PLEASE READ THIS USER AGREEMENT AND ALL OTHER AGREEMENTS AND POLICIES REFERENCED HEREIN COLLECTIVELY DEFINED BELOW AS THE "TERMS OF SERVICE" CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
1. CHUMBOK ACCOUNTS
You must agree to before using the Site or Site Services and the different types of accounts that can be created on the Site, as detailed below.
1.1 REGISTRATION AND ACCEPTANCE
By registering for an account to use the Site or Site Services (an “Account”), by using the Site or Site Services after the Effective Date if you had an Account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service.
If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company. Your privacy is important to Chumbok and, which is part of the Terms of Service.
1.2 ACCOUNT ELIGIBILITY
Chumbok offers the Site and Site Services for your business purposes only and not for personal, household, or consumer use. To register for an Account or use the Site and Site Services, you must, and hereby represent that you: (a) are a Bangladeshi Citizen by born; (b) will use the Site and Site Services for business purposes only; (c) will comply with any NID, PASSPORT, or any other requirements with respect to your business, or the business for which you are acting, and the provision of Freelancer Services; and (d) are an individual who is 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) in each case who can form legally binding contracts.
1.3 ACCOUNT PROFILE
You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading.
1.4 ACCOUNT TYPES
You can have two types of accounts: (1) Agent Account , (2) Team Leader Account.
In order to sign in as a Team Leader you must have at least 10 active members in your team who will be willing to work under your supervision. While working as an agent you can choose which team you want to work for.
1.4.1 AGENT PROFILE AND TEAM LEADER PROFILE
AGENT : You can register for an Account or add an Account type to use the Site and Site Services as an AGENT.
TEAM LEADER : You will be eligible for being a team leader when you have at least 10 active members in your team. You will be responsible for their work.
You acknowledge and agree that as a Team Leader you are solely responsible, and assume all liability, for: (a) the classification of your Team Members as employees or independent contractors; and (b) paying your Team Members in accordance with applicable law for work performed.
1.5 ACCOUNT PERMISSIONS
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit.
1.6 IDENTITY AND LOCATION VERIFICATION
When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on Chumbok.
1.7 USERNAMES AND PASSWORDS
Each person who uses the Site must register for their own Account. When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password. You agree not to share your username or password with any person, and, if you are a legal entity who is not a natural person, to only share your username and password with a person who is authorized to use your Account.
2. RELATIONSHIP WITH CHUMBOK
You also acknowledge, agree, and understand that agents are also responsible for determining, and have the sole right to determine, which Projects to accept; the time, place, manner, and means of providing any Services; the type of services they provide; and the price they charge for their services or how that pricing is determined or set. You further acknowledge, agree, and understand that: (i) you are not an full-time employee of Chumbok, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) Chumbok will not have any liability or obligations, including under or related to Service Contracts and/or Freelancer Services for any acts or omissions by you or other Users;
iii) Freelancer will be paid at such times and amounts as agreed with a Client in a given Service Contract; (iv) Chumbok does not provide the premises at which Freelancers will perform the work;
2.1 Use of Social Media Accounts
You may or may not need to use social media accounts or profiles in order to work with chumbok. If you use any social media account, you have to use your real accounts or profiles and you need to strictly maintain respective social media’s terms and conditions. You should not (i) Use any fake social media profile or profiles or accounts (ii) Spread any hate or negativity or rumours. As we have limited resources, we may not be able to identify fake profiles. If you use any fake profile or spread negativity or do any illegal activity or get banned, then you will be responsible for your action and chumbok will not take any responsibility. In that case your chumbok account might be also banned permanently. If you truly love a brand, and want to write any feedback or appreciation or review for that brand then you can apply for that brand, we have all the authority to accept or reject your application. We may use your social media data which you will submit to chumbok for future research.
3. CONTRACTUAL RELATIONSHIP BETWEEN CLIENT AND FREELANCER
If a Brand and Chumbok decide to enter into a Service Contract, the Service Contract is a contractual relationship directly between the Brand and Chumbok. Brand and Chumbok have complete discretion both with regard to whether to enter into a Service Contract with each other and with regard to the terms of any Service Contract. You acknowledge, agree, and understand that you will keep this information secured and will not share with anyone.
Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between Brands and an agent.
Chumbok is responsible for and has complete discretion with regard to selection of any agents for any Project. Chumbok is solely responsible for and assumes all liability for determining whether agents should be engaged as independent contractors.
4. LIMITATION OF LIABILITY
Chumbok is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:
your use of or your inability to use our Site or Site Services;
delays or disruptions in our Site or Site Services;
viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;
glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services;
damage to your hardware device from the use of the Site or Site Services;
You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of Agent’s Account status to all. You therefore agree as follows: IF CHUMBOK DECIDES TO TEMPORARILY OR PERMANENTLY CLOSE YOUR ACCOUNT, CHUMBOK HAS THE RIGHT WHERE ALLOWED BY LAW BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH YOU TO INFORM THEM OF YOUR CLOSED ACCOUNT STATUS, (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT CLOSURE. YOU AGREE THAT CHUMBOK WILL HAVE NO LIABILITY ARISING FROM OR RELATING TO ANY NOTICE THAT IT MAY PROVIDE TO ANY USER REGARDING CLOSED ACCOUNT STATUS OR THE REASON(S) FOR THE CLOSURE.