Definitions, Acceptance, and Modifications
Qiggz is an online marketplace platform for local professional services that connects Job Posters and Vendors (collectively, “Users”). Job Posters list Gigs, or requests for professional services, on the Qiggz Platform. Vendors are independent professional service providers who bid on these Gigs and, if selected and contracted by the Job Poster, provide the contracted professional services to the Job Poster. The Qiggz Platform includes the Qiggz website, mobile applications, and other related software and services, together with the various content, features, and services they offer.
These Terms of Use govern your access to and use of the Qiggz Platform. If you do not agree to these terms, you may not access or use the Qiggz Platform. By using the Qiggz Platform you agree to be bound by these terms. If you use the Qiggz Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” will refer to that entity, its directors, officers, employees, and agents.
In its sole discretion, Qiggz may modify these Terms of Use at any time and without prior notice. Qiggz will notify Users of changes by either updating the Terms of Use posted on the website, by sending emails, by sending in-app or in-website messages, or by a combination of these methods. If you do not agree to the changes, you must discontinue access to or use of the Qiggz Platform immediately. Your continued use of the Qiggz Platform after the modifications have become effective will constitute your consent to the changes. At Qiggz’s sole discretion, we may at times also prompt Users to expressly accept updated Terms of Use. Modifications will become effective upon the earlier of 1) when a User has expressly accepted the updated Terms of Use, or 2) 30 days after notification of an update has been provided to the User through any means.
Accessing and Using the Qiggz Platform
Users must be at least 18 years of age and must be able to form legally binding contracts under applicable laws. By accessing or using the Qiggz Platform, you represent and warrant that you meet these requirements.
You agree to provide accurate, current, and complete information during the registration process and at all other times when you use the Qiggz Platform, and to update information to keep it accurate, current, and complete. You are liable for the losses of Qiggz or others due to any unauthorized use of your account related to your failure to comply with these Terms of Use. You are solely responsible for all activity that occurs on your Account, and you will notify Qiggz immediately of any unauthorized use. Your account is non-transferable except with Qiggz’s written permission and in accordance with our policies and procedures. You are solely responsible for safeguarding the password(s) used to access your account. Qiggz is not liable for any losses by any party caused by an unauthorized use of your Account.
You agree to comply with all applicable laws in your use of the Platform and any personal information obtained from the Platform.
By accessing or using the Qiggz Platform, you acknowledge and agree that Qiggz may limit, block, suspend, deactivate, or cancel your account or your access to the Qiggz Platform at any time and for any reason. You agree that Qiggz shall not be responsible or liable for any loss or damage of any sort incurred as the result of such an action, other than a prorated refund of any prepaid but unused subscription fees, and waive the right to bring or assert any claim against Qiggz related to such an action. Upon such termination, you must immediately cease accessing or using the Qiggz Platform. All rules of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Qiggz Platform, including but not limited to rules regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
Third parties may link to or otherwise direct Users to the Qiggz app or website, and Qiggz and our Users may link to or otherwise direct users to third parties and their websites. Qiggz does not have any control over such third parties, their content, their policies, or their security practices. By accessing or using the Qiggz Platform, you acknowledge and agree that any usage of third party websites and reliance on any information or services provided by third parties is at your own risk. You further agree that Qiggz will not be responsible or liable for any such usage or reliance and waive the right to bring or assert any claim against Qiggz related to such usage or reliance.
In addition, you acknowledge that the Qiggz Platform may be subject to outages, delays, software bugs, or other problems. By accessing or using the Qiggz Platform, you agree that Qiggz will not be responsible or liable for any harm or damages caused by such issues, and waive the right to bring or assert any claim against Qiggz related to them.
Registering as a Vendor; Posting and Bidding on Gigs
By registering on the Qiggz Platform as a Vendor, you agree and authorize Qiggz to use your personal information, such as your full name and date of birth, to obtain third party reports on you that may include a history of criminal convictions or sex offender registration, and you agree to notify Qiggz of any material criminal convictions that occur after any such reports are run.
By posting a Gig on the Qiggz Platform, you represent and warrant that your Gig complies with all applicable laws and regulations.
By using the Qiggz Platform to bid on a Gig, you represent and warrant that they and all parties they will work with to fulfill that Gig, including but not limited to employees, agents, contractors, subcontractors, and suppliers, are appropriately and fully qualified and experienced, and furthermore are licensed, certified, bonded, and/or insured as required by all applicable laws or regulations in relation to the professional service(s) they are offering perform.
Direct Dealing Between Job Posters and Vendors; No Representations or Warranties
By using the Qiggz Platform, whether as a Job Poster or as a Vendor, you acknowledge and agree that you are only a customer of Qiggz and that you are not affiliated with Qiggz in any other capacity, including but not limited to as an employee, contractor, consultant, partner, or agent. You further acknowledge and agree that you are fully independent from Qiggz and that Qiggz exercises no control over any part of your decisions to post or bid on Gigs or on any part of your actions related thereto, including but not limited to the place, time, or conditions of the professional services received or provided; the counterparty or counterparties you choose to work with; the conditions and manner of payment; the quality of work received or provided; or any other terms.
By using the Qiggz Platform, you acknowledge and agree that Qiggz does not sell or otherwise provide any professional services. You understand and agree that any dealings between Job Posters and Vendors are between those parties directly and exclusively and do not involve Qiggz in any capacity. You further understand and agree that Qiggz makes no representations and provides no warranties with respect to any Gigs, Job Posters, or Vendors.
These Terms of Use require Users to provide accurate information, but Qiggz does not make any representations about, confirm, or endorse any User or their purported identity or background. Any references to a User being a “top Vendor”, “top Poster”, “checked”, or similar language indicates only that the Vendor has completed a relevant account process or met certain review standards, and do not represent an endorsement, certification, or guarantee by Qiggz. Such descriptions do not verify a User’s identity, whether they or their professional services are licensed, insured, trustworthy, safe or suitable, or whether they or their Gigs are trustworthy, safe, or suitable.
By using the Qiggz Platform, you undertake to conduct whatever diligence on Gigs, Job Posters, and Vendors and to make any contract adjustments you consider appropriate or necessary before finalizing any agreement with a Job Poster or Vendor and before providing or receiving any professional services. You agree that Qiggz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including but not limited to poor performance, nonperformance, insufficient payment, lack of payment, or fraud, and waive the right to bring or assert any claim against Qiggz related to such dealings. You agree that you are solely responsible for all of your communications and interactions with other Users and third-parties and agree to take reasonable precautions in all such communications and interactions. You understand and agree that any legal remedy or liability that you seek to obtain for the actions or omissions of other Users or other third-parties will be limited to a claim against those particular Users or other third-parties, and you agree not to attempt to impose liability on or seek any legal remedy from Qiggz with respect to those actions or omissions.
The Code of Conduct and Violations of the Terms of Use
Your access to and use of the Qiggz Platform is conditioned upon your acceptance of and continued adherence to the Code of Conduct. As part of the Code of Conduct, you agree not to:
Qiggz reserves sole discretion to may take any action permitted by law for any violation of the Code of Conduct or any other Terms of Use, up to and including terminating your account, pursuing monetary penalties or remedies, or cooperating with law enforcement agencies.
Qiggz is not responsible for any actions taken by users that violate the End User License Agreement (EULA), including but not limited to scraping, harvesting, or collecting data from pages or services in a manner that violates applicable laws, regulations, or the terms of this agreement. Users are solely responsible for ensuring their compliance with all relevant agreements and laws. Additionally, users are prohibited from using any data scraped or collected in violation of this agreement to populate their vendor profile or for any other unauthorized purpose." Again, it's always a good idea to have a legal professional review the language to ensure it meets your needs.
Qiggz assumes no liability for any losses incurred by a user as a result of interactions with any parties on the platform. Qiggz shall not be held responsible for any outcomes or determinations arising from exchanges during sessions. Users bear full responsibility for independently assessing the authenticity of any entities they engage with within the platform.
User-Submitted Content and Feedback
As a condition of submitting any content to or through the Qiggz Platform, you agree to grant Qiggz a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise use such content for any purpose in our sole discretion. Qiggz does not claim ownership rights in such content and nothing in these Terms of Use will be deemed to restrict rights that you may have to use and exploit any such content submitted to or through the Platform by you.
Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all content that you submit to or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Qiggz the rights in such content, as contemplated under these Terms; and (b) neither such content, nor your submitting of it to or through the Qiggz Platform, nor Qiggz’s use of such content (or any portion thereof) will infringe, misappropriate or violate a third-party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You understand and agree that Qiggz may edit or remove any such content you have submitted at any time and for any reason, and you understand and agree that it remains your sole responsibility to monitor any such content you have submitted and ensure that any such edited content is accurate and consistent with your representations and warranties in these Terms of Use. You acknowledge and agree that you are solely responsible for all content that you submit to or through the Qiggz Platform.
Moreover, by accessing or using the Qiggz Platform, you acknowledge and agree that interacting with any content submitted to or through the Qiggz Platform by other Users is at your own risk. You agree that Qiggz will not be responsible or liable for the results of any such interactions and waive the right to bring or assert any claim against Qiggz related to such interactions.
By sending us any feedback, comments, questions, suggestions, or ideas on Qiggz or the Qiggz Platform (collectively, “Feedback”), you agree that Qiggz is under no obligation of confidentiality with respect to such Feedback and acknowledge that we may already have similar ideas and concepts already under consideration or in development. You agree to grant Qiggz an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense any Feedback you may submit, and irrevocably waive any claims and assertions of any moral rights contained in such Feedback. By sending us any Feedback, you represent and warrant that you have the right to disclose the Feedback, that the Feedback does not violate the rights of any other person or entity, and that your Feedback does not contain the confidential or proprietary information of any third parties.
This section and any licenses granted to Qiggz under the terms of this section will survive termination of the Qiggz Platform or your account.
Intellectual Property Ownership and Your License to Use It; Copyright Infringement
Qiggz and our licensors exclusively own all right, title, and interest in and to the Qiggz Platform, including all associated intellectual property rights. Aside from user-submitted content, all other content on the Qiggz Platform, including but not limited to all text, graphics, media, data, and software, are the exclusive property of Qiggz and/or its licensors and are protected by all United States and international copyright laws.
Subject to full compliance with these Terms of Use, Qiggz grants authorized users a nonexclusive, non-transferable, non-sublicensable, terminable license to access and use the Qiggz Platform for your personal use. Qiggz may modify, update, suspend or discontinue the Qiggz Platform, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Qiggz shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Qiggz Platform or any of its content for any purpose except for your personal use and as described in these Terms of Use, without our express written consent.
If you believe any materials accessible on the Qiggz Platform infringes your copyright, you may request removal of access to those materials by sending written notification to support@qiggz.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: your physical or electronic signature; identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Qiggz Platform, a representative list of such works; identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; a statement that the information in the written notice is accurate; and a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. You may be held liable for damages, including costs and attorneys fees, if you knowingly materially misrepresent that material or activity on the Qiggz Platform is infringing your copyright.
Limitation of Liability; Indemnification and Release; Statute of Limitations; No Third Party Beneficiaries
In jurisdictions that allow limitations of liability, you agree that the total aggregate liability of Qiggz, its affiliates and subsidiaries, and the officers, directors, employees, and agents thereof relating to any claim by you in connection to any part of the Qiggz Platform will in no event exceed the total amount of fees actually paid to Qiggz by you through the Qiggz Platform, or USD$100 if no such payments have been made.
You agree that neither Qiggz nor any other party involved in designing, developing, or operating the Qiggz Platform will be liable for any incidental, special, exemplary, or consequential damages; for any service interruption or business interruption-related damages; for the cost of any substitute products or services; or for any damages for personal or bodily injury or emotional distress related to these terms.
You agree to release, defend, indemnify, and hold Qiggz, our affiliates and subsidiaries, and the officers, directors, employees,and agents thereof harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, in any way related to your violation of these Terms of Use. In jurisdictions that permit it, you further agree to release, defend, indemnify, and hold Qiggz, our affiliates and subsidiaries, and the officers, directors, employees, and agents thereof harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, related to your activity on and any content you submit to or through the Qiggz Platform, including any communications or interactions you have with other Users or third parties. Moreover, you agree to waive any protections relating to claims that you did not know or suspect to exist in your favor.
In jurisdictions that permit it, you agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Qiggz Platform must begin within 1 year of the cause of action or else be permanently barred.
You agree that, except as otherwise clearly provided in these Terms of Use, there will be no third-party beneficiaries to these Terms of Use.
Miscellaneous Provisions
Together with the Privacy Policy, the End User License Agreement, and any additional signed written legal agreements between you and Qiggz presently in force, the Terms of Use constitute the entire agreement between you and Qiggz concerning the Qiggz Platform.
If any rule of the Terms of Use is found to be unenforceable or invalid, that rule shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.
No waiver of any rule of these Terms of Use will be deemed a further or continuing waiver of such term or any other term, and Qiggz’s failure to assert any right or rule under these Terms of Use will not constitute a waiver of such right or rule.
These Terms of Use are not assignable, transferable or sublicensable by you except with Qiggz’s prior written consent. We may transfer, assign or delegate the Terms of Use and its rights and obligations without consent.
The section headings in these Terms of Use are for convenience only and have no legal or contractual effect.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any choice or conflict of law rule or rule (either of the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Washington.
You agree that any claim or dispute you may have against Qiggz must be resolved by a court located in King County, California, or a United States District Court, Western District of Washington, located in Seattle, Washington, except as otherwise agreed by the parties, and you agree to submit to the personal jurisdiction of these courts for the purpose of litigating all such claims or disputes. You by this waive any and all jurisdictional and venue defenses otherwise available.