Terms and Conditions of Service
By signing up, accessing or using Workly system, the Customer confirms the intent to be bound by this Agreement. This agreement is applicable for Trial and Paid Subscription Customers and hereby signifies that customers have read, understood and have duly authorized to enter into the Agreement on behalf of customer.
Workly has a right to add unilateral modifications to the terms and notifications of the changes will be described in the following way. In case of introducing any new features to the System regarding resources or new tools, they will be a subject to the Agreement. This created Agreement will be applied to all users, visitors and other people who get the access to the Service, whether on behalf of a company or their own individual as “Users”.
PLEASE, FAMILIARIZE YOURSELF WITH THIS AGREEMENT TO UNDERSTAND THAT YOU HAVE TAKEN INTO ACCOUNT EACH SECTION OF THIS PROVISION. IT INCLUDES SEPARATE PART OF OBLIGATORY INDIVIDUAL ARBITRATION AND SET OF CLASS ACTIONS, WHICH ARE NECESSARY AS THE USE OF DISPUTE RESOLUTION INSTEAD OF CLASS ACTIONS OR JURY TRIAL.
1. Use of Our Service
This contractual agreement is concluded between you and Workly. It is obligatory to read and agree with these terms before starting to use the Service. If you do not agree to these terms, please do not use the Service. Service can be used by you only if you can conclude a binding contract with Workly, and only in accordance with this Agreement and all applicable local, state, national and international laws, rules and regulations.
It is strictly prohibited to use or access to the Service by anyone under 13 as it is considered as violation of this Agreement. However, it is permitted to use and access by anyone under 18 only with express written allowance from the individual who is legal guardian, and, in case of necessity, you represent and ensure that you have taken such allowance. The Service is not created for use by or together with anyone who is under the age of 18, and you are responsible for the usage of the Service in connection with any minors. The Service cannot be accessible by any Users who are no longer exist in the system
b. Workly Service
Subject to compliance with the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable, freely revocable license for using the Service alone as allowed by the features of the Service, which may change by User. All rights are reserved by us for not expressly granted herein the Service and the Workly Content (as defined below). This license and your access to the Service can be terminated at any time with reason or without it.
c. Workly Accounts
Given Workly access to the services and functionality can be created and supported in our sole discretion. We may create different accounts for various types of Subscribers. If Workly account is created on behalf of your organization, entity or company, then a) “you” are considered as both you and entity; b) you are issued with Authentication Credential in conformity with the Agreement; Joining to Workly account as third party company or organization, you allow us to get access and use your data from the service which is permitted by the service above and save log-in credentials for the service.
You agree not to get involved in any of subsequent prohibited actions: (i) copying, sharing, or disclosing any part of information about the Service for any medium, including without limitation by any automatic or no-automatic “scraping”; (ii) utilizing any automatic system taking into account “ robots”, “spiders”, “offline readers”, etc., getting access to the Service in a way of sending more request messages to Workly server than a human can practically do at the same time by utilizing on-line web browser (excluding Workly permission for public search engines to use spiders to get access to publicly available materials from workly.io with the sole aim of generating publicly available searchable indices of the materials , but not with purpose for caches or archives of these materials); iii)hosting, uploading and posting, or transmitting spam messages, chain letters, SMSs or other undesirable messages or email; (iv) trying to engage with, jeopardize the system integrity or security or decrypt any transmission to or from the servers running the Service; (v) acting in a way of imposing at sole judgement an unreasonable or excessively huge load on our infrastructure; (vi) uploading void information, worms, viruses, or any unreasonable software programs and destroying code through the Service; (vii) gathering or getting any personal information, including accounts to whom they belong from the Service; (viii) utilizing the Service for any commercial deals; (ix) acting as another person or otherwise distorting your connection with a person and organization, being engaged in fraudulence, hiding or trying to hide your identification; (x) disturb smooth operation of the Service; (xi) attempting to access any Service content via any type of technologies or means except for those which have been authorized or granted by the Service; (xii) overriding the measures we may suspend from usage and access of the Service, taking into account unlimited features that prevent or confine copying and usage of any content or force limitations on Service usage or the content there in; (xiii) insult in verbal, physical way or other insult (including threat of insult and retaliation) of User or any Workly customer, worker, or official members; (xiv) copying, doing duplicate, stealing, reproducing, selling out or otherwise taking advantage of any part of the Service, by utilizing the Service, or getting access to the Service without express written allowance by Workly; or (xv)adapting, making minor changes, hacker attacks to the Service, or presenting another website as Workly , or any other Workly service.
WHEN UTILIZING THE SERVICE, YOU REPRESENT AND GUARANTEE OF TAKING FULL RESPONSIBILITY UNDER PENALTY OF PERJURY THAT (I) YOU DO NOT HAVE ANY CONNECTION AND WORK WITH A COMPETITOR OF THE COMPANY; AND (II) THAT YOU YOUL WILL NOT DISCLOSE ANY INFORMATION TAKEN FROM YOUR SERVICE ACCESS AND SITE USAGE FOR ANY COMPETITORS PURPOSES.
We may, without preliminary warning, modify the Service; stop offering the Service or peculiarities of the Service, to you or to Users generally; or impose limitations for the Service. Your access to the Service can be terminated or restricted on permanent or temporary basis without notification and liability for any reason, including if in our sole consideration you break any provision of this Agreement, or for any or no reason. Until getting termination for any reason or no reason, you continue to be tied by this Agreement.
You take full responsibility for your cooperation with other Workly Users. We have the right, but no obligation to participate in disputes between you and other Users. We have no obligation for your cooperation with other Users, or for any User’s action or inaction.
2. User Content
You consent not to post the Content that i) may cause emotional and physical stress, death, disabling injuries ii) cause damage or loss of an asset or person iii) creating irrelevant content that may expose children requiring to identify personal details iv) may contribute to crime or tort cases v) may arouse offense, invasion of intellectual property, defamatory information humiliating and threatening people publically and privately vi) may include any illegal information which is protected by security law or contains secret trade data vii) cannot be available to the public under any kind of law and contractual agreements; viii) include any information that supposed to be incorrect; ix) offend employers, employees, companies or another policy.
You consent that any Content that is posted by you will not offend the rights of third parties and Intellectual Property Rights or any Privacy rights of Workly system.
Workly has the right, but is not obliged, to remove and delete any User Content that is in sole discretion of Workly, seems to be offensive, unlawful, objectionable, insulting or faulty.
In this Agreement “Intellectual Property Rights” means that all trademarks, copyright, patent rights, goodwill, trade secret, secret processes, any property rights that correspond to the laws or any other jurisdiction that may exist right now or that come into existence and thereby all registration processes, renewals and extensions are under the specific state, territory, country laws.
In accordance with your User Content, you confirm, represent and agree to follow listed rules below.
- The name of each person in the User Content which has been contemplated by Service Agreement will be released from the liability which is concerned any relation of using it
- There are rights in User Content how to use trademarks, logos or service, service marks and trade names that intended by the Service and Agreement.
- You are solely liable for taking into account all the consents obliged by law to publish User Content related with third parties.
- The User Content and use of Workly which is contemplated by the Agreement and the Service will not break law and the rights of third party users except for any kind of Privacy and Intellectual Property Rights.
- In case you do not observe the rules under the Agreement not paying fees, guild fees, royalty payable, residuals or payments, Workly may exercise the rights of User Content which is primarily connected with bargaining agreement.
- In best interest of our Users, all the User Content and information that you share with us is reliable and accurate.
Workly do not take the responsibility for third parties’ User Content or any other User in sending, posting and sharing information publicly through our Service. You should be responsible for the User Content and the consequences of sharing data will be solely under your control. You should understand that you are only liable for all the actions that are taken from the side of User Content. You understand that you can be exposed to the consequences of all unsuitable, inaccurate, offensive information related with children or any other person. You fully agree that Workly will not take the responsibility for the damages that may be happened due to irrelevant User Content.
By sharing any User Content and making it publicly available via our Service, you begin to be a representative and warrant that you consider all the necessary rights of using transferable, irrevocable and royalty-free worldwide license to edit, share, send the data connected with obtaining information. This information allows distributing, displaying, and making publicly syndicate works of your User Content
3. API Terms
Workly account data can be accessed via API (Application Program Interface). Any usage of the API, even usage of the API via a third-party product that have access to Workly, is connected to the terms of this Agreement, including, without limitation, the following specific terms:
- You understand and agree that Workly shall not be responsible for any direct, indirect, substantial, special, accidental or typical damages
- Including but without limitation intangible losses such as loss of profits, goodwill, use, data or other (even in case of recommending Workly for the possibility of such damages),
resulting from your use of the API or third-party products which get access to the data via the API.
- Misuse or overly frequent requests to Workly via the API may lead to temporary or permanent suspension of your access account for the API. Workly, in its sole discretion, will identify abuse or overuse of the API. Workly will try to make email notification about suspension for warning the owner of the account but shall not be required to do so.
Workly reserves the right at any time to change or stop your access to the API (or any part thereof) on a temporary or permanent period with or without notification.
4. Mobile Software
A. Mobile Software
We will give you access to our service via mobile device (“Mobile Software”). In order to use our Mobile Software, you should have such type of device which will be easily compatible with Mobile Software. Workly does not give a guarantee that Mobile Software will be well suited with your device. You may use mobile information along with Mobile Software and may face additional charges connected with wireless provider for the service. You consent that you take responsibility for the any charges. In reverse, Workly gives an access to a non-transferable, defeasible and non-exclusive license to use specially gathered code copy of Mobile Software for both Workly account for mobile application or took on lease with all the features made for you.
You must not:i) transfigure, disjoint, decompile or change engineer the Mobile Software, except for the situation when such restriction is specially forbidden by law; ii) give a rent, sublicense, loan, distribute and transfer Mobile Software to the third parties or use this Mobile Software as way for providing information and similar service to any third party; iii) use as copies of Mobile Software; iv) delete, disable, make a damage, contradict to security-related features of Mobile App, features that give a restriction for copying content which is available through the Mobile Software, or features that give a full limitation for the use of Mobile Software; or v) exclude or delete copyrights and property notifications on your Mobile Software.
You reaffirm that Workly may periodically issue new versions of the Mobile Software and can automatically or electronically upgrade the new versions of Mobile Software that you are using on your device. You agree to these kinds of updates for your mobile device and consent with the Terms and Conditions of the Agreement that will be applied to the upgrades of software. This license grant is not in a purpose of selling Mobile Software and all the title, interest, rights are retained with third-party partners and suppliers of this app. In attempt of transferring the rights, obligations or duties as expressly pointed in this Agreement all the actions will be revoked. Workly will reserve the rights, which are not expressly granted under this Agreement.
B. Mobile Software provided from App Store by Apple
Next paragraphs will be applied to Mobile Software you get from the App Store (“App Store-Sourced Software”): You acknowledge and consent that the Agreement is solely between Workly team and you, not with Apple Corp. Moreover, Apple does not take any responsibility for the Software from the side of Apple Corp. and the use of App Store Terms of Service. Apple will not take any obligations regarding furnishing maintenance and the support from the App Store Sourced Software. In case of failure of App Store-Sourced Software you should inform Apple, and Apple will return price of this purchasing App Store-Sourced Software; and the other related costs regarding dues, damages, failures, warranty will be governed by the Agreement and Law which is applicable to Workly as sole provider of Workly software.
You agree that Apple does not take responsibility for addressing the claims that are related to you and the third party to the App Store-Sourced Software or the possession and/ use of the App Store Sourced Software, but except for i)claims of product liability ii) any regulatory requirements and claims that fail under the Agreement of App Store-Sourced Software iii) claims that against the protection of consumer rights or similar legislation; and all these claims are controlled solely by the Agreement and the law which is primarily applicable to the App Store Sourced Software or the possession and the usage of the App Store Sourced Software offends that intellectual property rights of third parties, Workly not Apple will be solely responsible for the research, defense and discharge of intellectual property offends to the possible required by this Agreement. Workly and You recognize that Apple Corp. and its subsidiaries relates you with App Store-Sourced Software license. If you accept the terms and conditions of this Agreement, Apple has a full right to the Agreement.
C. Mobile Software provided from Google Play Store
This is applied to Mobile Software which you obtain from the Google Play Store) you confirm that the Agreement is interrelated between Workly and only You, not with any third parties or Parties from Google Inc., ii) Google-Sourced Software must be used in be complied with current and the following Google’s Play Store Terms of the Services iii) Google is considered as provider of Google Play Store where you acquired Google sourced Software; iv) Not both Google and Workly is solely responsible for the Google-Sourced Service; v) No obligations and liabilities will be taken by Google regarding Google-Sourced Software and the Agreement; and vi) you accept and agree that Google is a third party partner to this Agreement as Workly is interconnected with Google-Sourced Software.
5. Proprietary Rights
All materials therein except for your User Content including, without limitation, software, diagrams, text, graphs, logos, patents, photos, images, video, audio, music, service marks, copyrights and User Content belonging to the Users (the “Workly Content”), and all Intellectual Property Rights referred thereto, are the exceptionally property of Workly and its licensors (including other Users who post User Content to the Service). Except as explicitly provide herein, nothing in this Agreement shall be considered to create a license in or under any such Intellectual Property Rights, and you take full responsibility for not selling, licensing, renting, making changes, sharing, copying, reproducing, transferring, displaying and acting for a public, publishing, adapting, editing or creating derivative works using Workly Content. The usage of the Workly Content for any aims without expressly given permission by this Agreement is strictly forbidden.
You have the right to share your comments or ideas about the Service, including about improvements of the Service or our products(“Ideas”). By sharing with any Idea, you agree that this is voluntary disclosure, unsolicited and without restriction and will not place Workly under any fiduciary or other obligation, and there is freedom of using Idea without any requirements for providing compensation to you, and /or to share the Idea without confidentiality or otherwise to anyone. You further accept that, by taking your submission of your idea, Workly does not refuse for any rights to use the same or related ideas which are known to Workly earlier, or created by its employees, or received from sources other than you.
6. Workly Property
The Service includes information and other types of content which are not owned by you, such as reputation status indicators (“Workly Property”). In spite of the used terminology, Workly Property rights are solely governed by Terms in the Agreement and are distributed in a sole discretion of Workly Company. You will not be able to redeem any Workly Property for any value of money. You will not own the account for accessing the Service, even you do not possess the rights of accessing the stored data which is possessed on behalf of Workly on our servers not limiting any kind of data which represents and embody any or all of your Workly Property. You understand that Workly has a full right to edit, control, eliminate, Properties of Workly as fits in sole discretion in any general or specific case and that Workly will have no liability to you based on exercising their rights. The data on Workly’s servers are the subject for removing, editing and transferring.
Nevertheless, given value to such type of data by any third party or you, you agree and confirm that any information, account and its history along with content belonging our servers can be edited, transferred, deleted at any time with any reason in sole discretion with notice or without it and with no liability from Workly Company. Workly is not responsible for providing guarantee and categorically deny any kind of value, cash attributed to the data attributed our server.
NEVERTHELESS, GIVEN VALUE TO SUCH TYPE OF DATA BY ANY THIRD PARTY OR YOU, YOU AGREE AND CONFIRM THAT ANY INFORMATION, ACCOUNT AND ITS HISTORY ALONG WITH CONTENT BELONGING OUR SERVERS CAN BE EDITED, TRANSFERRED, DELETED AT ANY TIME WITH ANY REASON IN SOLE DISCRETION WITH NOTICE OR WITHOUT IT AND WITH NO LIABILITY FROM WORKLY. WORKLY IS NOT RESPONSIBLE FOR PROVIDING GUARANTEE AND CATEGORICALLY DENY ANY KIND OF VALUE, CASH OR ANY INFORMATION RELATED TO OUR SERVER.
7. Paid Services
A. Billing Policies
Definite aspects of the Service can be obtained by you for a fee or other cost. If you agree to choose aspects of the Service with charging the cost, you accept pricing and payment terms, located at website, as they can be changed periodically. Please, take into consideration that valid credit card is necessary for paying accounts, however there is no necessity for usage of it for free accounts.
Workly can make extra new services for additional fees and charges, add or alter fees and charges for current services, at any time in its sole judgement, including, but not limited to, making changes in monthly subscription plan fees for the Service. Workly is required to provide 30 days’ notification before any changes in payment and pricing terms by offering notice about your present payment terms. Mentioned types of notifications above can be provided anytime by publishing posts about the changes in Workly website or the Service itself.
B. Upgrades or Downgrades
Any advancement from the free plan or trial to any paying plan will lead to ending of free trial. Your billing for first month will be charged at once after update version. For any changes in the plan level including upgrade or downgrade of the service, proportionate amount will be charged from your provided credit card number and then the new rate will be offered automatically for next billing cycle. Take into consideration that reduction in the level of the service can lead to disappearance of content, User Content, peculiarities, or functionality of your account. We are not responsible for such loss.
C. No Reimbursement
Cancellation of Workly account from user’s side can be anytime; however, there are no reimbursement for cancellation of it. You will be charged for the service beforehand on a monthly or annual basis and billed amount will not be returnable. There will be no opportunity to reimburse or require credits for partly months of service, upgrade/ downgrade reimbursements, balances of credit or reimbursements for months with open account but no \ usage. Exceptions will not be made with the idea of treating everyone equally. In case there is suspension or termination of your account by Workly or this Agreement, you fully understand and agree that you will not get reimbursement or exchange for any Property of Workly, any non-used time on a subscription, any fees regarding license or subscription of the Service, any content or information connected with your account, or for anything else. In case there are unused credits with cancellation of your account, those credits are not returnable or transferable.
D. Payment Information; Taxes
We require to provide us with all precise, complete, and valid information in the process of conducting purchase or any monetary transaction interaction for the Service. You agree to make incurred payments as users through your credit card, debit card, or using other payment technique for monetary transaction with the Service at the prices, defined while making such charges. All fees are considered without taxes, impositions, or duties inflicted by tax authorities, and you take full responsibility for paying applicable taxes, impositions or taking duties, if any, connected with these types of purchases, transactions or other monetary transaction interactions.
Payment form depends on your selected choice after registration for the Service, or as in consequence of update as permitted by the Service. We have the right to refuse in payment or charge back any amounts to your account with the exception of our guilt under this Agreement, or amounts owing to any violation of this Agreement by us, or after identifying Workly’s reasonable evidence of such violation. We also have the right not to return or charge back any amounts to your account in the case of successful resolution of the dispute. This is your responsibility to provide accurate contact and payment information connected with your account including information regarding limitation applicable tax. If we consider that there is obligation to gain tax information and we could not find such type of information from your side after request, we may not consider your payments before obtaining this information or before obtaining the evidence that you do not act as a person from the entity with the idea of getting tax information. In case there is returned or canceled payments owing to a contact or payment information error, any third-party fees can be subtracted from the newly charged payment. You should agree to make payments for all applicable taxes or charges inflicted by any government entity linked with your usage of the Service.
In case you dispute any payment made according to present Agreement, you must inform us in written form within thirty (30) days about disagreement of such payment or until the end of payment period as soon as possible. If you do not notify Workly, it can result in the waiver of any claim connected with payment that you have disputed from your side. Calculation of payment depends directly on records made by Workly. Calculation or statistics made by others will not be accepted by Workly and they will not remain in force under this Agreement. Also, you cannot reserve audit rights according to this Agreement. We can refuse to pay any amounts including taxes owing to you for meeting requirements of law.
8. Trademarks and Site Name Squatting
We have the right to recover the name and subdomains of the site of the business or individuals, which hold legal right or trademark on the names or otherwise have an interest in such names. Accounts which include the name of the business or logos that we determine, in our sole discretion may deceive others will lead to Workly suspension.
Accounts that are not active for more than (30) days may also be removed at sole Workly’s discretion and without further notifications.
9. No Professional Advice
If the Service provides you professional information like a medical, legal, financial or any other, it should not be taken as professional advice. No action should be done upon the contained information in the Service. You need to find independent advice from professional person who is competent in the required area.
10. Text Messaging and Consent
A. Consent to Add Employees
It has become easy with Workly to add employees to your account which, in reverse, helps to manage both scheduling and feedback processes. YOU PRESENT AND CONFIRM US THAT EACH PERSON ADDED BY YOU FOR THIS WORKLY ACCOUNT HAS AGREED TO BE ADDED TO THE ACCOUNT AND TO RECEIVE ADMINISTRATIVE NOTIFICATIONS FROM WORKLY AND CHAT MESSAGES FROM YOU AND ANYONE ASSOCIATED WITH WORKLY ACCOUNT.
B. Consent to Receive Periodic Messages from Workly
As part of the Service, Workly sometimes makes users to send administrative messages to employers and employees. For example, before including a new employee to an employer’s Workly account, the new worker will get a welcoming message, commands on how to register for this Service and web link for receiving more information about the service. Workly can send other kinds of administrative messages too. BY REGISTERING IN THE WORKLY SYSTEM, YOU CONSENT TO RECEIVE MESSAGES FROM WORKLY.
C. Stopping Messages
To stop permanently receiving text messages from Workly, text “STOP” in any Workly message. You can change your settings too via Service Tools. In case of cease receiving messages, Workly members will alert your employer who will be needed to contact with you in another way.
D. Text Messaging Fees
In order to receive specific Workly notifications or information through text messages. Additional charges will be incurred due to wireless provider of the service. You consent that you take full responsibility for these kinds of charges. Moreover, know that text essaging charges may vary internationally.
To preserve security and inviolability of your personal information Workly is protected with multifunctional security system which is managerial, physical and technical safeguard for all the users of Workly system. However, we cannot guarantee that unofficial third parties will never be able to hack security arrangements or use identifiable personal information for inappropriate purposes. You understand that given your personal information by you at your own risk.
13. Third-Party Links and Information
14. Vendors and Contractors
Workly can attract sales people, contractors or any other third-party services in order to provide high Service quality to you, and we have a right to choose and change our vendors, contractors and services of third parties at our discretion and without your consideration.
You agree to compensate and protect Workly and its filial branches, managers, licensors, agents and the other subsidiaries and their workers, managers, vendors, contractors and directors from and in opposition of any kind of claims, indemnities, liabilities, financial costs or expenses (considering but not limiting attorney’s fees) causing from: i) the use of and access to the Service, containing any information which was transmitted and received by you; ii)your breach of the terms of this Agreement including but not limiting your violation of any Terms of the Agreement of any representative and warranties above; iii) your breach of any third-party rights, including but not limiting Privacy Rights and Intellectual Property Rights; iv)your violation of any applicable regulation, law and rules; v) User Content or any kind of content which is submitted through your account including but not limiting confusing, incorrect and inaccurate data; vi) your gross inattention or deliberate offense; or vii) the use of any other third party’s access and services with exceptional password, username and with suitable security code.
16. No Warranty
Workly service is based on “AS IS” AND “AS AVAILABLE” Base. You use the service at your own risk. You are permitted to maximum extent by applicable rules of law, and we do not provide any kind of warranties in spite of merchantability’s warranties, which are appropriate for specific purposes or non-infringement. Whether oral or written advice or information which is obtained by you from Workly or via the service will create guarantee not specifically state therein.
WORKLY SERVICE IS BASED ON “AS IS” AND “AS AVAILABLE” BASE. YOU USE THE SERVICE AT YOUR OWN RISK. YOU ARE PERMITTED TO MAXIMUM EXTENT BY APPLICABLE RULES OF LAW, AND WE DO NOT PROVIDE ANY KIND OF WARRANTIES IN SPITE OF MERCHANTABILITY’S WARRATIES, WHICH ARE APPROPRIATE FOR SPECIFIC PURPOSES OR NON-INFRINGEMENT. WHETHER ORAL OR WRITTEN ADVICE OR INFORMATION WHICH IS OBTAINED BY YOU FROM WORKLY OR VIA THE SERVICE WILL CREATE GUARANTEE NOT SPECIFICALLY STATED THEREIN.
NOT LIMITING BEFORE STATED RULES, WORKLY’S BRANCHES, LINCESORS AND MEMBERS DO NOT GIVE GUARANTEES THAT THE CONTENT IS PRECISE, RELIABLE OR CORRECT; THAT THE SERVICE WILL EXATCLY MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE ACCESSIBLE AT ANY PARTICULAR TIME AND PLACE, UNITERPRETTED OR SECURE; NONSTOP AND SECURE SERVICE; THAT ANY FAULTS AND DEFECTS WILL BE IMPROVED; OR THAT SERVICE DOES NOT INCLUDE VIRUSES OR OTHER HARMFUL SOURCES. ANY TYPE OF CONTENT AND DATA WHICH IS DOWNLOADED BY YOU OR OBTAINED VIA OUR SERVICES WILL BE AT YOUR OWN RISK AND YOU WILL BE SOLELY LIABLE FOR THE CAUSED DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE PHONE OR ANY HARM OF DATA THAT MAY BE RESULTED DUE TO DOWNLOADED SOURCES OF INFORMATION.
WORKLY DOES NOT TAKE ANY WARRANTIES, SUPPORT, AND GUARANTEES AND EVEN DO NOT ACCEPT RESPONSIBILITIES FOR THE ADVERTISED OR OFFERED FROM THE THIRD PARTY HYPERLINKED WEBSITES AND SERVICES. WORKLY WILL NOT BE RESPONSIBLE FOR THE PROCESED TRANSACTION BETWEEN YOU AND THIRD-PARTY CONTRACTORS OF THE SERVICE AND PRODUCTS.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABE LAW, UNDER NO CIRCUMSTANCES WORKLY AND ITS SUBSIDIARIES, VENDORS, AGENTS, EMPLOYEES, DIRECTORS, SUPPLIERS OR LICENSORS WILL NOT BE LIABLE FOR ANY RETRIBUTIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR TYPICAL DAMAGES INCLUDING BUT NOT LIMITING LOSS CONCERNING DAMAGES ARISING FROM RELATED USE OF AND IMPOSSIBILITY TO USE THE SERVICE. IN NO EVENT WORKLY WILL NOT BE RESPONSIBLE FOR ANY HARM, DAMAGE AND LOSS RESULTING FORM HACKING ATTACKS, INTERFERING OR OTHER UNAUTHORIZED ACCESS TO THE PROVIDED SERVICE, ACCOUNT AND THE DATA CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WORKLY WILL NOT BE RESPONSIBLE FOR ANY TYPE OF I) FAULTS,ERRORS, INEXACTNESS IN THE CONTET OR THE SERVICE; II) PERSONAL OR PROPERTY DAMAGE OR WAHTSOEVER WHICH IS RESULTED DUE TO THE USE OF OUR SERVICE; III) ANY UNLAWFUL ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN; IV)ANY VIOLATION OR CEASE OF TRANSMISSION TO OR FROM THE SERVICE V)ANY MISTAKES OR MISSIONS IN ANY CONTENT OR FOR ANY LOSING OR FACED DAMAGE IN CONSEQUENCE OF USING ANY CONTENT WHICH WAS POSTED, EDITED, TRANSFERRED OR MADE ACCESSIBLE THROUGH THE SERVICE; AND/OR VII)USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL ACTIONS OF THE THIRD PARTIES; UNDER NO CASE WORKLY’S BRANCHES, AGENTS, MANAGERS, DIRECTORS EMPLOYEES, VENDORS, SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY LAWSUITS, TRIALS, LOOSES, DAMAGES, OR EXPENSES IN ANY AMOUNT EXCEEDING THE AMOUNT YOU PAID TO WORKLY RELATING TO THIS CONTRACT.
THIS RESTRICTION OF LIABILITY SECTION IS APPLIED REGARDLESS OF WHETHER THIS LIABILTY IS BASED ON AGREEMENT, CIVIL RIGHTS INFRACTION, INATTENTION, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WORKLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE AFOREMENTIONED RESTRICTION OF LIABLITY SHOULD BE APPLIED TO THE MAXIMU EXTENT PERMITTED BY LAW ACCORDING TO APPLICABLE JURISDICTION.
THIS AGREEMENT PROVIDES YOU DEFINITE LEGAL RIGHTS, AND YOU CAN HAVE OTHER RIGHTS, WHICH DIFFER FROM STATE TO STATE. THE REFUSAL, EXCEPTIONS AND RESTRICTIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT BE APPLIED TO THE STAGE FORBIDDEN BY APPLICABLE LAW
Workly can transfer or assign this Agreement, and any rights, licenses provided hereunder, however there is restriction to change them by users. Any tried transfer or assignment in offense hereof will be non-active and invalid.
B. Notification Procedures and Changes to the Agreement
C. Entire Agreement/Severability
Any changes in Agreement and any amendments can be added only after the acceptance from both Workly and user sides. Then, this changed Agreement between you and Workly regarding the Service can come into force. If court of competent jurisdiction considers any provision of this Agreement as not valid, invalid provisions cannot have influence on the validity of other remaining provisions of this Agreement. These valid provisions will come into full force, excluding the case when universal Class Action or Jury Trial considers unenforceability of these agreements.
D. No Waiver
No voluntary relinquishment of any term of this Agreement will be considered a further or continuing waiver of such term or any other term, and Workly’s failure to defend any right or provision under this Agreement will not mean a waiver of this right or provision.
If you still have questions concerning this Agreement, please contact us by visiting our Help Center section or via e-mail: firstname.lastname@example.org.