GINJOB Terms of Service
Last Updated: 22.04.2019
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE GINJOB SERVICES, YOU AGREE TO BE BOUND BY THE (1) GINJOB TERMS OF SERVICE AND (2) GINJOB PRIVACY AND DATA PROTECTION POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE GINJOB SERVICES. THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY.
means a software installed from various app stores, accessed or otherwise used by you or your devices (mobile phones and tablets) through which you can access the GINJOB Services.
means the information services set forth in Section 3.1 of this Terms of Service, which may be provided to you by GINJOB free or for a fee.
means a person who offers to provide the Customer with certain services in accordance with the terms specified in the Task.
means a person who posts the Task in the Application and accepts the Contractor’s offer to provide services.
means an invitation of the Customer to provide it with certain services, the specification and terms of which are determined by the Customer in the Application.
Terms that are not defined in Section 1 of this Terms of Service shall be interpreted in accordance with the text of this Terms of Service.
2.1. The Parties to this Agreement.
- What are you agreeing to?
These Terms of Service describe a contractual relationship (“Agreement”) between you ("you" or "your") and private entrepreneur Khromyy Nazar, GinJob (including its subsidiaries, affiliates, agents, and assigns) ("GINJOB", "we", "us", "our"), regarding your use of the Application and your use of any GINJOB Services offered through the Application, and your access to your account in the Application and GINJOB Services through the Application.
2.2. Changes to this Agreement.
GINJOB may unilaterally decide to change this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes. Additionally, YOU AGREE TO ACCEPT ANY CHANGES TO THIS AGREEMENT BY USING THE GINJOB SERVICES AFTER CHANGES HAVE BEEN POSTED. If GINJOB makes any changes to this Agreement that it deems to be material, GINJOB will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement from time to time to see if it has been changed.
2.3. Your Eligibility.
To be eligible to use the GINJOB Services, you must register for and maintain an active personal account in the Application in accordance with the Sections 4.2 and 4.5 of this Agreement. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an account. You represent and warrant that you have the rights, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You agree to comply with all applicable laws when using the GINJOB Services, and you may only use the GINJOB Services for lawful purposes.
3.1. GINJOB Services (subject matter) and Fees.
- How GINJOB will serve you.
will have access via account to the following free
- post Tasks without territorial restrictions;
- chat with Contractors;
- attach images to Tasks;
- receive push notifications as part of the normal business operation of the use of GINJOB Services.
will have access via account to the following free
- offer to perform Tasks of Customers;
- see available Tasks within a radius of 2 km;
- chat with Customers;
- attach images to offers to provide services;
- receive push notifications as part of the normal business operation of the use of GINJOB Services.
GINJOB provides to the Customer
the following GINJOB Services for a fee
- issue vacancy announcements;
- share news in an account.
GINJOB provides to the Contractor
the following GINJOB Services for a fee
- see available Tasks without territorial restrictions.
Fees for greater number of the GINJOB Services shall be paid in accordance with Section 3.5 of this Agreement.
3.2. Service Contract.
We are not a Contractor and do not provide any services except the GINJOB Services. Any services other than the GINJOB Services are provided to the Customer under the service contract ("Service Contract") concluded between the Customer and the Contractor in accordance with the terms specified in a Task provided by the Customer. Service Contract shall be deemed concluded after the Customer accepted the Contractor’s offer to provide services. We are not a party to the Service Contract and act as a technology platform that provides only GINJOB Services for you as stipulated in Section 3.1 of this Agreement. GINJOB does not act as an agent or servant neither of the Customer nor of the Contractor in concluding or performance of the Service Contract and have an authority to act on behalf of the Customer or the Contractor.
YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY OTHER SERVICES EXCEPT THE GINJOBSERVICES THAT DEFINED IN SECTION 3.1 OF THIS AGREEMENT. ANY SERVICES OTHER THAN THE GINJOBSERVICES ARE PROVIDED BY INDEPENDENT PARTIES WHICH ARE NOT EMPLOYED OR SUBCONTRACTED BY US OR ANY OF OUR AFFILIATES.
You acknowledge that different terms of THE Service Contract may apply to you in accordance with the termS you will agree. We do not endorse services under the Service Contract and in no event shall we be responsible or liable for any services under the Service Contract.
3.3. Payments under the Service Contract.
Customer understands that use of the services under the Service Contract may result in charges to the Customer for the services received from the Contractor (“Charges”). You have the right to agree the Charges for services under the Service Contract. After the Customer have received services under the Service Contract, the Customer shall make payment of the Charges directly to the Contractor in accordance with the terms set out in the Service Contract.
After the confirming the receipt of services under the Service Contract, the Customer will have the functional opportunity to rate its experience of cooperation with a specific Contractor and leave additional feedback about the Contractor in the Application.
3.4. Collecting Information about You.
Our collection and use of your personal data in connection with your use of the GINJOB Service is governed by our Privacy and Data Protection Policy located at [insert the link].
We may offer you the opportunity to purchase a subscription to greater number of the GINJOB Services at various levels with each level priced differently. Fees for greater number of the GINJOB Services are stipulated in the Application. We may change the fees at any time and new amount of fees shall be enforced immediately upon publication of the same in the Application. It is your responsibility to remain informed about the current fees. Fees at all levels shall be recurring. No fees shall be refunded and all sales are final.
Your subscription will not automatically renew for an additional period. You сan continue using the greater number of GINJOB Services until your subscription expires. You can see the actual subscription information in your account.
We may cancel your subscription or lower your subscription level if we determine, in our sole discretion, that you have violated the Terms of Service or the law of any jurisdiction, or have engaged in any fraudulent or misleading conduct or communications with us or with any user of the Application. You shall not be eligible for a refund of any portion of the subscription fee paid for the then-current subscription period.
4.1. Non-commercial Use.
- Your use of Application.
GINJOB Services are available solely for your personal, non-commercial use.
4.2. Providing of Accurate Information.
Account registration requires you to submit to us certain information. When you provide information to GINJOB or in connection with the GINJOB Services, you agree to provide only true, accurate, current and complete information about yourself and you agree not to misrepresent your identity or your account information. You further agree to keep your account information up to date and accurate.
GINJOB has the right to require from you identification data in electronic form uniquely representing you. You obliged to provide GINJOB with true, accurate, current and complete identification data. You agree that you may be denied access to or use of the GINJOB Services if you refuse to provide proof of identity.
4.3. Responsible for Fees.
If you use the GINJOB Services, you are responsible for any fees or other amounts that payment system, bank or any third party charges.
4.4. Payment Methods.
You may use one of the available methods of payment to make one-time transactions to pay your purchase of subscription.
4.5. Access to Your Account.
You are responsible for maintaining the secrecy of the login credentials to your account. You agree to establish reasonable security procedures and controls to limit access to the identifying information about you.
4.6. Your Content.
You understand and agree that we may at our sole discretion store for review, ban or delete any messages, images, Tasks, comments and feedback related to the GINJOB Services and services of the Contractors (collectively, "Content") that in the sole judgment of GINJOB violate this Agreement or which might be illegal, or that might violate the rights of, harm, or threaten the safety of other users or any third parties.
You are solely responsible for the Content that you publish or display in the Application, or transmit to other ones.
By posting Content in the Application you automatically grant, represent and warrant that you have the right to grant to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content, and to grant and authorize sublicenses of the foregoing.
You agree that we shall solely and perpetually own all right, title and interest to the Content posted by you in the Application, and shall have the rights to distribute, license, sub-license, market, promote, exhibit and otherwise exploit all rights therein in perpetuity, throughout the universe, in all languages and in all media formats and by any and all means (whether now known or later developed) with no further obligation or compensation to you.
4.7. Content of the Application.
The information in the Application is for information purposes only. We do not make any promises as to its completeness, timeliness or accuracy. The information and materials contained in the Application are subject to change without notice.
Access to the GINJOB Services may from time to time be unavailable, delayed, limited or slowed due to, among other things:
4.8. Links to Other Websites and Mobile Applications.
- servers, networks, hardware failure (including your own device), telecommunication lines and connections, and other electronic and mechanical equipment;
- software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of screening programs, unreadable codes, or irregularities within particular documents or other content;
- overload of system capacities;
- damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
- interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor;
- governmental or regulatory restrictions, court decisions or other external intervention; or
- any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of GINJOB.
Links to non-GINJOB websites and mobile applications are provided solely as pointers to information on topics that may be useful to you, and we have no control over the content on such non-GINJOB websites and mobile applications. We make no warranties concerning the content of such websites and mobile applications, including the accuracy, completeness, reliability of said websites and mobile applications, nor do we warrant that such website and mobile applications or their content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such website and mobile applications or their content is devoid of viruses or other contamination. If you choose to follow a link to a website or mobile application not controlled by GINJOB, you must do so at your own risk. We do not guarantee the authenticity of documents on the Internet. Links to non-GINJOB websites or mobile applications do not imply any responsibility of GINJOB for the opinions, ideas, products, information or services offered at such sites and mobile applications.
4.9. Closing Your Account.
You may request to close your account at any time. Upon account closure, we will cancel any pending transactions unless otherwise legally prohibited. In such case, you shall not be eligible for a refund of any portion of the subscription fee paid for the then-current subscription period. You may not close your account to evade an investigation. You will remain liable for all obligations related to your account even after the account is closed. We will retain your information in accordance with our Privacy and Data Protection Policy and any applicable state law, rule or regulation.
4.10. Dormant Accounts.
We may close your account if you do not log in to your account or use the GINJOB Services for 12 months. We will retain your information in accordance with Section 4.9 above.
4.11. Feedback You Provide.
If you submit comments or provide another feedback to us, you agree that we can use them without any restriction or compensation to you.
- How you may NOT use GINJOBSERVICES.
By using the GINJOB Services, you agree that:
- you will not engage in any activities related to the GINJOB Services that violate any applicable law or breach this Agreement or any other agreement or policy you have with GINJOB;
- you will not provide false, inaccurate or misleading information;
- you will not provide information belonging to any person other than yourself or use an account that belongs to another person for yourself or on behalf of another person;
- you will not post the Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- promotes information that you know is defamatory, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated files or links to them, providing information to circumvent manufacture installed copyright protected devices;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- publicly displays inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity);
- provides material that exploits people under the age of 18 or the age of legal majority in your jurisdiction (if different than 18), or solicits personal information from such people;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- made by or in support of terrorist groups or content that promotes terrorist acts, including recruitment;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages other users in commercial activities without GINJOB prior written consent such as contests, sweepstakes, barter and advertising;
- you will not include in your account any telephone numbers, addresses, names, URLs or email addresses of third parties. You may not include in your correspondence with other users any URLs, email addresses or telephone and fax numbers of third parties;
- you will not use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the GINJOB Services or to surreptitiously intercept or expropriate any data or personal information from the Application;
- you will not use the GINJOB Services in connection with any commercial endeavors;
- you will not collect data from Application either by authorized and not authorized ways through automated means (bots, spiders, scrapers or equivalent means), or by establishing fake user accounts or by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity in the Application. You may not collect data from the Application by any other means including manual collection of data;
- you will not commit unauthorized use of the Application and systems including but not limited to unauthorized entry into our systems, or misuse of any information posted in the Application; and
- you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique.
You may file a complaint on actions of other users if he or she violates this Terms of Service to our email: firstname.lastname@example.org
Illegal and/or unauthorized use of the GINJOB Services will be investigated, your subscription will be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, or other proceedings.
6.1. Disputes between users.
- Disputes resolution.
You are solely responsible for your interactions with other users of Application. GINJOB reserves the right, but has no obligation, to monitor disputes between you and other users of Application.
6.2. Disputes with GINJOB.
If a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact us at email@example.com to try resolving your problem directly with us.
6.3. Mandatory Litigation.
THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE.
Except as explicitly provided in this Agreement, any dispute or claim relating in any way to your access to the Application, your use of the GINJOB Services, or otherwise arising out of or relating to this Agreement or the GINJOB Services that cannot be resolved directly between you and GINJOB shall be resolved by the respective court of Ukraine.
You and GINJOB agree that any litigation shall be limited to the dispute between GINJOB and you individually. To the fullest extent permitted by law, (i) no litigation shall be joined with any other; (ii) there is no right or authority for any dispute to be resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
6.5. Exceptions to Informal Negotiations and Mandatory Litigation.
You and GINJOB agree that the following disputes are not subject to the above provisions concerning informal negotiations and mandatory litigation (i) any disputes seeking to enforce or protect, or concerning the validity of, any of your or GINJOB's intellectual property rights; and (ii) any claim for injunctive relief.
- Miscellaneous Provisions.
We operate and control the GINJOB Services from our office in village town of Podvolochisk, street Nadzbruchanska 8a. The information provided on the GINJOB Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject GINJOB to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the GINJOB Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement is effective until terminated by either party. You may terminate this Agreement by destroying all materials obtained through the Application, paying all amounts you owe (including any fees or expenses incurred or imposed by GINJOB) in full and deleting account and Application. The privileges granted to you under these Terms of Service will terminate immediately and automatically without additional notice from GINJOB if, in our sole discretion, you fail to comply with any term or provision of these Terms of Service. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Service. You may not assign these Terms of Service and the rights and obligations hereunder without our prior written consent, but we may assign these Terms of Service and our rights and obligations hereunder to any party at any time without any notice to you. Upon our request, you will furnish us any documentation or information necessary to verify your compliance with these Terms of Service. You agree that these Terms of Service will not be construed against GINJOB by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto.
7.2. Enforceability and Governing Law.
The failure of GINJOB to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and GINJOB with regard to your use of the GINJOB Services and any previous Terms of Service that may exist between you and GINJOB is hereby superseded. These Terms of Service cannot be changed or modified by you. If any provision of this Agreement is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced. The laws of Ukraine govern your access to, and use of, the GINJOB Services and the terms of this Agreement.
7.3. Intellectual Property.
All content, design, graphics, compilation, translation, digital conversion and other matters to the GINJOB Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by GINJOB or one of its affiliates. The copying, redistribution, use or publication by you of any part of the Application, unless expressly permitted in this Agreement, is strictly prohibited. Use of the GINJOB Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you may access. The posting of information or materials in the Application does not constitute a waiver of any right in such information and materials.
You agree to indemnify, defend and hold us and our affiliates harmless from any liability, related to your use of the GINJOB Services or any violation of this Agreement.
7.5. DISCLAIMER OF WARRANTY.
THE GINJOBSERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE AND OUR AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES ABOUT (i) THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE GINJOBSERVICES OR THE SERVICES OF THE CONTRACTORS OR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE APPLICATION OR (ii) THE ACCURACY, OR RELIABILITY OF THE CONTENT IN THE APPLICATION. WE AND OUR AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE GINJOBSERVICES OR THE SERVICES OF THE CONTRACTORS, INCLUDING ANY WARRANTY REGARDING NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. GINJOB AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY APPLICATION INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE GINJOBSERVICES OR THE SERVICES OF CONTRACTORS.
GINJOB DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE CONTRACTOR. THE CUSTOMER AGREES THAT THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICES OF THE CONTRACTORS UNDER THE SERVICE CONTRACT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
7.6. LIMITATION OF LIABILITY.
GINJOB AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY SERVICES AVAILABLE FROM OR THROUGH THE APPLICATION. IN PARTICULAR, GINJOB AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF SERVICE CONTRACTS, BREACH OF WARRANTY, TORT OR OTHERWISE; NOR ARE WE AND OUR AFFILIATES LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE. NONE OF THE GINJOBSERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER WE NOR OUR AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION OF THE APPLICATION BEYOND OUR REASONABLE CONTROL.
WE AND OUR AFFILIATES SHALL NOT BE RESPONSIBLE OR LIABLE, WITHOUT LIMITATION, FOR THE ACTS AND OMISSIONS OF CONTRACTORS and for INFRINGEMENT, MERCHANTABILITY, OR FITNESS THE SERVICES UNDER THE SERVICE CONTRACT FOR A PARTICULAR PURPOSES.
GINJOB cannot guarantee that each user is at least the required minimum age, nor does it accept responsibility or liability for (i) any Content or other use of the GINJOB Services or access of the Application by persons under the age of 18, or the age of legal majority in your jurisdiction (if different than 18) in violation of this Agreement; (ii) Contractor’s expertise, knowledge, skills, understandings and other capabilities needed to provide the services under the Service Contract. Also, it is possible that other users may post or transmit offensive or obscene materials through the Application and that you may be involuntarily exposed to such offensive or obscene materials. It also is possible for others user to obtain personal information about you due to your use of the GINJOB Services. GINJOB is not responsible for the use of any personal information that you disclose in the Application. Please carefully select the type of information that you post in the Application or release to others users.
GINJOB DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF OTHER USERS, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE Application OR OTHERWISE.
IN NO EVENT SHALL GINJOB’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE APPLICATION AND GINJOBSERVICES EXCEED 2000 UAH.
THESE LIMITATIONS OF LIABILITY STATED HEREUNDER AND DISCLAIMER IN SECTION 7.5 OF THIS AGREEMENT DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
7.7. No Third-Party Beneficiaries.
This Agreement is concluded between you and GINJOB. No user has any rights to force GINJOB to enforce any rights it may have against you or any other user.