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Workeroom's Terms & ConditionsLast Update: August 2019
These Terms of Conditions ("T&C") constitute a legally binding agreement ("Agreement") between you and WR governing your access to and use of the WR website.
Please read these T&C carefully as they contain important information about your legal rights, remedies and obligations. By using our website, you indicate that you accept and agree to comply with these T&C.
1. User Accounts in WR
1.1 You have to register a User Account in order to access and use all of the features in the WR website. User Account registration is free.
1.2 With a User Account, you can be a Buyer or a Pro depending on your needs. Each user is only allowed to register for one User Account.
1.3 To register for a User Account, you must be, and hereby represent and warrant that you are 18 years or older and have the legal capacity to form legally binding contracts.
1.4 You agree to provide true, accurate and complete information on your profile. You agree not to provide any false or misleading information related to you or and/or your Services.
1.5 You are solely responsible for all your actions and activities conducted in WR website and your User Account. WR reserve the right to temporarily or permanently suspend or revoke your access to User Account if you breach any of these T&C.
1.6 You understand that you must comply with any licensing or registration requirements with respect to your Service and represent that you comply with all such requirements.
1.7 You represent that you are not a citizen or resident of a geographic area in which access to or use of WR website is prohibited by applicable law or regulation, and that you are not in breach of any applicable laws, rules or regulations or obligations to any other person.
1.8 You represent that you have made and will make all required legal and tax filings, and pay all applicable taxes required by the tax authorities.
2. Ordering Services in WR
2.1 Buyers are free to browse any Service published by Pro in WR.
2.2 An Order is created when a Buyer purchases a Service posted by a Pro in WR.
2.3 After successful payment for an Order, the Buyer is required to submit information required by the Pro (as specified in the Service description page) in order for the Pro to start working.
2.4 Once the required information is provided by the Buyer, the Pro must respond within eighteen (18) hours by clicking the “Start Service” button in the Order Details Page to acknowledge the receipt of such information and to confirm that the Pro has started working. Otherwise, the Buyer can cancel the Order and be entitled to a refund in accordance with section 6.
2.5 The Pro is required to deliver the Order within the specified delivery timeline by submitting all deliverables to the Buyer in the Order Details Page. Otherwise, the Buyer can cancel the Order and be entitled to a refund in accordance with section 6.
- 2.6 Once the Pro has delivered a Service, the Buyer should either:
- (a) accept the Service by clicking the “Accept” button in the Order Details Page. The Order is then marked as “Completed”;
- (b) request the Pro to make a revision by clicking the “Request Revision” button and giving detailed feedback (e.g. reason(s) for the request, incomplete work items) to the Pro; or
- (c) if the Buyer does not respond within five(5) days after the Service is delivered, the Order will be automatically marked as “Completed”.
2.7 After the Order is marked as "Completed", it is assumed that the Buyer is satisfied with the Service and the Buyer must not file a dispute or seek to reverse payment through their bank, credit card issuer or payment provider (e.g. PayPal).
2.8 In order to protect our Users in case of disagreements or disputes, all communication between Buyers and Pro must be conducted via WR.
3. Posting Services in WR
3.1 WR allows Pros in Hong Kong to post Services in WR.
3.2 Pro can publish their Services after completing verification through a valid HK mobile phone number.
3.3 Pro should complete their profile by uploading a profile picture and provide background information about their skills, experiences and other relevant information.
3.4 For each Service published, Pro are required to select appropriate categories and specify the details such as the price of and service items included in the Basic Service.
3.5 Pro can add Extra Service on top of Basic Service by specifying the additional price and delivery time for each of the Extra Service items.
- 3.6 Users cannot post, upload or publish any content that:
- (i) is fraudulent, misleading or illegal;
- (ii) is obscene or pornographic;
- (iii) infringes copyright, trademark or other intellectual properties;
- (iv) is violent or threatening or promotes discrimination or racism; or
- (vi) attempts to direct other Users to other external websites or contacts.
3.7 Any published Services may be removed by WR without prior notice if Users violate any of the terms in our T&C.
4. User Review and Rating
4.1 WR strives to implement a fair review and rating system for Buyers to assess the quality and creditability of Pro and their Services.
4.2 Buyers are given the right and are encouraged to give review and rating for Orders that are marked as "Completed".
4.3 Once given, review and rating cannot be amended or removed by either the Buyer or the Pro.
4.4 Users, either individually or collectively, who attempt to inflate or deflate a Service's review and rating is an abuse of our review and rating system. Such behavior violates our T&C and will result in a permanent suspension of the related User Accounts.
4.5 WR reserves the right to remove any review or rating that violates our T&C or contain any inappropriate content.
5. Payment and Withdrawal
5.1 Payment made by a Buyer will be held in our Escrow Account upon purchase of a Service.
5.2 Payment will be released to the Pro's WR account after an Order is marked as "Completed" under normal circumstances.
5.3 This arrangement ensures that payment is released to the Pro only when the Buyer receives the Service, while the Pro is guaranteed to receive payment after completing the Order.
5.4 All payments between Buyers and Pro must be processed through WR. Any attempt of payment outside of WR is a violation of these T&C and will result in temporary or permanent suspension of the related User Accounts.
5.5 Users must report to WR immediately if you observe any attempts or receive any offers to make payment outside of WR.
5.6 For withdrawal, Users can choose to withdraw funds from your WR Account to your HK bank account. For each withdrawal, Users are required to submit a withdrawal request.
5.7 Funds held in WR Account will normally be transferred to your HK bank account within five (5) working days after submitting the withdrawal request.
5.8 WR uses third-party service provider(s) to process payments and transfer funds. in abnormal circumstances that are beyond our control, WR cannot guarantee that the funds will be available in your HK bank account or Paypal account.
- 5.9 WR reserves the right to request the following information for verification with banks, third party payment providers or card issuing institutions:
- (i) Copy of identify document (e.g. Passport, HKID Card);
- (ii) Copy of address proof (in recent 3 months).
6.1 WR receives no management or other fees from Buyers.
6.2 Depending on the Pro's membership level, WR retains a portion of service income per each completed Order from the Pro as the platform management fee. The standard rate is 19% and the rate will decrease as the Pro's membership level increases.
6.3 WR reserves the right to adjust the above fees from time to time to reflect the latest market conditions, including but not limited to the latest terms offered by our payment service provider(s).
7. Order Cancellation
- 7.1 Buyers may request order cancellation by clicking the "Cancel Order" button in the Order Details Page under the following circumstances:
- (a) No response from the Pro
- The Pro has not responded within eighteen (18) hours by clicking the “Start Service” button in the Order Details Page after the Buyer purchased a Service and submitted the required information. The Buyer can cancel the Order by submitting a cancellation request and the Order will be cancelled automatically. In such case, the Buyer is entitled to full refund.
- (b) Late delivery by the Pro
- The Pro did not deliver the Order within the stipulated delivery timeline as indicated in the Order Details Page. The Buyer can cancel the Order by submitting a cancellation request and the Order will be cancelled automatically. In such case, the Buyer is entitled to full refund.
- (c) Service delivered not as described
- The deliverables sent by the Pro are not rendered as described in the Service description after revisions have been made by the Pro in response to feedback from the Buyer. In such case, the Buyer can raise the cancellation request to WR's customer support team for review and judgement (Please refer to section 13 for more details);
7.2 Pro must strive to avoid cancellation request initiated by a Buyer as order cancellation will negatively impact the Pro's Service ranking.
7.3 WR reserves the right to cancel any Orders that are suspicious, illegal, fraudulent and/or in violation of our T&C.
8. Refund Mechanism
8.1 Buyer are entitled to refund when an Order is marked as "Cancelled".
8.2 Refunds will be made to the Buyer’s WR Account and are available for future purchases in WR. Refunds to the WR Account will not include the payment processing fee of HKD 2.35 charged by third party payment service provider for each transaction at the time of purchase.
8.3 Only the funds held in the Escrow Account are refundable. Once the Buyer accepts the delivery and an Order is marked as "Completed", the funds will be released to the Pro and are non-refundable.
8.4 Abuse of WR's cancellation and refund policies (e.g. multiple refunds attributed to a User or a group of Users) are a clear violation of our T&C and will lead to temporary and/ or permanent suspensions of their User Accounts.
8.5 Buyers must not file a dispute or reverse a payment through their bank, credit card issuer or payment provider. Such attempt is a violation of our T&C and WR reserves the right to impose penalties and/or take legal actions to recover the payment or loss.
8.6 If WR has to refund to the Buyer due to the circumstance as described in term 8.5 above, WR is entitled to recover any such amount from the Buyer's WR Account or credit cards. If WR is unable to recover such amount in full, the Buyer agrees to pay any outstanding amount to WR within three (3) working days upon request.
9.1 Pro must strive to deliver a high standard of work that meet the Buyer's needs and expectation.
- 9.2 Pro should ensure that all deliverables are:
- (a) absence of no material error;
- (b) complete and match with what defined in the Service description;
- (c) of a standard consistent with the level of expertise indicated in the Pro's profile.
10. Memebership Level
10.1 WR has a membership scheme that incentivizes and encourages long-term growth with our Users.
10.2 There are currently 5 membership levels for Users, namely Normal, Copper, Bronze, Silver and Gold. Higher membership levels can be achieved by accumulating membership points in WR.
10.3 Membership points can be accumulated through engaging different activities in WR.
10.4 Higher membership levels provide Users with more benefits and privileges, including but not limited to reduction in management fee for Pro and higher purchase discount rates for Buyers.
11. Referral Program
11.1 The Workeroom Referral Program is available to all existing registered users of Workeroom.
11.2 To be eligible for the Referral Program, the Referee must refer to a Referred Friend who is not an existing user of Workeroom. Self-referrals are invalid and strictly prohibited.
11.3 A referral will be deemed successful when a Referred Friend sign-up on Workeroom by clicking the Referee’s unique referral link and successfully publish a new service on Workeroom within 3 months of being referred.
11.4 The Referee’s unique referral link must be obtained via the Referee’s user account in the Workeroom website (i.e. workeroom.com.hk).
11.5 A Referred Friend can only use one referral link, and there can only be one Referee for each user account created by the Referred Friend.
11.6 For each successful referral, each of the Referee and the Referred friend will be granted HKD50 cash coupon. Such coupon can be used for any future purchase on Workeroom. Each cash coupon has an expiry date of 90 days.
11.7 Workeroom will deliver the cash coupons to the Referee and the Referred friend within 5 working days once they become eligible for the rewards.
11.8 Each Referee is eligible to receive rewards for up to 10 referrals. The maximum rewards per user will be HKD500.
11.9 Workeroom reserves the right to cancel the Referral Program without prior notice at any time for any reason.
11.10 All questions or disputes regarding eligibility for the Workeroom Referral Program will be resolved by Workeroom in its sole discretion.
11.11 By participating in the Workeroom Referral Program, you agree to comply with all applicable commercial and public anti-bribery laws and not to engage in any activity that may be considered as fraudulent, invasive or spamming.
11.12 By participating in the Workeroom Referral Program, you release Workeroom and their agents from all liability, including, without limitation, with respect to the referral rewards.
12. Ownership of Deliverables
12.1 Once the Service is delivered, the Pro grants the Buyer all intellectual property rights, including copyrights and all other rights in the Service to which the Pro is or may be entitled by virtue of the laws in Hong Kong.
12.2 All transfer of intellectual property rights shall be subject to payment for the Service. The deliverables may not be used by the Buyer if the Buyer canceled an Order and obtained a full refund.
12.3 The Pro must keep confidential for all information received from the Buyer and must not use or share those information for any purpose other than for the delivery of the Service.
12.4 By posting content and deliverables (including but not limited to texts, photos, videos) in WR, Users agree and give consent to WR to use these content for marketing purposes.
13.1 A dispute resolution request can be raised to WR's customer service team when there are disagreements/disputes between the Buyer and the Pro.
- 12.2 WR consider the followings before making a resolution:
- (a) whether the Service was delivered and the delivery work meet the scope defined in the Service description page;
- (b) whether revision(s) has been made by the Pro according to the Service description;
- (c) whether the Buyer has provided necessary information as required by the Pro to start or complete the work; and
- (d) whether the Buyer and the Pro have complied with our T&C.
13.3 WR rely on only the information and communication in WR as evidence for making a resolution. WR do not consider any other form of evidence outside WR that provided by either the Buyer or the Pro.
13.4 WR strive to investigate and make a resolution within five (5) business days. However, each dispute has different level of complexity and resolution time may therefore vary. WR will notify both parties if more time is needed.
13.5 Once a resolution is made, WR's customer service team will notify the results to both parties and the cancellation request and refund, if applicable, will be processed accordingly.
13.6 WR's involvement with the dispute ends once a resolution is made and communicated to both parties.
13.7 Users consent and accept WR to make resolution on behalf of you. You agree to have no cause of action against WR in respect of the resolution, and that you have no right to hold WR liable for any User’s alleged actions.
14. Privacy Statement
15. Intellectual Property Rights
16. User Generated Content
With respect to the Content you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant Company and its affiliates a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to WR are non-confidential and WR will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. WR may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your access to the website. If you wish to terminate your account, you may do so by following the instructions on the website. Any fees paid hereunder are non-refundable. All provisions of the T&C which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or each website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THATH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED THERETO, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to hold us harmless and defend and indemnify us, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these T&C or your use of the website, including, but not limited to, any use of the website’s content, services and products other than as expressly authorized in these T&C or your use of any information obtained from the website.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. If the website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk and subject to the terms and conditions of use for such other websites.
21. Governing Law
This Agreement and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the law of Hong Kong Special Administrative Region of the People’s Republic of China. The Hong Kong courts shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement.