ImmiNet (also referred to as “We” or “Us“) is a safe marketplace, designed to connect immigrants and service providers (“Services“).
This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Quality of Service. ImmiNet assumes no liability for the performance of any services under the Site, or for any damages that may result from the use of the ImmiNet, or the services provided by Providers. Your use of the Services is at your own risk.
Clients may not submit proposals or solicit Providers introduced through ImmiNet to contract, engage with, or be paid outside of ImmiNet. All information and file exchanges must be performed exclusively on ImmiNet platform. ImmiNet does not provide protection for Clients who interact outside of the ImmiNet marketplace.
ImmiNet does not warrant that the Services will meet your specific requirements and/or expectations.
Non-Permitted Usage. Any of the following shall be deemed as prohibited usage: using a profile photo that misrepresents your identity or represents you as someone else; allowing another person to use your account; duplicating or sharing accounts.
User Generated Content. ImmiNet does not check Clients’ and or Providers’ information for accuracy, appropriateness, violations of copyright, trademarks, other rights or violations. Furthermore, ImmiNet is not responsible for the content, quality or the level of service provided by the Providers.
Payments. All payments to Providers must be made through the Site, once an order has been created by Clients. Payments shall be held by us in escrow until such time as both Client and Provider approve the completion of the services, and shall be wired to you immediately thereafter. Notwithstanding the foregoing, initially, you shall be entitled to receive payments directly from Clients, provided, that such payments are reported to ImmiNet upon receipt. You shall be responsible to comply with any applicable tax laws. All appearing prices shall be net, exclusive of tax or other regulatory withholdings.
Fees. Within 7 days from your receipt of the payment for the service provided, you shall pay us a Service Fee in the amount of 15% of any payments generated by services provided by you to Clients, whether or not such payments were made through the Site.
Discrimination. ImmiNet welcomes all Clients, regardless of where they come from or to where they would like to immigrate. Discrimination against any Client based on race, age, sexual preference, religion or otherwise is not acceptable and may result in the removal of your account. Abusive, violent or improper language will also not be tolerated, and may result in the removal of your account.
Non-Permitted Usage. Any of the following shall be deemed as prohibited usage: fraudulently billing or attempting to fraudulently bill any Client; misrepresenting your experience, skills, credentials, or information, including by representing another person’s profile, or parts of another person’s profile, as your own; using a profile photo that misrepresents your identity or represents you as someone else; allowing another person to use your account; falsely stating that one Provider will perform the services when another will in fact perform the services, including submitting a proposal on behalf of a service provider that is unable, unwilling, or unavailable to do the work; requesting a fee before the services have been provided; duplicating or sharing accounts;
User Generated Content. ImmiNet does not check Clients’ and or Providers’ information for accuracy, appropriateness, violations of copyright, trademarks, other rights or violations. Furthermore, ImmiNet is not responsible for the content, quality or the level of service provided by the Providers. By offering a service, you undertake that you have sufficient permissions, proficiency, rights and/or licenses to provide the service that is offered on ImmiNet.
Violation of any of the terms herein will result in the termination of your account without notice. ImmiNet prohibits inappropriate, offensive and illegal conduct while using the Services (including with respect to conduct and content in any product resulting from use of the Services). While ImmiNet prohibits such conduct and content with respect to the Services, you understand and agree that ImmiNet cannot be responsible for the content posted, shared or produced by the users using the Services and you shall bear sole responsibility for any such illegal content or conduct posted, shared or produced using the Services. You agree to use the Services at your own risk.
You acknowledge that ImmiNet is not obligated to pre-screen content submitted by users, but that ImmiNet shall have the right (but not the obligation) in its sole discretion to refuse or remove any content that is made available via ImmiNet by any user that violates the Term of Use or is otherwise objectionable.
You must provide valid information for the registration process in order to access the Services and you shall maintain the accuracy of such information.
You are responsible for maintaining the security of your account and password. You are solely responsible for any and all use of your account and actions taken under your account. You agree to notify ImmiNet immediately if you believe your account has been accessed or used without your permission. ImmiNet cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using ImmiNet Site and Services. ImmiNet is not responsible for any damage or losses caused by your failure to comply with this security obligation or the unauthorized use of your account. You, however, may be responsible to ImmiNet for any harm ImmiNet incurs due to unauthorized use of your account.
Your right to use the Site and Services is nontransferable and any password given to you is nontransferable. You grant ImmiNet and all other persons or entities involved in the operation of the Site the right to transmit, monitor, store, retrieve and use your information in connection with the operation of the Site.
Client Protection and Dispute Resolution
Confirmation of Completion of Services. Once Provider has notified us of completion of the services, we will notify Client, who shall have 7 days to either confirm completion of the services, or open a dispute with respect of the subject services (“Confirmation Period“). In the event that Client confirms the completion of services, or do not respond by the lapse of the Confirmation Period, we will wire the payment to the Provider, after deduction of applicable Fee.
Dispute Resolution. In the event that within the Confirmation Period Client disputes the completion of the services by making a claim with the Site’s Resolution Center, we will notice Provider of the dispute, and the parties shall have 14 days to amicably negotiate and resolve the dispute. If by the end of the aforementioned 14 days Client and Provider didn’t reach a resolution, ImmiNet shall solve the dispute and make a final decision with respect of the dispute, within 30 days thereafter. For the purpose of the above, ImmiNet may request you to provide documentation, or other information with respect of the services, to which you should comply in a timely manner. ImmiNet retains full discretion to make a final decision in favor of Client or Provider, and such decision shall be final and binding upon both Client and Provider. In accordance with its decision, Imminet will either fully refund Client, or wire the payment to Provider, after deduction of Fee.
ImmiNet in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future uses of the Services, or any other of ImmiNet services for any reason at any time and without liability or refund of monies paid. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account.
Ownership of Service & Content
The Site and Services remain at all times the sole property of ImmiNet. ImmiNet does not claim ownership of any contents that you may submit. However, by submitting content, you grant us, our subsidiaries, affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully-paid, non-exclusive, and sub-licensable license to use, copy, display, distribute, modify, adapt, publish, translate, publicly perform and publicly display the content (in whole or in part).
Your permission to use the Services and Site does not grant you the right to re-use content or materials from the Site. Content and materials posted to the Site may be the copyrighted content of other users and you must obtain permission from the owners of any materials before copying, distributing or otherwise using posted materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, INCLUDING ANY CONTENT, APPLICATIONS, OR MATERIALS PROVIDED THEREUNDER, ARE PROVIDED ON AN “AS IS” BASIS AND IMMINET HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, SERVICES, PERFORMANCE, LEVEL OF SERVICES, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING: (A) IMMINET CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES AND IMMINET SPECIFICALLY DOES NOT MAKE ANY CLAIM OR WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT OR ANY USER COMMUNICATION OR MESSAGE; (B) IMMINET DOES NOT REPRESENT OR WARRANT THAT APPLICATIONS, CONTENT, DATA OR MATERIALS ON THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND, ACCORDINGLY, YOU SHOULD ALWAYS EXERCISE CAUTION IN THE USE OF ANY SUCH, APPLICATIONS, CONTENT, DATA OR MATERIALS AND USE INDUSTRY- RECOGNIZED SOFTWARE TO DETECT AND DISABLE OR BLOCK VIRUSES, MALWARE AND OTHER MALICIOUS CODE; (C) YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, ACCESS OR OTHERWISE OBTAIN APPLICATIONS, CONTENT, DATA AND MATERIALS FROM THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE PHONE OR MOBILE DEVICE OR COMPUTER SYSTEM, ANY LOSS OF DATA, AND ANY OTHER DAMAGE OR HARM OF ANY KIND THAT MAY RESULT THEREFROM; (D) IMMINET IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY MOBILE PHONE OR MOBILE DEVICE, TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S MOBILE PHONE OR MOBILE DEVICE OR COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICES; (E) UNDER NO CIRCUMSTANCES WILL IMMINET BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICE, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SERVICES; AND (F) THE PROVIDER IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS AND WAIVERS OF LIABILITY CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT(S) OR ANY SERVICES. THE EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICES.
Limitation of Liability
IN NO EVENT WILL IMMINET, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IMMINET IS AWARE OF OR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY USER, SERVICE PROVIDER OR THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, IN NO EVENT SHALL IMMINET ‘S LIABILITY TO YOU EXCEED THE AMOUNT ACTUALLY PAID DIRECTLY TO IMMINET BY YOU DURING THE PRECEDING 6 MONTHS.
THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICE.
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 may not apply to you, in which case ImmiNet’s liability to you will be limited to the fullest extent permitted by applicable law. The exclusions and limitations of liability in these Terms of Service will apply notwithstanding any failure of essential purpose of any limited remedy.
You agree to defend, indemnify and hold ImmiNet, its third parties, successors, officers, directors, employees, agents, licensors, suppliers and service providers (and their successors, officers, directors, and employees) harmless from and against any and all claims, demands, costs, liabilities, judgment, losses, expenses and damages (including attorneys’ fees), resulting from, or alleged to result from:
ImmiNet may use third party services to augment or enhance its Services. ImmiNet is not responsible for services offered by other companies and cannot be held liable for their actions, including but limited to any resulting damages, defects or failures.
Governing Law and Jurisdiction:
Integration and Severability: