User Agreement for Acoolme.com
This is an important document which you must consider carefully when
choosing whether to use the www.Acoolme.com website at any time.
This Agreement was last modified on 7th January 2011.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH ACOOLME.COM OFFERS YOU ACCESS TO OUR SERVICES.
Acceptance of User Agreement
This user agreement ("User Agreement" or "Agreement") is a contract
between you and Acoolme International Pty Limited (ACN 134 845 748) if
you are a user of www.acoolme.com.
This user agreement is a contract between you and Acoolme.com PTE Limited (Singapore Company 201022717D)
if you are a user of www.acoolme.com.
trading as the Acoolme Group, ("Acoolme", "we" or "us") which
operates the www.acoolme.com websites ("Site"). The Site is offered
to you conditional on your acceptance of the User Agreement. Please
review the terms and conditions set out below before using the Site.
Your continued use of the Site after such time will signify your
acceptance of this User Agreement.
This User Agreement and all policies and terms incorporated by reference
constitute the entire agreement between you and Acoolme.com as to
its subject matter.
If you do not agree to any of these terms and conditions you should
immediately cease to use the Site. Please note that we may close,
suspend, or limit your access to your Acoolme.com account ("Account")
or the Services provided by us on the Site ("Services"), and/or limit
access to your funds if you carry out activities which are in
contravention of this User Agreement and its associated policies
incorporated by reference.
Amendment of User Agreement
Acoolme.com may amend or modify this User Agreement in whole or in
part from time to time, without notice, by posting an amended User
Agreement on the Site or any linked information. Such updated version
of the User Agreement will be effective at the time we post it.
Acoolme.com offers its Services to its Users. We shall have absolute
discretion as to whether or not we accept a particular applicant or
site for participation in the service. The Site is available only to
individuals or corporate entities who can form legally binding contracts
under applicable law. Without limiting the foregoing, this Site are not
available to persons under 18 years of age. If Users do not qualify,
they cannot use any of Acoolme.com's Services including, but not
limited to, those that require the User's ability to form legally
binding contracts. Each User is responsible for what occurs on their
Account and must report any unauthorised use of their Account to us.
The terms "You", "Your", "User", or "Users" refer to anyone accessing our Services or Site for any reason.
Acoolme.com provides a venue to introduce Users who wish to provide
professional services ("Workers") and Users who seek such
professional services ("Employers")(respectively or jointly as the
"Parties" and individually as a "Party"). The Site enables Users to
identify each other and work together online to complete, invoice and
pay for projects.
3. LEGAL RELATIONSHIP BETWEEN YOU AND ACOOLME.COM
Acoolme.com reserves the right to terminate the participation of any
User without reason but expressly including any User that Acoolme.com
judges to be in violation of the User Agreement. Without limiting the
foregoing, Acoolme.com may terminate the participation of a User if
we think that they are creating problems, legal liabilities (actual or
potential), infringing someone else.s intellectual property rights,
engaging in fraudulent, immoral or illegal activities, or for other
3.2 Relationship between Users
The only parties to a project are the Worker and the Employer. Upon
the Employer awarding a project to a Worker and the Worker's
acceptance of a project on the Site, the Employer agrees to purchase, and
the Worker agrees to deliver the Provider Services in accordance
with the following agreements: (1) the User Agreement; and (2) the User
Services Agreement between the Employer and Worker available on the
Site, as amended from time to time; (3) any other contractual provisions
accepted by both the Worker and Employer uploaded to the Site, to the
extent not inconsistent with the User Agreement; and (4) the project
terms as awarded and accepted on the Site, to the extent not
inconsistent with the User Agreement.
You agree not to enter into any contractual provisions in conflict with
the User Agreement. Any provision of a member contract in conflict with
the User Agreement is void.
3.3 User Responsibilities
The responsibilities of the Wroker and Employer are set out in the Services Agreement between Worker and Employer.
When you enter into a transaction you create a legally binding contract
with another User, unless the transaction is prohibited by law or by
this User Agreement.
You are responsible for ensuring that you comply with your obligations
to other Users. If you do not, you may become liable to that User(s).
You must ensure that you are aware of any domestic laws (including
common law) international laws, statutes, ordinances and regulations
relevant to you as an Employer or Worker, or in any other uses you make
of the Site.
If another user breaches any obligation to you are solely responsible
for enforcing any rights that you may have. For the avoidance of doubt,
Acoolme.com has no responsibility for enforcing any User rights.
3.4 No Insurance
Acoolme.com does not offer any form of insurance or other Employer or
Worker protection which will assist you, because our Site merely
provides the online venue for Users to offer, sell, and buy professional
services and we are not otherwise involved in the transactions and
interactions between Employers and Workers. However, some forms of
payment permitted on the Site, such as PayPal or credit card, may offer
limited employer or worker protection or chargeback services and you should
familiarise yourself with these before proceeding with a transaction of
any kind through the Site.
Because user identification on the Internet is difficult, we cannot and does not confirm each User's purported identity.
3.5 Independent Contractors
Each User acknowledges and agrees that the relationship between Users is
that of independent contractors. Nothing in this User Agreement
creates a partnership, joint venture, agency or employment relationship
between: (1) Users; or (2) between us and any User.
3.6 Services offered by Acoolme.com
Acoolme.com offers a wide range of tools, content, products,
services, benefits, and other resources on the Site of particular
interest to workers and to enable workers to efficiently and
cost effectively manage their careers, professions, and businesses.
These Services are for use only under a non-exclusive, non-transferable,
and non-assignable license under these terms and conditions of use. You
do not have the right to copy, sell, or otherwise exploit for any
commercial purpose the Services or content (in whole or in part), access
to this service or use of this service.
Some of the Services offered at the Site may include feedback to
questions by Users of this service and/or articles with original content
and opinions. Use of this content or links to this content is at the
User's own risk. No warranty is made that the information is accurate or
reliable and Acoolme.com and its related entities, directors,
officers and agents disclaim all liability and responsibility for any
direct or indirect loss or damage you may suffer relying on anything
contained in or omitted from this content.
The User understands and agrees to the following terms:
Our Site merely acts as an online venue to allow Users to offer and buy
professional services. You acknowledge and agree that Acoolme.com is
not involved in the actual transaction between the Workers and
Employers. As a result, Acoolme.com has no control over the quality or
legality of the professional services provided by Users on our Site, or
the ability of Workers to provide the services or the Employers to pay
for the services. We do not guarantee that a User will actually
complete a transaction or act lawfully in using the Site.
Some of the content provided at the Site may relate to various subjects
such as information pertaining to legal matters, financial matters,
health matters, and other matters for which the content of is provided
in an advisory nature. This information is provided solely for
informational and general non-advisory purposes. If desired, Users
should use their own efforts to confirm such information with a
professional(s) in the pertinent field(s). All of the information that
Acoolme.com provides should not be considered professional, medical,
legal, technical, or any other discipline-specific advice.
The Site is a dynamic time-sensitive web site. As such, the information
on the Site will be changed frequently. It is possible that some
information could be considered offensive, harmful, or inaccurate, and
in some cases may be mislabelled or deceptively labelled accidentally by
Acoolme.com or accidentally or purposefully by a third-party,
regardless of whether such third parties are with or without a
legitimate business purpose.
Acoolme.com provides unmonitored access to third-party content.
Acoolme.com is only acting as a venue and/or portal, and has no
liability based on, or related to, the third-party content on this Site,
whether arising under the laws of copyright or other intellectual
property, defamation, libel, privacy, obscenity, or any other legal
discipline. This web site may contain links to third-party web sites.
Acoolme.com does not control nor always review the web sites to which
we link from the Site. Acoolme.com, therefore, cannot endorse the
content, products, services, practices, policies, or performance of the
web sites we link to from the Site, and Users should not treat any link
as such an endorsement or acceptance of veracity or value.
Acoolme.com does not have the resources to nor does it undertake any
obligation to, control, research, verify, validate, or approve the
content that is received or viewed on its web site. Acoolme.com
expect that the User will undertake necessary activities and practices
and will use caution and common sense when using Acoolme.com for
You agree and acknowledge that unless explicitly requested, Acoolme.com may display your company name, logo and public description of your projects and profile as part of the Acoolme.com website(s) and / or other Acoolme.com marketing material.
3.9 Transfer between Sites
After the 20th September 2010, if you decide to swap your default currency, your agreement
with the Site will move to the regional operating entity corresponding to the currency
you select. For AUD, NZD, EUR, GBP and USD this agreement will be between yourself
and Acoolme International Pty Limited (ACN 134 845 748) from the date of change onwards. If you change your default
currency to HKD, SGD or PHP, this agreement will be between yourself and PTE Limited
(Singapore Company 201022717D) from the date of change onwards.
All fees are set forth in the summary of Acoolme.com's fees and
charges which can be found on the Site. All fees will be assessed in US
dollars. Your Account and all transactions are made and displayed in US
dollars unless otherwise specified.
Acoolme.com earns fees for creating, hosting, maintaining, and
providing the Site, and for all Services delivered by Acoolme.com
that are accessible through the Site and to cover expenses and fees
Acoolme.com incurs to banks, credit card companies, PayPal, and
payment processors. After deducting such amounts, Acoolme.com
transfers the remaining payment amount to the workers.
Acoolme.com charges fees in relation to the posting of a project;
selecting a worker; posting a featured project; hiding a project
from search engines; hiding bids from other Users; posting a full time
project; project commission fees; and other miscellaneous fees that are
described on the Site.
Users can choose various membership programs to subscribe to different levels of
participation on the Site which will incur additional fees.
5. AFFILIATE PROGRAM
The worker Affiliate Program ("Affiliate Program") is a program that
allows you to receive a payment from Acoolme ("Bonus") into your
Account for referring a new user ("Referred User") to Acoolme. To
participate in the Affiliate Program, you must comply with all of these
requirements, and have an Account that is in good standing.
5.2 Requirements for Referred Users
You may not refer yourself for the Affiliate Program or a user having
the same IP address as yourself. The Referred User must be an individual
(or business) with whom you have a pre-existing relationship. You may
not obtain names for referrals from group email addresses, third party
bulk mailing lists, customer lists, or other similar sources. You may
not send unsolicited e-mails ("Spam"). If you send Spam in order to
recruit Referred Users, Acoolme may immediately and permanently close
your Account, without paying out any accrued Bonus.
5.3 Bonus Amount
The amount of the Bonus is based on the Referred User's net project fees
("Project Fees"), defined as the total project fees less any
chargebacks, refunds, and reversals. The amount of the Bonus will be
determined by Acoolme and equal to 90% percentage of Project Fees for
referrals through affiliate links; or 20% through referrals via the
"Invite Friends" module.
5.4 Payout Period
You are eligible to receive Bonus payouts for the first 3 months of the Referred User's Account ownership.
To be eligible for a Bonus, the Referred User must: (1) sign up for an
Account through either the supplied affiliate links or invitations through
the "Invite Friends" module; (2) become a User; and (3) not already
have an Account at the time of the referral (or previously).
5.6 Discontinuance or modification of Program
Acoolme may discontinue or modify the Affiliate Program at any time
by providing you with seven days. notice. In the event that the
Affiliate Program is discontinued, you will receive the Bonus for all of
your Referred Users that have satisfied all of the requirements in this
section prior to the discontinuation date of the Affiliate Program.
Failure to comply with these terms may result in your Account and participation in the Affiliate Program being terminated.
6. MILESTONE PAYMENTS
6.1 Not an escrow service
Acoolme.com does not operate a milestone service. Acoolme.com does
have, however, a special, non-compulsory feature, which allows
controlled payments to be made with respect to a project to a
Acoolme. At your request, Acoolme.com will accept an advance
payment from an Employer for a project. We will hold such funds ("Milestone
Payments") until the Employer and the Worker agree that the funds
should be released to the Worker or until the Employer and the
Worker have concluded the process of the Dispute Resolution Services
(as defined below) Once an Employer instructs Acoolme.com to pay a
Worker that performed a service for him/her, the Employer acknowledges
that the Worker has completed the service fully and satisfactory.
Acoolme.com will then disburse the Milestone Payment to the
Worker. If an Employer does not approve of the Worker's work
product, the Parties agree to be bound by the terms of the Dispute
Resolution Services set out below.
6.2 Inactive Users
In the event that the Employer has not provided any instruction to
Acoolme.com with respect to a Milestone Payment within 1 year after
the day that the Milestone Payment was made, and has not logged in
during that time period, such Milestone Payment will be refunded to the
User account of the person who initially paid it.
7.1 Opening Account
To become a User and access the Site and Services you must register for
an "Account.. You agree to provide true, accurate and complete
information as prompted by the registration form and all forms you
access on the Site, and to update this information to maintain its
truthfulness, accuracy and completeness.
You agree that you will not receive interest or other earnings on the
funds that Acoolme.com handles as your contractor. Acoolme.com may
receive interest on those funds. Acoolme.com will not be liable for
any lost interest on such funds.
All amounts are stated in and all payments will be made in US funds.
Acoolme.com reserves the right to suspend a withdrawal if the source
of the funds is suspected to be fraudulent. Any funds received from an
account having made a fraudulent deposit (e.g. stolen credit card) will
be reversed immediately. If in a fraudulent payment situation a
withdrawal has already been processed, you will be expected to return
the funds to your Acoolme.com account or face account termination and
any other remedies available to Acoolme.com to recover the funds.
Any User that Acoolme.com removes from the service due to violation
of the User Agreement will receive no credit or payment and will become
liable for certain fees described in this User Agreement.
Acoolme.com requires you to make all payments to Acoolme.com and
to make payments to and accept payments from other Users in the purchase
and sale of Services for Acoolme.com projects directly through the
mechanisms available on the Site. You understand and agree that
Acoolme.com will not hold funds (including Milestone Payments)
delivered to Acoolme.com from Users for the purchase and sale of
Services in a separate account, but may commingle and deposit such funds
with other funds to be paid to other Users and with funds of
Acoolme.com in any account, at any institution, or in any other
manner Acoolme.com may decide in its sole discretion from time to
time. In addition, you understand that such commingled funds could be
used to pay other Users and by Acoolme.com for general corporate
purposes or otherwise, provided that Acoolme.com will remain
contractually obligated to make payment to you, as a Worker or
Employer, for any purchases and sales of Services provided by you through
Acoolme.com. To the extent Acoolme.com is obligated to make
payment to you, you will be an unsecured creditor of Acoolme.com.
You acknowledge that: (1) Acoolme.com is not a bank or other licensed
financial institution and does not provide banking services; (2) the
amounts shown as on deposit, including Milestone Payments, in a User
Account are not segregated into a separate account but represent
unsecured obligations of Acoolme.com to the User with respect to the
purchase and sale of Services through Acoolme.com; (3) Acoolme.com
is not acting as a trustee or fiduciary with respect to such funds or
payments, but is acting only as an agent and (4) amounts transferred
through or stored in the payment service are not insured or guaranteed
deposits. Your Account will not constitute a milestone. By initiating and
sending payments through Acoolme.com, you appoint Acoolme.com as
your agent to obtain the funds and hold and to transfer such funds to
the Worker or Employer for Services, subject to these terms and
7.4 Inactive Accounts
User Accounts that have been inactive for more than 365 days ("Inactive
Accounts") will incur a dormant account fee of US$10 per month until
either the Account is terminated or reactivated.
Acoolme.com reserves the right to cancel Inactive Accounts with a nil or negative balance.
You acknowledge and agree that any chargebacks (a chargeback occurs when
a employer rejects or reverses a charge on his or her credit card through
the credit card issuer) on funds paid to you by Employers through the Site
are your responsibility and you will not hold Acoolme.com liable for
such. You agree that Acoolme.com may reverse any such payments that
are subject to chargeback via our Payment Processors. To cover the cost
of processing chargebacks, Acoolme.com assesses a US$20.00 fee to
Users for credit and debit card payment chargebacks.
7.6 Insufficient funds in Accounts
If there are not sufficient funds in your User Account to meet
outstanding fees and charges, Acoolme.com reserves the right to
collect any amounts owing to Acoolme.com by any other legal means.
You are responsible for paying any taxes, including any goods and
services or value added taxes, which may be applicable depending on the
jurisdiction of the services provided by Acoolme.com. These taxes
will be added to fees billed to you, if applicable.
8. AVOIDING COMMISSIONS
8.1 Prohibition on negotiation of fee outside of Site
You are strictly prohibited from attempting to negotiate the fee for a
project with another user directly (outside of Acoolme.com) after
that project has been created/opened and before that project has been
closed (i.e. during an ongoing project). This also applies to any
project that was closed without a Worker being chosen, and
then contacting them about the project anyway. Both parties are
responsible for notifying Acoolme.com if the payment amount increases
(above the bid amount) after the project is closed.
You are strictly prohibited from under-bidding on projects in an attempt
to renegotiate the actual price privately, avoiding fees. We aim to
provide a fair and open playing field at Acoolme.com, and such
activities interfere with providing such a marketplace. Acoolme.com
charges project commissions on all funds received by either direct
transfer or Milestone Payment through the site, regardless of the final
We believe our commissions are very fair and justified for the service
we provide, therefore we will absolutely not tolerate any fee avoidance
or underbidding on the Site.
Users agree not to post their e-mail address on the site, except in the
"e-mail" field of the signup form, or when asked by Acoolme.com at
any other time. There should be no need to give anyone your e-mail
address. It is automatically provided if you choose a Worker
(or you are the Worker chosen for) a project, and before that
time you can use the message board to communicate. This does not only
apply to e-mail addresses, but to all methods of communication,
including phone, ICQ, AIM, MSN Messenger, GTalk and Yahoo.
8.3 Providing contact information
You are prohibited from making direct contact with another User, unless
it's for a project you (a worker) have been picked for, or you
(an Employer) have picked a worker for. This includes
giving out your e-mail address, ICQ number, phone number, or any other
method of contact outside of this site. Acoolme.com provides you with
message boards, which should be sufficient for pre-project planning.
The only exception to this is on "Fulltime" projects. If a project has
the "Fulltime" graphic on it, that means the Employer has paid a
flat fee in advance, and you ARE allowed to provide contact information
in the message board.
8.4 Registration and Communications
Before you become an advertiser or an internet influencer, you must open an account with us and
complete the registration process. Each registration is for a single user only. We do not permit
you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you.
When you register with us, you consent to receiving information about our other projects or services that
may be of interest to you, to receiving promotional communications from us regarding our services, and to
receiving other communications from us regarding your account. Such information will be sent by email or
by another form of electronic communication, and may also be communicated by conventional mail. You may
opt out of receiving information about our other projects or services at any time by clicking on the "unsubscribe"
link in such messages, where applicable, or by contacting our customer service department. You may not opt out
of receiving communications from us where such communications are personal to you or your account, or which are
reasonably required for us to provide you with the services you have expressly asked us to provide.
9. USER CONTENT
The User is solely responsible for content or any other information the User provides to Acoolme.com. User understands and agrees to the following:
- Acoolme.com is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. Acoolme.com has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for Acoolme.com, harm its business operation or reputation, or cause Acoolme.com to lose the services of its suppliers.
- Any and all content submitted to the Site is subject to the approval of the Site administrators. The Site reserves the right to reject, approve, or modify User-submitted content upon the discretion of the Site administrators. Evaluation of User-submitted content is based on certain quality guidelines.
These guidelines, that encompass all objectively quantifiable and aesthetic aspects of User-submitted content,
are set solely by the Site and applied exclusively within the Site.
User represents and warrants that User's content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libellous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
No copyrighted material can be posted on the Site. This includes scripts which are sold by the author. Only posting sections, or excerpts of these scripts, as examples, will be permitted. A "section" or "excerpt" being no more than 10% of the script's contents. This is meant to protect the author's intellectual property rights
9.2 Grant of License
Subject to clause 9.3 below, by submitting User content to Acoolme.com (including, but not limited to creating your Account; posting a resume, posting a profile, posting a portfolio, posting a project; sending messages through or to Acoolme.com). You hereby grant to Acoolme.com a worldwide, exclusive, sublicensable, perpetual, irrevocable, royalty-free license to use,
copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of Acoolme.com (such as a portfolio of sample works hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.
9.3 Feedback, Reputation and Reviews
By using the Site, you acknowledge that you transfer copyright of your the feedback, reputation and reviews you leave (whether a "Employer" or "Worker"), consisting of comments and a multidimensional rating (e.g. Quality, Communication, etc) together with a composite rating by Acoolme.com ("Feedback"). You acknowledge that this feedback belongs solely to us, notwithstanding that we permit you to use it on our Site while you remain a member. You may not use it or deal with it in any way inconsistent with Acoolme.com's policies as posted on the Site from time to time, without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the worker feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic to Worker.
Acoolme.com's feedback ratings belong to us and may not be used for any purpose other than facilitating the exchange of services between Users of the Site. You may not use your Worker feedback (including, but not limited to, marketing or exporting your composite rating or feedback comments) in any real or virtual venue other than a website operated by Acoolme.com or its related companies without our written permission.
10. USER RESTRICTIONS
Users are prohibited from advertising a website on the Site. Any URL
posted in a bid, project description, or the message board, must relate
to a project on Acoolme.com. An example of a permissible URL would be
a User's portfolio or resume page.
Workers can only place bids that equal the total amount of
money they are requesting for the project. You cannot post an hourly bid
or any other abnormal type of bid. This also applies to Employers.
Employers cannot create projects that directly or indirectly
require Workers to place hourly or other abnormal bids. The
only exception, for both Employers and Workers, is when
the project is fulltime.
The Employer agrees that:
- The Employer is strictly forbidden from redistributing any of the content
of the Site, including but not necessary limited to private messages,
documents, support tickets.
- The Employer will not use the Employer's Account to post false or misleading project descriptions.
- The Employer will not post project descriptions that, in the judgment and
discretion of Acoolme.com, are inappropriate to Acoolme.com's
audience, viewers, or visitors in the judgment and discretion of
- The Employer agrees to pay featured project fee if project posted should have been posted as featured.
- The Employer agrees to pay fulltime project fee if project posted should have been posted as fulltime.
- The Employer will not falsify the Employer's own or any other identity.
- The Employer will comply with all of Acoolme.com's policies as posted on the Site from time to time.
The Workers agrees that:
- The Worker will not redistribute any of the content of the Site,
including but not necessary limited to private messages, documents,
- The Worker will not falsify worker's own or any other identity.
- The Worker will comply with all Acoolme.com policies as posted on the Site from time to time.
10.5 Prohibited use of Site content
The content and information on the Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, feedback, reputation, reviews, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. All Users agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you agree not to:
- use this Site or its contents for any commercial purpose;
- access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Site for any purpose without our express written permission;
- "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorisation; or
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Site or the services.
10.6 General restrictions
Users agree that:
- Users will not use any automated collection mechanism or any manual
process to monitor or copy the web pages comprising the Site or the
content contained therein without the prior written permission of
- Users will not distribute unsolicited commercial messages ("spam") through the User's Account.
- Users will not contact employers or workers through the Site or
through information gained from our Site with the intent of subverting
them from using our Services.
- Users will not engage in personal attacks, negative or other unfair
criticism or other forms of discourteous and unprofessional online
conduct or practices.
- Users will not create multiple user Accounts.
10.7 Consequences of termination
In the event of termination, Users found in violation of the User
Agreement will not receive any credit or payment from Acoolme.com.
Without limiting Acoolme.com's other remedies, to the extent you are
in violation of this User Agreement, you must pay Acoolme.com for all
fees owed to us and reimburse us for all losses and costs (including
any and all Acoolme.com employee time) and reasonable expenses
(including legal fees) related to investigating such breach and
collecting such fees.
You and Acoolme.com agree that the damages that Acoolme.com will
sustain as a result of actions that breach the User Agreement will be
substantial, potentially including (without limitation) fines and other
related expenses from its payment processors and workers, but
may be extremely difficult and impracticable to ascertain. If you engage
in such activities, then Acoolme.com may fine you up to US$3,000.00
for each such violation and/or Acoolme.com may take legal action
against you to recover losses that are in excess of the amount charged.
You acknowledge and agree that a fine up to US$3,000.00 is presently a
reasonable pre-estimate or minimum estimate of Acoolme.com's damages,
considering all currently existing circumstances, including (without
limitation) the relationship of the sum to the range of harm to
Acoolme.com that reasonably could be anticipated and the anticipation
that proof of actual damages may be impractical or extremely difficult.
You agree that Acoolme.com is entitled to deduct such charges
directly from any existing balance in the offending Account, or any
other Acoolme.com Account owned by you.
Users that are terminated by Acoolme.com on any basis other than
violation of this User Agreement will be entitled to receive any
payment due from Acoolme.com.
In the event of termination, you will have no claim whatsoever against
Acoolme.com in respect of any such suspension or termination of your
11. DISPUTE RESOLUTION SERVICES
11.1 Dispute Resolution Services
Acoolme.com offers the Dispute Resolution Services to registered users who have elected to use the Milestone Payment feature. You agree and acknowledge that: (i) Acoolme.com is not providing legal services; (ii) Acoolme.com will not advise you regarding any legal matters; and (iii) if you desire to have legal counsel, you will seek an independent legal counsel from those licensed to practice law in your jurisdiction. You will not rely on Acoolme.com for any such counsel.
In the event of a dispute between an Employer and a Worker regarding a return or release of Milestone Payments, either Employer or Worker may elect to use the Dispute Resolution Services offered by Acoolme.com. The Employer and Worker will then be notified that the matter will be addressed through the Dispute Resolution Services.
You agree to indemnify and hold Acoolme.com and any of our affiliates harmless against any damages or liability you may suffer as a result of using the Milestone Payments and/or Dispute Resolution Services.
11.2 Acoolme.com is Not a Party to Disputes
Any disputes regarding arrangements between Workers and Employers remain solely between Employers and Workers. We are not involved in any transactions between you and any other users of Acoolme.com.
You acknowledge and agree that Acoolme.com will not be a party to any such dispute.
If you have a dispute with any other users of the Site, you hereby release Acoolme.com from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute.
11.3 The Dispute Team
Both parties of the Dispute case can elect to have their dispute arbitrated by the Dispute Team. The role of the Dispute Team extends to making all actions necessary to resolve the case in an impartial and evidential manner. You acknowledge that the verdict of the Dispute Team is final, binding, and irreversible.
All claims and actions (including, but not limited to, actions made by mistake) of the parties on the Dispute System are final, binding, and irreversible. You agree that the Dispute Team and Acoolme.com is hereby released from the actual and consequential damages brought about by these claims.
11.4 Dispute Resolution Services Code of Conduct
The Acoolme Code of Conduct applies to all the services offered by Acoolme.com, including, but not limited to, the Dispute Resolution Services. It is agreed by You that You will make every endeavor at fair play and post reasonable and fair demands/offers on your dispute.
A user caught breaching the Code of Conduct during the Dispute Resolution Service process would automatically lose the dispute in favor of the other party involved, regardless of the origin of the dispute. The user who breached the Code of Conduct would also incur proper disciplinary action. (For more information, read the Acoolme User Code of Conduct.)
11.5. Dispute Resolution Process
STAGE 1 - Identifying the issue
The complainant should select the project and the Milestone payment or payments to be disputed. A user could contest all the Milestones related to a single project in one dispute.
After which, a description of the issue and an explanation of why the dispute is being opened should be given. From this stage until Stage 3, users are encouraged to attach any files that could support their claims.
Finally, the complainant is requested to enter the amount he or she is prepared to pay for the project (if an Employer) or wish to get paid for the project (if a Worker). The amount could be between 0 and the total amount of the Milestone Payment(s) in question.
STAGE 2 - Negotiations
At this stage, either party can negotiate for partial compensation, or (after a period of time) choose to have Acoolme.com's Dispute Team arbitrate the dispute. Both parties will have the opportunity to tell their side of the story and also negotiate terms to resolve the issue between themselves.
Only the party who originally filed for the dispute can cancel the dispute. If the issue cannot be resolved through negotiation, either party can choose to pay the Arbitration Fee to have the dispute arbitrated by the Dispute Team. The Arbitration Fee will be refunded if the dispute is either settled through mutual agreement or cancelled before reaching arbitration.
STAGE 3 - Final Offers and Evidence
After one of the involved parties has paid the Arbitration Fee, the other party has 4 days to also pay the fee. Either party still has the option in this period to negotiate with the other party.
If the responding party does not pay the arbitration fee within the 4 days, the result will be in favor of the party who escalated the dispute into arbitration first.
If a solution is found before the responding party pays the fee, the party who paid the Arbitration Fee will be refunded this fee.
Stage 3 is the last stage where both users can submit their final evidence to support their case. After Stage 3, the involved parties are no longer allowed to submit evidence. The dispute will be resolved based solely on the evidence provided through the Dispute System.
Once the dispute has proceeded to Stage 4, further evidence will no longer be accepted.
STAGE 4 - Arbitration
At Stage 4, the Dispute Team will review all evidence and other information provided to reach a decision (usually within 48 hours). Dispute verdicts are final, binding, and irreversible. The party who wins the dispute will be refunded their Arbitration Fee.
11.6 Evidential Requirements for Your Dispute
Should you elect to have the Dispute Team arbitrate your dispute, you agree to allow the Dispute Team to read all correspondence made on Acoolme.com and download or access, and test (if necessary), all uploaded files, programs, and websites related to the dispute for the sole purpose of having your dispute resolved.
You are highly encouraged to submit all the documents that would support your claims on your dispute.
- Submit e-mail correspondences as screenshots or as *.eml files. If submitting screenshots, ensure that the "To", "From", and the "Date" bar is visible. E-mail correspondences sent in *.txt or *.doc or any word processing software will not be honored.
- IM conversations should be submitted as screenshots of the conversation from the IM software. Correspondences sent in *.txt, *.doc, or any word processing software will not be honored.
- Provide the products, contracts, and other files relating to the project and the dispute.
Acoolme.com will retain the confidentiality of the project and the privacy of the involved users and will not release the collected information to any party unless required by a court of law.
12. REGISTRATION AND PROCESSING OF YOUR PERSONAL DATA
Your personal information will be processed by Acoolme.com in order
to fulfil the agreement with You, perform delivery of products etc.
Furthermore, we will process your personal information for marketing of
campaigns, offers, new products or services. Your personal information
may also be transferred between Acoolme.com and any associated entity
within the Acoolme.com organisation. At such transfer, personal data
may be transferred outside the EEC-area. By entering into this
agreement, You hereby approve such processing of your personal
information as set forth above, including processing of your personal
identification number, and hereby give such consent as required by the
Swedish Personal Data Protection Act (Sw. personuppgiftslagen 1998:204).
The consent hereby given can in whole or in part be recalled by giving
written notice to us. Should you choose to recall your consent, and such
recall should make our due performance of the agreement or other
obligations difficult, we reserve the right to immediately terminate the
agreement. Should you require further information regarding our
processing of your personal information, please contact us at the
address set forth below.
Acoolme.com discloses sensitive personal information only if required to comply with legal obligations or with your consent.
Acoolme.com and EUFreelance are trademarks of Acoolme Technology Pty Limited (ACN 142 189 759).
14.1 Copyright of Acoolme.com
The content and compilation of content included on the Site, such as
text, graphics, logos, icons, images, audio clips, digital downloads and
software, are the property of Acoolme.com and are protected by
American and international copyright laws.
14.2 Copyright infringement
It is our policy to respond to clear notices of alleged copyright
15. NO WARRANTY
Acoolme.com is not involved in the actual transaction between
Workers and Employers. Our Services, the Site and all content on it
are provided on an .as is. basis and without warranties of any kind
either express or implied. Without limiting the foregoing,
Acoolme.com does not represent or warrant that:
• the Site will be accurate, reliable, uninterrupted, secure or error-free;
• defects in the Site will be corrected;
• the Site or the server that makes it available are free of viruses or other harmful components.
To the extent permitted by law, we specifically disclaim any implied
warranties of title, merchantability, fitness for a particular purpose
and non-infringement. For example, consumers (as defined by consumer
protection laws) may be entitled to the benefit of certain warranties
under applicable trade practices or fair trading legislation in
America. If you are considered a consumer under an American consumer
protection law that applies to Acoolme.com, you will be entitled to
the benefit of certain warranties under that legislation. For more
information on consumer protection laws, please visit www.accc.gov.au or
the website of your state fair trading agency.
To the extent that Acoolme.com are able to limit the remedies
available under this User Agreement, Acoolme.com expressly limits its
liability for breach of a non-excludable condition or warranty implied
by virtue of any legislation to the following remedies (the choice of
which is to be at Acoolme.com's sole discretion)
(1) in the case of goods, any one or more of the following:
- • the replacement of the goods or the supply of equivalent goods;
- • the repair of the goods;
- • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- • the payment of the cost of having the goods repaired; and
- (2) in the case of services:
- • the supply of the services again; or
- • the payment of the cost of having the services supplied again.
• However, if you are considered a consumer under an American consumer
protection law that applies to Acoolme.com, and you use our Services
for personal, domestic or household use, the above clause may not apply
to you. For more information on consumer protection laws, please visit
www.accc.gov.au or the website of your state fair trading agency.
16. LIMITATION OF LIABILITY
16.1 Limitation of liability
In no event shall Acoolme.com, its affiliates or staff be liable,
whether in contract, warranty, tort (including negligence), or any other
form of liability, for:
• any indirect, special, incidental or consequential damages that may be incurred by you;
• any loss of income, business or profits (whether direct or indirect) that may be incurred by you; and
• any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Site.
• The limitations on Acoolme.com liability to you above shall apply
whether or not Acoolme.com, its affiliates or staff have been advised
of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this Agreement is
intended to limit or exclude any liability on the part of Acoolme.com
and its affiliates and related entities where and to the extent that
applicable law prohibits such exclusion or limitation including those
within the Trade Practices Act 1974 (Cth) and relevant state fair
16.2 Jurisdiction.s Limitations
As some jurisdictions do not allow some of the exclusions or limitations
as established above, some of these exclusions or limitations may not
apply to you. In that event the liability will be limited as far as
legally possible under the applicable legislation.
16.3 Bar to action
Acoolme.com may plead this User Agreement in bar to any claim,
action, proceeding or suit brought by you, against Acoolme.com for
any matter arising out of any transaction or otherwise in respect of
this User Agreement.
You agree to indemnify and hold us and (as applicable) our related
entities, affiliates, and our and their respective officers, directors,
agents, and employees, harmless from and against any and all claims,
demands, proceedings, losses and damages (actual, special and
consequential) of every kind and nature, known and unknown, including
reasonable legal fees, made by any third party due to or arising out of
your breach of this User Agreement or your violation of any law or the
rights of a third party.
Currency conversions will be completed at a rate displayed on the Site, which
is adjusted regularly based on market conditions. This exchange rate includes a
processing fee above the wholesale exchange rate at which we obtain foreign currency.
You are responsible for all risks associated with maintaining balances in foreign
currencies (including, the risk that the value of these balances will fluctuate as
exchange rates change, which could result in decreases in the value of the balances).
You agree not to attempt to use the Site to engage in speculative trading, which
could result in substantial losses. No advice is provided on the Site and nothing
on the Site should be relied upon as such. Use of this aspect of the Site is at
your own risk.
Please note that the most readily available information on currency exchange
rates is based on "interbank exchange rates". Interbank exchange rates are
established in the course of currency trading among a global network of over
1,000 banks, and are not available through consumer or retail channels. These
rates are not a suitable reference for currency changes made on the Site.
19. APPLICABLE LAW
Any dispute arising out of or in connection with this User Agreement
shall be governed by the laws of the State of Delaware,
USA. You and Acoolme.com irrevocably submit to the
non-exclusive jurisdiction of the courts of the State of Delaware,
20. Influencer "Cash-out" Fees(We also called this as "commission fee").
Influencers may "cash-out" marketplace balance by transferring your USD "credit balance" into
your PayPal account, through the "PAYMENT" link on your Account Summary page.
When you do so, we will charge you seven percent (7%) of the total that is cashed out, up to a maximum
of one dollar ($1.00) per cash-out.
In order to prevent and detect potentially fraudulent transactions, we have in place maximum cash-out limits.
The provisions of this User Agreement are severable, and if any
provision of this Agreement is held to be invalid or unenforceable, such
provision may be removed and the remaining provisions will be enforced.
This Agreement may be assigned by Acoolme.com to a third party
without your consent in the event of a sale or other transfer of some or
all of the assets of Acoolme.com. In the event of any sale or
transfer you will remain bound by the User Agreement. Headings are for
reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section. Our failure to act with
respect to an anticipated or actual breach by you or others does not
waive our right to act with respect to subsequent or similar breaches.
Nothing in this clause shall exclude or restrict your liability arising
out of fraud or fraudulent misrepresentation.
Please email email@example.com to report violations of terms and conditions.