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Terms & Conditions


 Terms of Service


These Terms of Service constitute a legally binding agreement between the you and Askkio Ltd. (“Askkio”) governing your use of the Askkio platform, Askkio’s website www. askkio.com (the “Site”), mobile application (the “App”), and related services, information and communications, collectively referred to as the “Askkio Platform”.
The use of all personal data you submit to the Askkio Platform or which we collect about you is governed by our Privacy Policy. Our Privacy Policy may be found at www.askkio.com/privacy-policy You acknowledge by using the Askkio Platform you have reviewed the Privacy Policy.
Your consent at registration and continued use of the Askkio Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service and the Privacy Policy, as well as any future amendments and additions to the Terms of Service and/or Privacy Policy as we publish from time to time. If any future changes to the Terms of Service and/or Privacy Policy are unacceptable to you or cause you to no longer be in compliance with the Terms of Service and/or Privacy Policy, you must deactivate your account, and immediately stop using the Askkio Platform.
The Privacy Policy is incorporated by reference to these Terms of Service and together form and are hereinafter referred to as the “Agreement”.

CONTRACTUAL RELATIONSHIP
YOU ACKNOWLEDGE THAT USING THE ASKKIO PLATFORM AND SERVICES DOES NOT ESTABLISH ASKKIO LTD. AS A CONTRACTOR, BUSINESS PROFESSIONAL, TRANSPORTATION, LOGISTICS, SHOP, OR DELIVERY SERVICE PROVIDER.  YOU MAY REQUEST, AND IF APPLICABLE, OBTAIN THESE SERVICES FROM THIRD-PARTY PROVIDERS WITHOUT THE USE OF THE ASKKIO PLATFORM IN THE GENERAL MARKETPLACE. ASKKIO LTD. DOES NOT PERFORM AND ONLY CONNECTS USERS FOR THE SERVICES REQUESTED, FURTHERMORE ONLY REGISTERED USERS ARE ELIGIBLE TO USE THE ASKKIO PLATFORM, NOT THE GENERAL PUBLIC.
IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT YOU MAY NOT USE OR ACCESS THE ASKKIO PLATFORM.
BY USING THE ASKKIO PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITIATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING, THE DISPUTE RESOLUTION PROVISIONS) AND YOU ACCEPT ALL OF ITS TERMS.

USE OF SERVICES
Askkio Ltd. offers Users a personalized digital marketplace to connect, find, review, request, provide and receive multiple services from third party providers that seeks to meet users needs and interests.

The Askkio Platform is a marketplace which enables connections between Askers and Providers. “Askers” are individuals and/or businesses seeking to obtain “Services” from  “Providers” and “Providers” are individuals and/or businesses seeking to perform “Services” for “Askers”. Askers and Providers are hereinafter collectively referred to as “Users”. If you agree on the terms of a Service with another User, you and such other User form a Service Agreement directly between the two of you.
YOU ACKNOWLEDGE THAT PROVIDERS ARE NOT IN ANY WAY ACTIVE AGENTS, IMPLIED AGENTS, OR EMPLOYEES OF ASKKIO LTD. YOU ACKNOWLEDGE THAT ANY SAFETY-RELATED EFFORT, VETTING, FEATURE, PROCESS, POLICY, VISIBILITY OR OTHER MEASURES UNDERTAKEN BY ASKKIO IN THE INTEREST OF PUBLIC SAFETY (WHETHER REQUIRED BY APPLICABLE REGULATIONS OR NOT) DOES NOT CHANGE THE STATUS OF THE PROVIDER TO AN EMPLOYEE OR AGENT OF ASKKIO LTD.
Askkio’s Privacy Policy regarding collection and use of personal information pertaining to Terms of Service can be found in detail at www.askkio.com/privacy-policy

USER REPRESENTATIONS AND WARRANTIES
You must sign up for and maintain an active personal user services account (an "Account") in order to enjoy use of the Askkio Platform. To open an Account, you must be at least 18 years old and able to lawfully enter into a contract.  If you have previously been prohibited from using or accessing the Askkio Platform, you are unable to recreate or maintain another Account and if you believe this to be in error, you must contact support@Askkio.com for review. You must provide Askkio with specific personal information in order to register for an account, including your name, address, mobile phone number, age, and at least one legitimate, accepted payment.
You agree to keep your account information current, accurate, and complete, including a valid phone number, address, and payment method. Any inability to access or use the Askkio Platform may be caused by your failure to comply with these requirements (including policies and supplemental terms), including, without limitation, your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file. You undertake to keep your account's login and password secure and private at all times. You are accountable for all activity that takes place under your Account. You are only entitled to have one Account, unless Askkio Ltd. expressly permits another in writing.
Persons under the age of 18 are not permitted to use the Askkio Platform. The use of your Account by third parties is prohibited, and you must be present when anybody under the age of 18 requests or receives transportation, delivery, or other on-demand services from a Provider. Your Account may not be assigned or otherwise transferred to another person or organization. When accessing or using the Askkio Platform, you agree to abide by all applicable laws, and you may only do so for legitimate purposes (e.g., no request for the purpose or intent of transport of unlawful or hazardous materials).
Users may be subject to a review process before they can register for and during their use of the Askkio Platform, which may include but is not limited to: identity verification, right to work checks, licensing, insurance, and background checks, using third party services as appropriate (“Background Checks”). Although Askkio may perform Background Checks, Askkio cannot confirm that each User is who they claim to be, and Askkio 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. Askkio will not be liable for any false or misleading statements made by Users of the Askkio Platform.
NEITHER ASKKIO, 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”) ARE RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE ASKKIO PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE ASKKIO 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 ASKKIO PLATFORM.
All Users represent and warrant that:

  • You are at least 18 years of age or older 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 have read, understand, and agree to be bound by these Terms of Service and the Privacy Policy;
  • 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 Service or any interaction by or with any User and/or Askkio in connection with the Askkio Platform without the prior written consent of Askkio and/or the relevant User, as applicable.  In some instances, and imbedded in the platform the User may be able to upload photos of material related to the service as a visual aid (inappropriate and offensive photos are prohibited);
  • 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 Provider or Asker as the case may be, and only utilize the in-app third party payment service provider specified or approved by Askkio to make or receive payment for Services provided through the Askkio 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;
  • You will not use the Askkio Platform for the purchase or delivery of an illegal substance or service.  Controlled substances will be subject to proof of identity on delivery.
  • 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.
  • You will not harass, aggravate, or cause property damage to another User or any other party through your access to or use of the Askkio Platform. You understand and accept that neither Askkio Ltd. nor the Provider is responsible for the safety of any child restraints or car seats that may be present in the Provider’s vehicle if you choose a trip option with a car seat. You understand and recognize that it is your responsibility to make sure the child is securely buckled into the car seat and that the installation of the seat is done appropriately.


Providers additionally represent and warrant that:
  • When using the Askkio Platform, you are operating as a sole proprietor/individual entrepreneur, 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 Asker through the Askkio Platform, and maintain an independent clientele;
  • You have the unrestricted right to work in The Bahamas;
  • If the Service being performed requires you to have a business license or value added tax registration, you have the required and maintained business license and VAT Registration Certificate, in good standing;
  • You are responsible for identifying and obtaining any required licenses, permits, or registrations required by applicable laws and government regulations before offering and providing Services;
  • 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 Askkio Platform, including by responding to invitations promptly; performing the Service(s) as agreed upon with Asker; and providing timely, high-quality services to Users;
  • 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.

You agree that Askkio provides no warranty and has no liability regarding User action on the Askkio Platform or the performance of Services.
You acknowledge and agree that Askkio does not supervise, scope, direct, control or monitor a Providers Service and the Services that are performed.
You agree to hold harmless and indemnify Askkio from claims due to your use or inability to use the Askkio Platform or information submitted from your account on the Askkio Platform.

AGREEMENT BETWEEN ASKERS AND PROVIDERS
You acknowledge and agree that a legally binding contract with another User (the “Contract”) is formed when you and that User agree on the terms of a Service. The terms of the Contract include the terms set forth herein, the engagement terms proposed and accepted on the Askkio Platform, and any other contractual terms accepted by both the Provider and their Asker to the extent such terms do not conflict with the terms in this Agreement and do not expand Askkio’s obligations or restrict Askkio’s rights under this Agreement. Askkio is not a party to any Contract and the formation of a Contract will not, under any circumstances, create an employment or other service relationship between Askkio and the Provider, nor will it create an employment relationship between the Asker and the Provider. Users do not have the authority to enter into written or oral – whether implied or express – contracts on behalf of Askkio. Askkio’s role, beyond enabling connections between Askers and Providers via the Askkio Platform, is to act as a limited payment collection agent for the Provider to facilitate payment for Services on behalf of the Provider through the Askkio Platform. In acting as the limited payment collection agent for Services on the Askkio Platform, Askkio disclaims any other agency or authority to act on behalf of the Provider and assumes no liability or responsibility for any acts or omissions of the Provider, either within or outside the Askkio Platform.
Connections between Users are made possible via the Askkio Platform in order to complete Services. Askkio has no control over the performance or communications of Users, nor does it have any responsibility for the accuracy, timeliness, legality, completeness, or any other aspect of a Service, Providers, or Askers. It also has no control over the moral character, competence, qualifications, or any other aspect of any User's actions or inactions, or over any ratings or reviews that Users may post about one another. Regarding the suitability, dependability, timeliness, or accuracy of the services requested or services rendered by, as well as the communications of or between, Users identified through the Askkio Platform, Askkio makes no warranties or representations, whether in public or private, via on- or off-line interactions, or in any other way whatsoever.
If agreed and approved in writing with Asker prior to commencement of the Service, the Provider is not required to personally complete the Service.  Providers may use aid from assistants, helpers, subcontractors, or other staff.  In this case assistants, business representatives, must have registered on the Askkio Platform for safety reasons. Failure by a Provider to adhere to this clause shall constitute a breach of this Agreement and may result in action not limited to expulsion from the Askkio Platform.
The Provider accepts full and sole liability for the actions and inactions of such assistants, helper, subcontractors, or other staff. The Provider is also entirely responsible for the lawful payment of all compensation, benefits, and costs of such assistants, helper, subcontractors, or other staff, if any, as well as for all necessary and applicable taxes with respect to such assistants. Askers are in charge of ensuring that any assistants are registered Providers on the Askkio Platform by confirming with Provider before or at the time of service.
Askers using the Askkio Platform choose whether or not they will be there when a Service is completed at their exclusive discretion. Askers acknowledge that if a third party schedules the service on their behalf or attends the service in their place, they are designating that person as their agent (the "Asker's Agent"), and the Provider may receive direction from the Asker's Agent as though it were coming directly from the Asker. If you are an Asker's Agent and use the Askkio Platform on behalf of an Asker, you guarantee that you have the legal capacity to serve as their agent and obligate them as the principal to all terms of the Agreement.  Any relevant waiver of the Asker's scope, direction, or instruction of the Provider’s work or performance of the service in the Asker's place may be approved by the Asker's Agent. Asker acknowledges that any direction or waiver is valid against both Asker and Asker's Agent, and Asker agrees to be held accountable/responsible as though the direction or waiver had been issued by Asker directly. The actions and inactions of the Asker's agents are entirely the Asker's responsibility.

BILLING and PAYMENT
In accordance with the Agreement made between an Asker and a Provider for a Service (“Service Contract”), the Asker is required to pay their Providers in full for all Services via the Askkio Platform at the rates agreed upon in the Service Contract. During the engagement, performance, and completion of a Service, each User undertakes to abide by the terms of the Service Contract.
Users of the Askkio Platform enter into direct contracts with other Users to complete Services. No agreements for services requested and rendered will include Askkio as a party. Payment for all Services provided through the Askkio Platform is the Asker's responsibility. Payment will be made by utilizing the third-party payment service provider specified or approved by the Askkio (the “PSP”). Askkio is not required to pay a Provider anything in the event that the Asker refuses to pay for the Services. Askers using the Askkio Platform will need to submit on Askkio platform, the specifics of their payment method. Even if the Service is partially completed or marked as "ongoing," Providers are accountable for appropriately completing steps on the Askkio platform to conclude billing Askers within 24 hours of the Service being completed. The invoice(s) for each Service, including, the pricing terms of the service provided and agreed upon by the parties, any out-of-pocket costs agreed upon by the parties and submitted by the Provider in writing in connection with the Service, and the service fee Askkio charges the Asker for access to and information about Providers, is the responsibility of the Asker.  Additionally, Asker may voluntarily add a tip or gratuity, as appropriate, to the invoice(s), and all such tips or gratuities to be paid directly to the Provider.  Askers may also be charged credit card processing fees equal to 3% of the total expense amount. Providers are in charge of (i) paying registration costs, if applicable, and (ii) returning any payments that were made in error.
Asker automatically permits the PSP to handle the Invoice when Asker receives notification that a Service has been completed via the Askkio Platform or via email (s). If you, an Asker book a Service but cancel it before the specified time for performance, the Provider may charge the Asker a cancellation fee as damages at the Provider’s hourly rate or a percentage of the service rate.  Askkio reserves the right (but not the obligation) to withhold any service payment, out-of-pocket costs, and/or tip or gratuity (if applicable), as well as to refund or provide credits, or to arrange for the Payment Service Provider to do so, upon request from the Asker or Provider, or upon notice of any potential fraud, unauthorized charges, or other misuse of the Askkio Platform.  Users of the Askkio Platform may be responsible for any taxes or other fees that must be collected and/or paid on the service and/or fees given under the Agreement, including VAT, if applicable.
Askkio Ltd. will, as required by jurisdictional regulations, gather or submit information regarding taxes or revenues paid via the Askkio Platform. You consent to Askkio issuing receipts or other forms of similar paperwork associated with any/all services provided through the platform to aid proper tax reporting.

DIGITAL PLATFORM and MARKETPLACE SERVICES
Applications, which can be used on mobile devices and/or the web, are part of Askkio Ltd.’s personalized, versatile digital marketplace platform. The Askkio Platform, among other things, enables you to find and obtain: (i) services provided by the platform that facilitate your requests to independent third-party providers, such as drivers, handymen, professional business services, courier, and consumables/dry goods delivery, for the acquisition of services or goods, such as transportation, logistics, and/or delivery services from those Third Party Service Providers; and (ii) related personalized content, such as features, recommendations, and advertisements for professional services. The custom content, supporting services, and access to Askkio’s platform mentioned in this Section are generally referred to as "the Services."
Askkio Ltd. grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to: (i) access and use the App on your personal device only in connection with your use of the Askkio Services; and (ii) access and use any content, information, and related materials that may be made available through the Askkio Services, in each case solely for your own personal, noncommercial use. Askkio and Askkio's licensors reserve any rights that are not expressly granted herein.
Askkio operates as an online marketplace that connects Askers with service providers who wish to perform a variety of Services. Askkio does not perform Services and does not employ people to perform Services. Providers 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 Askers through the Askkio Platform. Askkio does not control or direct the Providers’ performance of their services or set their work locations or work hours. Providers provide services under their own name or business name, and not under Askkio’s name. Providers provide their own tools, supplies and transport to perform their Services; Askkio does not provide the tools or supplies. Providers are free to maintain a clientele without any restrictions from Askkio and are free to offer and provide their services elsewhere, including through competing platforms. Askkio does not set Providers’ hours or terms of work. Providers are free to accept or reject Askers and contracts. Providers are not penalized for rejecting Askers or contracts, though if Providers accept an Asker or contract through the Askkio Platform, they are expected to fulfill their contractual obligations. Providers set their own rates for services performed in the Askkio general marketplace, without deduction by Askkio, with the exception of standardized or regulated rates. 
The Askkio Platform is not an employment agency service or business and Askkio is not an employer of any User. Providers acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Services and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.

AUTHORIZATIONS
Except as expressly permitted by Askkio, you may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) modify, prepare derivative works based upon, reproduce, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services; (iii) decompile, reverse engineer, or disassemble the Askkio Services; (iv) or any portion of the Askkio Services.

APP STORES
You understand and agree that the third-party from whom you purchased the license for the Application, such as the Apple iPhone or Android app stores ("App Store"), may have some control over whether or not the Applications are available. You understand and accept that Askkio is in charge of providing the Askkio Services as outlined in this Agreement and that this Agreement is between you and Askkio and not with the App Store. You are a third-party beneficiary of this Agreement if you downloaded the Application through the App Store, though. Following your acceptance of this Agreement, the App Store will be granted the power to enforce it against you as a third-party beneficiary and will be regarded to have done so.

COMMON/PUBLIC ACCESS AREAS
The Askkio Platform may have user profiles, email accounts, blogs, message boards, reviews, ratings, services postings, chat rooms, discussion forums, communities, and/or other message or communication facilities ("Public Areas") that let Users interact with one another. You may only submit and receive messages and resources that are pertinent and appropriate to the relevant forum using such community areas. You shouldn't divulge your private contact information to other Users in order to preserve the security and integrity of the Askkio Platform.
The following activities are prohibited on the Askkio Platform:
(i)     publishing, posting, uploading, sharing, or otherwise disseminating any vulgar, defamatory, infringing, obscene, or otherwise unlawful language, material, or information; abusing, harassing, stalking, threatening, intimidating, misrepresenting, misleading, or otherwise violating the rights (including, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Askkio personnel. 
(ii)    To impersonate another person or a User, or to let any other person or organization to use your user profile to post or read comments (save as may be permitted as a Asker’s Agent under this Agreement). 
(iii)   To conduct or forward surveys, contests, pyramid schemes, or chain letters. 
(iv)   To post or complete a Service requiring a User to
a.   buy or get gift cards or money orders, or do any other commercial activity through the Askkio Platform that is unrelated to the services.    
b.   make high-value purchases (over $1500) without first obtaining Askkio's approval if required;     
c.   enter multiple countries while carrying out a service;     
d.   offer unlicensed ridesharing or other peer-to-peer transportation services;     
e.   post testimonials or ratings on any third-party website in violation of that third-party website's terms of service;    
f.    take part in any other illegal, harmful, or otherwise objectionable activity.

‘Spamming’ or repeatedly posting the same service is prohibited.  Additionally, downloading any files that you or another User know—or reasonably should know—cannot be disseminated legally through the Askkio Platform so can you impede another User from utilizing or enjoying the public areas.
Without Askkio's prior written authorization, you may not
(i)       imply or claim that any statements you make (on or off the Askkio Platform) are supported by Askkio;
(ii)      Use a robot, spider, manual process, meta tag, "hidden text," agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, publish, redistribute, transmit, sell, license, download, manage, or index the Platform or the electronic addresses or personal data of others in any way;
(iii)     Intend to encapsulate Platform or any part of it, frame it or use framing techniques or interfere or hack the platform, servers or any other connected networks, remove any copyrights, trademarks, or other proprietary marks or rights owned by Askkio Ltd. and Affiliates, upload offensive or harmful content to the Askkio Platform, including but not limited to content that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind.
Collection or use of username, email addresses or other personal information of Users by electronic or other means is prohibited and violates the use of the Askkio platform and this agreement.

 

DISCLAIMERS AND WARRANTIES

(a) Use Of The Askkio Platform Is Entirely At Your Own Risk

THE TECHNOLOGY OF THE ASKKIO PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. ASKKIO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE ASKKIO PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE ASKKIO PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ASKKIO PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
Askkio does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the Askkio Platform or any hyperlinked website or featured in any banner or other advertising, and Askkio will not be a party to or in any way be responsible for monitoring any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Askkio and Affiliates do not warrant that access to the Askkio Platform will be uninterrupted or that the Askkio Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Askkio Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Service, information or materials provided through or in connection with the use of the Askkio Platform. Askkio and Affiliates are not responsible for the conduct, whether online or offline, of any User. Askkio and Affiliates do not warrant that the Askkio Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Askkio and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.
Notwithstanding any feature an Asker may use to expedite Askkio selection, each Asker is responsible for determining the Service and selecting their Provider and Askkio does not warrant any goods or services purchased by an Asker and does not recommend any particular Provider. Askkio does not provide any warranties or guarantees regarding any Provider’s ability, professional accreditation, registration or license.

(b) No Liability

You acknowledge and agree that Askkio is only willing to provide the Askkio Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Askkio and Affiliates liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Askkio Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Askkio and Affiliates, and any destruction of your User Generated Content.
UNDER NO CIRCUMSTANCES WILL ASKKIO AND AFFILIATES BE LIABLE FOR, AND YOU HEREBY RELEASE ASKKIO AND AFFILIATES FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY ASKKIO, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE ASKKIO PLATFORM OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
ASKKIO AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS ASKKIO PLATFORM. ASKKIO AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE ASKKIO PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ASKKIO AND AFFILIATES ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO ASKKIO (IF YOU ARE AN ASKER) OR TOTAL SERVICE PAYMENTS PAID TO YOU BY CLIENASKERS (IF YOU ARE A PROVIDER), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

 

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold harmless Askkio 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 Askkio Platform; (ii) your participation in Services, or your ability or inability to perform or obtain the performance of Services 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 this Agreement; (vi) any content submitted by you or using your account to the Askkio 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 Asker, the acts or omissions of any Asker’s Agents. Askkio 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 Askkio.

ARBITRATION POLICY
To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the Askkio Platform, your relationship with Askkio, Services, or this Agreement (including previous versions), (“Dispute”), you and Askkio agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any out of court settlement or arbitration. By accepting the terms of the Agreement, you acknowledge that any dispute you may have with Askkio Ltd. must be settled individually in accordance with the governing laws of The Commonwealth of the Bahamas.

CONSENT TO ELECTRONIC SIGNATURES

By using the Askkio Platform, you agree to transact electronically through the Askkio Platform. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if 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.

GENERAL
You may not assign the terms of this Agreement without Askkio’s prior written approval. Askkio may assign this Agreement without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Askkio’s equity, business or assets; or (iii) a successor by merger. Any purported assignment by you in violation of this Section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Askkio, any Third-Party Provider, or any Out-of-App Experience Provider as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Askkio’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Askkio in writing.
 

Acknowledgement and Consent

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY AND AGREE THAT MY USE OF THE ASKKIO PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
 

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