Terms and Conditions The following Terms and Conditions, which include the Privacy Policy and any guideline, policy or content displayed on the Website, are a legally binding contractual agreement between you and mycareerpool.com(hereinafter collectively referred to as the “Terms and Conditions”). By visiting or using our site, you indicate that you accept these Terms and Conditions, and the referenced policies and that you agree to abide by them. We reserve the right to revise these Terms and Conditions and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.
  1. Overview
By accessing the Website, you agree to the following terms with mycareerpool.com We may amend these Terms and Conditions and any linked information from time to time by posting amended terms on the Website, without notice to you. The Website is an online marketplace that enables buyers of professional services (“Buyers”) to search for, enter into and manage transactions with providers of professional services (“Freelancers”). The Website enables Buyers and Freelancers to work together online to complete Jobs and to use the services that we provide. We are not a party to any contractual agreements between Buyer and Freelancer in the online marketplace. We merely facilitate connections between the parties. We may, from time to time, and without notice, change or add to the Website or the information, services described in it.
  1. Scope
Before using the Website, you must read the whole Terms and Conditions, the Website policies and all linked information. You must read and accept all of the terms in, and linked to, these Terms and Conditions, the Privacy Policy and all Website policies. By accepting these Terms and Conditions as you access our Website, you agree that these Terms and Conditions will apply whenever you use the Website, or when you use the tools we make available to interact with the Website.
  1. Eligibility
To use the Website, you must be a legal entity or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms and Conditions. By becoming a User, you agree to:
  1. abide by the Terms and Conditions and the processes, procedures, and guidelines described throughout the Website;
  2. provide true, accurate and complete information as prompted by all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy, and completeness;
  3. be financially responsible for your use of the Website and the purchase or delivery of services; and
  4. perform your obligations as specified by any contract agreement that you accept, unless such obligations are prohibited by law or by the Terms and Conditions.
We reserve the right, in our sole discretion, to refuse, suspend, or terminate your Account. We may, at our absolute discretion, refuse to register any person or entity as a User.
  1. Using mycareerpool.com
While using the Website, you will not attempt to or otherwise do any of the following:
  1. infringe any laws, third party rights or our policies;
  2. fail to deliver services purchased from you;
  3. fail to deliver payment for services delivered to you;
  4. take any action that may undermine the feedback or reputation systems;
  5. transfer your mycareerpool.com account and Username to another party without our consent;
  6. distribute or post spam, or bulk electronic communications, chain letters, or pyramid schemes;
  7. distribute viruses or any other technologies that may harm mycareerpool.com Website, or the interests or property of mycareerpool.com users (including their Intellectual Property Rights, privacy and publicity rights);
  8. circumvent or manipulate our fee structure, the billing process, or fees owed to mycareerpool.com;
  9. post false, misleading, deceptive, defamatory or offensive content (including personal information);
  10. copy, modify or distribute rights or content from the Website or mycareerpool.com’s copyrights and trademarks;
  11. rent, license, sublicense, sell, transfer or otherwise distribute or disclose to any third party the content available on this Website;
  12. attempt to modify, adapt, edit, decompile, or reverse engineer any software programs used by us in connection with the Website;
  13. express views unrelated to the work, such as political, religious, or social commentary;
  14. use mycareerpool.com to facilitate money exchange; or
  15. collect information about Users, including email addresses, without their consent.
  16. Intellectual Property
5.1 mycareerpool.com Content Your use of the Website and the services provided therein and thereby is governed by the terms of these Terms and Conditions. The content available on the Website, including, but not limited to, the informational content; charts; graphs; graphics; photographs; images; audio and video clips; software and HTML code are the property of the Company and are subject to protection by Estonia and international intellectual property laws and treaty provisions, including, but not limited to, those relating to patent rights, copyrights, trade secrets, trademarks, service marks, moral rights and any other similar rights. Nothing in these Terms and Conditions grants you a license to develop, create or offer any products or services based on any of the content found on the Website. The Company owns all rights, title and interest in and to the content available on the Website, including all copyrights, patents, trade secrets, database rights and other intellectual property associated therewith or appurtenant thereto. 5.2 User Content
  1. You are solely responsible for information posted on the Website, including but not limited to any photographic, audio, or video content (“Multimedia Content”), any posting or listing made in any public message area, through any email feature or through mycareerpool.com feedback feature (“Post Content”) and any other content of a personal nature including but not limited to your resume, work history and work product produced (“Personal Content”). You retain ownership of all Personal Content and Multimedia Content, subject to the licenses granted herein.
  2. You hereby assign your rights to mycareerpool.com in any Post Content. You grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising mycareerpool.com products and services. And you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right to use the Personal Content for the purpose of providing services.
  3. Your information must not infringe any third party’s rights, including but not limited to intellectual property, publicity or privacy. And it must not be defamatory, threatening or harassing, obscene, indecent or contain pornography.
  4. We do not endorse any information posted by Users. And we are not liable for any such information posted on the Website, including but not limited to any information posted about you. We reserve the right to take any action, in our sole discretion, with respect to information posted on the Website which we believe is inappropriate. However, we cannot control the information provided by Users or other content providers which is made available through our system.
5.3 Removal of Content for which Copyright infringement is claimed mycareerpool.com respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide mycareerpool.com with the following information specified below.
  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that is allegedly infringed.
  • Identification of the copyrighted material claimed to have been infringed.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
  • Information reasonably sufficient to permit mycareerpool.com to contact the party submitting the notification, such as a physical address, email address and telephone number.
  • A statement that the party submitting the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the party submitting the notification is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or circumstances from which infringing activity is apparent.
  1. Fees and Charges
We charge fees for certain services. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update by placing on our Website. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post a temporary promotional event or new service on the Websites, or as notified through promotional correspondence.
  1. Taxes
Users are responsible for paying and reporting any taxes mycareerpool.com is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes. You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.
  1. Feedback and Reviews
You acknowledge that you transfer copyright of any feedback or reviews you leave consisting of comments and any ratings. You acknowledge that such feedback and reviews belong solely to us, notwithstanding that we permit you to use it on the Website while you remain as a User. You must not use, or deal with, such feedback and reviews in any way inconsistent with our policies as posted on the Website. We are entitled to suspend or terminate your Account at any time if we, in our sole discretion, are concerned by any feedback about you, or your feedback ratings, where we believe our feedback system may be subverted. Feedback ratings may not be used for any purpose other than facilitating the provision of freelancer services via the Website.
  1. Advertising
You must not advertise an external website, product or service on the Website without our written permission. Any website address posted on the Website, including in a job posting, proposal, job posting description, or the message board, must relate to a Job. We may display promotions or advertisements on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such promotions advertisements or any subsequent dealings with third parties.
  1. Communication
Communication with other users on the Website must be conducted along with message boards provided on the Website. You must not post your email address or any other contact information (including but not limited to phone number, Skype ID or other information on other platforms) on the Website, except in the “email” field of the signup form, your account page, as otherwise permitted by us on the Website. You must only communicate with Users via the Website unless you have a prior relationship with a User. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, Skype, GTalk, G Chat or MSN Messenger. We may use information such as your name, location, username, and or your image, in relation to the provision messaging services on the Website. We may read all correspondence posted to the Website and access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.
  1. User Services
The engagement, contracting and management of a Job are between a Buyer and a Freelancer. Legal Relationships By using mycareerpool.com Payment Service, you acknowledge and agree that
  1. we are not a bank or a financial institution as defined under the Bank Secrecy Act (BSA) and do not provide banking services or any other financial services to you;
  2. the funds shown in your Account represents our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the purchase and sale of Services through the Website and provision of mycareerpool.com services;
  3. as we are required to release funds from your Account to you, you will become our unsecured creditor until such funds are paid to you;
  4. we are not acting as a trustee or fiduciary of Buyer or Freelancer with respect to such funds or payments;
  5. funds showing in your Account is not insured and is not a guaranteed deposit;
  6. you must only use the mechanisms available on the Website to pay for, or receive funds in respect of Services provided; and
  7. any refunds required to be processed in your favor will be returned only to the payment method of the original deposit, and cannot be redirected to any other payment method;
Limits & Fraud Prevention mycareerpool.com takes its obligations to prevent fraud and money laundering seriously and reserves the right to suspend payments to Freelancers if fraud or money laundering is suspected. If we become aware of a fraudulent transaction, this will be reversed immediately. If those funds have already been released to you, you must pay the funds back into your Account. In case you do not do so, we may suspend, terminate your account, or take action against you to recover those funds. We may, in our sole discretion, place a limit on any or all of the funds in your Account if we believe there may be an unacceptable level of risk associated with you, your Account, or any or all of your transactions. Withdrawals To withdraw funds from your Account, you need to request a withdrawal on an authorized Payment Method. We reserve the right to request additional information, for security reasons, from Buyers and Freelancers including original documents, and to verify documents with issuing institutions. Therefore, we reserve the right to request the following:
  1. a copy of a Government issued ID (Passport, Driver’s License or National ID Card);
  2. a copy of a recent utility bill that shows your name and address (less than 3 months old);
We may request one of the following from credit/debit card users:
  1. a copy of the front and back of the card used. We recommend that you blank out the central 8 digits of the card number digits, and the last three digits from the number on the back;
  2. credit or debit card bank statement of the card used on your Account(less than 3 months old). For security compliance you must blank out the central 8 digits of the card number digits;
For PayPal users, we may request PayPal Account statement showing your PayPal registered name, email address and verification status along with any relevant transactions. For international Bank transfers, credit to the beneficiary may be delayed by factors such as delays by an intermediary bank, local bank holidays or other conditions.
  1. Dispute Resolution Services
mycareerpool.com offers the Dispute Resolution Services to the Users that have started a Contract if they have any disagreements relating to the Contract. Negotiation We encourage Buyers and Freelancers to try and resolve any disagreements between themselves. In any dispute between Users relating to a Contract that is eligible for Dispute Resolution Services, you agree to negotiate such dispute in good faith. If the result of such negotiation is acceptable to both parties in a dispute, you agree to indicate your approval of such negotiation through the Website and you may disburse funds (the Buyer may release funds or the Freelancer may refund funds) in accordance with the results of such negotiation. If you are dissatisfied with the negotiation, you agree to submit your dispute to binding arbitration. Communication You agree and acknowledge that mycareerpool.com will use the e-mail address corresponding with your Account registered at the time a dispute arises to notify and communicate with you with regard to any dispute and you are solely responsible for the receipt of any notification or communication sent by mycareerpool.com using the e-mail address corresponding with your Account. Arbitration In any dispute between Buyer and Freelancer which cannot be resolved through negotiation, you agree to and acknowledge that mycareerpool.com will arbitrate the dispute in accordance with these Terms and Conditions. mycareerpool.com will have full rights and powers to make a determination for all such disputes. Upon receipt of a dispute, mycareerpool.com will have the right to request the Buyer and the Freelancer to provide documentation in support of their claim or position in relation to the dispute. You agree and acknowledge that mycareerpool.com has absolute discretion to accept or reject any document provided, that we are not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person. In addition, we do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and hold harmless mycareerpool.com and any of our affiliates against any damages or liability you may suffer as a result of using the Dispute Resolution Services. You agree that you will make every endeavor at fair play and post reasonable and fair demands/offers on your dispute. A User found to be in breach of the Terms and Conditions during the Dispute Resolution Service process may automatically lose the dispute in favor of the other party involved, regardless of the origin of the dispute.
  1. Survival and Release
These Terms and Conditions and all documents referenced in these Terms and Conditions (including the policies listed and available by hyperlink) comprise the entire agreement between you and mycareerpool.com with respect to the use of this Website and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Website that link to or are linked from the Website. After these Terms and Services terminate, the terms of Terms and Conditions that expressly or by their nature contemplate performance after the Terms and Conditions terminate or expire will survive and continue in full force and effect. For example, the provisions protecting Confidential Information, requiring arbitration, permitting audits, protecting intellectual property, requiring non-circumvention, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after these Terms and Conditions terminate. If there is a dispute between participants on the Website, or between users and any third party, you agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release the Company, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature arising out of or in any way related to such disputes and/or our services.
  1. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Website via any means for any purpose without our express written permission. In addition, you agree that you will not take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure. And you will not interfere with, damage, modify, disrupt, overburden, or impair any device, software system or network connected to in relation to the Website. 14.Closing your Account You may close your Account on the Website at any time. Your Account closure is subject to:
  • not having any outstanding Jobs on the Website;
  • resolving any outstanding matters (such as a suspension on your Account); and
  • paying any outstanding fees or amounts owing on your Account.
mycareerpool.com may retain some of your personal information to satisfy regulatory requirements. 15.Privacy and Confidentiality Your use of the Website and the services provided therein and thereby is governed by the terms of these Terms and Conditions and the mycareerpool.com Privacy Policy. It is your responsibility to review the mycareerpool.com Privacy Policy, which is incorporated by reference. The Privacy Policy is posted on the Website and may be updated from time to time.
  1. Indemnity
You will indemnify mycareerpool.com against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of these Terms and Conditions, or the rights of a third party in the course of using the Website. Additionally, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of these Terms and Conditions.
  1. Warranty Disclaimer
The services provided by mycareerpool.com or our third-party service providers are provided “as is,” with all faults, as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). We make no representations or warranties, of any kind, either express or implied, as to the quality, availability, identity or reliability of any third party, or as to the accuracy of the postings made on the website by any third party. Some jurisdictions do not allow for all the foregoing limitations, so to that extent, if any, some or all of the above limitations may not apply to you.
  1. Limitation of Liability
In no event shall we or our third-party service providers be liable to you or any other User for any indirect, special, consequential, incidental or punitive damages pursuant to this agreement, including but not limited to, loss of profits, loss of business or loss of income, even if advised of the possibility of such damages. Notwithstanding any other provision of this agreement, in no event will our liability to you for any action or claim related to the Website services provided under these Terms and Conditions, whether based on contract, tort, negligence or any other theory of liability, exceed the aggregate amount of monies actually collected by us from you for the services to which the liability relates during the six month period immediately preceding the determination of such liability. Some jurisdictions do not allow for all the foregoing exclusions and limitations, so to that extent, if any, some or all of these limitations and exclusions may not apply to you.
  1. Severability
The provisions of these Terms and Conditions are severable, and if any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced.
  1. No Waiver
mycareerpool.com will not be considered to have modified or waived any of our rights or remedies under these Terms and Conditions unless the modification or waiver is in writing and signed by an authorized representative of mycareerpool.com. No delay or omission by mycareerpool.com in exercising its rights will impair its rights or be construed as a waiver.
  1. General
mycareerpool.com is located at Thrissur, Kerala, INDIA. These Terms and Conditions and all documents referenced in these Terms and Conditions (including the policies listed and available by hyperlink) comprise the entire agreement between you and mycareerpool.com with respect to the use of this Website and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Website that link to or are linked from the Website. Survival The following Sections survive any termination of this Agreement: Intellectual Property, Fees and Charges (with respect to fees owed for our services), Taxes, Feedback and Reviews, User Services, Payment Services, Dispute Resolution Services, Survival and Release, Indemnity, Warranty Disclaimer, Limitation of Liability, Severability and No Waiver. Compliance with Law You are responsible for compliance with applicable Estonia and international laws, regulation, and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.
  1. Additional Terms
You may also want to review the following: Privacy Policy