HKBOND Global Terms of Service
Last updated: April 15, 2021
These Terms of Service constitute a legally binding agreement between you and HKBOND, Inc. (“HKBOND”) governing your use of the HKBOND Platform. HKBOND’s websites (the “Sites”), mobile applications (the “Apps”), and related services, information and communications are collectively referred to as the “HKBOND Platform.”
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE HKBOND PLATFORM.
BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE HKBOND PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING, AS APPLICABLE FOR U.S AND CANADIAN USERS, THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT) AND YOU ACCEPT ALL OF ITS TERMS.
Your use of the HKBOND Platform in a country other than the country in which you register constitutes your acceptance of and agreement to all of the terms and conditions in the Agreement for that country.
A few highlights of these Terms of Service include:
- • You must be at least the legally required age in the jurisdiction in which you reside and otherwise capable of entering into binding contracts, in order to use or access the HKBOND Platform.
- • Your agreement that the technology for the HKBOND Platform is provided “as is” and without warranty.
- • Your agreement that HKBOND provides no warranty and has no liability regarding User action on the HKBOND Platform or the performance of Tasks.
- • Your acknowledgment and agreement that HKBOND does not supervise, scope, direct, control, or monitor a Tasker’s work and the Tasks performed.
- • Your acknowledgement and agreement that Clients are solely responsible for determining if the Tasker they hire is qualified to perform the Task.
- • Your acknowledgement and agreement that Taskers are independent contractors of Clients and not employees, independent contractors or service providers of HKBOND.
- • Your agreement to hold harmless and indemnify HKBOND from claims due to your use or inability to use the HKBOND Platform or content submitted from your account to the HKBOND Platform.
1. The HKBOND Platform Connects Taskers and Clients
The HKBOND Platform is a web-based communications platform which enables connections between Clients and Taskers. “Clients” are individuals and/or businesses seeking to obtain short-term services (“Tasks”) from Taskers and are therefore clients of Taskers, and “Taskers” are businesses seeking to perform Tasks for Clients. Clients and Taskers together are hereinafter referred to as “Users.” If you agree on the terms of a Task with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.
TASKERS ARE INDEPENDENT BUSINESS OWNERS. TASKERS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF HKBOND. HKBOND DOES NOT PERFORM TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, HKBOND OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CLIENTS WITH SERVICE PROVIDERS (TASKERS) WHO WISH TO PERFORM A VARIETY OF TASKS.
USERS HEREBY ACKNOWLEDGE THAT HKBOND DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A TASKER’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE TASKS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
Any reference on the HKBOND Platform to a Tasker being licensed or credentialed in some manner, or "badged," “reliable,” “reliability rate,” “elite,” “great value,” "background checked," “vetted” (or similar language) designations indicates only that the Tasker has completed a relevant account process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by HKBOND of such Tasker’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Taskers whom they contact or interact with via the HKBOND Platform.
The HKBOND Platform enables connections between Users for the fulfillment of Tasks. HKBOND is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Tasks, Taskers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. HKBOND makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Tasks requested or services provided by, or the communications of or between, Users identified through the HKBOND Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
2. User Background Checks and User Representations and Warranties
User Background Checks
Users may be subject to a review process before they can register for and during their use of the HKBOND Platform, which may include but is not limited to: identity verification, right to work checks, and criminal background checks, using third party services as appropriate (“Background Checks”). Although HKBOND may perform Background Checks, HKBOND cannot confirm that each User is who they claim to be, and HKBOND cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. HKBOND will not be liable for any false or misleading statements made by Users of the HKBOND Platform.
NEITHER HKBOND, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE HKBOND PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE HKBOND AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE HKBOND PLATFORM.
User Representations and Warranties
All Users represent and warrant that:
- • You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for U.S. based users), and are otherwise capable of entering into binding contracts;
- • You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
- • You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Task or any interaction by or with any User and/or HKBOND in connection with the HKBOND Platform without the prior written consent of HKBOND and/or the relevant User, as applicable;
- • You will fulfill the commitments you make to other Users, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Tasker or Client as the case may be, and only utilize the third party payment service provider specified or approved by HKBOND to make or receive payment for services provided through the HKBOND Platform (the “PSP”);
- • You will act professionally and responsibly in your interactions with other Users;
- • You will use your real name or business name and an up-to-date photo on your profile;
- • When using or accessing the HKBOND Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
- • You will not use the HKBOND Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
- • Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
- • Other than as fully and promptly disclosed in writing to HKBOND, you do not have any motivation, status, or interest that HKBOND may reasonably wish to know about in connection with the HKBOND Platform, including without limitation, if you are using or will or intend to use the HKBOND Platform for any journalistic, academic, investigative, or unlawful purpose.
Taskers additionally represent and warrant that:
- • When using the HKBOND Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
- • You are customarily engaged in an independently established business of the same nature as the services performed for Clients through the HKBOND Platform, and maintain an independent clientele;
- • You have the unrestricted right to work in the jurisdiction in which you will be performing Tasks;
- • If the Task is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
- • You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Tasks;
- • You have any and all insurance required to operate your business and provide your services;
- • You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Task(s) as agreed upon with your Client; and providing timely, high-quality services to your Clients;
- • You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.
3. Contract between Clients and Taskers
You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of a Task. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the HKBOND Platform, and any other contractual terms accepted by both the Tasker and their Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand HKBOND’s obligations or restrict HKBOND’s rights under this Agreement. HKBOND is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between HKBOND and the Tasker, nor will it create an employment relationship between the Client and the Tasker. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of HKBOND. HKBOND’s role, beyond enabling connections between Clients and Taskers via it’s web-based communications platform, is to act as a limited payment collection agent for the Tasker to facilitate payment for Tasks on behalf of the Tasker through the HKBOND Platform using the PSP. In acting as the limited payment collection agent for Tasks on the HKBOND Platform, HKBOND disclaims any other agency or authority to act on behalf of the Tasker, and assumes no liability or responsibility for any acts or omissions of the Tasker, either within or outside of the HKBOND Platform.
Where approved in advance by the Client, the Tasker is not obligated to personally perform the Task. Taskers may engage assistants, helpers, subcontractors or other personnel (collectively “Tasker Assistants”). For safety reasons, such Tasker Assistants shall have been background checked through the HKBOND Platform. A Tasker’s failure to comply with this provision shall be a violation of these Terms of Service and could lead to removal from the HKBOND Platform. The Tasker assumes full and sole responsibility for the acts and omissions of such Tasker Assistants and is fully responsible for the lawful payment of all compensation, benefits and expenses of Tasker Assistants, if any, and for all required and applicable tax withholdings as to such Tasker Assistants. Clients are responsible for confirming with their Tasker that any Tasker Assistants are registered Taskers on the HKBOND Platform and Clients understand that they are entering into separate Service Agreements with the Tasker and each Tasker Assistant.
While using the HKBOND Platform, Clients, in their sole discretion, determine whether they will be present or not when a Task is performed. Clients who elect not to be present when a Task is performed agree that if someone other than them books the Task on their behalf or is present when the Task is performed, they are appointing that person as their agent (“Client’s Agent”) and the Tasker may take and follow direction from the Client’s Agent as if such direction was given from the Client him or herself. If you are a Client’s Agent and accessing and using the HKBOND Platform on behalf of a Client, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. Client assumes full and sole responsibility for the acts and omissions of Client’s Agents. Client’s Agents are deemed third parties for the purposes of the Happiness Pledge and are thereby excluded from it.
4. Billing and Payment
Users of the HKBOND Platform contract for Tasks directly with other Users. HKBOND will not be a party to any contracts for Tasks or services. Payment for Task services through the HKBOND Platform is made directly from the Client to the Tasker. HKBOND is not obligated to compensate Tasker for Client’s failure to pay for services.
Users of the HKBOND Platform will be liable for any taxes (including VAT, if applicable in the country where the Task is performed) required to be paid on the Tasks provided under the Agreement.
5. Contests and Promotion
HKBOND may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of HKBOND, and can be implemented, modified, or removed at any time by HKBOND without advance notification.
6. Public Areas; Acceptable Use
The HKBOND Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, task 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 materials that are relevant and proper to the applicable forum. For the safety and integrity of the HKBOND Platform, you should not share your personal contact information with other Users.
Without limitation, the HKBOND Platform may not be used for any of the following purposes:
- • To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and HKBOND staff;
- • To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
- • To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or HKBOND;
- • To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage HKBOND or its Users’ computers;
- • To advertise or offer to sell any goods or services for any commercial purpose through the HKBOND Platform which are not relevant to the Task services;
- • To conduct or forward surveys, contests, pyramid schemes, or chain letters;
- • To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments;
While using the HKBOND Platform, you may not:
- • Use the HKBOND Platform for any unauthorized or illegal purpose, including but not limited to posting or performing a Task in violation of local, state, provincial, national, or international law;
- • Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;
- • Post the same Task repeatedly (“Spamming”);
- • Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the HKBOND Platform;
- • Restrict or inhibit any other User from using and enjoying the Public Areas;
- • Imply or state that any statements you make (whether on or off the HKBOND Platform) are endorsed by HKBOND, without the prior written consent of HKBOND;
- • Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the HKBOND Platform, or the electronic addresses or personal information of others, in any manner;
- • Frame or utilize framing techniques to enclose the HKBOND Platform or any portion thereof;
- • Hack or interfere with the HKBOND Platform, its servers or any connected networks;
- • Adapt, alter, license, sublicense or translate the HKBOND Platform for your own personal or commercial use;
- • Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by HKBOND and Affiliates;
- • Upload content to the HKBOND Platform 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 in an abusive, violent or sexual manner;
- • Use the HKBOND 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 HKBOND Platform as set forth herein;
- • Use the HKBOND Platform to collect usernames, email addresses, or other personal information of Users by electronic or other means;
- • Use the HKBOND Platform or the Task services in violation of this Agreement;
- • Use the HKBOND Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining HKBOND’s trade secret information for public disclosure or other purposes;
- • Attempt to circumvent the payments system or service charge or platform fee in any way including, but not limited to, making or processing payments outside of the HKBOND Platform, providing 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 false identities, or register using a false or disposable email or phone number;
- • Cause any third party to engage in the restricted activities above; or
- • Use tools with the goal of masking your IP address (like the TOR network).
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. HKBOND will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
7. Deactivation and Suspension
HKBOND may suspend your right to use the HKBOND Platform pending its investigation of a potential breach by you of this Agreement. HKBOND may deactivate your account or limit your use of the HKBOND Platform upon its determination that you breached a provision of this Agreement (a “User Breach”). HKBOND will provide you with written notice of its determination.
If HKBOND suspends or deactivates your account or limits your use of the HKBOND Platform pursuant to this Section 8, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Even after your right to use the HKBOND Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. HKBOND reserves the right to take appropriate legal action pursuant to the Agreement.
HKBOND reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the HKBOND Platform at its sole discretion. HKBOND will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, HKBOND shall not be liable to you for any modification or discontinuance of all or any portion of the HKBOND Platform. HKBOND has the right to restrict anyone from completing registration as a Tasker if such person may threaten the safety and integrity of the HKBOND Platform, or if such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the HKBOND Platform and deactivating your account. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the HKBOND Platform.
8. Account, Password, Security, and Telephone Communications
You must register with HKBOND and create an account to use the HKBOND Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by HKBOND for accessing the HKBOND Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. HKBOND has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to notify HKBOND immediately.
You acknowledge that telephone calls to or from HKBOND, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.
You verify that any contact information provided to HKBOND, our agents and affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify HKBOND before the change goes into effect by visiting help.tr.co. If the change regards ownership of your telephone numbers, you may notify HKBOND by texting STOP to any text message sent to the retiring phone number.
9. User Generated Content
“User Generated Content” is defined as any information and materials you provide to HKBOND, its corporate partners, or other Users in connection with your registration for and use of the HKBOND Platform and participation in HKBOND promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that HKBOND is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that HKBOND has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.
You hereby represent and warrant to HKBOND that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Task is performed); (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libellous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with HKBOND or otherwise purport to act as a representative or agent of HKBOND; and (i) will not create liability for HKBOND or cause HKBOND to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.
The HKBOND Platform hosts User Generated Content relating to reviews and ratings of specific Taskers (“Feedback”). Feedback is such User’s opinion and not the opinion of HKBOND, and has not been verified or approved by HKBOND. You agree that HKBOND is not responsible or liable for any Feedback or other User Generated Content. HKBOND encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. HKBOND is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such feedback. Each Client should undertake their own research to be satisfied that a specific Tasker has the right qualifications for a Task.
HKBOND respects the personal and other rights of others, and expects Users to do the same. HKBOND is entitled to identify a User to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.
If a User believes, in good faith, that any User Generated Content provided on or in connection with the HKBOND Platform is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify HKBOND. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify the HKBOND.
10. Links to Third-Party Websites
The HKBOND Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by HKBOND or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the HKBOND Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. HKBOND does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that HKBOND is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that HKBOND has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the HKBOND Platform at its sole discretion.
The use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. HKBOND expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the HKBOND Platform. You hereby agree to hold HKBOND harmless from any liability that may result from the use of links that may appear on the HKBOND Platform.
As part of the functionality of the HKBOND Platform, you may link your account with online accounts you may have with third party social networking service providers (such as Facebook or Google) (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the HKBOND Platform; or (ii) allowing HKBOND to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to HKBOND and/or grant HKBOND access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating HKBOND to pay any fees or making HKBOND subject to any usage limitations imposed by such third-party service providers. By granting HKBOND access to any Third-Party Accounts, you understand that (i) HKBOND may access, make available and store (if applicable) your public profile that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through the HKBOND Platform via your HKBOND account, including without limitation any friend lists, and (ii) HKBOND may submit to and receive additional information from your Third-Party Account to the extent specified when you link your account with the Third-Party Account. Unless otherwise stated in these Terms of Service, all SNS Content shall constitute User Generated Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information or personal data that you post to your Third-Party Accounts may be available on and through your account on the HKBOND Platform. Please note that if a Third-Party Account or associated service becomes unavailable or HKBOND’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the HKBOND Platform. You will have the ability to disable the connection between your account on the HKBOND Platform and your Third-Party Accounts at any time, by revoking permissions in the account settings of your Third-Party Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. HKBOND makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and HKBOND is not responsible for any SNS Content.
11. HKBOND Operates as an Online Marketplace
HKBOND operates as an online marketplace that connects Clients with service providers (Taskers) who wish to perform a variety of Tasks. HKBOND does not perform Tasks and does not employ people to perform Tasks. Taskers operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for Clients through the HKBOND Platform. HKBOND does not control or direct the Taskers’ performance of their services or set their work locations or work hours. Taskers provide services under their own name or business name, and not under HKBOND’s name. Taskers provide their own tools and supplies to perform their services; HKBOND does not provide the tools or supplies. Taskers are free to maintain a clientele without any restrictions from HKBOND and are free to offer and provide their services elsewhere, including through competing platforms. HKBOND does not set Taskers’ hours or terms of work. Taskers are free to accept or reject Clients and contracts. Taskers are not penalized for rejecting Clients or contracts, though if Taskers accept a Client or contract through the HKBOND Platform, they are expected to fulfill their contractual obligations. Taskers set their own rates for services performed in the HKBOND general marketplace, without deduction by HKBOND.
The HKBOND Platform is not an employment agency service or business and HKBOND is not an employer of any User. Taskers acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Tasks and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
12. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including HKBOND designs, trademarks, and logos (collectively “Proprietary Material”) that Users see or read through the HKBOND Platform is owned by HKBOND, excluding User Generated Content, which Users hereby grant HKBOND a license to use as set forth above. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. HKBOND owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the HKBOND Platform without HKBOND’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.
The service marks and trademarks of HKBOND, including without limitation HKBOND, HKBOND for Good, and associated logos, are service marks owned by HKBOND. Any other trademarks, service marks, logos and/or trade names appearing via the HKBOND Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
13. Copyright Complaints
HKBOND respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the HKBOND Platform infringe upon your copyright or other intellectual property right, please email to HKBOND.
14. Confidential Information
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of HKBOND and agree that you will not, for the lifetime of your account on HKBOND plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the HKBOND Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify HKBOND in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to HKBOND promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of HKBOND’s trade secrets, confidential and proprietary information, and all other information and data of HKBOND that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to HKBOND or HKBOND’s business, operations or properties, including information about HKBOND’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
You hereby agree to indemnify, defend, and hold harmless HKBOND and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the HKBOND Platform; (ii) your participation in Tasks, or your ability or inability to perform or obtain the performance of Tasks or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in Section 2; (vi) any content submitted by you or using your account to the HKBOND Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) if you are a Client, the acts or omissions of any Client’s Agents. HKBOND reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of HKBOND.
16. Dispute Resolution
To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the HKBOND Platform, your relationship with HKBOND, Tasks, or this Agreement (including previous versions), (“Dispute”), you and HKBOND agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least 30 days before initiating any out of court settlement
17. No Agency; No Employment
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Taskers alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Tasks. Indeed, certain types of Tasks and services may be prohibited altogether, and it is the responsibility of Taskers to avoid such prohibited Tasks and services. Penalties may include fines or other law enforcement. If you have questions about how national/ state/ provincial/ territorial and local laws apply to your Tasks and services on the HKBOND Platform, you should first seek appropriate legal guidance.
Because HKBOND does not supervise, scope, direct, control, or monitor a Tasker’s work or performance of Tasks, Clients must determine for themselves whether a Tasker is qualified to perform the specific Task at hand. Clients may wish to consult their national/state/provincial/territorial or local requirements to determine whether certain Tasks are required to be performed by a licensed or otherwise registered professional. Clients may also wish to discuss with their Tasker any specific hazards, obstacles, or impediments in the Task location (both visible and concealed) that may impact the performance of the Task.
19. Changes to this Agreement and the HKBOND Platform
20. No Rights of Third Parties
The provisions of this Agreement are for the sole benefit of the Parties and their successors and permitted assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights except as set forth in Section 20) or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that a Client’s Agent may act in the name of and on behalf of his/her Client.
21. Notices and Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.
22. Consent to Electronic Signatures
By using the HKBOND Platform, you agree to transact electronically through the HKBOND Platform. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.