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INTRODUCTION AND ACCEPTANCE OF TERMS
  

TERMS OF USING workandhire

Welcome To Workandhire We hope you find it useful. By accessing our servers, websites, or content therefrom (together, "workandhire"), you agree to these Terms of Use ("TOU"), last updated 5,april, 2024.

Term And Condition. Below are the revised terms for using our site, which we strive to maintain smoothly. This grants us the authority to prohibit individuals from accessing our site and services as necessary. You are not permitted to utilize our intellectual property, although you may contribute your own content to WorkandHire. You bear responsibility for the content you post, while we disclaim liability for content created by other users. If you suspect copyright infringement, please notify us promptly.
In essence, we are granting you a 'limited license' to access the site. Here's what this entails: You are welcome to utilize our website and services (referred to as the services) with this limited license, provided you adhere to these terms of use and all applicable Terms of Service. We will endeavor to ensure the safety and functionality of our services, but we cannot guarantee uninterrupted access. Additionally, we reserve the right to discontinue certain features or services without prior notice. We reserve the right to revoke your access to our services at any time. If you violate our Terms of Use or other aspects of our Terms of Service, we may terminate your license to use workandhire. This termination will be communicated to you officially, and you must cease using our services immediately upon notification. While you can utilize our services, it does not grant you permission to use any of our trademarks or other intellectual property, such as copyrights and patents. We retain all rights to our intellectual property, despite granting you access to our services. Our logos and names are trademarked and registered in specific jurisdictions. Any other product or company names, logos, or similar marks and symbols visible on workandhire may be trademarked by our partners or other users. workandhire allows you to share your content with the world. Users are accountable for their utilization of our site and any content they submit to it. If any claims arise against us due to user-generated content, users agree to reimburse us for associated legal fees and expenses (commonly known as 'indemnification'). When users post or provide content for posting on our site, they assert full responsibility for said content, while absolving us of any liability. Users also commit to sharing only content for which they have the necessary rights, which is legal, and does not infringe upon anyone else's rights, including intellectual property rights. Users acknowledge and accept that they, as content creators, are liable for any harm resulting from their content, not the platform itself. Furthermore, users agree to indemnify and defend us, as well as our partners, employees, and representatives, against any costs, legal actions, or government proceedings stemming from their content. Others may have certain rights regarding the content users post. By posting content on the site, users grant other individuals some rights to that content. Whenever users post content on our site, they grant us and our affiliates an enduring right (referred to as an 'irrevocable and non-exclusive worldwide license') to utilize, modify, and distribute that content worldwide without paying royalties. If a user's name, voice, or image appears in the content they post, we may also utilize these elements on the site or within our regular business operations. For instance, if a user is a freworkandhirer, we might share their profile with potential clients we believe would be a good fit. Users also grant each user and site visitor the right to access and use their content through the site. These individuals also have the right to use, replicate, and distribute the content as long as they do so through the site and adhere to both our Terms of Service and legal regulations. Ads may be displayed near your content and information on our platform without compensation to you. Depending on your profile settings, we may also feature your name or photo when promoting certain aspects of our platform. We welcome your input and ideas for improving WorkAndHire. By sharing your thoughts with us, you acknowledge that your suggestions are voluntary and provided without expectation of compensation, unless we have explicitly solicited your ideas and offered something in return. You agree that we have the right to use, modify, and distribute your ideas freely, without obligation to provide you with any compensation. Furthermore, you acknowledge that submitting an idea does not impact our ability to use similar or related ideas, whether obtained from you or others. It's important to note that third parties also contribute content to WorkAndHire. While we strive to maintain the accuracy and reliability of user-generated content, we cannot guarantee it, unless the contributors are officially affiliated with us. Any views expressed in third-party content are those of the individuals sharing them, not of WorkAndHire. Additionally, our platform may include links or access to third-party websites and applications. These resources are owned and operated by entities other than WorkAndHire, and their inclusion on our platform does not imply endorsement. Users agree to access third-party content at their own discretion and without endorsement from WorkAndHire. If you believe that content on our platform violates your rights, you have the option to request its removal. We are dedicated to upholding AU copyright and related laws, and we expect our site visitors and users to do the same. This means refraining from using our site to store or share anything that violates anyone's intellectual property rights, including those protected under AU copyright law. If you believe that your copyrighted work has been infringed upon on our site, you can utilize the Digital Millennium Copyright Act to request its removal. Here's how to report any such instances. Our services are intended solely for professional purposes and for learning from the content we provide. Our site and services are designed for business use, not for personal or consumer activities. We operate our marketplace to facilitate users in finding each other, establishing working relationships, and facilitating payments for their work. Additionally, some of our services offer informative and interesting content for our site visitors and users, such as our workandhire blog. While we strive to ensure the accuracy and timeliness of this information, errors may occasionally occur. We do not provide any guarantees regarding the information posted on our site, so it should not be relied upon as tax or legal advice. It is advisable to independently verify the information provided. Certain activities on the site are prohibited. We provide detailed explanations regarding these prohibitions, which include: Posting content that is unacceptable, such as illegal or defamatory material, violent, discriminatory, or harassing content, sexually explicit material, or anything related to child exploitation. Infringing on intellectual property rights, including copyrights. Violating our Terms of Service or any similar contract. Misleading or fraudulent behavior, including misrepresenting oneself, one's experience, skills, or professional qualifications. Engaging in dishonest practices, such as using generative AI or other tools to enhance job proposals or work product without proper authorization. Impersonating or falsely attributing statements to any person or entity, including a representative of the platform. Being dishonest about who is performing the work, including allowing someone else to use your account or falsely claiming that one freworkandhirer will complete a job when another will actually do it. Additionally, we are committed to preventing fraud and misrepresentations related to payments, which includes: Freworkandhirers cannot fraudulently charge a client, such as falsifying hours worked or demanding bribes without providing services. Clients cannot engage in payment-related fraud, such as posting jobs with unreasonable payment terms or demanding services without intending to pay for them. In summary, users are prohibited from using our services for anything illegal, fraudulent, or harmful. If unsure about whether an activity is allowed, users should contact us for clarification. Prohibited Actions: Avoid expressing unlawful preferences in job posts or proposals. Discrimination of any form is not tolerated. Refrain from inciting or promoting violence. Do not disclose personal identifying information or sensitive data about others. Resist spamming other users with proposals or invites. Avoid demanding bribes or payments unrelated to work. Do not solicit free work from freworkandhirers. Requesting fees for proposal submissions is not allowed. Services primarily involving purchasing on behalf of others, including cryptocurrency or NFT purchases, are prohibited. Feedback System Abuse: Use the feedback system honestly and fairly. Withholding payment or work for positive feedback is prohibited. Offering or receiving payment or other incentives for feedback is not allowed. Coercion using negative feedback is strictly prohibited. The feedback system should not be used for unrelated views such as political or religious discussions. Avoid offering or accepting fake services to manipulate feedback or ratings. Account Usage and Trust: Account sharing, multiple accounts, or transferring/selling accounts without permission are not permitted. Users must not engage in direct contact outside of WorkAndHire before agreeing to a service contract, except for Enterprise clients. Promoting other organizations or websites is prohibited. Interference with the site's technology or services is not allowed, including bypassing security features, using automated mechanisms without permission, or collecting identifiable information. Any actions that overwhelm the site or introduce malware are strictly prohibited. Unauthorized use of our services or reverse engineering of our site's source code is not allowed. Failure to adhere to these guidelines may result in account suspension. If you observe any violations, please report them to us promptly. We uphold these regulations: We reserve the right to investigate any potential breaches of these terms of service and may opt to temporarily halt, modify, or remove any content on our platform accordingly. While we cannot assure action against every infringement, non-action on one occasion does not forfeit our authority to address future violations, regardless of their relation to previous breaches. In the event of suspected rule violations, we retain the discretion to terminate your usage of our platform at any moment. Should your account be disabled or closed, you will lose access to our services; however, certain provisions will remain intact: Our entitlement to employ and distribute your feedback. The rights of our users and visitors to disseminate your content. Your consent to adhere to all regulations outlined in Section 3 of this document. Please notify us if you witness any breaches of these regulations: If you encounter any violations of our Terms of Use, kindly inform our customer service team or report them using the designated flag icon. Should we pursue an investigation into the breach, you agree to cooperate with our inquiry and take reasonable measures to assist in resolving the issue. Here, we define some of the terms used within our Terms of Use. Any additional terms in italics will be defined when introduced, either within the User Agreement or Terms of Service. An affiliate encompasses entities or individuals that are directly or indirectly affiliated with us through management, ownership, or shared control. A client denotes an individual utilizing our platform to seek freworkandhire services from another user. A deep fake denotes manipulated videos or images intended to deceptively substitute one individual's likeness with another's without consent. A freworkandhirer refers to an individual or agency offering their services on our platform. Freworkandhirer services encompass the tasks performed by freworkandhirers on WorkandHire. Means of direct contact pertain to information enabling direct communication outside our platform, such as phone numbers, email and physical addresses, social media accounts, and personal websites with contact details. Site services encompass all services, applications, and products—excluding freworkandhirer services—accessible through WorkandHire. Content comprises user-generated material posted on WorkandHire, including comments, profiles, feedback, images, or other data. This encompasses content originated by you, even if components were initially generated by generative AI or other tools, or in response to queries posed by WorkandHire or other users. When you buy a Voice Over Gig, the Seller provides you with a non-commercial perpetual, exclusive, non-transferable, worldwide license to utilize the purchased Voice Over. However, this does not cover any commercial applications, such as radio, television, and internet commercial spots. Opting for Commercial Rights (Buy-Out) with your order extends your rights. Alongside the basic rights, the Seller grants you a license to employ the Voice Over for commercial, promotional, and non-broadcast purposes for the agreed period (unless otherwise specified - perpetuity). Commercial, promotional, and non-broadcast purposes entail any business-related use for profit-generating products or services (excluding paid marketing channels). Examples include explainer videos on company websites, social networks, or email campaigns, audiobooks, and podcast intros. This excludes any illegal, immoral, or defamatory purposes. Further, with Full Broadcast Rights (Buy-Out), you receive additional benefits. In addition to Commercial Rights, the Seller provides you a license for full broadcasting for the agreed period (unless otherwise specified - perpetuity). Full Broadcasting encompasses internet, radio, and TV "paid channels," such as television commercials, radio commercials, internet radio, and music/video streaming platforms. Again, any illegal, immoral, or defamatory purposes are strictly prohibited. These Buy-Out provisions are subject to workandhire's Terms of Service. There is no warranty, express or implied, accompanying the purchase of this delivery, including with respect to fitness for a specific purpose. Neither the Seller nor workandhire will be liable for any claims or incidental, consequential, or other damages arising from this license, the delivery, or your use of the delivery. By obtaining a "Commercial Use License" alongside your Gig Order, you receive an enduring, exclusive, non-transferable, global authorization from the Seller to utilize the acquired delivery for Permitted Commercial Purposes. It's important to note that the Seller retains complete ownership rights. "Permitted Commercial Purposes" encompass any business-related activities, such as advertising, promotion, website creation, integration into products, software, or other business tools, while expressly excluding any illegal, immoral, or defamatory uses. This license is governed by workandhire's Terms of Service. No warranties, whether express or implied, are provided with the purchase of this delivery, including regarding fitness for specific purposes. Neither the Seller nor workandhire will be held accountable for any claims or incidental, consequential, or other damages arising from this license, the delivery, or its use. workandhire is committed to fostering economic opportunities for individuals, aiming to enhance their quality of life. Central to this commitment is the principle that these opportunities should be equally accessible to all qualified members of our community, irrespective of their background, nationality, race, ethnicity, gender, gender identity, sexual orientation, disability status (actual or perceived), veteran status, marital status, or any other similarly protected characteristics. We aspire for every member of our community to feel embraced and valued on our platform. By using workandhire, you agree not to partake in any form of unlawful discrimination or harassment. Such behavior is strictly prohibited and contradicts the ethos of our community. workandhire respects local laws and refrains from requiring users to undertake actions that may result in legal repercussions. We are committed to enforcing this policy, and users found engaging in discriminatory or harassing behavior risk having their accounts closed. Should you encounter any instances of discrimination or harassment, please promptly report them to us at support@workandhire.com. The website, including its overall layout, appearance, design, information, content, and other materials available on it, is the exclusive property of workandhire and is protected by copyright, trademark, and other intellectual property laws. The trademarks workandhire®, Gig®, and Gigs® are all registered trademarks solely owned by workandhire. Users are prohibited from doing the following with respect to the Site or any part thereof (including its mobile applications): (i) copying, transferring, adapting, modifying, distributing, transmitting, displaying, creating derivative works, publishing, or reproducing it in any manner; (ii) attempting to reverse assemble, decompile, reverse engineer, or derive its source code, underlying ideas, algorithms, structure, or organization; (iii) removing any copyright notice, identification, or other proprietary notices; (iv) using automation software (bots), hacks, modifications (mods), or any unauthorized third-party software designed to modify the Site; (v) attempting to gain unauthorized access to, interfere with, damage, or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumventing, removing, altering, deactivating, degrading, or thwarting any technological measure or content protections of the Site; (vii) using any robot, spider, crawlers, or other automatic device, process, software, or queries that intercepts, "mines," scrapes, or otherwise accesses the Site to monitor, extract, copy, or collect information or data from or through the Site, or engaging in any manual process to do the same; (viii) introducing any viruses, trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful into our systems; (ix) using the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other users' enjoyment of the Site; or (x) accessing or using the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing. Except for the limited right to use the Site according to these Terms of Service, workandhire owns all rights, title, and interest in and to the Site (including any and all intellectual property rights therein), and users agree not to take any actions inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than User-Generated Content), including, without limitation, the exclusive right to create derivative works.

User Agreement. This Agreement, constituting workandhire’s Terms of Service, serves as a legally binding contract between you (referred to as "you" or "User") and workandhire. By utilizing the workandhire Site or Site Services (encompassing the work marketplace workandhire.com or associated applications) and by clicking "accept" when prompted on the Site, you acknowledge and agree to adhere to all agreements comprising workandhire’s Terms of Service. This includes the Fee and ACH Authorization Agreement, Privacy Policy, Terms of Use, applicable Escrow Instructions, and this User Agreement. It's important to note that this User Agreement incorporates an arbitration agreement and class action waiver applicable to claims brought against workandhire in Australia. For users engaging with Any Hire Services, this Agreement also encompasses the Any Hire Terms and Any Hire Escrow Instructions. It's imperative to carefully review all terms outlined, as by doing so, you commit to upholding these agreements within the Terms of Service. Prior to utilizing our work marketplace or any associated services, whether through browsing or account registration, you must thoroughly review and consent to this Agreement, including its dispute resolution provisions. If you do not comprehend or agree to all terms and conditions outlined in this Agreement, you are not permitted to use our Services. If you lack understanding or agreement with this Agreement, refrain from clicking to accept, "Sign Up," "Create My Account," or similar prompts, and avoid accessing workandhire.com, utilizing our mobile applications, or engaging with our Services. Should you be using our Services on behalf of a business or legal entity, you are only authorized to do so if you possess the requisite authority to agree to the Terms of Service on behalf of said business or legal entity.

Shipping Physical ItemsShipping Physical Items Certain services offered on workandhire involve the delivery of physical goods (such as arts and crafts, collectible items, etc.). In such cases, Sellers may choose to specify a shipping fee. For Gigs that include a shipping fee, Sellers are required to send physical items to Buyers. The shipping fee applied to a Gig covers the cost incurred by Sellers to ship physical items to Buyers. It's important to note that Buyers purchasing Gigs requiring physical delivery will need to provide a shipping address. Once the Buyer provides the shipping address, Sellers are responsible for all shipping arrangements. workandhire does not oversee or guarantee shipping, tracking, quality, or the condition of items, nor their delivery, and therefore will not be held accountable for any issues or damages arising from shipping. To mitigate disputes related to shipping, providing a tracking number is highly recommended. If available, Sellers are required to enter the tracking number on the Order Page when delivering their work.

Member protection.workandhire provides a platform for individuals worldwide to offer, purchase, and exchange a wide range of services at exceptional value. Reflecting the dynamic Gig economy, workandhire's services showcase diversity and innovation. Members engage with each other through orders, social media, and the workandhire Community Forums. We strive to maintain a welcoming, community-oriented, and professional atmosphere. Users are encouraged to uphold these values in all interactions and extensions of the workandhire platform. This section outlines the expected conduct for users when engaging with one another on workandhire.

If you observe a violation of our Terms of Service, Community Standards, or encounter user misconduct, or if you have inquiries concerning your account, please reach out to our Customer Support team for assistance.

Rights to Provide Feedback By offering workandhire any remarks, recommendations, or feedback concerning the workandhire platform, website, as well as other workandhire offerings (collectively referred to as "Feedback"), you acknowledge granting workandhire exclusive, royalty-free, fully paid-up, perpetual, irrevocable, worldwide ownership rights to the Feedback. workandhire holds no obligation to incorporate any Feedback provided by users.

ConfidentialitySellers must acknowledge the potential necessity for Buyers to share confidential information for the completion of ordered work. Sellers are obligated to safeguard such confidential information against unauthorized use and disclosure. Consequently, Sellers commit to treating any information provided by Buyers with utmost confidentiality, considering it highly sensitive, top-secret, and classified material. This commitment includes: i) Maintaining strict confidentiality of all received information. ii) Refraining from disclosing the information to any third parties. iii) Utilizing the information solely for the purpose of fulfilling the ordered work. iv) Obtaining the Buyer's permission before copying or reproducing any of the information.

Content Generated By Users User Generated Content (UGC) denotes content contributed by users rather than content produced by the Site itself. All content uploaded to workandhire by our users (Buyers and Sellers) falls under User Generated Content. workandhire does not conduct checks on user-uploaded or created content for appropriateness, copyright violations, trademarks, or other rights infringements. The responsibility for such content lies solely with the user who uploads or creates it, including any consequences arising from its use, disclosure, storage, or transmission. By uploading or creating content on the workandhire platform, you affirm that you own or have obtained all necessary rights, licenses, consents, permissions, power, and/or authority to use and/or upload such content. Additionally, you assert that such content, or its use on the Site, does not and will not: (a) infringe or violate any intellectual property, proprietary, privacy, data protection, or publicity rights of any third party; (b) contravene any applicable local, state, federal, and international laws, regulations, and conventions; and/or (c) breach any of your or third party's policies and/or terms of service. We encourage everyone to report violations, accompanied by proof of ownership where appropriate. Reported violating content may be removed or disabled. Moreover, workandhire disclaims responsibility for the content, quality, or level of service provided by Sellers (even if they are Pro Freelancers, Top Rated Sellers, offer Promoted Gigs, or otherwise). We offer no warranty regarding the Gigs, their delivery, any communications between Buyers and Sellers, and the Logo Designs created through the Logo Maker. Users are encouraged to utilize our rating system, community, and common sense when selecting services. By offering a service, Sellers affirm that they possess sufficient permissions, rights, and/or licenses to provide, sell, or resell the service offered on workandhire. Sellers promoting their Gig or Logo Design created through the Logo Maker online must adhere to the laws and terms of service of the advertising platform or relevant website used for advertising. Failure to comply may result in the removal of the Gig or Logo Design from the Logo Maker, as applicable, and may lead to the suspension of the Seller's account. For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement, please refer to our Intellectual Property Claims Policy, which is an integral part of these Terms of Service. Please note that it is our policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers.

Possession Ownership and Terms: Upon purchasing a Gig on workandhire, unless otherwise specified on the Seller's Gig page/description, the Buyer, upon delivery and payment, acquires all intellectual property rights, including copyright, for the delivered work from the Seller. The Seller renounces any moral rights associated with the work. Thus, the Seller explicitly transfers the copyright to the Buyer. However, such transfer is contingent upon full payment for the Gig, and if payment is canceled for any reason, the delivered work may not be used. In the case of custom-created work (e.g., artwork, design, report generation), the Buyer exclusively owns the delivered work and its copyright upon delivery, as agreed under the Terms of Service. Some Gigs, especially those involving custom-created work, may require additional payments (via Gig Extras) for a Commercial Use License. If the Gig is purchased for personal use, the Buyer owns all necessary rights and doesn't require a Commercial Use License. However, if the work will be used for any business-related purpose, a Commercial Use License must be obtained via a Gig Extra to ensure broader rights for business use. For Voice Over Gigs, upon delivery and payment, the Buyer obtains basic rights, permitting perpetual use of the work for non-commercial purposes with a one-time fee payment. However, if the Voice Over will be used to promote a product and/or service (excluding paid marketing channels), the Commercial Rights (Buy-Out) must be purchased via Gig Extra. Additionally, for usage in radio, television, and internet commercials, the Full Broadcast Rights (Buy-Out) are required via Gig Extra. Further details on the types of buy-outs are provided below. Moreover, users (Buyers and Sellers) acknowledge that unless explicitly stated otherwise, any content voluntarily created/uploaded to workandhire, including Gig texts, photos, videos, usernames, user photos, user videos, and any other information, may be utilized by workandhire for marketing or other purposes without compensation.

DisclaimerUsing the site, accessing its content, or obtaining any services or items through the site is done at your own risk. The site, its content, and any services or items obtained through the site are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither workandhire nor any person associated with workandhire makes any warranty or representation regarding the completeness, security, reliability, quality, accuracy, or availability of the site. The above statement does not affect any warranties that cannot be excluded or limited under applicable law.

LiabilityUnder no circumstances shall workandhire, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be held liable for any damages whatsoever, regardless of legal theory, arising from or in connection with your use or inability to use the site, any linked websites, any content on the site or such other websites, or any services or items obtained through the site or such other websites. These damages include but are not limited to direct, indirect, special, incidental, consequential, or punitive damages, such as personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The above provision does not affect any liability that cannot be excluded or limited under applicable law.

CookiesCookies are small text files that contain information and are downloaded to your browsing device, like a computer or smartphone, when you visit a website. These files can be recognized by the website that downloaded them or by other websites using the same cookies. There are two main types: first-party cookies, which belong to the website you're visiting (such as workandhire), and third-party cookies, placed on your device by a different party through the website you're browsing. Cookies serve various functions, including helping to understand how the website is used, facilitating efficient navigation between pages, remembering preferences, and enhancing the overall browsing experience. They can also tailor online marketing to be more relevant to your interests. To optimize your browsing experience, workandhire utilizes four types of cookies: Strictly Necessary, Performance, Functional, and Targeting Cookies. Each serves a specific purpose detailed below. Strictly Necessary Cookies: These are essential for accessing secure areas and enabling key features of the website. Without them, certain services like payment submission may not be available. While you can configure your browser to block or alert you about these cookies, it may impact the functionality of the site. Performance Cookies: These gather aggregated or anonymous data on your site usage, such as frequently visited pages or encountered errors. They do not identify you personally. Functional Cookies: Functional cookies remember your choices, like language preferences, and can customize aspects of the site to your liking. They may also facilitate requested services, such as video playback or commenting on blogs. These cookies may be set by workandhire or third-party providers. Targeting Cookies: Targeting cookies personalize advertisements based on your interests, limit ad frequency, and measure advertising campaign effectiveness. They track your website visits and may share this information with advertisers. The duration a cookie remains on your device depends on whether it's a "persistent" or "session" cookie. Session cookies expire when you close your browser, while persistent cookies remain until they expire or are deleted. To manage cookies in your browser, refer to its settings, typically found in the "Help," "Tools," or "Edit" functions. Disabling cookies may restrict access to certain parts of the site or affect its functionality. For more guidance on adjusting browser cookie settings, visit www.allaboutcookies.org.

Hourly Software License AgreementNOTICE: PLEASE READ THOROUGHLY: This End User License Agreement (“EULA”) constitutes a legal agreement between you and workandhire Global Inc. and its affiliates (“workandhire,” “we,” or “us”). This EULA governs your utilization of the workandhire software and any accompanying third-party software (together, the “Software”). workandhire is willing to license the Software to you (individually and/or on behalf of your employer) (collectively referred to as “you” or “your”) only under the condition that you accept all the terms outlined in this EULA. By installing, using, copying, or distributing any portion of the software, you indicate your acceptance and consent to abide by all terms and conditions stated herein. IF YOU DO NOT AGREE TO ANY PART OF THIS EULA, DO NOT DOWNLOAD, INSTALL, OR UTILIZE THE SOFTWARE. Furthermore, your usage of the Software is subject to your existing agreements with us regarding your interaction with the workandhire.com website (the “Site”) and the services rendered through it. This EULA integrates all terms, conditions, regulations, policies, and guidelines posted on the Site by reference, including the workandhire Terms of Service (the “Terms of Service”). Additionally, please refer to the workandhire Privacy Policy (the “Privacy Policy”) accessible at https://www.workandhire.com/privacy.php. Terms capitalized herein but not defined are as defined in the Terms of Service. CONDITIONAL GRANT OF LICENSE. 1.1. LICENSE GRANT: Contingent upon your adherence to the terms and conditions delineated in this EULA, workandhire extends to you a non-exclusive, non-transferable privilege to utilize the executable code version of the Software solely for your activities conducted on or through the Site. 1.2. USAGE LIMITATIONS: You undertake not to alter, exhibit, adapt, translate, loan, distribute, create derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to extract source code from the Software. You are prohibited from publishing, redistributing, sublicensing, or vending the Software or any associated information or materials. Additionally, you may not lease or transfer your rights to the Software. Any usage of the Software that could impair, disable, overload, or damage the Site is forbidden, as is any usage that may interfere with another party’s enjoyment or use of the Site. You affirm that you will utilize the Software in compliance with all applicable laws, including but not limited to copyright and other intellectual property laws. Furthermore, you shall not conduct any testing on the Software or disclose its results to any third party without the prior written consent of workandhire. Moreover, you agree not to remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices within or accessed through the Software. 1.3. INTELLECTUAL PROPERTY RIGHTS: The Software is provided to you under license and remains the property of workandhire, its licensors, or third-party providers. You acknowledge that all rights, title, and interest, including all Intellectual Property Rights, in and to the Software, its portions, or any associated information or materials provided through or in conjunction with the Software, belong to workandhire, its licensors, or third-party providers. Your rights to use the Software are confined to those expressly granted herein. All rights not explicitly granted are reserved by workandhire, its licensors, or third-party providers. “Intellectual Property Rights” encompass various intellectual property rights as outlined herein and extend to any other proprietary rights that currently exist or may come into existence in the future, along with all applications, registrations, renewals, extensions, and restorations thereof, globally. DISCLAIMER OF WARRANTIES. 2.1. “AS IS”; NO WARRANTY: workandhire AND ANY OF ITS LICENSORS OR THIRD-PARTY SERVICE PROVIDERS PROVIDE THE SOFTWARE “AS IS,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. workandhire EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COMPUTER PROGRAMS ARE INHERENTLY COMPLEX, AND THE SOFTWARE MAY CONTAIN ERRORS. THE SOFTWARE IS OFFERED WITH ALL FAULTS, AND YOU ASSUME ALL RISKS ASSOCIATED WITH ITS QUALITY, PERFORMANCE, ACCURACY, AND EFFICACY. workandhire MAKES NO WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SOFTWARE. YOU ACKNOWLEDGE AND ACCEPT THAT YOUR DOWNLOADING AND UTILIZATION OF THE SOFTWARE ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU BEAR SOLE RESPONSIBILITY FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH ACTIVITIES.

Privacy And Security. The software enables others to capture the visual output, known as "Screenshots," from your computer. By activating the software, you acknowledge that it may periodically send Screenshots to workandhire. These Screenshots may be displayed in the workandhire work diary at the time of capture, depicting various elements such as open programs, windows, backgrounds, taskbars, system trays, multiple screens, title bars, menus, graphics, screen savers, and any content therein. You understand and agree that if your confidential information is visible as visual output while the software is active, it may be included in a Screenshot, transmitted to workandhire, and subsequently displayed in the relevant work diary. To prevent the transmission of confidential information, you agree not to access such information while the software is active. While reasonable precautions have been taken to prevent unauthorized access to your computer via the software, it's impossible to foresee or control the actions of third parties. Therefore, using the software may expose you to security risks that you wouldn't encounter otherwise, potentially compromising your privacy or property. You acknowledge that workandhire bears no liability for security breaches resulting from your use of the software or otherwise.