You are advised to read these terms and conditions carefully before using this Web Portal. By using this Web Portal you are deemed to have read and accepted these terms and conditions.
Our Web portal is owned and operated by Alpha Relation Sdn Bhd ("iRisk"), a company incorporated in Malaysia.
The contents of our Website are intended for your personal use only. All materials published on this Website (including but not limited to articles, advertisements, images, illustrations also known as the "Content") are protected by copyright, trademarks or other intellectual property rights, and are owned or controlled by iRisk, or the party credited as the provider of the Content.
Browser Access and Internet Services
As part of offering our Services, iRisk will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, subscription to, or use of, the Service shall be deemed to be your agreement to abide by these terms and conditions, including but not limited to iRisk's privacy policies. By utilizing encrypted browser interface, you may access the Services. You are responsible for obtaining browser capable of sufficiently high level of encryption to meet the systems requirements we establish from time to time. Your use of any browser may also be subject to the license agreements of the browser and manufacturer, in addition to these terms and conditions. You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open network such as the Internet and you hereby expressly assume such risks (to the extent the law allows you to do so). You acknowledge that you are using the Service for your convenience, have made your own independent assessment of the adequacy of the Internet as a delivery mechanism for accessing information and initiating instructions and that you are satisfied with the assessment. We are not responsible for any Internet access services.
Online Transaction Fee and Refund Policy
For every online transaction (payment of maintenance fee) , a processing fee will be charged to you.
Your final amount payable inclusive of this fee is clearly indicated on the payment page, before you proceed with making the payment.
All payments made via our portal are non refundable and will be channeled to your Joint Management Body (JMB) or Management Corporation (MC) or Resident Association (RA).
License Grant and Restrictions
Unless specifically provided hereunder, or provided in the functionality of a Service, User shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) co-brand (i.e., display any name, logo, trademark or other means of attribution or identification of any party in such a manner reasonably likely to give a user the impression that such other party has the right to display, publish or distribute the Service or content accessible through the Service) the Service, the Content or any portion thereof; (iv) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device (whereby the Service or portion thereof will appear on the same screen with a portion of another website); or (v) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User agrees to cooperate with iRisk in causing any unauthorized co-branding, framing or linking to immediately cease. User licenses may be used by any number of employees, representatives, consultants, contractors or agents within a single User organization, but cannot otherwise be shared or used by more than one User entity.
User is solely responsible for all activity occurring with regard to User's account(s) and shall abide by all applicable local and foreign laws, treaties and regulations in connection with User's use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. User shall: (i) notify iRisk immediately of any unauthorized disclosure or use of any password or account or any other known or suspected breach of security; (ii) report to iRisk immediately and use reasonable efforts to stop immediately any copying or distribution or redistribution of Content that is known or suspected by User; and (iii) not use the log in credentials of or impersonate another iRisk user or provide false identity information to gain access to or use the Service.
In addition, User is solely responsible for the User Content, as well as all visual, written or audible communications sent by User. User further agrees not to use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, and indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Although iRisk is not responsible for any such communications, iRisk reserves the right, but shall not be obligation to, delete any such communications of which iRisk becomes aware, at any time without notice to User.
Account Information and User Data
Users of the Service will be using the Site to host User Data. User Data means all data, in whatever form including photographs and other advertising content, entered into the Service by provided to iRisk or its affiliates by User or its agents to be loaded into the Service, or data entered into the Service by third parties visiting the Site. User Data may at times be viewed, accessed or utilized by iRisk in a non-Aggregated Form for the purpose of resolving an issue, improving customer support or the Services, investigating a suspected violation, or as may be required by law.
Users are responsible for maintaining the confidentiality and security of their user registration and password.
ACCEPTANCE OF TERMS
- 1). Membership and Accessibility
- 2). LICENSE TO ACCESS
MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Product is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Product and Services offered through this Product do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we believe that you are under the age of 18 or that you are not complying with any applicable federal, state or local laws, rules or regulations.
You need to register and create a password-protected account ("Account") with iRisk to visit and view the Product, to access and participate in certain features of the Product. To create an account, you must submit your name and email address through the account registration page on the Product and create a password. The respective Property Management will need to approve your account before you can start using the products and services in iRisk.
You are solely responsible for safeguarding your iRisk password at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify iRisk immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Product and/or the Services offered through the Product. You hereby acknowledge and agree that iRisk will not be liable for your losses caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of iRisk or others due to such unauthorized use. An Account holder is sometimes referred to herein as a "Registered User."
You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):
- You will not copy or distribute any part of the Product in any medium without iRisk's prior written authorization.
- You will not alter or modify any part of the Product other than as may be reasonably necessary to use the Product for its intended purpose.
- You will provide accurate and complete information when creating your Account.
- You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Product for any purpose without iRisk's prior written approval.
- You shall not in any manual or automated manner collect service professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Product information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
- You shall not in any way that transmits more request messages to the iRisk servers, or any server of a iRisk subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. iRisk reserves the right to revoke these exceptions either generally or in specific cases.
- You shall not recruit, solicit, or contact in any form service professionals or Service Users for employment or contracting for a business not affiliated with iRisk without express written permission from iRisk.
- You shall not take any action that (i) unreasonably encumbers or, in iRisk's sole discretion, may unreasonably encumber the Product's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Product or any third-party participation in the Product; or (iii) bypasses iRisk's measures that are used to prevent or restrict access to the Product.
- You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Product, nor to use the communication systems provided by the Product for any commercial solicitation purposes.
If you do not meet, or are unable to comply with, any of the above-referenced membership eligibility criteria or Account Policies, please do not use the Product. Should iRisk find that you violated the terms of the membership eligibility criteria or any other terms stated herein, iRisk reserves the right, at its sole discretion, to immediately terminate your use of the Product.
- 1). PROHIBITIONS ON SUBMITTED CONTENT
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Product, including your profile ("Profile"), the posting of your Service ("Offer"), the posting of your desired Service ("Want"), or the posting of any opinions or reviews in connection with the Product, the Service, the service professional, or the Service User ("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
- invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
- contains falsehoods or misrepresentations that could damage iRisk or any third party;
- is pornographic, harassing, hateful, illegal, obscene, defamatory, libellous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
- is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant iRisk all of the license rights granted herein;
- contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacturer installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
- is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
- intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on Products or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a iRisk employee, agent, manager, host, another user, or any other person though any means;
- advertises or solicits a business not related to or appropriate for the Product (as determined by iRisk in its sole discretion);
- contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
- contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
- distributes or contains viruses or any other technologies that may harm iRisk, or the interests or property of iRisk users;
- is non-local or irrelevant content;
- contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of iRisk.
- 2). PROHIBITIONS ON SENDING MESSAGES
You will not send messages to other users containing:
- offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or
- unsolicited advertising or marketing of a service not offered on the Product or an external Product.
- 3). NO DISCRIMINATION
Employment Postings. Federal, state and local laws prohibit employment postings with any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. iRisk will not knowingly accept any Posting for employment which is in violation of the law. iRisk has the right, in its sole discretion and without prior notice to you, to immediately remove any employment Posting that discriminates or is any way in violation of any federal, state, or local law.
- 4). PROHIBITIONS WITH RESPECT TO SERVICES
While using the Product, you shall not:
- post content or items in any inappropriate category or areas on the Product;
- fail to deliver payment for Services purchased by you, unless the service professional has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the service professional's identity;
- fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User's identity; manipulate the price of any Service or interfere with other users' Postings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to iRisk; post false, inaccurate, misleading, defamatory, or libellous content (including personal information about any Product user);
- take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Product or using it for purposes unrelated to the Product);
- 5). FACILITY BOOKING TERMS AND CONDITIONS
All facility bookings performed via iRisk are subject to the following terms and conditions:
- Deposits (if required) must be paid to management at least 2 days before the session date, otherwise your booking will be cancelled.
- In the event of a cancellation, any prior payments you made will be forfeited.
- All online payments are non-refundable.
For any booking and payment disputes on facility bookings, please contact your respective property management office directly. You further acknowledge and agree that iRisk shall not be liable to you or any third party on such disputes, which includes but not limited to booking arrangements, payments and refunds.
As a participant in the Product, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the service professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a service professional or a Service User from leaving Feedback.
- Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, iRisk, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.
- Reporting Inappropriate Use of Feedback. You may contact iRisk regarding any inappropriate use of Feedback via-email at firstname.lastname@example.org.
- Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Product concerning Feedback, iRisk shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE PRODUCT CONCERNING FEEDBACK, iRisk HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFOR.
The foregoing lists of prohibitions provide examples and is not complete or exclusive. iRisk reserves the right to (a) terminate your access to your Account, your ability to post to this Product (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that iRisk determines is inappropriate or disruptive to this Product or to any other user of this Product and/or Services. iRisk reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that iRisk deems appropriate in iRisk's sole discretion. iRisk may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at iRisk's discretion, iRisk will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Product or on the Internet. iRisk does not and cannot review every Posting posted to the Product. These prohibitions do not require iRisk to monitor, police or remove any Postings or other information submitted by you or any other user.
- 1). Rules for service professionals
- 2). PROFILES AND OFFERS MUST NOT BE FRAUDULENT
PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT iRisk FEES
PPROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL PRODUCT USERS
SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS
If a service professional violates any of the above-referenced rules in connection with his or her Posting, iRisk, 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 cancelled Posting; and/or (e) decrease the service professional's status earned via the Feedback page.
- 1). Rules for Service Users
- 2). 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 service professional'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 iRisk in connection with the use or purchase of any Service.
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, iRisk, 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.
- 1). Use of Submitted Content
- 2). NO CONFIDENTIALITY
The Product may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Profile picture, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, iRisk does not guarantee any confidentiality with respect to any Submitted Content.
You agree that any Submitted Content provided by for which you authorize to be searchable by Registered Users who have access to the Product is provided on a non-proprietary and no confidential basis. You agree that iRisk shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
YOUR REPRESENTATIONS AND WARRANTIES
YOUR OWNERSHIP RIGHTS AND LICENSE TO iRisk
You acknowledge and understand that the technical processing and transmission of the Product, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You may remove your Submitted Content from the Product at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
iRisk'S DISCLAIMERS AND RIGHT TO REMOVE
- You acknowledge and understand that when using the Product, you will be exposed to Submitted Content from a variety of sources, and that iRisk is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against iRisk with respect thereto, and agree to indemnify and hold iRisk, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Product.
- You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Product, or transmit to other Product users. You understand and agree that iRisk may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Product users or others.
If you send or transmit any communications, comments, questions, suggestions, or related materials to iRisk, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Product, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and iRisk is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that iRisk is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution.
Mandatory Third Party Verification Service
iRisk uses a variety of tools in an effort to make our Product as safe as possible for service professionals and Service Users. Among these tools are interviews and background checks and identification verifications with national databases (such as those associated with MyKad).
By registering as a service professional on the Product, you do hereby consent to allow iRisk to perform the background checks and verifications. You hereby authorize iRisk to verify your representations and warranties herein, and you acknowledge that iRisk reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion. You agree to indemnify and hold harmless iRisk from any loss or liability that may result from the identity checks. In addition, you do hereby represent, understand and expressly agree that iRisk offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service and/or the information provided by the third-party verification service. iRisk retains the right to terminate your iRisk membership based on the information provided by this third party verification service.
Optional Third Party Verification Services
iRisk uses a variety of tools in an effort to make our Product as safe as possible for service professionals and Service Users. Among these tools are name verification, address verification, social security number verification, and criminal background checks for service professionals. iRisk may use a third party to identification and perform criminal background checks.
iRisk also seeks to allow service professionals to showcase their professional license credentials.
iRisk may make these or other third-party verification services available to service professionals and Service Users. Service professionals and Service Users may use these services to verify information such as, but not limited to, name, address, national id number, criminal background, and professional license credentials. By requesting to use, registering to use, and/or using the Product, you represent and warrant that you and each member of your household have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others. You hereby authorize iRisk to verify your representations and warranties herein, and you acknowledge that iRisk reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion.
If you decide to use or access information provided by a third-party verification service offered through the Product, you do hereby represent, understand and expressly agree that iRisk offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service and/or the information provided by the third-party verification service. In addition, you understand that iRisk may review the information provided by the third-party verification service and that iRisk retains the right to terminate your iRisk membership based on the information. You affirm that all of the information you provide to iRisk as part of these third-party verification services is correct, complete, and applicable to you.
Service professionals may choose whether to make the information obtained from third-party verification services public on iRisk. If you decide to share any information from a third-party verification service publicly, you understand that the information in the report may factor into other party's decisions to engage you as a service professional. You agree to indemnify and hold harmless iRisk from any loss or liability that may result from your sharing this report publicly.
Copyright Infringement Take Down Procedure
Pursuant to laws of Malaysia, iRisk has established policies for dealing with alleged and actual copyright and trademark infringement. If you believe that your work has been copied and posted on the Product in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to our Copyright Agent: (i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Product, and information reasonably sufficient to permit iRisk to locate the material.; (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law; (iv) information reasonably sufficient to permit iRisk to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and (vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."
iRisk's designated Copyright Agent can be contacted via e-mail at email@example.com.
You acknowledge that if you fail to comply with all of the requirements, your Notice may not be valid. iRisk will remove any infringing material. Notwithstanding iRisk's instructions above, you are solely responsible for ensuring that any Notice you provide to iRisk complies with any legal requirements.
Modifications to or Termination of Product
- 1). MODIFICATION OR CESSATION OF PRODUCT
iRisk reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice and in its sole discretion. You agree that iRisk shall not be liable to you or to any third party for any modification, suspension or discontinuance of iRisk services.
TERMINATION BY iRisk
TERMINATION BY YOU
EFFECT OF TERMINATION
Unless iRisk has previously cancelled or terminated your use of the Product (in which case subsequent notice by iRisk shall not be required), if you provided a valid email address during registration, iRisk will notify you via email of any such termination or cancellation, which shall be effective immediately upon iRisk's delivery of such notice.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of iRisk Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that iRisk shall not be liable to you or any third party for any termination of your access to the Product. Upon Termination of Service, iRisk retains the right to use any data collected from your use of the Product for internal analysis and archival purposes, and all related licenses you have granted iRisk hereunder shall remain in effect for the foregoing purpose. In no event is iRisk obligated to return any Submitted Content to you. Sections G, J, K, L, M, N, O, Q, R, S, T, U, V, W, and X, shall survive expiration or termination of the Product or your Account.
You agree to indemnify and hold iRisk, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.
Intellectual Property Rights
- 1). iRisk OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE PRODUCT
The content on the Product (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by iRisk, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Other trademarks, names and logos on this Product are the property of their respective owners.
Data on the Product is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. iRisk reserves all rights not expressly granted in and to the Product and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Product for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Product or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Product or the Data therein.
iRisk'S LICENSE TO YOU FOR THE USE OF DATA AND MARKS
The Product may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
- 1). FEES INCURRED BY SERVICE PROFESSIONALS
Joining iRisk, responding to job leads generated by iRisk is currently free. However, iRisk reserves the right at its sole discretion to charge fees to service professionals for services that iRisk may provide, including but not limited to fees for contacting Service Users, responding to job leads generated by iRisk, or conducting transactions with Service Users through iRisk. Fees may be deduced from prepaid credits purchased by a service professional. You understand that service credits are non-refundable. We will not be responsible for any lost or stolen codes used to 'top-up' your account with credits.
iRisk offers premium and featured services to service professionals for a fee and may in the future offer additional services, like tax preparation and book keeping, that service professionals can also choose to purchase. iRisk reserves the right to charge fees for these services at its sole discretion.
- 2). FEES INCURRED BY SERVICE USERS
Joining iRisk, viewing posted Services and requesting for services is free. iRisk currently charges Service Users no fees for transactions completed on the Product between Service Users and Services Professionals. However, iRisk reserves the right to charge a fee to Service Users in the future on a per-transaction basis, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after iRisk has provided you with fourteen (14) days' notice by posting the changes on the Product.
- 3). PAYMENT
- 4). TAXES
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.
- 5). REFUND POLICY
All sales on iRisk are final and non-refundable.
Negotiation of Terms of Service; Disputes Between Registered Users
- 1). NEGOTIATION WORKSHEET AND CONTRACT TEMPLATE
As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, iRisk 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 Product, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel. iRisk 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 Products, including, without limitation, the Negotiation Worksheet. In no way will iRisk be responsible for any actions taken or not taken based on the information or resources provided on this Product. 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 Product, however provided.
- 2). iRisk IS NOT A PARTY TO ANY SERVICE CONTRACT
Each Registered User hereby acknowledges and agrees that iRisk 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 Product.
- 3). NO AGENCY OR PARTNERSHIP
- 4). DISPUTES BETWEEN REGISTERED USERS
Subject to the provisions regarding disputes between Product participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Product, 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 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 iRisk does not and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Product and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT iRisk 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 PRODUCT, OR BETWEEN REGISTERED USERS OR ANY PRODUCT USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT iRisk IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE PRODUCT USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE iRisk, 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 PRODUCT OR ANY SERVICE PROVIDED THEREUNDER.
Aspects of the Product and other iRisk services may be supported by advertising revenue. As such, iRisk may display advertisements and promotions on the service. The manner, mode and extent of advertising by iRisk on the Product are subject to change and the appearance of advertisements on the Product does not necessarily imply endorsement by iRisk of any advertised products or services. You agree that iRisk shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Product.
Third-party Links, Contact Forms and Phone Numbers
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE PRODUCT SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, iRisk AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PRODUCT, THE SERVICES OFFERED ON OR THROUGH THIS PRODUCT, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PRODUCT, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS PRODUCT, THE SERVICES OFFERED ON OR THROUGH THIS PRODUCT, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PRODUCT IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. iRisk DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PRODUCT OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PRODUCT OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRODUCT. iRisk DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PRODUCT OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. iRisk WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
1). IN NO EVENT SHALL iRisk, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE PRODUCT OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS VIA THE PRODUCT, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE PRODUCT, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE PRODUCT IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PRODUCT OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PRODUCT OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE PRODUCT; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PRODUCT OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT iRisk IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Indemnification and Release
IF YOU HAVE A DISPUTE WITH ONE OR MORE PRODUCT USERS, YOU FOREVER RELEASE iRisk (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PRODUCT AND/OR ANY SUBMITTED CONTENT.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS Q AND R MAY NOT APPLY TO YOU.
No Third-party Beneficiaries
No Third-party Beneficiaries
- 2). STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the Product must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- 3). SECTION HEADINGS