Bountly Terms and Conditions
Here are our terms and conditions. Please contact us here if you have any other questions. Thanks for connecting.
The Bountly terms & conditions (5 March 2018) provide a guideline to help you understand Bountly, as well as your own obligations and responsibilities whilst using the Bountly Platform.
User Agreement: bountly.co
Bountly is an online platform allowing “Service Seekers” to post a task & connect through the Bountly Platform to “service providers” who will get the job done for them.
1. SCOPE OF THE BOUNTLY SERVICE
1.1 Bountly provides a Platform to enable service seekers to publish tasks visible to all users on Bountly.
1.2 Service Providers may make an Offer in response to a posted task. Parts of Offer details may be made publicly available, including to internet users who are not Users.
1.3 A service seeker may revoke or modify a posted task at any time before he/she accepts an Offer. Bountly reserves the right to cancel all Offers on a Posted task if it does not comply with our rules and regulations.
1.4 If a service seeker accepts an Offer on the Bountly Platform, a Bountly contract is created between the service seeker and the service provider.
1.7 Once the Bountly contract is created The service seeker and service provider are encouraged to use Bountly's private messaging system to amend or vary the Bountly contract or to otherwise communicate the finer details of the task.
1.9.1 Once the Services are complete, the Service Provider must provide notice of that on the Bountly Platform.
1.9.2 Once the Services are complete, the Service Seeker must provide notice of that on the Bountly Platform.
1.11 After the Bountly contract is completed, the parties are encouraged to review one another and provide feedback of the Services on the Bountly Platform, with our star rating and peer-to-peer review system.
1.12 Bountly may provide a feature enabling Users to request Services based on another User's skills, reputation or other attributes. When this occurs, that User will be automatically notified of the new Posted Task, and that the Service Seeker would like the User to make an Offer to supply Services. However, that User will not have any further special rights and will need to follow the normal offer process to become the Service Provider for the Posted task.
2. BOUNTLY'S ROLE AND OBLIGATIONS
2.1 Bountly provides the Bountly Platform only, enabling Users to publish Posted Tasks and make Offers on Posted tasks.
2.2 Bountly only permits individuals over 18 years of age to become Users.
2.3 Users must be independent persons, but can specify within their account description that they represent a business entity / Company.
2.4 At its absolute discretion, Bountly may refuse to allow any person to register or create an account with Bountly or cancel or suspend any existing account.
2.5 Registering and creating an account with Bountly is free. There is no charge for a Service Seeker to post tasks, or for other Bountly Users to review content on the Bountly Platform, including Posted tasks.
2.6 Bountly accepts no liability for any aspect of the Service Seeker and Service Provider interaction, including but not limited to the description, performance or delivery of Services.
2.8 Except for liability in relation to any Non-Excludable Condition, the Bountly Service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implications of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law.
2.9 Bountly has no obligation to any User to assist or involve itself in any dispute between Users although we may do so to improve User experience.
3. USER OBLIGATIONS
3.1 You will at all times:
(a) comply with this Agreement (including all Policies) and all applicable laws and regulations;
(b) only post accurate information on the Bountly Platform;
(c) promptly and efficiently perform obligations to other Users under a Bountly contract; and
(d) ensure that You are aware of any laws that apply to You as a Service Seeker or Service Provider, or in relation to using the Bountly Platform.
3.2 You agree that any content (whether provided by Bountly, a User or a third party) on the Bountly Platform may not be used on third party sites or for other business purposes without Bountly's prior permission.
3.3 You must not use the Bountly Platform for any illegal or immoral purpose.
3.4 You must maintain control of Your Bountly account and must not deal your account in any way, including: allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
3.5 You grant Bountly an unrestricted, worldwide, royalty-free license to use, reproduce, modify and adapt any content and information posted on the Bountly Platform for the purpose of publishing material on the Bountly Platform and as otherwise may be required to provide the Bountly Service, for the general promotion of the Bountly Service, and as permitted by this Agreement.
3.6 You agree that any information posted on the Bountly Platform must not, in any way whatsoever, be potentially or actually harmful to Bountly or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Bountly.
3.7 Without limiting any provision of this Agreement, any information You supply to Bountly or publish in a Posted task must be up to date and kept up to date and must not:
*(a) be false, inaccurate or misleading or deceptive;
*(b) be fraudulent or involve the sale of counterfeit or stolen items;
*(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
*(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, anti-discrimination and trade practices/fair trading laws);
*(e) be defamatory, libelous, threatening or harassing;
*(f) be obscene or contain any material that, in Bountly's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
*(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Bountly Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
3.8 The Bountly Platform may from time to time engage location-based or map-based functionality. The Bountly Platform may display the location of Service Seekers and Service Providers to persons browsing the Bountly Platform. Each Service Seeker will be asked to provide the street and suburb where the Services are to be delivered. A Service Seeker should never disclose personal details such as the Service Seeker's full name, street number, phone number or email address in a Posted task or in any other public communication on the Bountly Platform. This can take place in Bountly messenger. You can post your general location (suburb etc) to your publicly viewed task.
3.9 If You are a Service Provider, you must have the right to provide Services under a Bountly contract and to work in South Africa. You must comply and declare your own tax and regulatory obligations in relation to any payment received under a Bountly contract.
3.10 Service Providers must provide Services to Service Seekers in accordance with the Bountly contract, unless the Services are prohibited by law, this Agreement, an agreement between the User and a Third-Party Provider or by any of our Policies.
3.11 You must not, when supplying Services, charge a Service Seeker fees on top of your task Payment. If there are materials or special requirements for your task completion this must be disclosed before you begin the task.
3.12 You must not request payments outside of the Bountly Platform from the Service Seeker except to the extent permitted by clause 3.13 and only if the Bountly Platform does not facilitate the reimbursement via the Escrow Account of costs considered in clause 3.13.
3.13 If a Service Provider agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Service Provider is solely responsible for obtaining any reimbursement from the Service Seeker. Bountly advises Service Providers not to agree to incur costs in advance of the task Payment unless the Service Provider is confident the Service Seeker will reimburse the costs promptly.
3.14 If Bountly determines at its sole discretion that You have breached any obligation under this clause 3, it reserves the rights to remove any content, Posted taskor Offer You have submitted to the Bountly Service or cancel or suspend Your account and/or any Bountly contracts.
.6. THIRD PARTY SERVICES
6.1 Bountly may from time to time include Third Party Services on the Bountly Platform. These Third-Party Services are not provided by Bountly.
6.2 Third Party Services are offered to Users pursuant to the third party's terms and conditions. Third Party Services may be promoted on the Bountly Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
6.3 If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.
6.4 Bountly makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Bountly Platform, Users may inform Bountly of their Third Party Service experience here.
9. VERIFICATION & BADGES
9.1 Bountly may use Identity Verification Services.
9.2 You agree that Bountly Identity Verification Services may not be fully accurate as all Bountly Services are dependent on User-supplied information and/or information or verification services provided by third parties.
9.3 You are solely responsible for identity verification and Bountly accepts no responsibility for any use that is made of a Bountly Identity Verification Service.
9.4 Bountly Identity Verification Services may be modified at any time.
9.5 The Bountly Platform may also include a User-initiated feedback system to help evaluate Users.
9.6 Bountly may make Verification Icons available to Service Providers. The available Verification Icons can be requested by the Service Provider via the Bountly Platform, and arranged on behalf of the Service Provider and issued by Bountly, for a fee. Obtaining a Verification Icon may be subject to the provision of certain information or documentation by the Service Provider and determined by Bountly or a third party verifier subject to its terms. It remains the Service Provider's responsibility to ensure that information or documentation it provides in obtaining a Verification Icon is true and accurate and must inform Bountly immediately if a Verification Icon is no longer valid.
9.7 Bountly may, at its discretion, issue Bountly Badges to Service Providers for a fee.
9.8 The issue of a Verification Icon or Bountly Badge to a Service Provider remains in the control of Bountly and the display and use of a Verification Icon or Bountly Badge is licensed to the Service Provider for use on the Bountly Platform only. Any verification obtained as a result of the issue of a Verification Icon or Bountly Badge may not be used for any other purpose outside of the Bountly Platform.
9.9 Bountly retains the discretion and right to not issue, or remove without notice, a Verification Icon or Bountly Badge if You are in breach of any of the terms of this Agreement, the Verification Icon or Bountly Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Bountly.
11.1 You can complain about any comment made on the Bountly Platform using the 'Report' function of the Bountly Platform or contact Bountly via the Bountly Platform.
11.1 Bountly is entitled to suspend or terminate Your account at any time if Bountly, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other Bountly Users.
14. MODIFICATIONS TO THE AGREEMENT
14.1 Bountly may modify this Agreement or the Policies (and update the Bountly pages on which they are displayed) from time to time. Bountly will send notification of such modifications to Your Bountly account or advise You the next time You login.
14.2 When You actively agree to the terms (for example, by clicking a button saying, "I accept") or use the Bountly Platform in a manner, including engaging in any acts in connection with a Bountly contract, the modified terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
14.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must notify Bountly who will terminate your Bountly account, and stop using the Bountly Services. Except as specifically described in or authorized by this Agreement, the terms of this Agreement and any Bountly Policy cannot be amended except in writing signed by Your and Bountly.
15. NO AGENCY
15.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Bountly, its related entities or affiliates in any way whatsoever. Bountly confirms that all Third-Party Services that may be promoted on the Bountly service are provided solely by such Third-Party Service providers. To the extent permitted by law, Bountly specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third-Party Service.
16.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Bountly's contact address as displayed on the Bountly Platform, or to Bountly Users' contact address as provided at registration. Any notice shall be deemed given:
(a) if sent by email, 24 hours after email is sent, unless the Service Seeker is notified that the email address is invalid or the email is undeliverable, and
(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside South Africa. In this section, "Business Day" means a day on which banks are open for general business in South Africa, other that a Saturday, Sunday or public holiday.
16.2 Notices related to performance of any Third-Party Service must be delivered to such Third Party as set out in Third Party Service Provider terms and conditions.
17. MEDIATION AND DISPUTE RESOLUTION
17.1 Bountly encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, you acknowledge and agree that Bountly may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
17.2 Bountly may provide access to a Third-Party Dispute Service. If such a service is provided, either party may require the other party to submit the Third-Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third-Party Dispute Service are located at https://tradesafe.co.za/page/terms-conditions. Bountly confirms that Third Party Dispute Service is a Third-Party Service and subject to further terms set out for Third Party Services. The Users are responsible for paying any costs associated with the Third-Party Dispute Service in accordance with the Third-Party Dispute Service terms and conditions.
17.3 Disputes with any Third-Party Service provider must proceed pursuit to any dispute resolution process set out in the terms of service of the Third-Party Service Provider.
17.5 If You have a complaint about the Bountly Service please contact us here
17.6 If Bountly provides information of other Bountly Users to You for the purposes of resolving disputes under this clause, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Bountly against any claims relating to any other use of information not permitted by this Agreement.
18.1 Either You or Bountly may terminate your account and this Agreement at any time for any reason.
18.2 Termination of this Agreement does not affect any Bountly contract that has been formed between Bountly Users. If You have entered a Bountly contract You must comply with the terms of that Bountly contract including providing the Services or paying the task Payment as applicable.
18.3 Third Party Services are subject to Third Party Service provider terms and conditions.
18.4 Sections 4 (Fees), 12 (Limitation of Liability) and 17 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
18.5 If Your account or this Agreement are terminated for any reason then You may not without Bountly's consent (in its absolute discretion) create any further accounts with Bountly and we may terminate any other accounts You operate.
19.1 This Agreement is governed by the laws of South Africa. You as the user, and Bountly submit to the exclusive jurisdiction of the courts of South Africa.
19.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
19.3 This Agreement may be assigned or novated by Bountly to a third party without your consent. In the event of an assignment or novation you, the User will remain bound by this Agreement.
19.4 This Agreement sets out the entire understanding and agreement between you, the User and Bountly with respect to its subject matter.
Revised March 2018; copyright Bountly 2018.
The terms used in this Bountly contract have the meaning set out in the Bountly Glossary. A Bountly contract is created in accordance with the Bountly Agreement. The Service Seeker and the Service Provider enter into this Bountly contract on the following terms:
1 COMMENCEMENT DATE AND TERM
1.1 This Bountly contract is created when the Service Seeker accepts the Service Provider’s Offer on a Posted taskto provide Services.
1.2 This Contract will continue until terminated in accordance with clause 7.
2.1 The Service Provider will perform Services in a proper working manner.
2.2 The Service Provider must perform the Services at the time and location agreed.
3.1 Each party warrants that the information provided in the creation of this Bountly contract is true and accurate.
3.2 The Service Provider warrants that he/she has the right to work and provide Services and hold relevant licenses in South Africa.
3.3 The parties incorporate the Consumer Guarantees into this Bountly contract, even if they are not already incorporated by law.
4 PAYMENTS OR CANCELLATION
4.1 Upon the creation of this Bountly contract, the Service Seeker must pay the task Payment into the Escrow Account.
4.2 Upon the Services being completed, the Service Provider will provide notice on the Bountly Platform.
4.3 The Service Seeker will be prompted to confirm the Services are complete. If the Bountly has completed the Services in accordance with clause 2, the Service Seeker must use the Bountly Platform to release the Worker Payment from the Escrow Account.
4.4 If the parties agree to cancel this Bountly contract, or the Service Seeker is unable to contact the Service Provider to perform the Bountly contract, the Worker Payment will be dealt with in accordance with the User Agreement.
5 LIMITATIONS OF LIABILITY
5.1 Except for liability in relation to a breach of a Non-Excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and ay claims by ay third person, or this Bountly contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
5.2 The liability of each party to the other except for a breach of ay Non-Excludable Condition is capped at the taskPayment.
6.1 If a dispute arising between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).
6.2 If the parties are unable to resolve the dispute in accordance with clause 6.1, either party refer the dispute to the Third-Party Dispute Service and act in accordance with the Third-Party Dispute Service's terms and conditions.
7 TERMINATIONS OF CONTRACT
This Bountly contract will terminate when:
(a) the Services are completed and the task Payment is released from the Escrow Account;
(b) a party is terminated or suspended from the Bountly Platform, at the election of the other party;
(c) when otherwise agreed by the parties or the Third-Party Dispute Service; or
(d) notified by Bountly in accordance with the party's Bountly Agreement.
8 APPLICATION OF POLICIES
The parties incorporate by reference the applicable Policies.
9 GOVERNING LAW
This Bountly contract is governed by the laws of South Africa. The parties submit to the exclusive jurisdiction of South Africa.
Revised March 2018; Copyright Bountly 2018.
"Agreement" means the most updated version of the agreement between Bountly and you, the User.
"Bountly" "we" "us" "our" means Bountly Pty Ltd.
"Bountly Badge" means a badge that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by Bountly.
"Bountly Platform" means the Bountly website at https://bountly.co, Bountly smartphone app, and any other affiliated platform that may be introduced from time to time.
"Bountly Services" means the service of providing the Bountly Platform.
"Service Provider" means a User who provides Services to Service Seekers.
"Business Partner" means the business or individual that enters into an agreement with Bountly to acquire Business Services.
"Business Services" means Services provided by a Service Provider to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner's customer).
"Consequential Loss" means any loss, damage or expense recoverable at law:
(a) other that a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
(b) which is a loss of:
a. opportunity or goodwill;
b. profits, anticipated savings or business;
c. data; or
d. value of any equipment,
and any costs or expenses incurred in connection with the foregoing.
"Escrow Account" means the escrow account.
"Escrow Provider" means an entity that manages the Escrow Account.
"Fees" means all fees payable to Bountly by Users including the Service Fee.
"Identify Verification Services" means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, Bountly Badges and Verification Icons.
"Service Seeker" means a User that posts on the Bountly Platform in search of particular Services.
"Marketing Material" means any updates, news and special offers in relation to Bountly or its Third-Party Services.
"Non-excludable Condition" means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
"Offer" means an offer made by a Service Provider in response to a Posted taskto perform the Services.
"Posted Bounty" means the Service Seeker's request for Services, and includes the deadline for completion, price and description of the Services to be provided.
"Reference" means a feature allowing a User to request other Users to post a reference on the Bountly Platform endorsing that User.
"Services" means the services to be rendered as described in the Posted Bounty, including ay variations or amendments agreed before or subsequent to the creation of a Bountly contract.
"Service Fee" means the fee payable by the Service Provider as consideration for Bountly connecting the Service Provider with the Service Seeker, being fifteen (15) percent of the task Payment.
"Site" means the website at https://bountly.co.
"Stored Value Card" means the physical or virtual card, coupon, voucher or code containing credit or a discount for use on the Bountly Platform.
"Take Down Notice" means any such request for Bountly to remove content on the Bountly Platform due to a claim of copyright infringement.
"Bountly contract" means the separate contract which is formed between a Service Seeker and a Service Provider for Services, the terms of which is including in Appendix A to the Agreement.
"Task Payment" means the payment into the Escrow Account made by the Service Seeker at the agreed price for Services (including ay variation) but does not include any costs incurred by the Service Provider when completing Services which the Service Seeker agrees to reimburse.
"Third Party Dispute Service" means a third-party dispute resolution service provider used to resolve ay disputes between Users.
"Third Party Services" means the promotions and links to services offered by third parties as may be featured on the Bountly Platform from time to time.
"User" means the person who has signed up to use the Bountly Platform, whether as the Service Seeker, Service Provider, or otherwise.
"Verification Icons" means the icons available to be displayed on a User's profile and any such posts on the Bountly Platform to confirm details internally verified by Bountly such as a User's qualification, license, certificate or other skill.
"Worker Payment" means the taskPayment less ay Fees.
Rules of Interpretation:
In the Bountly Agreement and all Policies, except where the context otherwise requires:
(a) the singular includes the plural and vice versa, and a gender includes other genders;
(b) another grammatical form of a defined word or expression has a corresponding meaning;
(c) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
(d) a reference to R is to South Africa currency; ZAR.
(e) a reference to time is to the time in South Africa;
(f) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(g) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(h) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
(i) headings are for ease of reference only and do not affect interpretation;
(j) any agreement, representation, warranty or indemnity in favor of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
(k) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or ay part of it.
Updated March 2018. Copyright Bountly.co 2018.