KTE SMART TECHNOLOGIES (“JobX Service”), primarily operates, controls and manages the Services (as defined below) provided by it from its office.
Service Delivery Policy
This policy is applicable to Vendor JobX Service Apps
(a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering;
(b) misrepresent the location at which they will provide a Service;
(c) include brand names or other inappropriate keywords in their Profile, Offer, Want, Feedback, or any other title or description relating to a Service;
(d) use misleading titles that do not accurately describe the Service; or (e) include any information in their Profile that is fraudulent.
In case we realize that any professional is involved in any of the above activities, JobX Service holds the sole discretion to blacklist the Vendor JobX Service and withhold any outstanding credits or payments to the Vendor JobX Service.
AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL WEBSITE USERS
It is further clarified that your registration on the Website shall be deemed to be your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by you even if you are registered with the Malaysian Communications and Multimedia Commission (MCMC) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form
If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, JobX Service, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Professional’s Account privileges; (c) suspend the Service Professional’s Account; (d) cause the Service Professional to forfeit any fees earned on a canceled Posting; and/or (e) decrease the Service Professional’s status earned via the Feedback page.
JobX Service Users Policy
1. JobX Service USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Vendor JobX Service’s terms as outlined in the Posting, or agree to purchase a Service with the intention of
disrupting a Posting; or (d) misuse any options made available now or in the future by JobX Service in connection with the use or purchase of any Service.
2. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules in connection with his or her Posting, JobX Service, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User’s Account privileges; (c) suspend the Service User’s Account; and/or (d) decrease the Service User’s status earned via the Feedback page.
JobX Service Fees
1.FEES INCURRED BY SERVICE PROFESSIONALS Joining JobX Service and opening an Account is free. JobX Service reserves the right at its sole discretion to charge fees to Vendor JobX Service for other services that JobX Service may provide in the future.
JobX Service may also in certain categories require Service Provider to make payments for following up on job leads i.e. requests posted by Service Users, and permitting the Service Provider to contact the Service User (“Lead Fee”) irrespective of whether the job leads eventually result in a transaction or exchange of consideration for the service requested. In order to be eligible to make such Lead Fee payment, Service Provider shall be required to make advance payments (“Credits”) from which the Lead Fee may be deducted as and when necessary. Whenever the Credits fall below the prescribed threshold, the Service Provider shall be prompted to refill the Credits in order to continue enjoying the ability to follow up on leads and contacting Service Users.
The service professional is entitled to refund of credits that are credited back in their wallet in the following conditions:
1.Refunds are processed when customer cancels request
2.Refunds are processed if the customer has not viewed quote and not cancelled request 4 days after your response
In the event, (i) the job lead is identified to be non-genuine, or (ii) the Service User within 48 hours of posting a request on the Website withdraws the same by way of the Website or the mobile application only, or (iii) the Service Professional pays the Lead Fee to respond to the Service User’s request for service but the Service User does not open or access the Service Professional’s response, the Lead Fee shall be reimbursed to the Service Professional. The decision of JobX Service pertaining to the above shall be final and binding.
2.FEES INCURRED BY SERVICE USERS Joining JobX Service, opening an Account, viewing posted Services, and bidding on posted Services is free. JobX Service currently does not charge Service Users for transactions completed on the Mobile Application between JobX Service Users and Vendor JobX Service. However, JobX Service reserves the right to charge a fee to Service Users in the future on a per-transaction basis or in any other manner and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after JobX Service has provided you with thirty (30) days’ notice by posting the changes on the Website and the Apps.
You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Professional who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that JobX Service shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Professional.
All commissions payable to JobX Service by Service Professionals on consummated transactions, i.e. exchange of services for consideration, and are final and non-refundable.
All monies paid by Service Professionals in form of “Credits” are non-interest bearing and shall be refunded to the Service Professionals if they remain unutilised for a period greater than 364 days only. Such amounts shall not be refunded prior to that.
Negotiation of Terms of Service; Disputes Between Registered Users
As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, JobX Service provides a general framework for negotiating the terms of Service (e.g., rate) (“Negotiation Worksheet”). Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Negotiation Worksheet.
You should not rely on the any information or resources contained on the Website, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel. JobX Service makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Websites, including, without limitation, the Negotiation Worksheet. In no way will JobX Service be responsible for any actions taken or not taken based on the information or resources provided on this Website. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Website, however provided.
Each Registered User hereby acknowledges and agrees that JobX Service is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website. Each Registered User acknowledges, agrees and understands that JobX Service only seeks to provide a platform wherein the Service User and Service Professional can be brought together and JobX Service itself has not role in the execution or provision of Services.
3.NO AGENCY OR PARTNERSHIP
4. DISPUTES BETWEEN REGISTERED USERS
Subject to the provisions regarding disputes between Website participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, service professionals and Service Users.
You understand that deciding whether to use the Services of a Service Professional or provide Services to a Service User or use the information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that JobX Service does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While JobX Service may attempt to seek information about the background of a Service Provider, either via a telephonic or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalised website, LinkedIn, Twitter etc., you understand that Service Professionals may register themselves suo moto. You also understand that any so-called background check undertaken by JobX Service is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the Service User should take an informed decision on his/her own accord and keep in mind the fact that JobX Service only seeks to provide a platform wherein Service Users and Service Professionals have an opportunity to meet each other.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SINCE JobX Service only seeks to provide a platform wherein the Service User and Service Provider can be brought together and JobX Service itself has no role in the execution or provision of Services ITSELF, URBAN CLAP SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE WEBSITE, OR BETWEEN REGISTERED USERS OR ANY WEBSITE USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT JobX Service IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU
AND ONE OR MORE WEBSITE USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE JobX Service, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS,
AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR
UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER.