This Terms and Conditions of Use (these “Conditions”) governs your use of www.hyaroo.com (the “Site”) for the services provided through it, either to hire workers as a client or apply for jobs as a worker (collectively, our “Services”). The Site is a marketplace where clients list jobs and workers with relevant skills apply to them and get paid in return. (Both workers and clients are referred to as “user” or “you” or “your” under these Conditions).
The Site and the Services that are provided through it are made available by XPONENT InfoSystem (PVT) LTD (hereinafter as “Hyaroo” or “we” or “our” or “us”). By accessing the Site, opening an account with us, listing jobs through it, applying to jobs through it, and using our Services in general, you confirm to Hyaroo that you have read and understood these Conditions and that you agree to be bound by all the terms and conditions contained in it. If you do not agree to these Conditions, you are not permitted to access the Site or use our Services.
The Site and our Services are made available to persons who are 18 years or above. If you are below 18 years of age (or the majority age in your location), you are not allowed to use the Site unless you have the support or supervision of at least a parent or legal guardian. If we find out that you are below 18 years of age (or the age of majority in your location), we will immediately terminate your account and your use of our Services. By using the Site, you warrant to us that you are not a minor and have the capacity to form a contract.
In order to use certain features of the Site, including to apply to jobs as a worker or list jobs as a client, you will be required to open a user account and submit personal information to us. For example, as a worker, you will be required to submit – along with your name and contact information – your skills, qualification, payment information, education, and other related information. By submitting the required information to us, you warrant that the information is correct, accurate, and up-to-date and that you will maintain the accuracy of this information.
To be eligible for our Services, you must be able 18 years of age or above (or the age of majority in your location) and must meet the required information asked by Hyaroo from you from time-to-time, including but not limited to, having the required skills, education, qualification, and the likes that may be asked by Hyaroo. Our Services are made available for business purposes only and not for personal, consumer, or household uses.
You may use our Services for free; however, to use added or premium features, you must subscribe to either a pro plan or premium plan, which costs $69/month and $99/month, respectively. The service fees will serve as payment to us for making use of the Site to list jobs and contact our vetted workers. Check out our Pricing section to learn more about the plans and their respective features.
There will also be other Services that are not related to freelance marketplace that will be provided by Hyaroo. The prices of each of these Services will be provided to you when you visit the pages attributed to each of these Services. By using these Services, you agree to the additional rules that may be provided to you going forward.
Our policy about refunds depends on each of our Services. While the refund policy on our marketplace may offer 100% money-back guarantee, other Services may have different policies. Each Service’s page will have a specific refund policy that governs it. Please, ensure you read the refund policy attributed to a Service before using such a Service.
Aside from the content posted by users, all the other content and information on the Site (the “Hyaroo Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and licensed to Hyaroo and are subject to copyright and other intellectual property rights under Bangladesh, the United States, and other locations. The Hyaroo Content include, but are not limited to, the source codes, databases, functionality, web designs, software, audios, videos, texts, images, and graphics on the Site.
All the Site designs, logos, graphics, page headers, footer, button icons, scripts, and service names are registered trademarks, common law trademarks or trade dress of Hyaroo in Bangladesh, the United States, and other countries. Hyaroo’s trademarks and trade dress may not be used, including as part of trademarks and as part of domain names, in connection with any product or service in any manner that is likely to confuse, and may not be copied, imitated, or used (in whole or part) without written approval from us.
The Hyaroo Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, advertised, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our written approval.
Provided that you are eligible to use the Site, Hyaroo grants you a limited license to access and use the Site, the Hyaroo Content, and download or print a copy of any portion of the Hyaroo Content to which you have access to solely for your personal, non-commercial use. Hyaroo reserves all rights not expressly granted to you regarding the Site and the Hyaroo Content and Marks.
Upon your compliance with these Conditions and other agreements established by us, Hyaroo grants you a limited license to use the Site and the parts you have access to for the purpose Hyaroo makes it available. The license is limited. We reserve the right to withdraw our license at any time without being liable to you or any third party.
By posting content on the Site, including feedback, job listings, texts, reviews, ideas, suggestions, comments, videos, graphics, images, and related content (collectively, your “User Content”), you understand that your User Content will be treated as non-proprietary and non-confidential.
You are responsible for your User Content, and you retain the intellectual property rights therein. By posting User Content on the Site, you hereby grant Hyaroo a royalty-free, transferable, sub-licensable, non-exclusive, irrevocable, worldwide license to edit, use, distribute, publicly perform or display, reproduce, or make derivative works from the User Content and your likeness, voice, and name that may be contained on such User Content, in any media, form, or technology, whether known now or later developed, for use on the Site and our Services and other media channels. You also grant to other users the right to use your User Content for their personal, non-commercial use in accordance with these Conditions.
By posting User Content on the Site, you warrant to us that:
You also agree to indemnify and hold Hyaroo and anyone or company affiliated to us (the “Indemnified Party”) harmless from and against all claims, demands, damages, losses, liabilities, expenses (including reasonable attorney’s fees) that may be made by any third party as a result of your User Content posted on the Site.
By using the Site, you represent and warrant to Hyaroo that:
If we believe, in our discretion, that you have violated any of these representations and warranties above, we reserve the right to terminate, limit, or suspend your user account and participation on the Site.
We respect the privacy of our users and third parties; therefore, we require that anyone posting User Content to the Site should do the same too. Hyaroo responds to copyright infringement claims and in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that any content on the Site violates your copyright or other intellectual property rights, please, make your claim by sending us a message to our email address firstname.lastname@example.org to make your claims. Along with your message to our email, you are required to provide the following information:
In our discretion, we reserve the right to reject, accept, remove, or screen reviews that are posted by users – although Hyaroo is not obligated to screen or delete reviews if they are considered to be unpleasant or inaccurate. However, users posting reviews to the Site must ensure their reviews meet the following conditions:
The reviews on the Site are not endorsed by Hyaroo and do not represent our opinion or views. By posting reviews, you hereby approve to Hyaroo a non-exclusive, perpetual, worldwide, fully-paid, royalty-free, assignable, and sub-licensable license to reproduce, translate, modify, transmit through any means, perform, display, or distribute content that relates to your reviews.
Your use of the Site and our Services must not conflict with the purposes for which Hyaroo makes it available. Prohibited Activities include but are not limited to:
On certain occasions, the Site and the Hyaroo Content may contain errors, typos, inaccuracies, or omissions that may relate to availability, descriptions, and other forms of information. Hyaroo reserves the right to correct errors, typos, inaccuracies, or omissions, including updating them at any time without notice to you or liability.
Hyaroo reserves the right but is not obligated to:
These Conditions shall remain in force and effect while you use the Site and our Services. You may, at any time, terminate your participation as a user on the Site – provided that you do not have any obligation to meet.
Without limiting other provisions of these Conditions, Hyaroo reserves the right, in our discretion, and without notice or liability, to deny you access to the Site and your use of our Services (with or without reason), including for your breach of these Conditions, applicable laws, or any of your representations and warranties agreed to above. We reserve the right to terminate your user account, delete your User Content, with or without warning to you.
If your user account is terminated from our Services, you shall not create another account, including under your name or fake or borrowed name.
Hyaroo does not have control over the nature of the content on the Site. By running the Site, Hyaroo does not warrant or imply that we endorse any information, User Content, and other content available or linked to the Site.
To the extent permitted by law, your use of the site and our services will be at your risk. Hyaroo provides the site on “as is” or “as available” basis and hereby disclaim all representations and warranties, whether expressed or implied, in relation to the site and our services and your use thereof, including but not limited to warranties of merchantability, fitness for a specific purpose, and non-infringement. Hyaroo does not warrant to you that:
Under no circumstances shall hyaroo be liable to you or third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including without limitation, damages of lost profit, revenue, data, or other damages arising from your use of the site or our services, even if hyaroo may have been advised of the possibility of such damages.
Notwithstanding anything to the above limitation, hyaroo’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to (I) $2,500 or (ii) any retained fees charged by hyaroo for our services in the past six (6) months.
Certain state/country laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
You now agree to indemnify, defend, and hold harmless, Hyaroo, our subsidiaries, affiliates, employees, partners, agents, and respective officers from and against any loss, damage, claims, liability, demand, and expenses (including reasonable attorney’s fees) that may be made by a third party as a result of your (i) use of the Site and our Services; (ii) breach of these Conditions and other agreements established by us; (iii) violation of applicable law; (iv) breach of your warranties and representations; (v) contracts entered into with other users through the Site; (vi) negligence, frauds, and other willful misconduct by you on the Site; and (vii) breach of a third party’s privacy or infringement of copyright or other intellectual property rights.
You hereby acknowledge that Hyaroo is not a party to any contract entered by you with another user through the Site; therefore, you release Hyaroo and our respective officers, agents, subsidiaries, employees, affiliates, partners, and directors from claims, demands, damages, liabilities, and expenses of any kind arising out of any dispute between you and another user on the Site.
If you are a user residing in the state of california, united states, you waive california civil code section 1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor.”
If there is any dispute between users regarding a contract, we will try to resolve it by acting as the arbitrator. If, however, any of the users is not satisfied with the judgment passed, such user may pursue any remedy available to them at law, including filing a claim in any law court.
For any dispute between Hyaroo and a user, such dispute shall be governed and settled in accordance with Bangladesh laws, without regard to conflict of law and its provision. You hereby agree to the jurisdiction of the courts in Bangladesh.
We reserve the right without liability to modify these Conditions and other agreements at any time. Any and all changes to these Conditions will be posted on the Site and revisions will be posted by date. You agree to be bound by any changes to these Conditions when you use our Services after any such modification becomes effective. Hyaroo may also, in our discretion, choose to notify you of such modification via your email address. You are required to constantly review these Conditions and keep your email address up-to-date to ensure you are informed of updates. Likewise, we reserve the right to modify, discontinue, or update our Services, including our service fees and a feature on the Site.
By your continued use of the Site and our Services after any modification, discontinuance, or update, you confirm to us that you consent to be bound by such modification, discontinuance, or update.
Your use of the Site and our Services includes the ability to enter into agreements and make transactions electronically. You hereby acknowledge that your electronic postings and uploads constitute your intent to be bound by these Conditions and other agreements between you and users and us. This intent applies to all records relating to the transactions you enter into in relation to our Services, including policies, cancelations, and contracts. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Hyaroo does not warrant that the Site is appropriate for use in all locations. The information that is provided on the Site is not meant to be distributed or to be used by any person in any location where its use would be conflicting with the law that will subject Hyaroo to any registration obligation within such location. Hence, when you access this Site from other locations that are different from where we are targeted, you do so at your own risk and are responsible for agreeing with your local law (if it applies).
These Conditions (along with other agreements established by Hyaroo) represents the entire agreement and understanding between you and Hyaroo regarding the subject matter hereof, and it supersedes any and all agreements and understandings (whether oral or written) that may have existed in whatever form.
You, as a user, may not assign or transfer your rights and obligations, including transferring your user account to another user or third party under these Conditions without getting written permission from Hyaroo.
We, on the other hand, may transfer or assign our obligations at any time, including assigning specific tasks to third party service providers or contractors to perform on our behalf.
If any portion, paragraph, or provision out of these Conditions is found to be void, invalid, or unenforceable by a court having competent jurisdiction, such a portion, paragraph, or provision shall be severed from these Conditions while the remaining valid or enforceable portions, paragraphs, or provisions shall remain in full force and effect as though the severed portion, paragraph, and provision had not existed.
No party under these Conditions will be held liable for damages or claims resulting from the party’s delay or failure to perform its obligations, which may be as a result of circumstances beyond the party’s reasonable control, including circumstances such as bank failures, severe weather conditions, internet breakdowns, total power breakdowns, riots, pandemic eruptions, virus outbreaks, and other acts of God.
If we fail to exercise or enforce any of our rights as described under these Conditions at any point in time, that does not serve as a waiver of our right to enforce or exercise such rights at a later time or for subsequent breaches.
You hereby waive any and all defenses you may have based on the electronic form of these Conditions and the lack of signing by the parties hereto to execute it.
There is no joint venture, partnership, employment, or agency relationship created between you and Hyaroo as a result of these Conditions or use of the Site or our Services. Upon Hyaroo’s request, you will furnish its documentation, substantiation, or releases necessary to verify your compliance with these Conditions.
If you have any questions, complaints, opinions, suggestions, ideas, queries, and claims regarding these Conditions, the Site, and our Services, please reach out to Hyaroo through the contact information below: