GENERAL TERMS AND CONDITIONS
We thank you for using our services (hereinafter referred to as „Services“).
Services are provided by Gigley Inc. (2711 Centerville Road, Suite 400, Wilmington, Delaware 19808) United States of America (“Company”).
By using our Services you accept our General terms and conditions. Please read them carefully. Unless you accept our General terms and conditions, you may not access or use this site and its Services.
Please note GIGLEY offers a variety of services and additional terms and conditions may be applied from time to time, including territory and age conditions. Such additional terms and conditions shall form an integral part of these General Terms and Conditions.
INTRODUCTORY PROVISIONS, DEFINITIONS
These general terms and conditions (“General Terms and Conditions”) specify GIGLEY’S operating procedure for provision of Services, consisting of providing a virtual platform and application for seeking and offering performance of work, services and other tasks for a fee.
“Account” means electronical registration of the User to the Site.
“Agreement” or “Contract” means all the contractual documents governing the rights and obligations of the Parties within the framework of the Services that GIGLEY provides to the Client.
“GIGLEY” means the brand of the company providing Services and the application for providing the Services. However, the User enters into a contract with the Company, their intellectual property consultants, their staff and administrative personnel intervening on behalf and for the account of GIGLEY.
“Client” means the physical or legal person to whom GIGLEY renders the Services defined in General Terms and Conditions, on the demand side (i.e. seeking Operators to perform work). “Client” and “Operator” may be jointly referred to as “Users”.
“Content” means any tasks, jobs, offers, profiles, descriptions, fees and any and all data published by the Client.
“Operator” means the physical or legal person to whom GIGLEY renders the Services defined in General Terms and Conditions, on the supply side (i.e. offering to perform work). “Client” and “Operator” may be jointly referred to as “Users”.
“Parties” means GIGLEY and Users.
“Services” means all the services provided by GIGLEY.
“Site” means web site www.gigley.hr, www.gigley.com etc., as well as application(s) for smartphone, tablets and other electronical equipment compatible with GIGLEY.
“User” means jointly Client and Operator.
The table of contents and headings and sub-headings are for convenience only and shall not affect the construction of General Terms and Conditions.
Unless the context otherwise requires, words denoting the singular shall include the plural and vice
versa and references to any gender shall include all other genders. References to any person (which
for the purposes of General Terms and Conditions shall include bodies corporate, unincorporated associations, partnerships, governments, governmental agencies and departments, statutory bodies or other entities, in each case whether or not having a separate legal personality) shall include the person’s successors and assigns in accordance with General Terms and Conditions.
References to any document or agreement (including General Terms and Conditions) include a reference to that document or agreement as varied, amended, supplemented, substituted, novated or assigned from time to time.
References in General Terms and Conditions to any statute, statutory provision (whether issued jointly with any other person or under any other name) or other legislation include a reference to that statute, statutory provision, directive or legislation as amended, extended, consolidated or replaced from time to time (whether before or after the date of General Terms and Conditions) and include any order, regulation, instrument or other subordinate legislation made under the relevant statute, statutory provision, directive or legislation.
References to any U.S.A. legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, organization, body, official or any legal concept, state of affairs or thing shall, in respect of any jurisdiction other than U.S.A., be deemed to include that which most nearly approximates in that jurisdiction to the U.S.A. legal term.
References to “HRK” or “kunas” are to the lawful currency in the Republic of Croatia.
References to “USD” or “dollars” are to the lawful currency in the U.S.A.
References to “EUR” or “euro” are to the lawful currency in the European Monetary Union.
The words “other”, “include” and “including” do not connote limitation in any way.
Any reference to “writing” or “written” includes e-mail, faxes and any legible reproduction of words delivered in permanent and tangible form.
Subject to your compliance with General Terms and Conditions, GIGLEY grants Users a limited, non-exclusive, revocable, non-transferrable license to access the Site and use the Services.
GIGLEY shall provide the Services by maintaining a 24-hour accessible Site, under the General Terms and Conditions. GIGLEY reserves the right to verify Users’ identity, as set forth in the section 3. hereof, prior and at any time during their use of Services. GIGLEY shall be responsible solely and exclusively for providing access to the Site and supervision of payment.
GIGLEY shall provide payment to the Operator within 72 hours from Operator’s request to withdraw the funds.
Users agree and confirm that GIGLEY shall keep the funds until payment to the Operator.
In order to use the Services, the User must register for and maintain an Account.
By registering for an Account, or by clicking to accept the General Terms and Conditions on the Site, the User (you) is deemed to have executed an Agreement with GIGLEY, effective on the date you register your Account or click to accept General Terms and Conditions, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). If you access this Site on behalf of a legal entity, you confirm that you represent and warrant that you have the authority to bind that entity to General Terms and Conditions.
Registering an Account shall represent an express confirmation that you may and will electronically receive and access all records and notices for the Services provided to you, as well as your acknowledgment that some notices may sent to you as informational text (SMS) messages, emails and other types of communication. By registering an Account, you confirm you have all the technical prerequisites for using the Service, such as a Personal Computer (PC) and/or a smartphone, tablet or other technical device compatible to GIGLEY technical requirements, Internet access, valid e-mail address, software that reads and displays the files in the format used by the Service, valid credit card and banking account, any other items, equipment or software that may be required to use the Site from time to time.
GIGLEY may, at its sole discretion, from time to time, verify the data you have provided. Should any data prove to be untrue, incomplete or otherwise not adequate as judged by GIGLEY, you might be suspended or banned from using the Services. GIGLEY may ban you from using its Site at any time, at its sole discretion.
Furthermore, by registering an Account, Users agree to abide by these General Terms and Conditions and comply with the terms of the Agreement. You also confirm and acknowledge that GIGLEY does not offer employment or any other type of employment relation, for indefinite nor definite time; that GIGLEY does not act on behalf of employers nor their agent nor representative; that GIGLEY does not act on behalf of persons seeking employment nor their agent nor representative and that no actions of GIGLEY may be interpreted as intermediation in or for employment. GIGLEY is not and shall not be responsible for the requirement to issue formal invoices, or for calculating, reporting, settling or supervision of your due taxes, contributions, public levies or fees of any kind due to the nature of Services. Such taxes, contributions, public levies or fees of any kind, their calculation, reporting, payment and other related actions are and shall be exclusively your responsibility. You are also solely responsible for determining whether any Value Added Tax or any other tax or fee is to be calculated and paid. By accepting these General Terms and Conditions you confirm and warrant that you shall not seek any kind of damage compensation for any fine(s), interests, payments and other fees you might be required to pay under local laws and regulations.
By registering an Account, you agree to use the Service and for opening, publishing or otherwise making available only true and complete Content. GIGLEY may, at its sole discretion, from time to time, verify the Content you have provided. Should any Content prove to be untrue, incomplete or otherwise not adequate as judged by GIGLEY, you might be suspended or banned from using the Services.
By accepting these General Terms and Conditions, the Client confirms and agrees to accept an offer from the Operator in due time, i.e. in time reasonably required to perform the agreed task. In case of dispute, interpretation of “reasonably required time” shall be given by GIGLEY and Users agree to be bound by GIGLEY’s decision.
Should the Client accept the offer in time insufficient to perform the task, Users agree to jointly appoint a new time-frame for task performance.
Users agree and accept that GIGLEY is and shall not be responsible for the performance, quality or timely performance of work provided by the Operator. In case of dispute regarding the quality of service performed by the Operator, Users agree to be bound by GIGLEY’S decision.
By accepting these General Terms and Conditions, Users agree to be rated and to the feedback system as provided on the Site.
By registering an Account, you agree and confirm to settle all your obligations in due time, including prompt payment for the Services.
You acknowledge that, should you fail to comply with these obligations, you might be suspended or banned from using the Services.
Clients shall settle their obligations in reasonable time after they are called for the payment by the Site. Client confirms and agrees that, should (s)he fail to settle their obligation, no transaction shall occur and it shall be deemed that the Client has not chosen any offer from any of the Operators at this moment. Offer shall be deemed accepted only and solely when the Client pays the offered amount.
In case the Operator fails to perform the task and the Client has already paid, the funds shall be kept at GIGLEY’s account and the Client may use them in future transaction(s).
Operator shall receive the fee after successfully performing the task. Any fee shall be without GIGLEY’s fee, which shall be automatically deducted by GIGLEY prior to payment to the Operator. By accepting these General Terms and Obligations, the Operator agrees that GIGLEY automatically calculates and deducts its fee/commission, and that the Operator receives only the amount marked as “net amount”, “your fee”, “your earnings” or alike or similar term clearly and unambiguously stating that the amount received is without GIGLEY’s commission.
Furthermore users agree that payment will be done in USD within the 72h period since user request. Payment will be issued based on a currency exchange that was active on a day user paid for the gig and not based on a currency exchange in time of user requesting a payment.
DISCLAIMER, LIABILITY AND WARRANTIES
GIGLEY provides the Services using a commercially reasonable level of skill and care, however, without making any specific promises about the Services. GIGLEY makes no commitment nor takes any responsibility for the content within the Services, the specific functions of the Services or their reliability, availability or ability to meet your needs. By accepting General Terms and Conditions, you accept that Services are provided on an “as is” and “as available” basis. GIGLEY expressly excludes all warranties and shall not be responsible for lost profits, revenues or data, financial losses or indirect, special, consequential, exemplary or punitive damages. To the extent permitted by law, the total liability of GIGLEY for any claims under these terms, including for any implied warranties, is limited to the amount that you paid us to use the Services (or, if we choose, to supplying you with the services again) and in all cases, GIGLEY shall not be liable for any loss or damage that is not reasonably foreseeable.
No right, power or remedy provided by law or under General Terms and Conditions shall be waived, impaired or precluded by:
- any delay or omission to exercise it;
- any single or partial exercise of it on an earlier occasion; or
- any delay, omission to exercise or single or partial exercise of any other such right, power or remedy.
Any waiver of any right, power or remedy under General Terms and Conditions must be in writing and may be given subject to any conditions thought fit by the grantor. Unless otherwise expressly stated, any waiver shall be effective only in the instance and only for the purpose for which it is given.
By using our Services you accept any and all variations and amendments to General Terms and Conditions. GIGLEY may, in its sole discretion, amend General Terms and Conditions and the other terms of service at any time by posting a revised version on the Site and will provide a notice thereof. Any revisions to the General Terms and Conditions will take effect on the noted effective date or when posted if there is no noted effective date.
Governing law, language and jurisdiction
General Terms and Conditions shall be governed by and construed in accordance with U.S.A. law.
All notices or formal communications under or in connection with General Terms and Conditions shall be in the English language and any amendments to this Agreement shall be in writing.
In the event of any dispute, question, difference, controversy or claim arising out of or relating to the fulfilment, breach, termination or invalidity of General Terms and Conditions, the Parties shall use their best efforts to informally settle such dispute, question, difference, controversy or claim amongst themselves and shall consult and negotiate with each other, in good faith and understanding of their mutual interests, to reach a just and equitable solution satisfactory to all Parties.
Any dispute, controversy or claim arising out of or relating to the fulfilment, breach, termination or invalidity of General Terms and Conditions that cannot be settled within thirty (30) days after receipt by one or more Party(ies) of the other Party’s(ies’) request to do so, shall be finally settled by arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce. The number of arbitrators shall be 3, of which one shall be appointed by GIGLEY, one shall be appointed by the User and the third of which shall be appointed by the first two appointed arbitrators and such appointee shall be the chairman of the tribunal. Arbitration proceedings shall be held in Vienna and the language of the arbitration shall be English. The Parties agree that the decision of the arbitration shall be final and binding and shall be enforceable by any court of competent jurisdiction, and the Parties hereby irrevocably waive any objection to or claims of immunity in respect of such enforcement.
The rights, powers and remedies provided in General Terms and Conditions or expressly referred to in it are independent and cumulative and do not exclude any rights, powers or remedies (express or implied) which are available as a matter of law custom or otherwise.
Nothing in General Terms and Conditions shall be read or construed as excluding any liability or remedy in respect of fraud.
Any communication to be given in connection with the matters contemplated by General Terms and Conditions shall except where expressly provided otherwise be in writing and shall either be delivered by email or by hand or sent by registered post or facsimile transmission. Delivery by courier shall be regarded as delivery by hand.
Unless expressly stated otherwise herein, nothing in General Terms and Conditions is intended to confer on any person any right to enforce any term of this Agreement which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.