Terms and Conditions
1. INTRODUCTION
Welcome to PANGAEA X PORTAL L.L.C. PANGAEA X PORTAL L.L.C., with headquarters in the United Arab Emirates (UAE), operates a technology platform which connects Customers to Freelance Data Analysts and enables them to have their data analytics needs met by accessing PANGAEA X PORTAL L.L.C.’s website and/or availing of any/all services provided by the respective Freelances registered on the website by way of booking the service required (hereinafter “Services”), https://www.pangaeax.com (“Website”). These terms and conditions (“Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Services. In these Terms, “we”, “us” or “our” refers to PANGAEA X PORTAL L.L.C., and “you” “your”, “User(s)” shall refer to you as the Services User, both Customers and Freelancers collectively. Any information, text, links, graphics, photos, audio, videos, data, code, or other materials or arrangements of materials that you can view on, access or otherwise interact with through the Services shall be referred to as “Content”. The Content that you contribute, submit, transmit, and/or post to or through the Website, shall be referred to variously as “Your Content”, “Content of yours”, and/or “Content you submit.” Please read these Terms carefully. By using our Services, you confirm that you accept these Terms of use and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website. If you do not agree to these Terms and continue to use our Website, it shall be understood that you agree with these Terms. Upon accessing the Website, including any version of this Website that has been amended to geographically suit its Users, you will be asked to consent to being bound by these Terms as well as our website privacy policy (“Privacy Policy”). Users are hence advised to review these Terms and our Privacy Policy prior to use of the Website. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us in relation to your use of this Website. You agree that if you disagree when asked to agree with these Terms, your access to the Website may be revoked until you agree with these Terms.
2. DEFINITIONS
The definitions and rules of interpretation in this Clause shall apply throughout these Terms:
“Account” means the account you create with PANGAEA X PORTAL L.L.C. using your electronic mail account (e-mail) or certain third-party social networking accounts (including Facebook, Google, and LinkedIn) to access the Services;
“Amended Booking Fees” has meaning given to it under Clause 6.7
“Applicable Laws” means the relevant commercial, licensing and/or digital laws of the UAE and any country or region from where you are accessing the Website;
“Bookings” has the meaning given to it under Clause 6.1;
“Customer(s)” means the Account holder or a user of the Website, who is seeking the services of a Freelancer
“Content” means any information, text, links, graphics, photos, audio, videos, data, code or other relevant materials or arrangements of materials that you can view on, access or otherwise interact with through the Services;
“Description” means and includes the description, images, availability, restrictions, capacity, and any applicable charges of the relevant Freelancers’ services. The Description varies from one Freelancer to another;
“External Sites” has meaning given to it under Clause 3.1;
“Freelancer” means an account holder or user of the Website who is self-employed, possesses the relevant license from the regulatory authority, with the exception of countries where no such license is required and is registered with PANGAEA X PORTAL L.L.C. to offer his/her expert services;
“Intellectual Property” means all (i) patents, improvements thereof, patent applications and registrations, Inventions (whether patentable or not) (ii) trademarks, trade names, trade-mark applications and registrations service marks, domain logos and designs; (iii) copyrights, copyright applications and registrations; (iv) trade secrets, know-how and other intellectual property; and (v) computer systems and applications software including all documentation and modifications thereof;
“Long Term Booking” means a Booking that will last longer than five (5) days;
“Policies” means any terms, conditions, and policies (separate from these Terms) made available on the Services;
“Short Term Booking” means a Booking that has a timeframe of up to five (5) days;
“Service Contract” means, the contractual provisions between a User and a Freelancer governing the Freelancer Services to be performed by a Freelancer for a Customer;
“Total amount” has meaning given to it under Clause 6.6;
“Use” has its meaning given to it under Clause 5.3;
“User(s)” means collectively the Customers and Freelancers;
“Website” means the website: www.pangaeax.com owned by PANGAEA X PORTAL L.L.C. to provide Services to the User.
3. USE OF THE SERVICES
3.1 Users
3.1.1 In order to use and access the Services, you must create an Account through our Website. When you create an Account, you must provide complete and accurate information, and warrant to update such information as and when required in order to keep it recent. You must keep your password confidential at all times and are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your Account, and all activities that occur in connection with your Account. The User is encouraged to use strong passwords, with a combination of upper-case and lower-case letters, numbers, and symbols;
3.1.2 If you are creating an Account for commercial purposes and are accepting these Terms on behalf of a company, organisation, or other legal entity, you represent and warrant that you are authorised to do so and have the authority to bind such entity to these Terms, in which case the words “you”, “your” and “User” as used in these Terms shall refer to such entity;
3.1.3 We reserve the right to amend these Terms at any time without prior notice and the Users’ continued use of the Website following the amendments represents the Users’ agreement to be bound by the Terms as amended. It is hence the responsibility of each User to review these Terms regularly while using our Website;
3.1.4 We may, from time to time, decide to change, update, or discontinue certain features of the Services. You agree and understand that we have no obligation to store or maintain your Content or other information you provide, except to the extent required by any Applicable Law(s);
3.1.5 Kindly note that we shall not provide any Services to Office of Foreign Asset Control (“OFAC”) sanctioned countries, including the Balkans, Belarus, Burma, Cuba, Democratic Republic of Congo, Iran, Iraq, Ivory Coast, Liberia, North Korea, Sudan, Syria, and Zimbabwe;
3.1.6 In the event of any breach or violation of any Terms hereunder, PANGAEA X PORTAL L.L.C. reserves the right to pursue legal remedies available under the Applicable Law(s).
3.2 Customers
3.2.1 Upon creation of an Account as a Customer, you represent to us that all information provided to us in such process is true and accurate, and that you will update your information as and when necessary to maintain its accuracy. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or provide or use false information to obtain access to the Services that you are not legally entitled to claim. You acknowledge that any access to PANGAEA X PORTAL L.L.C. using falsely claimed accounts may cause us, or third parties, to incur substantial economic damages and losses for which you may be held liable and accountable;
3.2.2 You acknowledge to not threaten, abuse, or otherwise endanger, whether digitally or physically, the Freelancers who list their Services on the Website in any way.
3.3 Freelancers
3.3.1 Upon creation of an Account as a Freelancer, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary to maintain its accuracy. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or provide or use false information to obtain access to the Services that you are not legally entitled to claim. You acknowledge that any access to PANGAEA X PORTAL L.L.C. using falsely claimed accounts may cause us, or third parties to incur substantial economic damages and losses for which you may be held liable and accountable;
3.3.3 You acknowledge that upon creation of your Account that you would be required to upload any/all such licenses, documentation attesting to your qualifications and/or any additional information pertaining to your ability to provide such Services on our Website to be verified by us;
4. PROHIBITED ACTIVITIES
4.1 The Content and information available on the Website are the Intellectual Property of PANGAEA X PORTAL L.L.C. and/or licensed to PANGAEA X PORTAL L.L.C. by third parties. Users agree that they shall not engage in any of the following activities in connection with your use of the Website:
4.1.1 post information on the Website that is obscene, defamatory, threatening or malicious in nature or any other material that is prohibited by the Applicable Laws;
4.1.2 publish any copyright material, or material protected by any other Intellectual Property rights, unless legal right to use and post such material has been obtained and is valid at the time of posting;
4.1.3 infringe or use PANGAEA X PORTAL L.L.C.’s brand, logo(s) and/or trademark(s) in any business name, e-mail, URL or other context unless expressly approved in writing by the owner of the Intellectual Property as applicable;
4.1.4 attempt to circumvent any protective technological measure associated with the Services;
4.1.5 violate the restrictions of any robot exclusion headers on the Website or bypass or circumvent their measures employed to prevent or limit access to the Service;
4.1.6 access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these Terms or without express written authorization from PANGAEA X PORTAL L.L.C.;
4.1.7 attempt to access or search the Website or any Content contained therein through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through the web browsers;
4.1.8 download any Content unless it is expressly made available for download by PANGAEA X PORTAL L.L.C.;
4.1.9 post, upload, transmit or otherwise distribute chain letters, pyramid schemes, advertising or spam;
4.1.10 impersonate or misrepresent your affiliation with another person or entity;
4.1.11 harvest or otherwise collect information about others, including names, emails, telephone numbers, and addresses for unlawful purposes;
4.1.12 interfere with or disrupt any of the associated computer or technical delivery systems;
4.1.13 interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
4.1.14 modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website; and
4.1.15 Use the Website or any Content on the Website in any manner not permitted by these Terms
4.2 Users agree not to use the Website in any way or action that may:
4.2.1 cause damage to, or impair the performance of the Website, inclusive of its availability and accessibility to Users and PANGAEA X PORTAL L.L.C.;
4.2.2 be illegal, fraudulent or harmful to any person or company in any direct or indirect manner; and
4.2.3 use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
4.3 Customers agree that they will not make Bookings with Freelancers to avail of the Services for any activities that may constitute an immoral or illicit action and/or deemed to be illegal or fraudulent in any manner, whether digitally or physically (“Infractions”). Freelancers agree to not enter into Bookings and provide Services to any Customer who they may suspect intends to commit or has already committed such Infractions. Users agree that any such behaviour or action will lead to an immediate suspension of their Account and if we deemed necessary, we may report them to the relevant legal authorities for committing, suggesting or encouraging such activities.
5. CONTENT
5.1 Ownership of PANGAEA X PORTAL L.L.C.’s Content and Intellectual Property Rights
5.1.1 Subject to the express provisions of these Terms, we own, control, license, and reserve all the Intellectual Property rights and the Content used on the Website. You agree not to use, remove, alter, modify, create derivative works of, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in, or accompanying, the Services or Content. You must not use any part of the Content on our Website for commercial purposes without first obtaining a license and/or written approval to do so from us or our licensors;
5.1.2 All Content posted on the Website or submitted by the Users to PANGAEA X PORTAL L.L.C. are protected by the relevant copyright laws. We authorise you to view or download a single copy of the material on the Website solely for your personal, non-commercial use if you include the copyright notice located at the end of the material, for example: “©2020, PANGAEA X PORTAL L.L.C. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Website may be included and are incorporated into these Terms by reference;
5.1.3 Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate Intellectual Property, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of PANGAEA X PORTAL L.L.C.. All rights not expressly granted herein are reserved to PANGAEA X PORTAL L.L.C. and its licensors.
5.2 Your License to PANGAEA X PORTAL L.L.C.’s Content
5.2.1 We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Website only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any matter inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works of, or in any way exploit or allow others to exploit any of our Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our Content or Intellectual Property rights;
5.2.2 If you violate any of these Terms, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any part of the materials. You may also be potentially liable for Intellectual Property rights infringement based on the circumstances, in addition to losing access to our Services.
5.3 PANGAEA X PORTAL L.L.C.’ License to User Content
5.3.1 Upon submission of Your Content, you hereby grant PANGAEA X PORTAL L.L.C. a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, assignable, sub-licensable, and transferable right to use Your Content and all Intellectual Property rights therein for any purpose or Use that we deem necessary;
5.3.2 For the avoidance of doubt, “Use” means use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyse, promote, commercialize, create derivative works of;
5.3.3 You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content brought against us or its Users, any Freelancers and their users;
5.3.4 We reserve the right, at any time and without prior notice, to remove, block, or disable access in whole or part of Your Content that we, for any reason consider to be objectionable, in violation of the Terms, or otherwise harmful to the Website or our Users at our sole discretion. Subject to the requirements of the Applicable Law(s), we are not obligated to return any of Your Content to you under any circumstances.
6. BOOKING AND PAYMENTS
6.1 The Services provided by us, allows you to search for, select, book, and hire (“Booking(s)”) on the Website for Freelancers. These include, without limitation, making Bookings with Freelancers specializing in any data related needs such as, but not limited to, data extraction, data manipulation, ETL, data transformation, data science, data visualization, technical writing etc.
6.2 The Customer agrees that all fees and payments incurred by Booking and for the acquisition of services from the Freelancers are to be made by the Customer at the time of Booking and prior to any use of the Freelancer’s services. The Customer understands that a violation of this provision may result in cancellation of your respective Bookings, denial of access to any Booking, or in the forfeiture of any monies paid for said Bookings.
6.3 The Customer may be able to make Booking by contracting the Freelancer for a project uploaded by the Customer on the Website. The Customer ensures to set a budget and timeframe for the said project. The Freelancers are then permitted to bid for the project uploaded by the Customer based on their own expertise and respective costs. The maximum amount a Freelancer may earn is the entirety of the budget the Customer has set, unless otherwise amended by the Customer. The Customer will then proceed to select a Freelancer of their own choosing to avail the said Freelancer’s services for the project uploaded by the Customer, at the Customer’s sole discretion.
6.4 When a Customer enters the details of the project that they would want Freelancers to bid on, we may recommend some Freelancers on our Website and provide a list of Freelancers pursuant to User rating and feedback as stipulated in Clause 10 of these Terms. The Customer is in no way obligated to pick a Freelancer that we may recommend, and we bear no liability whatsoever for a Freelancer’s inability to complete a project.
6.5 The Freelancers bidding for the projects uploaded by the Customers, are permitted to request the Customer for a revision in their budget and/or timeline for the completion of the project should they deem that the work may require more time and/or effort on the part of the Freelancer. Freelancers will pay the local bank charges for the bookings/ projects under 100$.
6.6 Upon checkout, the total amount to be paid is equivalent to the sum of the total of all Bookings made at that time, inclusive of any additional fees, charges, bank charges government taxes or duties as may be applicable at the time of purchase (“Total Amount”).
6.7 In the event you wish to make any amendments once having receiving confirmation of your Booking(s), then you shall:
6.7.1 Require approval from the relevant Freelancer; and/or
6.7.2 Incur an additional charge at the discretion of the Freelancer (“Amended Booking Fees”).
6.8 Any amendments to the Booking pursuant to Clause 6.5 shall only come into effect once having completed the full payment for the amendment to the Booking. Amendments to the User’s booking should not be presumed until receipt of a written confirmation of the amendment and the respective payment for the same.
6.9 PANGAEA X PORTAL L.L.C. uses an escrow mechanism to hold and manage Security Deposits paid by Customers to be paid to the Freelancers:
6.9.1 The escrow mechanism is in place with our third-party payment facilitators. Therefore, any payment made by the Customer would be first transferred into an escrow account held by the third-party payment facilitators and then later discharged to the Freelancer via PANGAEA X PORTAL L.L.C. upon receiving confirmation from the Customer on the acceptance of the Services provided. Since the Customer will be re-directed to the payment gateway of the third party payment facilitators of the Website, we do not store any of the Customer’s payment credentials and we do not come into possession of any amount paid towards a Booking until the Customer has approved the completion of the Booking, unless otherwise stated herein;
6.9.2 The Users also consent to providing PANGAEA X PORTAL L.L.C. with the right to release or freeze these funds upon the request of any legal authority to aid with any legal investigation.
6.10 In any event, any changes or amendments should be made in a timely manner wherein prior written notice should be provided, where possible. The Customer understands that acceptance of such amendments cannot be guaranteed, and PANGAEA X PORTAL L.L.C. shall in no manner be liable if the Freelancer does not honour such requests.
6.11 We may charge, at our discretion, penalties for any illicit behaviour or any additional fees incurred in processing your payment once you make a Booking. You are liable for any costs or expenses associated with recovering payments owed, including any attorneys’ fees or expenses.
6.12 We only accept credit cards as a form of payment at this time. You must provide accurate and complete information about your payment details. We are not liable for the safety and security of your payment information, and any/all credit card details and/or personal information pertaining to your payment process will not be stored, sold, shared, rented or leased to any third parties by us. We may at any time add or delete any other payment processing service, without notice, which may be subject to additional terms and conditions.
6.13 Payments shall be made using Visa and/or Master Card, United States Dollars (USD). Kindly note that multiple transactions may result in multiple postings to the cardholder’s monthly statement.
6.14 In the event of a cancellation, refunds shall be made by only using the original mode of payment and will be processed within seven (7) to fourteen (14) days. Kindly ensure that you retain a copy of your transaction records.
6.15 You consent and agree that we shall not be held responsible for any delays and/or issues, for any reason whatsoever, in the transfer of payments from the third-party payment facilitator.
6.16 PANGAEA X PORTAL L.L.C. shall not accept cash payment for fees and charges incurred under any circumstances.
6.17 Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt of payment.
6.18 You agree and accept that PANGAEA X PORTAL L.L.C. acts solely as an operator that facilitates communication between Customers and Freelancers. PANGAEA X PORTAL L.L.C. facilitates the transfer of payment from the Customer to the Freelancer, wherein the Total Amount is paid into an escrow account managed by the third party payment facilitator until the PANGAEA X PORTAL L.L.C. receives confirmation from the Customer that the Freelancer has fulfilled the purposes of the Booking, after which, the amount will then be transferred by PANGAEA X PORTAL L.L.C. to the Freelancer following the deduction of the commission rate of seventeen point five percent (17.5%) from the Total Amount. After Our respective deductions, the remaining payment amount is transferred to the Freelancer. PANGAEA X PORTAL L.L.C. shall not be held responsible for performing the obligations of the Freelancers, with the exception of communicating your Booking(s) with the respective Freelancers and then providing notice to them in relation to when the payment amount is received.
6.19 You acknowledge and agree that PANGAEA X PORTAL L.L.C. is an online platform that facilitates the communication between Customers and Freelancers and does not, in any way, assist neither the Customer nor the Freelancer in any form.
6.20 The User agrees and warrants, while making any Booking(s) and for the duration of the Booking(s), to be responsible for obtaining and complying with any requisite licensing, authorisation, and/or permission as may be required by the Applicable Laws. PANGAEA X PORTAL L.L.C. disclaims any responsibility and liability for the User’s failure to act in accordance with this Clause 6.19.
6.21 PANGAEA X PORTAL L.L.C. does not own, sell, and/or resell on its own, nor do we control the Freelancers’ Services, or any related services provided thereof. You agree and accept that any Booking(s) you make shall be subject to these Terms, any relevant affiliate Policies and any other terms and conditions presented to you for review and execution by PANGAEA X PORTAL L.L.C. and/or the Freelancer pursuant to any transaction made.
6.22 We may, from time to time, elect to run or otherwise make available promotional offers, deals and/or discounts for the Services (with the prior written consent of the Freelancers) and the use of our Website. Unless, otherwise indicated on the Website, we may establish and modify, at our sole discretion, the terms of such offer and subsequently suspend or end such offer at any point, without prior notice. We reserve the right, at our sole discretion, to reject or refuse to honour any special deal, promotional offer or discount you submit on the Website.
7. FREELANCER BOOKINGS
7.1 Booking of any Freelancer is subject to the following:
7.1.1 availability of the Freelancer;
7.1.2 full advance payment of the Total Amount, note that the payment amount will only be transferred to the Freelancer once the Customer has confirmed the completion of the Services;
7.2 Prior to Booking the Freelancer, Users are encouraged to review the Description of the relevant Freelancer, and Freelancers are encouraged to review in full the details of the project requested by the Customer. PANGAEA X PORTAL L.L.C. is not responsible for your failure to evaluate and identify the respective details posted on each individual Freelancer’s page and/or for the project. Therefore, PANGAEA X PORTAL L.L.C. disclaims any responsibility and any liability resulting from the inconsistencies provided in the Description, the project details, the Freelancers’ actions or omissions, nature or quality of the Services and any loss or injury you may sustain as a result of or related to the Services.
7.3 7.3 When a Booking is placed and confirmed, this shall form an understanding between you and the Freelancer. PANGAEA X PORTAL L.L.C. shall not be held responsible for your failure to evaluate and identify any options on the Services provided.
7.4 7.4 When you Book a Freelancer, you are permitted to use the Services only as described in the Booking and confirmed by the applicable Freelancer, subject to these Terms. A Booking does not provide you the right to use the Freelancer’s Services beyond the specified time and Description. In the event, the Customer decides to procure more Services than requested for, then the Customer may amend the Booking to include the additional Services in line with the respective Freelancer’s Policies, and subject to the Freelancer’s approval.
7.5 In the event the Customer would like to continue availing the Services of a particular Freelancer, after the relevant Freelancer had completed a Booking, then the Customer would need to initiate a new Booking for any additional Services.
7.6 In the event that PANGAEA X PORTAL L.L.C. suspects or has reason to believe that the User is conducting illegal activities, activities which violate applicable government rules, regulations, policies, decrees and orders, or activities against public welfare, order, and morals (“Unauthorised Activities”), PANGAEA X PORTAL L.L.C. retains the right to cancel the Booking at any time without prior notice to the User. In any event, if PANGAEA X PORTAL L.L.C. suspects or has reason to believe that the User is, or will be, conducting Unauthorised Activities and/or has committed an Infraction, no refunds shall be issued even if a cancellation has been made prior to commencement, or prior to the completion of the Booking. PANGAEA X PORTAL L.L.C. may, at its sole discretion, choose to reprimand certain cases with just a warning and issue a penalty for fifty percent (50%) of the Total Amount, as opposed to a one hundred percent (100%) forfeiture. This will only be applicable in cases where it was the User’s first Infraction. Carrying out any Unauthorised Activities during any Booking made by the User using the Website and/or Account shall constitute a violation of these Terms. Therefore, PANGAEA X PORTAL L.L.C. may temporarily suspend the User’s Account or indefinitely terminate the Account at our sole discretion. In addition to this, you may be fined, charged additional fees, and/or be reported to the relevant authorities for your actions.
7.7 Any changes or amendments to your Booking(s) after receiving confirmation, including, but not limited to changing Freelancers, is subject to approval and acceptance from the Freelancer, as well as an Amended Booking Fee at the Freelancer’s discretion.
8. CONTRACTUAL RELATIONSHIP BETWEEN CUSTOMER AND FREELANCER
8.1 The Customer and Freelancer may enter into a contractual relationship, at their sole discretion. However, in any such event, you hereby agree and acknowledge that PANGAEA X PORTAL L.L.C. holds no liability whatsoever with regards to this contractual relationship and agreement remains solely between the Customer and Freelancer.
8.2 Customers and Freelancers are free to enter into any contractual relationship they deem necessary provided that these contractual relationships do not conflict with, narrow or expand PANGAEA X PORTAL L.L.C.’s rights, liabilities and obligations beyond those set out in these Terms. It is the User’s responsibility to inform us of any such contractual arrangement, especially if such an arrangement alters the payment process as set out in these Terms.
8.3 The Users agree and acknowledge that PANGAEA X PORTAL L.L.C. holds no responsibility to settle any disputes between the Customer and the Freelancer, however we may choose to listen to complaints and issues regarding the release of the payment amount back to the Customer and/or forward the same to the Freelancer (as may be required), which we may do at our own discretion or under the advice of the relevant legal authorities.
9. CANCELLATIONS AND REFUNDS
9.1 In the event of a last-minute cancellation by the Freelancer, PANGAEA X PORTAL L.L.C. will use its best endeavours to provide the User with alternate options, replacements or substitutes, however, we cannot guarantee that the substitutes provided will fulfil the Users’ requirements. PANGAEA X PORTAL L.L.C. reserves the right to provide any substitutes it deems fit for the Users’ purpose. The Freelancer would be permitted to cancel an accepted Booking within twenty-four (24) hours of having accepted a Short-Term Booking, and within seventy-two (72) hours of having accepted a Long-Term Booking.
9.2 In the event any Customer wishes to cancel their Booking(s) with any Freelancer, they shall carry out such cancellation through PANGAEA X PORTAL L.L.C. and will be charged seventeen-point five percent (17.5%) of the entire Booking value as a processing fee of the cancellation (“Processing Fee”). Additionally, depending on when the cancellation was made from the time of Booking, a cancellation penalty may apply to the Customer as follows:
9.2.1 For Long Term Bookings:
9.2.1.1 cancellation of a Booking within twelve (12) hours of making the Booking: zero percent (0%) of entire Booking value to be charged;
9.2.1.2 cancellation of Booking between thirteen (13) hours to forty-eight (48) hours of making the Booking: thirty-two-point five percent (32.5%) of Booking value to be charged;
9.2.1.3 cancellation of a Booking any time after forty-eight (48) hours after making the Booking: eighty-two-point five percent (82.5%) of Booking value to be charged.
9.2.2 For Short Term Bookings:
9.2.2.1 cancellation of a Booking within twelve (12) hours of making the Booking: zero percent (0%) of Booking value to be charged;
9.2.2.2 cancellation of Booking between thirteen (13) hours to forty-eight (48) hours of making the Booking: eighty-two-point five percent (82.5%) of Booking value to be charged.
9.3 In the event that the Customer has made a Booking for a project wherein the project duration is up to one (1) month or more than one (1) month respectively, and the Customer has not confirmed the Booking within seven (7) days or fourteen (14) days respectively from the time of the scheduled Booking completion date and/or receipt of the work product then they will forfeit one hundred percent (100%) of the payment amount.
9.4 In any event, refunds can be availed subject to PANGAEA X PORTAL L.L.C.’s and the respective Freelancers’ refund policy. No refund, or any other resolution shall be provided without the Freelancers’ express permission and all refunds will be subject to the respective deductions of the Processing Fee.
10. USER RATING, USER DEACTIVATION AND DELETION OF THEIR DATA, REVIEWS, AND FEEDBACK
10.1 Customers are allowed to rate, review and provide feedback for the services rendered by PANGAEA X PORTAL L.L.C. and the Freelancers.
10.2 User reviews, ratings, or feedback do not reflect the opinion of PANGAEA X PORTAL L.L.C.. PANGAEA X PORTAL L.L.C. receives multiple reviews by Users, which reflect the opinions of each individual User. It is pertinent to state that each and every review posted on our Website is the personal opinion of that User only. User ratings may be based on key performance indicators of the Freelancer(s) in completing a Booking.
10.3 The Users agree that they shall use reasonable and good faith efforts to ensure that neither engages in any vilification of each other and the Freelancer to third parties, and shall refrain from making any false, negative, critical or disparaging statements, implied or expressed, concerning PANGAEA X PORTAL L.L.C. and the Freelancers (which shall include its owner, management team, staff and clients), including, but not limited to, management style, methods of doing business, the quality of work, or treatment of employees to any external persons or entities. Each Party further agrees to take no action that would damage the other Party’s business, personal reputation or goodwill. This, however, shall not apply towards any truthful statement made as may be required with respect to any Applicable Laws or by a court or authority of competent jurisdiction.
10.4 The Users agree and accept that by providing your Content to or through the Services, be it via email, posting via the Website, or otherwise including any of your Content that is transmitted to your Account by virtue of your rating, reviews, feedback, questions, photographs or videos, comments, suggestions, ideas etc. you grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:
10.4.1 host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised;
10.4.2 make your Content available to the rest of the world and to let others do the same;
10.4.3 to provide, promote, and improve the Services and to make your Content shared on the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content of yours on other media and services, subject to our Privacy Policy and these Terms; and
10.4.4 use the name and/or trademark that you submit in connection with such Content of yours. You acknowledge that we may choose to provide attribution of your Content at our sole discretion. You further grant us the right to legally pursue any person or entity that violates your or PANGAEA X PORTAL L.L.C.’s rights in Your Content. You acknowledge and agree that Your Content is non-confidential and non-proprietary. You affirm, represent, and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents, and permissions to publish and otherwise use Your Content as authorized in these Terms.
10.5 User deactivation and deletion of any or all data
Users can request deactivation of their accounts including LinkedIn, Google and Facebook plugin users by sending an email to admin@pangaeax.com. The deactivation process will take 24 hours to complete. Pangaea X will delete all the data of the deactivated users.
11. COMMUNICATION GUIDELINES
11.1 Pursuant to Clause 10 above, our Website enables Users to rate, review, and communicate with each other and the Freelancers, however, we reserve the right to access and review User communication from time to time to ensure appropriate online conduct and behaviour.
11.2 The Website is only to be used for its intended purpose, which is for Customers to make Bookings with Freelancers to avail of their Services. You may not use the Content provided through the Website and in any manner or for any purpose other than that which is expected.
11.3 Discussions between Users, and Users and Freelancers, should be conducted in a professional and respectful manner. Abusive or offensive language, discussions which may be deemed as political, discriminative, threatening, sexual or of religious nature, as well as any other inappropriate behaviour which violates our Terms, directed at any person and, under any circumstances, will not be tolerated on our Website and may result in an Account review and action, including temporary or indefinite suspension or termination.
11.4 Users agree to not share the personal details of a Customer or Freelancer, obtained during the Booking process for the purposes of communication between the Customer and Freelancer, with any third party without the prior written consent of either party. Personal details can include but is not limited to email, telephone number, and social media handles.
11.5 You may not post Content that includes inflammatory speech, endorses or promotes illegal, immoral, or harmful activities, including obscene content, incitement of lawless action, or activities that may lead to other Users’ harm in any manner.
11.6 You may not post information or comments on the Website and/or on any third-party social media platforms that are obscene, defamatory, threatening, malicious, slanderous, or disparaging in nature or any other material that is prohibited by the Applicable Laws, about PANGAEA X PORTAL L.L.C. and its Services.
11.7 Users acknowledge and accept that an actual or threatened breach of any term(s) of this Clause may be penalized by implementing any one or more of the following:
11.7.1 Removal/deactivation of their Account from our Website; and/or
11.7.2 Disqualifying their use of our Website indefinitely unless a written approval has been obtained by us allowing them to recreate their account.
11.8 We shall not be held liable for any loss or damage experienced by any person as a result of implementing the penalties above.
11.9 We will not be liable for any direct, indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), claims of death or personal injury, costs, expenses or other claims for consequential compensation whatsoever (and howsoever) caused, including slander or personal offence which arise out of use or in connection with the Website ’s communication, chat functionality, and third-party social media platforms.
12. WARRANTIES AND DISCLAIMERS
12.1 You agree and acknowledge that the Services are provided on an “as is” basis. Except as otherwise specifically set forth herein, PANGAEA X PORTAL L.L.C. does not make, and hereby disclaims any/all warranties express or implied, including, but not limited to, implied warranties of merchantability, quality, fitness for a particular use or purpose, technical performance, quiet enjoyment or non-infringement, and any warranties arising out of the dealing or usage of trade and Services.
12.2 We make no warranty that the Website or the Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty as to the accuracy, timeliness, completeness or reliability of any Content obtained through the Website. No information provided through the Website or by us in oral or written form will create any warranty not expressly made herein your reliance upon the Content obtained or used by you through the Website is solely at your own risk.
12.3 PANGAEA X PORTAL L.L.C. do not endorse any Content posted, submitted or otherwise provided by any User, or any opinion, recommendation, or advice expressed therein. We expressly disclaim any and all liability in connection with such Content. You agree that we are not responsible for the accuracy, consistency or completeness of information uploaded and displayed on our Website by Freelancers.
12.4 PANGAEA X PORTAL L.L.C. takes no responsibility and assumes no liability for any Content posted, stored, transmitted or uploaded to the Services by you (in the case of Your Content), any Freelancers Content or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
12.5 As a provider of interactive services, PANGAEA X PORTAL L.L.C. is not liable for any statements, representations or any other Content provided by its Users (including Your Content) on the Website. Although, we have no obligation to screen, edit or monitor any of the Content posted to or distributed through any interactive area, we reserve the right, and have complete discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Website at any time and for any reason. You are solely responsible for creating backup copies of and replacing only Your Content.
12.6 The User acknowledges that PANGAEA X PORTAL L.L.C. may store, record or document any information exchanged between Users and PANGAEA X PORTAL L.L.C., and that PANGAEA X PORTAL L.L.C. uses the most up-to date applications and security systems to ensure that all data entered online, through the Website, is encrypted.
12.7 Users must ensure the accuracy and authenticity of any and all the information they supply to us through the Website including, but not limited to personal data as well as information supplied by the User on behalf of any third-party the User wishes to refer to PANGAEA X PORTAL L.L.C..
12.8 Users accept responsibility for the quality of any information supplied in any form, whether text, audio, video, data formats, or as images. We shall not be held responsible for any misinterpretation of information due to unclear images, data formats, videos or audio or ambiguously worded text.
12.9 The User acknowledges that PANGAEA X PORTAL L.L.C. will process personal data including but not limited to names and e-mail addresses in order to provide the Services, make improvements to the Website and prevent unauthorised use of Website.
12.10 The User agrees that PANGAEA X PORTAL L.L.C. is not responsible now or at any time in the future for any unauthorised access including, but not limited to any virus or other harmful code that may infect the User’s computer, tablet, smartphone or any other such device as a result of using the Website.
12.11 The User shall be responsible for obtaining, maintaining, and setting up any equipment and/or hardware required to access and use the Website, and the User shall take responsibility for the protection of this equipment and/or hardware by using ‘up to date’ virus protection, personal firewalls, and any other suitable measures the User deems necessary to ensure the security of the Website is not compromised.
12.12 The User understands that PANGAEA X PORTAL L.L.C. cannot be held liable in the event the Website transmits information that has been accessed, altered and/or corrupted.
12.13 The User accepts that PANGAEA X PORTAL L.L.C. may be required to suspend access to the Website for periodic maintenance or unforeseen downtime and may do so at its own discretion without serving notice.
12.14 All interactions between Users, Freelancers and PANGAEA X PORTAL L.L.C. must be carried out in a responsible, ethical, professional and legal manner.
12.15 We may do any or all of the following without notice:
12.15.1 review and approve and/or reject submissions to public areas within the Website;
12.15.2 investigate your use of the Website as we deem appropriate to comply with any Applicable Laws, regulation, government request or legal process;
12.15.3 terminate your access to the Website, and suspend your account temporarily or indefinitely, upon our determination that you have violated these Terms; and
12.15.4 edit the Website and any Content without notice.
12.16 While using the Website, you make the following representations and warranties to PANGAEA X PORTAL L.L.C.:
12.16.1 you are eighteen (18) years of age or older and are legally allowed to use the Website (if and as required);
12.16.2 you acknowledge and understand that you are solely responsible for any information you may choose to disclose to PANGAEA X PORTAL L.L.C.; and
12.16.3 you will not commercialize the Services.
12.17 The Services advertised on the Website shall be made available to Users with a minimum age of eighteen (18). We are committed to protecting the privacy of children. Hence, we do not encourage persons under the age of 18 (“Minor”) to use the Website. If a Minor would like to avail of the Services offered by PANGAEA X PORTAL L.L.C., he/she should take the assistance of a parent/guardian/adult authorised with that Minor’s supervision. We do not personally collect identifiable information from any person we know is a Minor.
12.18 In the event a Minor has (i) created an Account; (ii) used an Account belonging to the parent/guardian/adult; and/or (iii) made Bookings through the Services, the Account holder and/or User warrants and represents that such actions are performed under the guidance of an adult after obtaining the relevant consent from the parent/guardian/adult. The User accepts that the Minor is bound by the same Terms and agrees that PANGAEA X PORTAL L.L.C. is not liable or responsible for the Users failure to act in accordance with this Clause 12.18.
12.19 When a User visits the Website or sends us e-mails, they are communicating with us electronically, and they hereby consent to receiving communications from us electronically. We will communicate with Users primarily by e-mail; however, we may use other methods of communication such as, telephone, or messages on the Website if we deem necessary. Users agree that all agreements, notices, disclosures and other communications that we provide to Users electronically satisfy any legal requirement that such communications be in writing. Users agree to provide us with their current and active e-mail address.
12.20 Users are responsible for taking all reasonable steps to ensure that no unauthorized person receives access to your passwords or accounts. You grant us and all other persons or entities involved in the operation of the Website and PANGAEA X PORTAL L.L.C. the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use, or misuse of information transmitted or received using Website tools and services.
12.21 We hereby exclude any and all other representations and warranties relating to the subject matter of these Terms, the Website and use of the Website in any manner other that expressly stated herein.
13. PRIVACY POLICY
In order to provide the Services, we need information about you, and we only use your information where we have a legal basis to do so. Please refer to our Privacy Policy to help you understand what information we collect, how we use it and what choices you have when you use our Services.
14. LIMITATION OF LIABILITY
14.1 You understand and agree that in no event shall the owners, directors, employees, agents, or licensors of PANGAEA X PORTAL L.L.C. be held liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the Content or any Booking, including, without limitation, any damages resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, or from: (1) the use or inability to use the Services (2) unauthorized access to or alteration of Your Content; (3) statements or conduct of any Users (4) services provided by the Freelancers; (5) inaccurate information provided on the Services; (6) any communications, interactions or meetings with other Users; (7) any other matter related to the Services and its Content, whether based on warranty, intellectual property, contract, tort (including negligence), product liability or otherwise.
14.2 We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer and mobile equipment, programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it.
14.3 We will not be held liable for any Content uploaded onto or downloaded from the Website. Any Content uploaded to or downloaded from the Website shall be the sole responsibility of the Users. PANGAEA X PORTAL L.L.C. shall not be held liable for any Content which has been lost, stolen, destroyed, or otherwise whether uploaded to or downloaded from the Website with or without the consent of the Users.
14.4 We shall not be held responsible for the quality, accuracy or legitimacy of any information provided to PANGAEA X PORTAL L.L.C. by the Users; Freelancers to the Customers; or Customers to Freelancers; or to Users through the Website. You hereby acknowledge and agree that your acceptance of information provided to PANGAEA X PORTAL L.L.C. is of your own choice and we shall not be held liable for any loss or damage resulting from your reliance on any information, conversations or Content thereof made available to you.
14.5 Users agree that they will not bring any claim against PANGAEA X PORTAL L.L.C. or any of our partners, officers, employees and/or representatives in respect of any losses they suffer in connection with the Website, their Bookings with the Freelancers or these Terms.
15. INDEMNITY
Users agree to indemnify, defend, protect, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any/all claims, actions, demands, liabilities, settlements, lawsuits, and costs of every kind pertaining to any violation of the law or these Terms. Such costs include, but are not limited to, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to or use of the Website and the Content, or your violation of these Terms.
16. VIOLATIONS
16.1 If PANGAEA X PORTAL L.L.C. becomes aware of any possible violations by you of these Terms, then we reserve the right to investigate such violations. If, as a result of the investigation, we suspect or have reason to believe that criminal activity and/or an Infraction has occurred, then we shall refer the matter to any and all applicable legal authorities.
16.2 PANGAEA X PORTAL L.L.C. is entitled, except to the extent prohibited by the Applicable Laws, to disclose any information or materials on the Services, including Your Content, to:
16.2.1 comply with the Applicable Laws, legal process or governmental request;
16.2.2 enforce the Terms;
16.2.3 respond to any claims that Your Content violates any third parties’ rights;
16.2.4 respond to your requests for customer service, provided such information does not contain any Confidential Information not required to addressed by the customer service; or
16.2.5 protect the rights, property or personal safety of PANGAEA X PORTAL L.L.C., its Users and all enforcement or other government officials, as PANGAEA X PORTAL L.L.C. in its sole discretion believes to be necessary or appropriate.
16.3 In the event the User has violated these terms, PANGAEA X PORTAL L.L.C. can temporarily suspend the Users’ Account or indefinitely terminate the Account at our sole discretion.
17. SEVERABILITY
If UAE court or competent legal authority decides that any of the provisions or paragraphs of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by the Applicable Laws.
18. WAIVER
18.1 If we fail to insist upon strict performance of any of the Users obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve Users from compliance with such obligations.
18.2 Waiver by us of any particular default(s) will not constitute a waiver of any subsequent default(s).
19. THIRD-PARTY RIGHTS
These Terms form a contract between the Users and us. No other third-party shall have any right to enforce any of its Terms, unless expressly stated in these Terms, or written authorisation from PANGAEA X PORTAL L.L.C..
20. FORCE MAJEURE
20.1 We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control including (without limitation) Acts of God, internet failure, malfunction of data/database/software, overbooking, or otherwise, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute, lockdowns, epidemics, pandemics, cancellations due to outbreaks of viruses, or acts of local or central government or other competent authorities (“Force Majeure”).
20.2 PANGAEA X PORTAL L.L.C. reserves the right to postpone, cancel or provide a refund as it may deem fit in the event of a Force Majeure. Any refunds are subject to the sole discretion of PANGAEA X PORTAL L.L.C..
21. GOVERNING LAW AND JURISDICTION
21.1 These Terms shall be governed by, and construed in accordance with, the laws of the Dubai International Financial Centre (“DIFC”).
21.2 The Parties irrevocably agree that the DIFC Courts shall have exclusive jurisdiction to settle any/all dispute or claim that arises out of, or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims) between the Users and us. We are not responsible for dispute settlement between the Customers and Freelancers or between the Users and any other third party, including our payment facilitators.
22 CONTACT INFORMATION
For further inquiries or comments about PANGAEA X PORTAL L.L.C.’s Website or these Terms and Conditions, please contact us through email on: talk2me@Pangaeax.com. or call our landline at (+971)4-8879187. Our registered place of business is located at Office no: 336 V, One Space Business Center L.L.C., Office building no 3, Green Community, Dubai lnvestment Park, Dubai, U.A.E.
