Terms & Conditions, Refund Policy, Pricing & Promotion Policy.
1. These terms and conditions set out how you freelancer may use Gigspace freelance marketplace platform (“Platform”) to sell your services. They apply to all activities and transactions.
2. We may amend these terms and conditions from time to time. Amendments will be effective upon our posting of such updated terms and conditions on the platform and where reasonably possible notify you of said amendments. Your continued access or use of the Platform to sell your services after such posting constitutes your consent to be bound by the Seller terms and conditions (as amended).
3. The Gigspace contracting party is Gigspace Business incorporated under the laws of Tanzania (”Territory”) whose main office is at Msasani , Kinondoni distract in Dar es salaam region Tanzania herein after referred to as “Gigspace”)
4. To use Gigspace to sell business services , you must register with us and create a valid Seller account. Seller, shall mean either you, as an individual if using Gigspace on your own behalf, or the business employing you as its representative if registering as a business.
5. Subject to these terms and conditions, we hereby grant you a non-exclusive, non-transferrable, non-assignable and non-sub licensable license to use our Platform / Gigspace services to sell your services to businesses and individuals in the Territory.
6. Creating a Seller Account
i. You must create a Seller account with us. If you are an individual, you need to be a resident of the [Territory] and if you are a business, you need to be able to conduct business in accordance with applicable [Territory] laws.
ii. You or your authorised users/representatives must be 21 years and older, to open a Seller Account.
iii. We may assist you with creation of a Seller account after receiving the necessary information from you. You agree to provide all relevant and accurate information to us while your account is active.
iv. When registering your Seller account, you must provide valid and authentic supporting documents as we may specify, including (but not limited to) identity document (“ID”) (of all authorised users) or company registration documents for verification. You must not register under a false name and/or impersonate any other Sellers’ log-in credentials, or password(s).
v. Submission of your information as per the Seller registration form does not automatically give you the right to access and use the Gigspace services.
vi. We have the right not to grant you access to a Seller’s Account or to revoke such right and disable any user identification code, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.
vii. Verification information: In certain instances you may be asked to provide additional information to access or use the Services. The additional information shall only be utilised to verify your details. You agree that you may be denied access to or use of the Services or part thereof if you refuse to provide the requested information. We will notify you if we cannot verify your identity or whether your details are correct.
viii. By signing up to a Seller account, you agree that:
· You are the Seller of each of your products and that you are not acting on behalf of any other person (in any capacity).
· You have the requisite rights and authority to enter into an agreement with us and to perform your obligations as per these terms and conditions.
· You have the proprietary rights, licenses, permissions, authorizations, consents and/or permits to promote and sell your services via Gigspace . You are solely responsible for any services or proposal placed or displayed through Gigspace and breach of any third party contracts.
· By creating a valid Seller account, you agree, at the time of creation, to be bound by and comply with these terms and conditions and all policies, guidelines, and other terms on Gigspace. This shall include any service specific terms for any of our services that you may request from us and which we may agree to provide to you from time to time.
7. Passwords
i. You are responsible for all activity that occurs under your Seller Account, You are solely responsible for maintaining the security of your log in details. We do not store your password on our systems. You may not disclose your password to any third party (other than third parties authorized by you to use your account in accordance with these terms). You are also solely responsible for any use of or action taken using your password. If your password is compromised, you must immediately change it.
ii. We have the right to disable any user identification name or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these terms.
8. Our services
We offer web and mobile apps for you to offer your services to buyers, and complete transactions in the Territory. As the Seller, you acknowledge that Gigspace does not take title or ownership of your services or products you produce. Title to your products shall remain with you until successful and completed delivery to the customer or return to you.
9. Seller’s duties
Applicable laws and regulation:
i. As a seller, you may only use the Platform for lawful purposes and in a lawful manner. You must comply with all applicable laws in the Territory.
ii. Services offered for sale on the Platform must comply with all applicable laws and regulations and with Gigspace policies and guidelines as may be specified and updated from time to time. The sale of illegal, unsafe, or restricted services including copying materials that are not yours is strictly prohibited.
iii. . You must ensure that your services do not cause any damage to property or any third party. Liabilities incurred for not following relevant requirements and/or selling services which are illegal property will be at your sole risk and cost. It is the seller’s responsibility to place the required warning labels or notices on the products where required.
iv. Prior to listing or requesting us to list your services / products on Gigspace, we encourage you to seek independent legal advice if you have questions about the laws and regulations concerning your products.
v. Products that we consider potentially illegal (including, for example, copied information) may require you to provide additional warranties that let you use to us to continue their sale via Gigspace. It is your responsibility to adhere to any laws that may apply to the sale of such products.
vi. We reserve the right to reject services /products that we deem prohibited, illegal, restricted, or unsafe.
vii. It is prohibited to exchange direct contact between buyer and seller, we reserve the right to remove and ban both seller and buyer from using Gigspace if caught exchanging contacts. All communication must be done via the system
Services and product material and information:
i. You will have to comply with our Acceptable Use Policy;
ii. It is your duty not to place any inaccurate or misleading advertising or information about your brand or services
iii. It is your responsibility to ensure that the packages pricing is correct at all times;
iv. It is your duty to ensure that all services and images listed on Platform are original (not pirated) and free from any defects..
v. You will not sell any services that have been sold or used, and the services will always be new and original, unless this is expressly stated.
vi. If we are notified by a Seller or a third party brand owner, or via a court or government order that products (or any part thereof) violate, in accordance with applicable laws, the Intellectual Property Rights (IPRs) such as copyright, patents, database rights and rights in trademarks, designs, know-how, domain name, moral right, trade secret right, or any other IPR or similar forms of protection existing anywhere in the world, we may remove such products from the Platform at our sole discretion. We may also request the removal of such products by you within a reasonable timeframe (notified in writing).
vii. You agree to indemnify us for all loss (including to the extent that any loss is direct or indirect and/or relates to, or includes, any costs of investigation or professional fees or expenses) incurred or suffered if your product or services is found to be not original; or if any other type of fraudulent conduct is identified on your part.
viii. If you are found to be in breach of these terms, you must accept the return of products and you may become liable to Gigspace
Fulfilment:
i. As the Seller, you will:
ii. Provide the products sold on the Platform in accordance with the terms of each order and delivery information as displayed on the Platform.
iii. Provide us with information regarding order status as requested by us, using the processes designated by us, of which we may make any of this information publicly available.
iv. Not contact customers (whether by telephone, messaging, email or other communication method) to confirm orders or fulfilment of your gig or for any other reason, unless expressly agreed by us.
15. Gigspace’s liability
i. Gigspace and any of our services, or any functionality used or relied on, including all content, software, functions, materials, and information made available on or provided in connection with our services are provided “as-is.”
ii. Each Gigspace entity or person is liable for its own obligations under the terms and conditions and is not jointly liable for the obligations of any other Gigspace entity or person under these terms and conditions. As a user of the Platform, you use it and our related services at your own risk.
iii. To the fullest extent permissible by law, Gigspace and its affiliates disclaim:
iv. Any representations or warranties regarding these terms and conditions.
v. Any transactions anticipated by these terms and conditions, including any implied warranties of services, fitness for a particular purpose, or non-infringement.
vi. Any implied warranties arising out of the course of dealing, course of performance, or usage of trade.
vii. Any obligation, liability, right, claim, or remedy in tort, whether or not arising from our negligence.
viii. Gigspace and its licensors do not warrant that the functions contained in the website or the apps or any Gigspace or its affiliates or licensors services will meet the Seller’s requirements or be available, timely, secure, uninterrupted, or error-free. Gigspace , its affiliates and licensors will not be liable for any service interruptions, including but not limited to system failures or other interruptions that may affect the receipt, processing, acceptance, completion, or settlement of any transactions.
ix. Gigspace , its affiliate and licensors shall not be liable for any loss of profits, goodwill, business, clients, contracts, revenue, the use of money, anticipated savings or data or any special, indirect or consequential loss and such liability is excluded whether it is foreseen, foreseeable, known or otherwise. For the purposes of clarity it is recorded that the provisions of this clause 15,ix apply whether such loss is direct, indirect, consequential or otherwise.
x. Any liability to you, or any other person arising out of these terms and conditions or anticipated transactions, whether in contract, warranty, tort (including negligence, product liability, or other) for the cost of cover, recovery or recoupment of any investment or for any loss of profit, revenue, business or data or punitive or special or consequential damages, shall not exceed in aggregate an amount equal to the amounts during the prior three-month period that was paid to you for the service that is giving rise to the claim and liability. This applies even if Gigspace or its affiliates have been advised of the possibility of those costs or damage.
xi. We will not be liable for any delay or failure to perform any of our obligations under these terms and conditions by reasons, events or other matters beyond our reasonable control.
16. Suspension of services
iGigspace may suspend our services or access to a Seller account without liability where we have identified an actual or potential personal, financial or legal risk to the customer (which may include the following circumstances):
If you breach these terms and conditions or any of our policies.
· If you fail to reasonably cooperate with an investigation by Gigspace .
· Where we reasonably believe that our continued provision of any of our services would expose the Seller or Gigspace or their respective affiliates or customers to a material security risk or a regulatory action.
· The Seller’s performance does not meet Gigspace reasonable expectations.
ii. We are under no obligation to provide any information, material or document back to you, either before or after cancelation of a Seller account.
17. Confidentiality and disclosure
i. During the course of your use of Gigspace you may receive information relating to us or to our services and transactions that is not known to the general public (“Confidential Information“). You agree that:
· All Confidential Information will remain Gigspace ‘s exclusive property.
· You will use Confidential Information only as is reasonably necessary for your participation in our services.
· You will not otherwise disclose Confidential Information to any other person or third party.
· You will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these terms and conditions.
ii. Neither you nor your affiliates, directly or indirectly, will:
· Disclose any Gigspace or its affiliate’s transaction information, except as necessary for you to perform your obligations under these terms and conditions, and if you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you.
· Use any Gigspace or Platform transaction information for any marketing or promotional purposes whatsoever, or in any way inconsistent with our privacy policies or applicable law.
· Exchanging or Contacting a buyer(s) that has ordered your product with the intent to do other gigs and make an alternative transaction not through the system.
iii. In addition, you may only use tools and methods that we designate to communicate with users of the Platform regarding transactions that you carry out on it..
iv. Platform transaction information means, collectively, order information and any other data or information acquired by you or your affiliates from the Platform, its affiliates, or otherwise as a result of these terms and conditions, or the transactions contemplated by these terms and conditions.
v. You may not issue any press release or make any public statement related to our services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission. You may not misrepresent or embellish the relationship between us in any way.
vi. Gigspace affiliates reserves the right to report any activity that either it suspects violates any applicable law to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect Gigspace and its customers, or to ensure the integrity and operation of Gigspace’s business and systems, Gigspace may access and disclose any information it considers necessary or appropriate, including but not limited to Seller account details, contact details, IP address and traffic information, usage history, and posted content.
vii. Both Gigspace and the Seller shall each protect customer data as per their respective policies and applicable laws.
18. Data Privacy
i. The Seller acknowledges and agrees that all data (including personal information) provided by Gigspace or obtained via the Platform or received from any buyer that utilises the Platform, or to which the Seller may be exposed, shall constitute Confidential Information and where applicable, Intellectual Property belonging to Gigspace or its licensors.
ii. The Seller hereby warrants, represents and undertakes in favour of Gigspace that:
· The processing of Personal Information will be solely and exclusively in the manner and for the purposes for which the personal information, or access to it is provided by Gigspace or obtained via the Platform;
· The Seller shall not retain any consumer personal information subsequent to execution of a product order, unless otherwise authorised by Gigspace in writing;
· The Seller must notify Gigspace immediately where there are reasonable grounds to believe that the personal information of a consumer has been accessed or acquired by any unauthorised person and that it shall assist Gigspace with any investigation where required;
· It shall adhere to all data protection legislation relevant in the Territory;
· or form the buyer s and will be managed in accordance with the Platform Privacy Policy;
· The Seller shall accordingly inform its staff and ensure that they aware that any personal information as obtained as result of this agreement is confidential
19. Changes, updates and upgrades
i. We reserve the right to change these terms and conditions at any time and at our sole discretion. We may also amend our services and introduce or implement new business rules, and customer care guidelines from time to time.
ii. Any changes will be effective upon the earlier of posting of the revisions on Gispace and/or notification to you, without any further notice to you. You are responsible for reviewing any applicable changes. Your continued use of Gigspace (which may be illustrated through your accessing your Seller account) and our services following our posting of any changes, notification and/or ‘click through’ acceptance will constitute your acceptance of such changes.
iii. Whilst we endeavour to keep our operations safe and secure, we cannot guarantee the continuous operation of or access to Gigspace. The Seller acknowledges that we may, from time to time, upgrade features of the website or apps and or certain aspects of our services. For the Seller to benefit from any such upgrade, we may make changes to the provision of any of our services and the procedures by which the Seller receives any of our services. We may also, from time to time change any of our services to the extent required to comply with any change in applicable laws.
iv. The Seller agrees that no terms of business that you produce or send to Gigspace shall have any legal force or effect. Seller is allowed to stop using Gigspace anytime if doesn’t agree with our terms or changes that are or would be introduced.
20. Term
Unless terminated as per termination clause below, these terms and conditions shall commence on the date on which your Seller account is created (and same has been communicated to you in writing) and shall thereafter remain in force on a perpetual basis.
21. Termination
i. General: Should either Party ("Defaulting Party") commit a breach of the Agreement and fail to remedy such breach within 14 (fourteen) days of having been called upon in writing by the other Party ("Aggrieved Party") to do so then the Aggrieved Party may, in its discretion terminate the Agreement on 14 (fourteen) days’ prior written notice to the Defaulting Party, in which event such termination shall be without prejudice to any claims which the Aggrieved Party may have for damages against the Defaulting Party occasioned by the termination of the Agreement in terms of this clause.
ii. Other grounds for termination by us. Should the Seller:
· effect or attempt to effect a compromise or scheme of arrangement with its creditors; or
· . be provisionally or finally liquidated or be placed in judicial management, or sequestrated whether provisionally or final; or
· cease or threaten to cease to carry on its normal line of business or default or threaten to default in the payment of its liabilities generally, or commit any act or omission which would be an act of insolvency;
· fail to adhere to any legal requirement or breaches any term or condition of any licence, authorisation or consent required for the provision of the service / products and which failure or breach we, in our sole discretion, considers to be detrimental to our business;
· where we have received various complaints about the Seller from buyers and despite notification of such complaints the Seller has neglected to rectify same within the prescribed period to our satisfaction (our sole discretion) then we may, in our discretion, immediately terminate the Agreement on written notice to the Seller, in which event such termination shall be without prejudice to any claims which we may have for damages against the Seller occasioned by the termination of these terms and conditions.
iii. Termination for convenience: We may terminate these terms and conditions (in full or in part) at any time at our sole discretion although we shall try to give 21 days’ notice to Sellers.
22. Consequences of Termination
i. Upon termination, your Seller account shall cease to be accessible.
ii. No termination of these terms and conditions shall:
· Affect any accrued rights or liabilities of either party.
· Affect the coming into force, or the continuance in force, of any provision of these terms and conditions which is expressly, or by implication, intended to come into force or continue in force on or after termination.
· Require a court or judicial order
iii. To the extent relevant, the Seller shall immediately return to Gigspace all property (including without limitation, confidential information and all material related to any customers) that it has received from Gigspace in connection with the performance of its obligations.
iv. We are under no obligation to provide any information, material or document back to you, either before or after termination of these terms or conditions.
23. Governing law and disputes
i. These terms and conditions shall be governed by and construed in accordance with the laws of the Territory.
ii. Any dispute, claim or controversy arising out of or in connection with these terms and conditions (including a dispute, claim or controversy relating to any non-contractual obligations) shall be referred to the parties’ respective senior officers for resolution. If any dispute remains unresolved 21 days after being referred to the parties’ officers, the parties agree to submit the matter to the mediation settlement procedure under the rules of the Tanzania laws and regulations.
iii. Except in relation to any claim or action for non-payment of the fees, Gigspace and the Seller shall take all reasonable steps to mitigate the loss and damage they incur in relation to any claim or action (whether for negligence, breach of contract, misrepresentation, under any indemnity or otherwise) which they bring against the other.
24. Independent parties
i. The Seller and Gigspace are independent contractors, and nothing in these terms and conditions will create any partnership, joint venture, agency, franchise, sales representation, or employment relationship between them. You will have no authority to make or accept any offers or representations on our behalf. These terms and conditions do not create an exclusive relationship between you and us.
ii. Nothing expressed or mentioned in or implied from these terms and conditions is intended or will be construed to give to any person other than the parties to these terms and conditions any legal or equitable right, remedy, or claim under or in respect to these terms and conditions.
iii. As between you and us, you will be solely responsible for all obligations associated with the use of any third party service or feature that you permit us to use on your behalf, including compliance with any applicable terms of use. You will not make any statement, whether on your site or otherwise, that would contradict anything in this clause.
25. Notices
i. All notices, demands, requests, approvals, consents or other communications to be given or delivered under these terms and conditions (“Notices“) by you to Gigspace must be given in writing via email to info@gigspace.co.tz Notice will be deemed to have been given when acknowledged by email reply within two days after email dispatch.
ii. We may notify you in writing via your email account or by delivering a hard copy of such notice by courier to the address you have provided to us and which in each case will be deemed to have been given upon being sent or dispatched (as appropriate). If there is any conflict or inconsistency between the provisions of the English language version of these terms and conditions and any translated version, the wording of the English language version shall prevail.
10. Improved product price
i. The Seller agrees that if at any time during the Term it sells any services to a comparable customer (via its own website or in the Seller’s store) for less than the services fees then presented on the Platform, it shall reduce the relevant service fees to match the lower price.
ii. Service Fee Review: The parties shall meet as per the agreed frequency to review and, where appropriate, agree changes to the service fees. Agreed changes shall take effect no later than 5 (five) days subsequent to the Service Fees Review and where agreement was reached between the parties. In agreeing Service Fees for the following period, the parties shall have regard to the following factors:
iii. increase in cost of production , such as internet fee, electricity costs, transportation
iv. . the nature of service offered if affected by outside factors that may influence price change.
v. . any cost reductions achieved by the Seller since the last service Fees Review (to the extent that they have not already been taken into account in the service prices); and
vi. Currency fluctuations;
vii. any deficit.
11. Fees and payments
i. The fees for our services are as set out in the Fees and payment terms section.
ii. You will list product prices in US dollars or local currency. We will deduct our fees and make payments to you in the currency the product was purchased, 5 (five) working days following delivery of the Gig to the buyer.
iii. The fees deducted from you include 18% taxes and 12% service fees.
iv. It is the responsibility of the Seller to give us correct and up-to-date payment information. If the payment information provided is out-dated or incorrect, then we are not liable for any delay or loss of payment.
v. Gigspace and the Seller shall endeavour to resolve all and any payment conflicts amicably, and in the absence of an acceptable resolution, we will refer the conflict in accordance with applicable laws.
12. Limited Exclusivity
. Subject to clause 12, from the date you agree to this agreement, you, your respective agents, representatives and employees shall sell your products only on:-
i. Gigspace website;
ii. on your own website(s); or
iii. in your store(s), office.
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