Terms of Service
These Terms of Use (“Terms”) govern the access or use by you, an
individual, firm or entity (“Users“, “you” or “your”), of websites,
content and services (“Services”) made available by
TruEmployee.com Online, a company existing under the laws of
Pakistan (hereinafter referred to as “TruEmployee.com”, “we”, “us
or “our”).
These Terms govern your use of TruEmployee.com’s application,
website, call center and technology platform (collectively,
TruEmployee.com Platform”).
Please read these terms carefully before accessing or using the
TruEmployee.com Platform. If you do not agree to be bound by the
terms and conditions of these terms, you may not use or access the
TruEmployee.com Platform.
1. Contractual Relationship
1.
Your acceptance, use or access to the TruEmployee.com
Platform and/or the Services offered thereby constitutes your
agreement to be bound by these Terms, without any condition
or reservation, which establishes a contractual relationship
between you and TruEmployee.com (“Agreement”).
2. TruEmployee.com may immediately terminate this Agreement,
or generally cease offering or deny access to the
TruEmployee.com Platform or any portion thereof, at any time
and without any reason.
3.
Supplemental terms may apply to certain Services, such as
policies for a particular event, loyalty programmes, activity or
promotion. Such supplemental terms will be disclosed to you
at the time of availability of such Services. Supplemental terms
are in addition to, and shall be deemed a part of, this
Agreement for the purposes of the applicable Services.
Supplemental terms shall prevail over this Agreement in the
event of a conflict with respect to the applicable Services.
4.
TruEmployee.com may amend, restate or revise this
Agreement, from time to time, without notice. Amendments,
revisions and/or restatements, as the case may be, will be
effective upon TruEmployee.com’s posting of an updated
Agreement at this location or the amended policies or
supplemental terms on the applicable Service. Your continued
access or use of the TruEmployee.com Platform after such
posting constitutes your consent to be bound by this
Agreement, as amended or otherwise.
2. The TruEmployee.com Platform
1.
The TruEmployee.com Platform is solely a venue for
communications. In this regard, the TruEmployee.com
Platform is a communications platform for enabling the
connection of individuals, or entities seeking to obtain Services
and/or individuals seeking to provide Services by way of
provision of, inter alia, temporary maids, cooks, cleaners,
babysitters and elderly care providers (“Helpers“). Those
certain Services requested by the Users, which are to be
completed by the Helpers, are hereinafter referred to as
Helper Services“.
2.
TruEmployee.com does not itself provide Helper Services. The
provision of all Helper Services is up to the Helpers, which
may be scheduled through use of the TruEmployee.com
Platform. TruEmployee.com, through the TruEmployee.com
Platform, offers information and a method to obtain such
Helper Services, but does not provide such Helper Services
itself or act in any way as a service provider for purposes of
cleaning, babysitting, or other home-related services, and
expressly disclaims any responsibility or liability for any Helper
Services provided to the User, including, but not limited to, a
warranty or condition of good and workmanlike services.
3.
Any decision by a User to make use of or accept Helper
Services is a decision made in such User’s sole discretion.
Each Helper Service provided by a Helper to a User shall
constitute a separate agreement between such persons.
4.
Materials posted on the TruEmployee.com Platform are not
intended to amount to advice on which reliance should be
placed. We therefore disclaim all liability and responsibility
arising from any reliance placed on such materials by any
visitor to the TruEmployee.com Platform, or by anyone who
may be informed of any of its contents.
5.
The User acknowledges that TruEmployee.com does not
provide services or own any employee and that all such
services are provided by independent third party contractors
who are not employed by TruEmployee.com.
6.
We aim to update the TruEmployee.com Platform regularly
and may change the content at any time. If the need arises, we
may suspend access to the TruEmployee.com Platform and
the Services or close them indefinitely. Any of the material on
the TruEmployee.com Platform or the Services may be out of
date at any given time, and we are under no obligation to
update such material.
3. License
Subject to your compliance with this Agreement, TruEmployee.com
grants you a limited, non-exclusive, non-sub-licensable, revocable,
non-transferrable license to:
1.
access and use the TruEmployee.com Platform on your
personal device solely in connection with your use of the
TruEmployee.com Platform; and
2. access and use any content, information and related materials
that may be made available through the TruEmployee.com
Platform, in each case solely for your personal, non-
commercial use.
3.
Any rights not expressly granted herein are reserved by
TruEmployee.com and TruEmployee.com’s licensors.
4. Third Party Services and Content
1.
The TruEmployee.com Platform may be made available or
accessed in connection with third party services and content
(including, without limitation, advertising, third party
contractors, call centers, financial institutions, or payment
portals/gateways) that TruEmployee.com does not control. The
User acknowledges that different terms of use and privacy
policies may apply to the use of such third party services and
content. TruEmployee.com does not endorse such third party
services and content and in no event shall TruEmployee.com
be responsible or liable for any products or services of such
third party providers, including but not limited, to any loss or
damage that may occur as a result of use thereof.
2.
You also acknowledge that the Services may be made
available under such brands or request options by or in
connection with: (i) certain affiliates; or (ii) independent third
party contractors.
3. It is at TruEmployee.com’s discretion which brands or request
options are made available to you.
5. TruEmployee.com Platform Ownership
The TruEmployee.com Platform and all rights therein are and shall
remain TruEmployee.com’s property. Neither this Agreement nor
your use of the TruEmployee.com Platform convey or grant to you
any rights:
1.
in or related to the TruEmployee.com Platform except for the
limited license granted above; and/or
2.
to use or reference in any manner TruEmployee.com’s
company names, logos and service names, trademarks,
copyrights or services marks.
6. Use of the TruEmployee.com Platform
User Accounts
2.
Account registration requires you to submit to
TruEmployee.com certain personal information, such as your
name, address, mobile phone number, gender and age. You
agree to maintain accurate, complete, and up-to-date
information in your Account. Your failure to maintain accurate,
complete, and up-to-date Account information may result in
your inability to access and use the TruEmployee.com
Platform, including your ability to request access to your
personal information or to opt in or out of marketing
preferences, or TruEmployee.com’s termination of this
Agreement with you.
3.
You agree to maintain the security and secrecy of your
Account username and password at all times. You agree and
understand that you are responsible for all activity that occurs
under your Account, even as a result of loss, damage or theft
of the device through which you access the TruEmployee.com
Platform.
4.
Unless otherwise permitted by TruEmployee.com in writing,
you may only possess one Account.
7. User Requirements and Conduct
1.
You may not authorize third parties to use your Account.
2.
You agree to comply with all applicable laws when using the
TruEmployee.com Platform, and you may only use the
TruEmployee.com Platform for lawful purposes.
3.
You will not, in your use of the TruEmployee.com Platform,
cause nuisance, annoyance, inconvenience, or property
damage, whether to a Helper and/or TruEmployee.com, other
third party provider or any other party.
4.
In certain instances, you may be asked to provide proof of
identity to access or use the TruEmployee.com Platform, and
you agree that you may be denied access to or use of the
TruEmployee.com Platform if you refuse to provide proof of
identity.
5.
Failure to comply with the terms of this Agreement may result
in our taking certain actions against you, including but not
limited to:
1.
immediate, temporary or permanent withdrawal of your right to
use the TruEmployee.com Platform;
2. legal action against you including proceedings for recovery of
damages and compensation together with reimbursement of
all costs (including, but not limited to, reasonable
administrative and legal costs) resulting from the breach;
3.
disclosure of such information to law enforcement authorities
as we feel is necessary; and/or
4. immediate, temporary or permanent removal of any posting or
material uploaded by you to our Service.
8. Promotions, Bundles, Credits and Referral Programs
1.
TruEmployee.com, in its sole discretion, may make promotions
available to any User or potential User via alpha numeric
codes (“Promo Codes”). These promotions, unless made to
you, shall have no bearing whatsoever on your Agreement or
relationship with TruEmployee.com.
2.
TruEmployee.com reserves the right to withhold or deduct
credits or benefits obtained through a promotion in the event
that TruEmployee.com determines or believes that the
redemption of the promotion or receipt of the credit or benefit
was in error, fraudulent, illegal, or in violation of the applicable
promotion terms or this Agreement.
3.
You agree that Promo Codes:
must be used for the intended audience and purpose, and in a
lawful manner; may not be duplicated, sold or transferred in
any manner, or made available to the general public (whether
posted to a public form or otherwise), unless expressly
permitted by TruEmployee.com;
may be disabled by TruEmployee.com, at any time, for any
reason without liability to TruEmployee.com;
may only be used pursuant to the specific terms that
TruEmployee.com establishes for such Promo Code;
are not valid for cash;
may expire prior to your use; and
TruEmployee.com may establish additional terms relating to
specific promotions.
4.
TruEmployee.com reserves the right to withhold or deduct
credits or other features or benefits obtained through the use
of Promo Codes by you or any other user in the event that
TruEmployee.com determines or believes that the use or
redemption of the Promo Code was in error, fraudulent, illegal,
or in violation of the applicable Promo Code terms or this
Agreement.
5. As part of your User account, TruEmployee.com may provide
you with access to a feature in the TruEmployee.com
application which may allow you to:
manage payment for Services;
add and store pre-paid credit balance (“TruEmployee.com
Credit”); and/or
transfer TruEmployee.com Credit to or receive
TruEmployee.com Credit from other Users, against payment of
any applicable TruEmployee.com Fees (as defined below) and
subject to any limits on the number of transfers or the amount
of TruEmployee.com Credit you can send and/or receive,
which TruEmployee.com Fees and limits may be modified by
TruEmployee.com from time to time.
6.
When transferring TruEmployee.com Credit balance to another
User, the amount transferred and the applicable
TruEmployee.com Fees (as defined below) (if any) will be
deducted from your User account balance and will be
transferred to the other User. Once the request for the transfer
of TruEmployee.com Credit is completed, the transfer cannot
be cancelled or otherwise reversed. You agree that in
providing you with this feature, TruEmployee.com is merely
enabling the transfer of TruEmployee.com Credit balance and
is no way responsible for the actions of the individual Users,
including the reason for which TruEmployee.com Credit is
transferred by or to you.
9. Communications
1.
By becoming a User, you agree to receive communications,
including but not limited to promotion and advertising material,
from us, including via e-mail, text message, calls, and push
notifications. You agree that texts, calls or pre-recorded
messages may be generated by automatic telephone dialing
systems.
2.
Communications from TruEmployee.com, may include but are
not limited to: operational communications concerning your
Account or use of the TruEmployee.com Platform or Services,
updates concerning new and existing features on the
TruEmployee.com Platform, communications concerning
promotions run by us or our third- party partners, and news
concerning TruEmployee.com and industry developments.
3.
TruEmployee.com may give notice by means of a general
notice on the TruEmployee.com Platform, electronic mail to
your email address in your Account. You may give notice to
TruEmployee.com by written communication to
TruEmployee.com’s email address
at contact@TruEmployee.com .
4.
If you no longer wish to receive promotional or marketing-
related communications by text message or email, please
contact contact@TruEmployee.com .
10. Charges and Payments
Employers will directly contract with helpers / employees to decide
terms of their employment and salaries / compensation
Truemployee.com has no liability in this matter.Truemployee.com
will only charge for data package selected by the user. It does not
have any other charges or fees .
11. Due Diligence
Truemployee.com enables you to search for prospective
employees or post your own data to seek for employment . Due
diligence is sole responsibility of users .
Truemployee is not in anyway responsible for any false statement
posted by any user .
12. Refund
The service packages offered by truemployee.com enable you to
access a certain amount of data of prospective employees.
It is not guaranteed that you will find a suitable employee or in any
way implied .
Truemployee.com is a search engine /app where you can browse
posts by different people seeking employment and contact them by
paying a fee to the app by buying their service packages.
Truemployee will not refund any amount paid on account of buyout
a service package .
Refund will only be considered if truemployee services become
unavailable for an extended period of time due to any factor within
control of company .
13. Restricted Activities
With respect to your use of the TruEmployee.com Platform and your
participation in the Services, you agree that you will not:
1.
impersonate any person or entity;
2.
stalk, threaten, or otherwise harass any person, employee or
affiliates of TruEmployee.com, and/or the Helper;
3. interfere with or disrupt the Services or the TruEmployee.com
Platform or the servers or networks connected to the
TruEmployee.com Platform;
4. post information or interact on the TruEmployee.com Platform
or with respect to Services in a manner which is false,
inaccurate, misleading (directly or by omission or failure to
update information), defamatory, libelous, abusive, obscene,
profane, offensive, sexually oriented, threatening, harassing,
or illegal;
5.
use the TruEmployee.com Platform in any way that infringes
any third party’s rights, including but not limited to: intellectual
property rights, copyright, patent, trademark, trade secret or
other proprietary rights or rights of publicity or privacy; and
6.
post, email or otherwise transmit any malicious code, files or
programs designed to interrupt, damage, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment or surreptitiously intercept or
expropriate any system, data or personal information.
14. Disclaimers; Limitation of Liability; Indemnity
1.
Disclaimers
THE TruEmployee.com PLATFORM AND SERVICES ARE
PROVIDED “AS IS” AND “AS AVAILABLE.” TruEmployee.com
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES,
EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY
SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN
ADDITION, TruEmployee.com MAKES NO
REPRESENTATION, WARRANTY, OR GUARANTEE
REGARDING THE RELIABILITY, TIMELINESS, QUALITY,
SUITABILITY OR AVAILABILITY OF THE TruEmployee.com
PLATFORM, SERVICES OR ANY OTHER SERVICES
REQUESTED THROUGH THE USE OF THE
TruEmployee.com PLATFORM, OR THAT THE
TruEmployee.com PLATFORM WILL BE UNINTERRUPTED
OR ERROR-FREE. TruEmployee.com DOES NOT
GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR
ABILITY OF TruEmployee.com. YOU AGREE THAT THE
ENTIRE RISK AND RESPONSIBILITY (INCLUDING THAT OF
YOUR PERSONAL SAFETY AND OF YOUR PROPERTY)
ARISING OUT OF YOUR USE OF THE TruEmployee.com
PLATFORM AND SERVICES, AND ANY SERVICE
REQUESTED IN CONNECTION THEREWITH, REMAINS
SOLELY WITH YOU, TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAW.
TruEmployee.com is not responsible for the conduct, whether
online or offline, of any User, Helper or any other third party.
You are encouraged to use a reasonable degree of sensibility
and caution when interacting with other Users, Helpers or any
other third party.
We are not required to procure insurance for, nor are we
responsible for private belongings, including the loss of private
belongings as a result of theft or snatching at your place. By
using the TruEmployee.com Platform and participating in the
Services, you agree to accept such risks and agree that
TruEmployee.com is not responsible for the acts or omissions
of Users, Helpers or any other third party.
TruEmployee.com expressly disclaims any liability arising from
the unauthorized use of your Account. Should you suspect that
any unauthorized party may be using your Account, or you
suspect any other breach of security, you agree to notify us
immediately.
Location data provided by the TruEmployee.com Platform is
for basic location purposes only and is not intended to be
relied upon in situations where precise location information is
needed or where erroneous, inaccurate or incomplete location
data may lead to death, personal injury, property or
environmental damage. Neither TruEmployee.com, nor any of
its content providers, guarantees the availability, accuracy,
completeness, reliability, or timeliness of location data tracked
or displayed by the TruEmployee.com Platform. Any of your
information, including geolocational data, you upload, provide,
or post on the TruEmployee.com Platform may be accessible
to TruEmployee.com, selected partners and relevant helpers.
2.
Limitation of liability
TruEmployee.com SHALL NOT BE LIABLE FOR INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS,
LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE
RELATED TO, IN CONNECTION WITH, OR OTHERWISE
RESULTING FROM ANY USE OF THE TruEmployee.com
PLATFORM OR SERVICES, EVEN IF TruEmployee.com HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TruEmployee.com SHALL NOT BE LIABLE FOR
ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:
YOUR USE OF, OR RELIANCE ON, THE TruEmployee.com
PLATFORM OR THE SERVICES OR YOUR INABILITY TO
ACCESS OR USE THE TruEmployee.com PLATFORM OR
THE SERVICES; OR
ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU
AND ANY HELPER OR OTHER THIRD PARTY PROVIDER,
EVEN IF TruEmployee.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. TruEmployee.com
SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN
PERFORMANCE RESULTING FROM CAUSES BEYOND
OUR REASONABLE CONTROL.
By using the TruEmployee.com Platform, the User agrees to
hold TruEmployee.com free from the responsibility for any
liability or damage that might arise out of the Helper Services
and/or any act or omission (whether willful or negligent) of the
Helper.
The User understands and acknowledges that
TruEmployee.com is not responsible for the conduct, whether
online or offline, of any Helper, and will not be liable to the
User or otherwise for any claim, injury or damage for loss of
property or damage thereto arising in connection with any
Helper Services and/or use of the TruEmployee.com Platform.
3.
Indemnity
You agree to indemnify and hold TruEmployee.com and their
officers, directors, employees and agents harmless from any and all
claims, demands, losses, liabilities, and expenses (including
attorneys’ fees) arising out of or in connection with:
• your use of the TruEmployee.com Platform and the Services or
services or goods obtained through your use of the
TruEmployee.com Platform;
your breach or violation of this Agreement; or
your violation of the rights of any third party, including Helpers.
15. Miscellaneous Provisions
1.
Choice of Law
This Agreement is governed by and construed in accordance with
the laws of the Pakistan.
2.
General
You may not assign or transfer your rights under this
Agreement in whole or in part without TruEmployee.com’s prior
written approval.
You give your approval to TruEmployee.com for it to assign or
transfer its rights and obligations under this Agreement in
whole or in part, including to:
3.
a subsidiary or affiliate;
4.
an acquirer of TruEmployee.com ’s equity, business or assets;
or
5.
a successor by merger. No joint venture, partnership,
employment or agency relationship exists between you,
TruEmployee.com or any Helper as a result of the contract
between you and TruEmployee.com or use of the
TruEmployee.com Platform.
6.
If any provision of this Agreement is held to be illegal, invalid or
unenforceable, in whole or in part, under any law, such
provision or part thereof shall to that extent be deemed not to
form part of this Agreement but the legality, validity and
enforceability of the other provisions in this Agreement shall
not be affected. In that event, the parties shall replace the
illegal, invalid or unenforceable provision or part thereof with a
provision or part thereof that is legal, valid and enforceable
and that has, to the greatest extent possible, a similar effect as
the illegal, invalid or unenforceable provision or part thereof,
given the contents and purpose of this Agreement.
7.
This Agreement constitutes the entire agreement and
understanding of the parties with respect to its subject matter
and replaces and supersedes all prior or contemporaneous
agreements or undertakings regarding such subject matter.