Terms and conditions of use
Published on July 21, 2014
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Your use of our website and/or any other services that we provide in connection with our website (collectively Site) is governed by these terms and conditions (Terms). By using our Site you are deemed to have read and agreed to these Terms. If you do not agree to these Terms, you must cease accessing and using our Site immediately.
Use of our Site
- Our Site is an online marketplace which enables connection between those who require Earth observation services (Customers) with people who can provide those services (Vendors). This is achieved by Customers posting details on their tasks by placing requests on our Site (Requests) and Vendors indicating that they are willing to undertake the Services.
- Unless otherwise stated or apparent from the context, these Terms apply to both Vendors and Customers using our Site (collectively users).
- You may only use our Site and information obtained from our Site for lawful purposes and must ensure that your use of our Site does not breach any laws that apply to you.
- In using our Site you must not directly or indirectly:
- cause anything to occur that may disrupt the availability of our Site or any other service or engage in hacking or attempts to gain unauthorized access to any service and you agree to immediately notify us if you become aware of any vulnerability in our Site; or
- send commercial electronic messages or any other unsolicited communications of any kind to any person (or use information obtained from our Site in order to do so).
- We charge fees for facilitating the connection between Customers and Vendors. You agree not to take action that directly or indirectly facilitates or encourages contact between a Customer and Vendor outside the Site in order to minimize or avoid the fees payable to us.
- The Customer agrees to immediately notify us if a Vendor seeks to in any way reduce the potential fees paid to us by minimizing or reducing a bid in order to limit our fees.
- The Vendor agrees to immediately contact us if a Customer seeks to in any way reduce the potential fees paid to us by minimizing or reducing a price, or hourly rate or range.
- Our services are limited to facilitating transactions between Customers and Vendors of Services (Transactions).
- You acknowledge and agree that:
- we do not (unless otherwise stated) offer or supply any Services;
- any Transaction is solely a matter between you and the other user (i.e., between Customer and Vendor);
- we will not participate in, be responsible for, or enforce any contract formed in respect of a Transaction.
- You are solely responsible for:
- enforcing your contractual and other rights in respect of any Transaction; and
- performing your contractual and other obligations in respect of any Transaction and you acknowledge that if you fail to do so, you may be personally liable for breach of contract or incur other legal liability.
- You acknowledge and agree that we do not act as a seller, broker or agent with respect to any Transactions that may occur. We are independent contractors and no relationship of agency, partnership, joint venture, fiduciaries or other similar relationship is created through the use of our Site.
- All the information about the Services to be performed is supplied by users and we do not review, monitor or verify any such information posted to the Site.
- We are not responsible for the accuracy or truth of any information, comments or other content posted by users on the Site.
- We reserve the right to remove or restrict access to any information on the Site if we consider such information to be inappropriate or in violation of these Terms.
- You acknowledge and agree that we have no control over and make no warranty or representation of any kind regarding:
- any Services on our Site;
- the ability of a Vendor to supply Services;
- the ability of a Customer to acquire Services; or
- any communications initiated by any users (including without limitation any confirmation of orders, payment or other information relating to Transactions).
- It is your sole responsibility to satisfy yourself whether a Listing is true and accurate, whether any Services described in the Requests are suitable for your needs and whether to enter into a Transaction with another party.
- We do not offer insurance, indemnity or other protection of any kind in respect of any Transaction. If you wish to obtain or rely on such protection it will be your responsibility to investigate its availability from a third party (such as your credit card provider or insurer) and to secure any entitlements you may have in connection with it.
- We do not warrant or represent that our Site will be accessible by you or available at any particular time or at all.
- We expect users to maintain a high degree of respect and courtesy when posting Requests and descriptions of Services. /br>
ImageAiry.com service description
- A Customer, who has a need for Services to be performed, submits a Request on the Site.
- Unless otherwise expressly stated, a Request is an invitation to treat and not an offer capable of unilateral acceptance. A Customer may withdraw a Request at any time.
- The Vendor is able to view and respond to Requests posted by a Customer. By responding to the Request, the Vendor is representing that he is able to supply the relevant Services.
- When responding to the Request, the Vendor confirms that he has the skills, knowledge and ability to undertake the Services described in the Request.
- The Customer is able to review the responds and makes a selection from all the Vendor responds and offers the Request to the selected Vendor.
- The Vendor reviews the offer and can then communicate with the Customer to confirm any terms and conditions (including payment method and other terms relating to the offer).
- Subject to receipt of our fees (please refer to the ‘Fees’ section below for further information), the selected Vendor will be notified of the new relevant Requests. The Customer may then communicate with the Vendor privately to arrange to undertake the Services.
Submission of information on the Site
- Any person who submits information to our Site (Information) agrees to the Terms under this heading.
- We may, in our sole and absolute discretion:
- refuse to publish the Information on our Site;
- publish the Information on our Site (with any amendments that we may consider necessary); or
- remove the Information from our Site after its publication.
- By submitting Information, you warrant that:
- all content you submit to us (including without limitation text, images and other data) is true, correct, complete, up-to-date and not misleading or deceptive;
- you have complied with all legal requirements that apply to you in connection with the Information;
- you are legally able to provide the relevant Services (including holding any required licenses or other authorizations) and will not breach any laws providing the Services;
- the relevant Services are available and able to be supplied in order to complete a Transaction.
- You grant us a non-exclusive, worldwide, free license to use the Information in accordance with these Terms (including the right to publish the Information on our Site and to use it for our Site.
- You must immediately amend or withdraw any Information you have submitted that does not (or ceases to) comply with these Terms.
- Requests should contain sufficient detail to allow those interested Vendors enough information to be able to provide an appropriate offer and price estimates. Since Vendors must provide an offer to register interest in a Request, it is important that the job posting provides details of any terms or other conditions associated with the Listing. We may remove any Requests for any reason, in our sole discretion.
- When responding a Request, the Vendor must do so in good faith and agrees to provide their Services based on the terms and conditions in the Request. If the Vendor and Customer agree to vary the terms and conditions prior to the bid being accepted and negotiations being finalized, then the Vendor must provide the Services in accordance with the final agreed conditions.
- All information provided by a Vendor as part of a respond to a Request must be accurate, true and complete. We reserve the right to verify all the information provided on a Vendor's profile.
- If a Customer or a Vendor notices a violation of these Terms or wishes to report inappropriate or offensive behavior they may do so via email using the contact details available on the Site.
- There is no charge for the Customer to post a Request or for a Vendor to view content on the Site.
- Fees payable for Services provided through our Site and our payment terms are published on our Site and form part of these Terms. If you acquire any Services for which fees apply you agree to pay those fees in accordance with our published payment terms.
- Our fees and payment terms may be revised from time to time and any such revision will take effect 14 days after the time of their publication on our Site unless otherwise specified.
- Unless otherwise stated, all prices are in US dollars and include all applicable taxes including GST.
- The Vendor is liable to pay our fees. The Vendor is required to pay upon closing a deal (Closing Fee).
- Closing Fee becomes due and payable as soon as the Vendor completes the Service and the Customers pays for it.
Disclaimer and indemnity
- The information on our Site is general information only and does not constitute financial, investment, professional, legal or taxation advice.
- Unless expressly stated otherwise, we do not endorse or recommend any particular Service, Customer, Vendor or third-party business.
- We provide our Site on an ‘as-is’ basis, and without any warranty, representation condition or guarantee, express or implied, except to the extent that we are specifically required to provide such warranties, representations, conditions or guarantees under applicable law.
- Our liability to you for any breach of any implied condition, warranty or guarantee the exclusion of which would cause any part of these Terms to be void is limited to any one of (at our option) supplying again the services in respect of which the breach occurred or payment of the costs of providing those services.
- You agree to indemnify us (and our directors, shareholders and related bodies corporate) for all loss, damage, penalties, fines, expenses, costs and other liability (including legal costs) arising out of or in relation to:
- your use of our Site;
- any Transaction to which you are a party or Services you may provide or acquire following use of our Site;
- any Requests you may create;
- any information that you obtain from our Site; and
- any breach by you of these Terms including any warranty given by you under these Terms,
- and you agree to provide all cooperation we require to defend any claim associated with this indemnity.
- Unless specified otherwise, all copyright and other intellectual property rights in all materials on our Site (including text, graphics, designs, layouts, trademarks, logos, animations and/or sound recordings) belong to or are licensed by us. Requests may contain materials that belong to users, who have licensed them to us for use on our Site.
- The copyright and other proprietary rights in such materials are protected by US intellectual property laws.
- We grant you permission to use these materials solely for the purpose of using our Site in the usual manner. You may also print parts of our Site for your personal use, provided you retain all copyright and other proprietary notices on that material. Otherwise, no material from our Site may be printed, copied, reproduced, distributed, modified, adapted, uploaded, displayed, transmitted, reused, re-posted, published, stored, commercialized, used to create derivative works or framed within another website without our prior written permission.