This User Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains at iWorkGuru.co.uk (the "site"). If you do not agree to be bound by this User Agreement, you may not use or access our services.
By using this website, you are indicating your acceptance to be bound by the Terms and Conditions defined in this website. iWorkGuru.co.uk is part of Mobileguru Limited (the "Company") and may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.
This Agreement was last modified on 15th November 2014.
Acceptance of User Agreement
This user agreement ("User Agreement") is a contract between you and Mobileguru Limited where you are a user of iWorkGuru.co.uk and any associated domains or sub domains. The site is offered to you conditionally upon acceptance of this User Agreement. Please review the terms and conditions set out below before using the site. Your continued use of the site after such time will signify your acceptance of this User Agreement.
This User Agreement and all policies and terms incorporated by reference constitute the entire agreement between you and iWorkGuru.co.uk as to its subject matter.
If you do not agree to any of these terms and conditions you should immediately cease to use the site. Please note that we may close, suspend, or limit your access to your iWorkGuru.co.uk account ("Account") or the Services provided by us on the site ("Services"), and/or limit access to your funds if you carry out activities which are in contravention of this User Agreement and its associated policies incorporated by reference.
iWorkGuru.co.uk offers its Services to all Users who are eligible for this service. iWorkGuru.co.uk shall have absolute discretion as to whether or not a particular applicant is accepted for participation in the service. The site is available only to individuals or corporate entities that can form legally binding contracts under applicable law. Without limiting the foregoing, this site is not available to persons under 18 years of age. If Users do not qualify, they cannot use any of iWorkGuru.co.uk services including, but not limited to, those that require the User's ability to form legally binding contracts. Each User is responsible for what occurs on their Account and must report any unauthorised use of their Account to us.
The terms “You” and “User” or “Users” refer to all individuals and/or entities accessing this website for any reason.
iWorkGuru.co.uk provides a platform or venue to introduce Users who wish to provide professional services (“Service Providers”) and Users who seek such professional services (“Service Requestors”). Service Providers are also known as Freelancers or Entrepreneurs who are carrying out work or providing a service under an agreement or contract made between them and a Service Requestor. Service Requestor can be a person or a company raising a project or task to find suitable Service Provider to deliver project or complete task under a contract or agreement reached between the two parties. iWorkGuru.co.uk is not an employment site and does not employ anyone as a result of any project or task awarded on its website. We do not facilitate in the placement of individuals in jobs beyond bringing both parties to our website. The site enables Users to identify each other and work together online to complete, invoice and pay for projects and services.
iWorkGuru.co.uk reserves the right to terminate the participation of any User without giving prior reason but in particular any User that we believe to be in violation of the User Agreement. Without limiting the foregoing, iWorkGuru.co.uk may terminate the participation of a User if we think that they are in violation of local laws, getting complaints, legal liabilities, infringing intellectual property rights, engaging in fraudulent, immoral or illegal activities, or any reason that constitutes to a violation of our agreements.
All users of iWorkGuru.co.uk have a defined relationship as set out in this section. The parties to a project or service are the Service Provider, the Service Requestor and iWorkGuru.co.uk. iWorkGuru.co.uk is a party to a project or service for purposes limited to (a) the provision of the virtual platform or venue and hosting of the site(s) to enable selection of Service Providers and projects or services, (b) supervising payment following satisfactory completion of a project or service as agreed between the Service Requestor and the Service Provider, and provision of a process for Service Requestors and Service Providers to use when there is a disagreement about satisfactory completion of a project or service. This relationship does not extend to any employment contract between any user and iWorkGuru.co.uk.
iWorkGuru.co.uk does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. Although iWorkGuru.co.uk provides a virtual environment for definition of projects or services and assessment of Service Provider suitability, each Service Provider and each Service Requestor acknowledges and agrees that, despite any recommendation made by iWorkGuru.co.uk of any Service Provider in relation to a project or service, they are responsible to identify and subsequently make their own sole decision and/or determination on the suitability or otherwise of a Service Provider to perform or complete any project or service or of a Service Requestor to provide funds during and/or on completion of any project and clarification on a project as required during the term of a project. iWorkGuru.co.uk has not investigated the suitability of any Service Provider for any project and the Service Requestor acknowledges that it is its sole responsibility to assess the ability of a Service Provider to satisfactorily complete a project.
iWorkGuru.co.uk acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, iWorkGuru.co.uk may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. iWorkGuru.co.uk has no liability or responsibility to users for performance or non-performance of such activities.
Depending on their jurisdiction, Service Providers and Service Requestors may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this agreement is intended to override a right that by applicable law may not be excluded. However, to the maximum extent permitted by law, the liability of iWorkGuru.co.uk for any services it provides is limited to performing the services again.
By submitting content to any public or non-public area of the Website, including message boards, forums, contests and chat rooms, you grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, sublicense, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validity and irrevocably granted to you the right to grant the license stated above.
Once project or service is awarded by a Service Requestor to a Service Provider and the Service Provider's acceptance of a project or service on the site, the Service Requestor agrees to purchase, and the Service Provider agrees to deliver the Provider Services in accordance with the following agreements: (1) the User Agreement; and (2) the User Services Agreement between the Service Requestor and Service Provider available on the site, as amended from time to time; (3) any other contractual provisions accepted by both the Service Provider and Service Requestor uploaded to the site, to the extent not inconsistent with the User Agreement; and (4) the project terms as awarded and accepted on the site, to the extent not inconsistent with the User Agreement. iWorkGuru.co.uk agrees to provide the platform or venue and host the site, including the hosting of the project.
You agree not to enter into any contractual provisions in conflict with the User Agreement. Any provision of a member contract in conflict with the User Agreement is void.
When you enter into a transaction for a Project or Service on iWorkGuru.co.uk, you create a legally binding contract with another User, unless the transaction is prohibited by law or by this User Agreement. You are responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User(s). You must ensure that you are aware of any domestic laws, international laws, statutes, ordinances and regulations relevant to you as a Service Requestor or Service Provider, or in any other uses you make of the site.
If another user breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, iWorkGuru.co.uk has no responsibility for enforcing any User rights.
Users requesting buying service from other users must abide by the law of the destination and receiving countries for purchase of goods and services. Any goods or service prohibited for import or export to or from countries of origin or destination cannot utilise iWorkGuru.co.uk buying service. Any tax, import duty or other import or export procedures must be followed and users agree not to use buying service for any illegal or unlawful activities or trading.
Where payments have been made by Paypal, Skrill or Credit cards there may be some limited protection provided for transactions and you should familiarise yourself with the protection provided by the Payment Provider or your Bank before proceeding with a transaction of any kind through the site.
iWorkGuru.co.uk does not offer any form of insurance or protection which will assist you, because our site merely provides the online portal or venue for Users to offer, sell, and buy professional services and we are not otherwise involved in the transactions and interactions between Service Requestors and Service Providers. User identification on the Internet is difficult, we cannot and do not confirm each User's purported identity.
Users are prohibited from advertising a website on the site other than a portfolio of their work. Any URL posted in a bid, project description, or the message board, must relate to a project on iWorkGuru.co.uk.
Users can only place bids that equal the total amount of money they are requesting for the project or service. You cannot post an hourly bid or any other abnormal type of bid that does not cover the full cost of the project or service. Service Requestors cannot create projects or service that directly or indirectly require users to place hourly or other abnormal bids. It must be the complete price of the project or service even if it is hourly paid. For example hourly paid project or service cost must be for the total number of hours and the total cost agreed to complete activity.
All contents of this website, including texts, graphics, images, logos are all the property of Mobileguru Limited and are not to be used by any individual or organisation without prior agreement of the company. All materials are the property of the Company or its content suppliers or clients. You may not sell or modify the material or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without consent. The use of the materials on any other web site or in a networked computer environment for any purpose is prohibited. The same shall apply to any of the programming and HTML code that the Company uses to generate its pages.
All fees and charges can be found on our website and clearly displayed during Project or Service posting. All fees will be assessed in GBP. Your account and all transactions are made and displayed in GBP unless otherwise specified.
iWorkGuru.co.uk earns fees for creating, hosting, maintaining, and providing the site, and for all services delivered by iWorkGuru.co.uk that are accessible through the site and to cover expenses and fees iWorkGuru.co.uk incurs with banks, credit card companies and payment gateway providers. After deducting such amounts, iWorkGuru.co.uk transfers the remaining payment amount to the Service Provider or Service Requestor.
iWorkGuru.co.uk charges fees in relation to the posting of a premium or urgent project; awarding a project; and other miscellaneous fees that are described on the Site.
Users can choose annual membership to subscribe to different levels of participation on the site which will incur additional fees.
iWorkGuru.co.uk offers a unique service whereby users can create a milestone payment in advance of the project or service completion. This is not an Escrow service but is a feature which allows iWorkGuru.co.uk users to make controlled payments with respect to a project or service to a Service Provider. Depending on the agreement of the Service Requestor and Service Provider, the Service Requestor can create an advance payment which will remain pending until: (a) the Service Requestor and the Service Provider agree that the funds should be released to the Service Provider; (b) until the Service Requestor and the Service Provider have concluded the process of the Dispute Resolution Services; (c) until the Service Requestor instructs iWorkGuru.co.uk to pay a Service Provider that performed a service for him/her; or (d) until the Service Requestor acknowledges that the Service Provider has completed the service fully and satisfactory.
If a Service Requestor does not approve of the Service Provider's work, the Parties have the option to resolve the issue through the terms of the Dispute Resolution Services set out on our website.
In the event that the Service Requestor has not provided any instruction to iWorkGuru.co.uk with respect to a Milestone Payment within 1 year after the day that the Milestone Payment was made, and has not logged in during that time period, such Milestone Payment will be refunded to the User account of the person who initially paid it where possible and where there is no dispute by other users.
iWorkGuru.co.uk requires all users to open an account before they can use services on the website. You must register for an "Account" to become a user. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the site, and to update this information to maintain its truthfulness, accuracy and completeness.
You agree not to receive any interest or other earnings on the funds that iWorkGuru.co.uk handles on your behalf. iWorkGuru.co.uk may receive interest on those funds and will not be liable for any lost interest on such funds.
All amounts are stated in and all payments will be made in GBP. iWorkGuru.co.uk reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an Account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your iWorkGuru.co.uk Account or face termination and any other remedies available to iWorkGuru.co.uk to recover the funds. iWorkGuru.co.uk reserves the rights to request or assign third parties or debt collectors to act on our behalf to obtain any money owed or losses incurred by the company.
Any User that iWorkGuru.co.uk removes from the service due to violation of the User Agreement will receive no credit or payment and will become liable for certain fees described in this User Agreement.
iWorkGuru.co.uk requires you to make all payments to Mobileguru Limited and to make payments to and accept payments from other Users in the purchase and sale of Services for iWorkGuru.co.uk projects or services directly through the mechanisms available on the site. You acknowledge and agree that iWorkGuru.co.uk will hold all funds including Milestone Payments in any account and may commingle and deposit such funds with other funds to be paid to other Users and with funds of iWorkGuru.co.uk in any account, at any institution, or in any other manner iWorkGuru.co.uk may decide in its sole discretion from time to time. In addition, you understand that such commingled funds could be used to pay other Users and by iWorkGuru.co.uk for general corporate purposes or otherwise, provided that iWorkGuru.co.uk will remain contractually obligated to make payment to you, as a Service Provider or Service Requestor, for any purchases and sales of Services provided by you through iWorkGuru.co.uk. To the extent iWorkGuru.co.uk is obligated to make payment to you, you will be an unsecured creditor of iWorkGuru.co.uk.
You acknowledge and agree that: (1) iWorkGuru.co.uk or Mobileguru Limited is not a bank or other licensed financial institutions and does not provide banking services; (2) the amounts shown as on deposit, including Milestone Payments, in a User Account are not segregated into a separate account but represent unsecured obligations of iWorkGuru.co.uk to the User with respect to the purchase and sale of Services through iWorkGuru.co.uk; (3) iWorkGuru.co.uk is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and (4) amounts transferred through or stored in the payment service are not insured or guaranteed deposits. Your Account will not constitute a milestone. By initiating and sending payments through iWorkGuru.co.uk, you appoint iWorkGuru.co.uk as your agent to obtain the funds and hold and to transfer such funds to the Service Provider or Service Requestor for Services, subject to these terms and conditions.
If your Account has a negative balance, iWorkGuru.co.uk may set off the negative balance with any funds that you subsequently receive into your Account. In the event that iWorkGuru.co.uk offsets a negative balance pursuant to this clause, it may be bundled with another debit coming out of your Account. To secure your performance of this Agreement, you grant to iWorkGuru.co.uk a lien on and security interest in and to the funds held in your Account in the possession of iWorkGuru.co.uk.
User Accounts that have been inactive for more than 365 days ("Inactive Accounts") will incur a dormant account fee of 5GBP per month until either the Account is terminated or reactivated. iWorkGuru.co.uk reserves the right to cancel Inactive Accounts with a nil or negative balance.
You acknowledge and agree that iWorkGuru.co.uk will be entitled to recover any chargebacks that may be imposed on Mobileguru Limited by a credit card issuer on funds paid to you by Service Requestors through iWorkGuru.co.uk website. A chargeback occurs when a Service Requestor rejects or reverses a charge on his or her credit card through the credit card issuer. You agree that iWorkGuru.co.uk may reverse any such payments made to you, which are subject to chargeback via a credit card issuer. To cover the cost of processing chargebacks, iWorkGuru.co.uk will charge a 20GBP fee to Users for credit and debit card payment chargebacks.
In some cases iWorkGuru.co.uk, in its sole discretion, may place a hold on any or all of the payments you receive when iWorkGuru.co.uk believes there may be a high level of risk associated with you, your Account, or any or all of your transactions. If iWorkGuru.co.uk places a hold on any or all of the payments you receive, you will be provided with notice of our actions and the way in which to resolve the issue. If you are involved in a dispute, in certain circumstances iWorkGuru.co.uk may place a temporary hold on the funds in your account to cover the amount of any potential liability. If the dispute is resolved in your favour, we will lift the temporary hold. If you lose the dispute, iWorkGuru.co.uk may remove the funds from your Account.
Where there is not sufficient funds in your User Account to meet outstanding fees and charges, iWorkGuru.co.uk reserves the right to collect any amounts owing to us by any other legal means.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided by iWorkGuru.co.uk. These taxes will be added to fees billed to you, if applicable.
In order to prevent fraud and to protect all users of iWorkGuru.co.uk it is necessary for us to take extra measures in some cases to authenticate user identity. You authorize iWorkGuru.co.uk, directly or through third parties, to make any inquiries we consider necessary to validate your identity in compliance with applicable legislation and regulation, as well as for our own anti-fraud measures. This may include asking you for further information, requiring you to provide your date of birth, a passport identification number and other information that will allow us to reasonably identify you; requiring you to take steps to confirm ownership of your email address or bank or credit accounts; ordering a credit report; or verifying your information against third party databases or through other sources. We may ask to see your passport or driving license or other relevant identifying documents. Address verification may be requested by posting a code to registered address and asking you to confirm once received. In addition, in some circumstances we may ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step. Commonwealth law may require that iWorkGuru.co.uk verify the information provided to us before allowing access to fund transfer or withdrawal services through the site. Prior to making fund transfer user must verify their account. New account holders can only make first fund transfers after 90 days and thereafter 30 days of last transaction relating to that fund. The Site reserves the right to close, suspend, or limit access to your User Account and/or iWorkGuru.co.uk Services in the event we are unable to obtain or verify to our satisfaction the information required by this clause. Misuse and fraud will be prosecuted! Please note that under UK anti-money laundering legislation ANY kind of payment fraud is considered potential money laundering. We are legally obliged to report any fraud to The Serious Organised Crime Agency (SOCA).
Where any user is found to negotiate the fee for a project or service outside of iWorkGuru.co.uk this will lead to suspension of user account. This clause affects all transactions whether complete, open or cancelled part way through the project or service cycle. It is strictly against iWorkGuru.co.uk policy to avoid paying commission due to us by under-bidding in order to negotiate a price privately. Any increase in price of project or service must be notified to us and commission owed must be paid as soon as it is agreed.
Any other communication on iWorkGuru.co.uk website message board is prohibited other than for specific project, service or contests managed through our website.
Any feedback you provide on iWorkGuru.co.uk website will be solely owned by iWorkGuru.co.uk and by agreeing to our terms and conditions you agree to transfer copyright of the feedback to iWorkGuru.co.uk. User feedback cannot be used for any other purpose than for facilitating the activities and exchange of information within iWorkGuru.co.uk site.
Where a dispute arises between two users regarding a project or service raised in iWorkGuru.co.uk this can be escalated for resolution by iWorkGuru.co.uk. You agree and acknowledge that: (i) iWorkGuru.co.uk is not providing legal services; (ii) iWorkGuru.co.uk will not advise you regarding any legal matters; and (iii) if you desire to have legal counsel, you will seek an independent legal counsel from those licensed to practice law in your jurisdiction. You will not rely on iWorkGuru.co.uk for any such counsel.
Prior to escalating any dispute to iWorkGuru.co.uk you must contact the other party and seek resolution directly. However if this fails disputes can be escalated to iWorkGuru.co.uk. The Service Requestor and Service Provider will then be notified that the matter will be addressed through the Dispute Resolution Services.
You agree to indemnify and to the maximum extent permitted by law hold iWorkGuru.co.uk harmless against any damages or liability you may suffer as a result of using iWorkGuru.co.uk Services.
iWorkGuru.co.uk will respond to disputes initiated by a user in accordance with the Dispute Resolution Services as set out in this clause and in relation to disputes that arise in relation to the provision of the venue, and the hosting of the site by iWorkGuru.co.uk as set out in the terms and conditions on this site.
Upon receipt of a dispute, iWorkGuru.co.uk shall have the right to request the Service Provider and the Service Requestor to provide documentation in support of their claim or position in relation to the dispute. You agree that iWorkGuru.co.uk has absolute discretion to accept or reject any document provided. You also acknowledge that iWorkGuru.co.uk is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person. In addition, we do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and to the maximum extent permitted by law hold iWorkGuru.co.uk harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.
In relation to disputes with any other users of the site, you hereby agree to indemnify iWorkGuru.co.uk from any claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute, our determinations or the use of the Dispute Resolution Services for projects and services. You acknowledge that the verdict of iWorkGuru.co.uk is final, binding, and irreversible.
Where disputes are awarded to one party as a result of no response from other party within set expiry time period, you acknowledge that the verdict of iWorkGuru.co.uk dispute system is final, binding, and irreversible.
All claims and actions including, but not limited to, actions made by mistake of the parties on the Dispute system are final, binding, and irreversible. You agree that iWorkGuru.co.uk is hereby released from the actual and consequential damages brought about by these claims.
It is agreed by you that you will make every endeavour at fair play and post reasonable and fair demands or offers on your dispute.
A user caught providing false documentation, submitting misleading account data, falsifying information or lying would automatically lose the dispute in favour of the other party involved, regardless of the origin of the dispute. This will lead to disciplinary action or suspension of accounts and access to our services.
Where a dispute arises between you and iWorkGuru.co.uk, firstly contact us by following clause 17 instructions and we will address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly.
If you have a complaint about iWorkGuru.co.uk, you may choose to escalate it by contacting one of the following:
Mobileguru Limited is a UK registered company and this Agreement and the relationship between us shall be governed by UK law. For complaints that cannot be resolved otherwise, you submit to the non-exclusive jurisdiction of the English courts.
We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of this Agreement and our liability in these circumstances is limited as set out in the remainder of this section.
a. In no event shall Mobileguru Limited, persons who act on our behalf, and/or the persons we enter into contracts with be liable for any of the following types of loss or damage arising under or in relation to this Agreement (whether in contract, tort (including, without limitation, negligence) or otherwise:
1. any loss of profits, goodwill, business, contracts, revenue or anticipated savings even if we are advised of the possibility of such damages, loss of profits, goodwill, business, contracts, revenue or anticipated savings; or
2. any loss or corruption of data; or
3. any loss or damage whatsoever which does not stem directly from our breach of this Agreement; or.
4. any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of this Agreement (whether or not you are able to prove such loss or damage).
b. Nothing in this Agreement shall limit our liability resulting from fraudulent misrepresentation, gross negligence, willful misconduct, for death or personal injury resulting from either our negligence or to the extent such limitation or exclusion is not permitted by applicable law.
We provide the Services to you subject to your statutory rights but otherwise provided without any warranty or condition, express or implied, except as specifically stated in this Agreement.
Competitions and promotions must adhere to local laws and regulations. In some countries you need to register with government agencies and others have strict guidelines you must follow. You are responsible for adhering to local laws and regulations when submitting competitions on our website.
There are three distinct categories and these are sweepstakes, contests and lotteries. Further details are provided below;
· Sweepstakes are prize giveaways where the winners are chosen by the luck of the draw.
· Contests choose a winner based on some merit or criteria defined by the organiser. For example you must answer a question correctly.
· A Lottery is a prize draw where people must pay money to buy a chance to win. Lotteries are highly regulated and should not be run without consulting with legal counsel.
Any competitions or contests submitted to iWorkGuru.co.uk must comply with the rules and regulations of each country where the entrants are accepted from or prize is awarded. You must take all steps necessary to protect iWorkGuru.co.uk from any legal claims and challenges. Any complaints or legal challenges received relating to a competition or contest will result in immediate suspension of the competition if iWorkGuru.co.uk believes there has been breach of local rules and regulations. It is good practice for all competitions or contests to produce clear terms and conditions and limit entrants to specific countries.
Our money back guarantee is offered for up to 30 days of contest closing where you are not satisfied with the submitted entries. This can be due to no entries submitted or where the minimum entries specified as part of award criteria was not achieved.
It is our policy to respond to clear notices of alleged copyright infringement and take action. If you believe there has been copyright infringement either by a user on our website or iWorkGuru.co.uk then contact us following clause 17 instructions.
If you have any questions about these Terms and conditions or if you wish to report violations of these Terms, please contact iWorkGuru.co.uk using our contact details provided on this website.