHALL HAVE NO LIABILITY FOR ANY DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY INFORMATION OR INSTRUCTIONS PROVIDED TO US AND/OR ON THE PLATFORM AND/OR IN RESPECT OF THE SERVICES BY YOU, OR ANY ACTIONS TAKEN BY US AT YOUR DIRECTION.
WE SHALL HAVE NO LIABILITY TOWARDS YOU IN RESPECT OF ANY ACTIONS TAKEN BY YOU ON THE BASIS OF ANY RESULTS OBTAINED FROM YOUR USE OF THE SERVICES, AND FOR THE AVOIDANCE OF DOUBT IT IS HEREBY ACKNOWLEDGED AND AGREED THAT IT SHALL BE SOLELY YOUR RESPONSIBILITY TO USE THE SERVICES IN ACCORDANCE WITH APPLICABLE LAW.
YOU HEREBY RELEASE US FROM ANY DAMAGES, CLAIMS OR OTHER CAUSE OF ACTION RELATED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE PLATFORM OR THE SERVICES.
ANY CAUSE OF ACTION AGAINST THE COMPANY MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE SUCH CAUSE OF ACTION AROSE.
You shall defend, indemnify, and hold harmless the Company, its affiliates and each of their employees, contractors, directors, officers, suppliers, agents, service providers and representatives from all liabilities, losses, claims, and expenses (including without limitation to reasonable attorney’s fees), including, but not limited to, any third party claims brought by the your employees, that arise from or relate to (a) Customer Data or User Content, (b) your access, use or misuse of the Platform and Services, (c) your violation of these Terms or any applicable law, contract, policy, regulation or other obligation, (d) your negligence, intentional misconduct, or fraud. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and fully cooperate with the Company in connection therewith.
Portions of the Platform involve linking to websites belonging to third parties. The Platform may also provide you with links to access the websites of third party vendors or retailers. We have no control over third-party sites, and all use of third-party sites is at your own risk. Additionally, the Company cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. The Company is not responsible for content available by means of such sites. The Company does not endorse any products offered by third parties and we urge our users to exercise caution in using third-party sites.
In the event that any provision of these Terms is held to be invalid or unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect.
Nothing in these Terms creates any agency, employment, joint venture, partnership or other relationship not herein specifically and explicitly agreed between you and the Company or authorizes you to act on behalf of the Company.
We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void.
Our rights hereunder will survive any termination or expiration of these Terms.
Failure by us to enforce any provision of these Terms will not be considered a waiver of the right to enforce such provision. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
These Terms do not confer any rights on any person or party other than the parties to these Terms. There are no third-party beneficiaries to these Terms.
Unless a specific agreement is signed by you and us, these Terms constitute the entire and only agreement between you and us, and supersede all prior or contemporaneous agreements, representations, warranties and understandings that relate to the subject matter hereof. In any case that a specific agreement is signed by you and we, its provisions shall supersede the provisions of these Terms.
Company shall not be responsible for any failure to perform any obligation or provide any service hereunder because of any (a) act of God, (b) war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, and/or (d) other similar cause beyond Company's reasonable control. For the avoidance of doubt, any problems relating to the hosting of the Services shall not be deemed within Company's reasonable control.
These Terms are governed by the laws of the State of Delaware, and the eligible courts in Delaware, shall have exclusive jurisdiction over all disputes between the parties related to these Terms of Use; however, Company may bring suit for payment in the country where you or your entity are located.
gigaroo may invite you to participate in one of its referral programs to encourage people to use the gigaroo app. Participating in a referral program (either by referring your friends or family)and other users of the gigaroo apps (collectively "gigaroo users") to earn extra money (“Referral Reward”).
gigaroo Referral Program guidelines (the "guidelines ") apply to referral programs that are administered solely by gigaroo. By submitting a referral claim, you are agreeing to be bound by these guidelines. Any violation of these guidelines will prevent you from participating in any gigaroo referral program (now or in the future) and could also result in the future prohibiting other rewards of your account. In addition, there may be other terms that apply to your Referral Reward based on the city where you signed up, including what actions you may need to take as well as the type and amount of the Referral Reward. See the additional terms that came with your invitation or those provided in our app or website when you made your referral. Please note that these guidelines are in addition to the Terms of Use governing your use of gigaroo apps as well as any agreement (if one exists) between you and gigaroo or any of its subsidiaries and affiliates related to your interactions with gigaroo.
Anyone may be a referrer/inviter who (a) is a legal resident of the United States, (b) is 15 years of age or older, and (c) has a gigaroo account. Referrers/inviters can be any type of gigaroo user; however, they cannot have more than one account for each gigaroo product or service.
2.1 Referees / Invitees.
Your friends, family, and other people you know (but not yourself) may be eligible to be referees/invitees. To determine eligibility, keep in mind the following terms:
(a) Eligible referees/invitees for gigaroo users app: To receive a Referral Reward for referring someone who downloads the gigaroo app, your referee/invitee must (a) be a new gigaroo user of the marketplace, (b) meet the conditions gigaroo has for using the app, and (c) complete the actions required by the specific referral program 1. downloaded the gigaroo app 2. applied for a one or several positions 3. have been in a minimum of 1 employer interview. Every claim has to contain referee's first and last name, phone number and e-mail, without that there will be no option to claim a Referral
(b) Eligible referees/invitees for Businesses through the gigarpp app: To receive a Referral Reward for Businesses please e-mail csm@gigarooapp.com
Log in to the gigaroo app -> user profile -> settings -> claim Referral. Fill out the form with all relevant details, and them submit it. Withing 30 days you will be notified about the status by message or email
As long as you and your referee/invitee follow these Rules and the Terms of Use governing your use of gigaroo apps, you should receive your Referral Reward after your referee/invitee uses and completes the requirements for the particular Referral Reward 1. downloaded the gigaroo app 2. apply for a one or several positions 3. have been in a minimum of 1 employer interview.
Referral Rewards are flexible, and the amount of a Referral Reward may change from time to time. As a result, if your referee/invitee signs up in a city that is different from yours, they may receive a different referral offer than the one stated in your invitation (they may receive the offer available in their sign-up city). That means you might end up with a different Referral Reward than you thought (you may receive the Referral Reward available for the invitee's sign-up city). Please note that although you can invite someone from a different city, you cannot invite anyone from a different country.
gigaroo reserves the right to set a limit on the number of times you may claim your referral. The requirements for receiving, and the amounts of, Referral Rewards are subject to change at gigaroo sole discretion. Referral Rewards from gigarpp are not transferable and may expire. As soon as you sign up to gigarooapp, or registered a business account with gigaroo, you may start referring new users and earn Referral Rewards!
gigaroo reserves the right to change, end, or pause, in whole or in part, any referral program, as well as any referrer/inviter's or referee/invitee's ability to participate in any referral program or receive Referral Rewards at any time for any reason, including suspected fraud (including by either the referrer and/or referee/invitee), abuse, or any violation of these Rules. If gigaroo ends any referral program, any unused or unredeemed Referral Rewards may be forfeited at that time, provided we give you 30 days of notice to use or redeem your Referral Rewards. gigaroo may update these Rules at any time. If gigaroo makes an update, gigaroo will post the update on the gigarooapp.com website and applications and provide you notice of the update. Continued participation in any referral program after any update will mean that you have agreed to the update.
We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, in whole or in party, the Platform or any of the Services, without notice, at any time. You agree that your continued use of the Platform and Services following such modifications constitutes your acceptance of such modifications.
If you have any general questions about the Platform or these Terms of Use, you can contact us at info@gigarooapp.com
