Dzinnapp Terms & Conditions

 

About

 

DzinnApp operates an online platform allowing Users to connect through the DzinnApp Platform with other Users who provide Services.

Please read these terms, conditions and all Policies including the Privacy Policy carefully before using the DzinnApp Platform. These Policies are incorporated into this Agreement by reference.

All defined terms in this Agreement have the meaning given to them in the DzinnApp Glossary below.

Dzinnapp Glossary

 

·         "ICL" means the Republic of Ireland Consumer Law.

·         "Agreement" means the most updated version of the agreement between DzinnApp and a User.

·         "Agreed Price" means agreed price for Services (including any variation) paid into the Dzinnapp account by the Poster but does not include any costs incurred by the Tasker when completing Services which the Poster agrees to reimburse.

·         "DzinnApp" "we" "us" "our" “Dzinn” means DzinnApp or the company S4 Tech App Ltd.

·         "DzinnApp 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 DzinnApp.

·         "DzinnApp Platform" means the DzinnApp website at Www.Dzinnapp.com or Dzinn smartphone app, and any other affiliated platform that may be introduced from time to time.

·         "DzinnApp Service" means the service of providing the DzinnApp Platform.

·         "Badge" means a DzinnApp Badge and Verification Icon.

·         "Business Day" means a day on which banks are open for general business in the Republic of Ireland, other than a Saturday, Sunday or public holiday.

·         "Business Partner Contract" means a contract between a Business Partner and a Tasker to perform Business Services.

·         "Business Partner" means the business or individual that enters into an agreement with DzinnApp to acquire Business Services.

·         "Business Services" means Services provided by a Tasker to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner's customer).

·         "Cancellation Admin Fee" means the Fee payable by a Poster for cancelling a Task Contract.

·         "Consequential Loss" means any loss, damage or expense recoverable at law:

                    Other than 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

                    Which is a loss of:

§  opportunity or goodwill;

§  profits, anticipated savings or business;

§  data; or

§  value of any equipment,

§  and any costs or expenses incurred in connection with the foregoing.

·         "Consumer Guarantees" means the consumer guarantees contained in Part 3-2 of the ICL.

·         "Escrow Account" means the escrow account.

·         "Escrow Provider" means an entity that manages the Escrow Account (which may include DzinnApp or its related bodies corporate).

·         "Fees" means all fees payable to DzinnApp by Users including the Service Fee.

·         "Identity 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, DzinnApp Badges and Verification Icons.

·         "Marketing Material" means any updates, news and special offers in relation to DzinnApp 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 Tasker in response to a Posted Task to perform the Services.

·         "Personal Information" has the same meaning as described in the Privacy Policy.

·         "Policies" means the policies posted by DzinnApp on the DzinnApp Platform, including but not limited to the Privacy Policy and Community Guidelines.

·         "Poster" means a User that posts on the DzinnApp Platform in search of particular Services.

·         "Posted Task" means the Poster's request for services, and includes the deadline for completion, price and description of the Services to be provided.

·         "Privacy Policy" means the privacy policy which is available at http://dzinnapp.com/privacy

·         "Reference" means a feature allowing a User to request other Users to post a reference on the DzinnApp Platform endorsing that User.

·         "Service Fee" means the fee payable by the Tasker to DzinnApp as consideration for the DzinnApp Services (and comprised as part of the Agreed Price) displayed to a Tasker prior to entering into each Task Contract.

·         "Services" means the services to be rendered as described in the Posted Task, including any variations or amendments agreed before or subsequent to the creation of a Task Contract.

·         "Site" means the website at https://dzinnapp.com

·         "Task Contract" means the separate contract which is formed between a Poster and a Tasker for Services. In the absence of, or in addition to, any terms specifically agreed, the model terms of which are included in Appendix A to the Agreement apply to Task Contracts.

·         "Tasker" means a User who provides Services to Posters.

·         "Tasker Funds" means the Agreed Price less the Service Fee.

·         "Third Party Dispute Service" means a third party dispute resolution service provider used to resolve any disputes between Users.

·         "Third Party Service" means the promotions and links to services offered by third parties as may be featured on the DzinnApp Platform from time to time.

·         "User" or "You" means the person who has signed up to use the DzinnApp Platform, whether as the Poster, Tasker, or otherwise.

·         "Verification Icons" means the icons available to be displayed on a User's profile and any such posts on the DzinnApp Platform to confirm details such as a User's qualification, license, certificate or other skill.

Scope of Dzinnapp/Dzinn Services

 

1.1 DzinnApp provides the Dzinn Platform to enable Posters to publish Posted Tasks.

1.2 Taskers may make an Offer in response to a Posted Task. Some parts of Offer details may be made publicly available, including to internet users who are not Users.

1.3 A Poster may revoke or modify a Posted Task at any time before he/she accepts an Offer. DzinnApp reserves the right to cancel all Offers on a Posted Task made prior to the modification or amendment.

1.4 If a Poster accepts an Offer on the DzinnApp Platform, a Task Contract is created between the Tasker and the Poster.

1.5 Upon creation of a Task Contract, the Poster must pay the Agreed Price into the Escrow Account, i.e. through the Dzinn Platform.

1.6 Upon creation of the Task Contract, DzinnApp has rendered DzinnApp Services and the Service Fee is due and payable.

1.7 Once the Task Contract is created, the Tasker and Poster may vary the Task Contract on the DzinnApp Platform. The Poster and Tasker are encouraged to vary the Task Contract (including the Agreed Price) or to otherwise communicate.

1.8 The Tasker must perform the Services required under the Task Contract, including in accordance with any additional terms or conditions agreed by the parties.

1.9 Once the Services are complete, the Poster must provide notice of that on the DzinnApp Platform.

1.10 Once the Posted Task has been completed and the Poster confirms the Services are completed, or if DzinnApp is satisfied the Services have been completed, the Tasker Funds will be released from the Escrow Account.

1.11 After the Task Contract is completed, the parties are encouraged to review and provide feedback of the Services on the DzinnApp Platform.

1.12 DzinnApp 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 Poster 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 Tasker for the Posted Task

Dzinnapp’s Role and Obligations

 

2.1 DzinnApp provides the DzinnApp Platform only, enabling Users to publish Posted Tasks and make Offers on Posted Tasks.

2.2 DzinnApp only permits individuals over 18 years of age to become Users.

2.3 Users must be natural persons, but can specify within their account description that they represent a business entity.

2.4 At its absolute discretion, DzinnApp may refuse to allow any person to register or create an account with DzinnApp or cancel or suspend any existing account.

2.5 Registering and creating an account with DzinnApp is free. There is no charge for a Poster to post tasks, or for other DzinnApp Users to review content on the DzinnApp Platform, including Posted Tasks.

2.6 DzinnApp accepts no liability for any aspect of the Poster and Tasker interaction, including but not limited to the description, performance or delivery of Services. Poster and Taskers must use reviews to give feedback or use them to make decision on whom to award a task.

2.7 DzinnApp has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Taskers to perform tasks or supply items, or the honesty or accuracy of any information provided by Posters or the Posters' ability to pay for the Services requested.

2.8 Except for liability in relation to any Non-excludable Condition, the DzinnApp Service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, our suppliers and we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

2.9 DzinnApp has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.

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 DzinnApp Platform;

(c) Promptly and efficiently perform obligations to other User under a Task Contract; and

(d) Ensure that you are aware of any laws that apply to You as a Poster or Tasker, or in relation to using the DzinnApp Platform.

3.2 You agree that any content (whether provided by DzinnApp, a User or a third party) on the DzinnApp Platform may not be used on third party sites or for other business purposes without DzinnApp's prior permission.

3.3 You must not use the DzinnApp Platform for any illegal or immoral purpose.

3.4 You must maintain control of Your DzinnApp account and must not deal your account in any way, including by 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 DzinnApp an unrestricted, worldwide, royalty-free license to use, reproduce, modify and adapt any content and information posted on the DzinnApp Platform for the purpose of publishing material on the DzinnApp Platform and as otherwise may be required to provide the DzinnApp Service, for the general promotion of the DzinnApp Service, and as permitted by this Agreement.

3.6 You agree that any information posted on the DzinnApp Platform must not, in any way whatsoever, be potentially or actually harmful to DzinnApp or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by DzinnApp.

3.7 Without limiting any provision of this Agreement, any information you supply to DzinnApp or publish in a Posted Task (including as part of an Offer) 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, antidiscrimination and trade practices/fair trading laws);

*(e) be defamatory, libelous, threatening or harassing;

*(f) be obscene or contain any material that, in DzinnApp'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 DzinnApp 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 DzinnApp Platform may from time to time engage location-based or map-based functionality. The DzinnApp Platform may display the location of Posters and Taskers to persons browsing the DzinnApp Platform. Each Poster will be asked to provide the street and suburb where the Services are to be delivered. A Poster should never disclose personal details such as the Poster's full name, street number, phone number or email address in a Posted Task or in any other public communication on the DzinnApp Platform.

3.9 If you are a Tasker, You must have the right to provide Services under a Task Contract and to work in Republic of Ireland. You must comply with tax and regulatory obligations in relation to any payment (including Tasker Funds) received under a Task Contract.

3.10 Taskers must provide Services to Posters in accordance with the Task Contract, unless the Services are prohibited by law, this Agreement, an agreement between the User and a third party or by any of our Policies.

3.11 You must not, when supplying Services, charge a Poster any fees on top of the Tasker Funds. However, the parties to a Task Contract may agree to amend the Agreed Price through the DzinnApp Platform.

3.12 You must not request payments outside of the DzinnApp Platform from the Poster except to the extent permitted by clause 3.13 and only if the DzinnApp Platform does not facilitate the reimbursement via the Escrow Account of costs considered in clause 3.13.

3.13 If a Tasker agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Tasker is solely responsible for obtaining any reimbursement from the Poster. DzinnApp advises Taskers not to agree to incur costs in advance of receiving the payment for these costs, unless the Tasker is confident the Poster will reimburse the costs promptly.

3.14 If DzinnApp determines at its sole discretion that You have breached any obligation under this clause 3, it reserves the rights to remove any content, Posted Task or Offer You have submitted to the DzinnApp Service or cancel or suspend Your account and/or any Task Contracts.

3.15 DzinnApp will not be held responsible for content of the reviews given by users of the platform. If any objectionable reviews are posted on DzinnApp, the user can get in touch with Dzinn via the Connect with Admin functionality to raise it, so that it can be reviewed.

Fees

 

4.1 Upon the creation of a Task Contract, the Tasker owes DzinnApp the Service Fee. The Service Fee will automatically be deducted from the Agreed Price held in the Escrow Account.

4.2 If the Posted Task requires a Tasker to incur costs in completing the Services, the cost incurred will not be included in any calculation of Fees.

4.3 Fees do not include any fees that may be due to Third Party Service providers. All Third Party Service providers are paid pursuant to a User's separate agreement with that Third Party Service provider.

4.4 All Fees and charges payable to DzinnApp are non-cancellable and non-refundable, subject to your rights under any Non-Excludable Conditions.

4.5 If DzinnApp introduces a new service on the DzinnApp Platform, the Fees applying to that service will be payable as from the launch of the service.

4.6 DzinnApp may set-off any Fees against any Tasker Funds or other amounts held by DzinnApp on behalf of a User.

4.7 DzinnApp may restrict a User's account until all Fees have been paid.

 

Payments and Refunds

 

5.1 DzinnApp charges 13% of the agreed price as the service fees for the online platform it provides to connect the poster and the tasker. This is deducted from the price agreed to perform a task. The rest of the payment will be credited to the tasker on successful completion of the task.

5.2 If:

(a) The Poster and the Tasker mutually agree to cancel the Task Contract; or

(b) Following reasonable attempts by a Poster to contact a Tasker to perform the Task Contract, the Task Contract is cancelled;

and

(c) DzinnApp is satisfied that the Agreed Price should be returned to the Poster,

then, subject to clause 5.3, DzinnApp will pay the Tasker Funds held in the Escrow Account to the Poster. DzinnApp may also pay to the account of the Poster, on behalf of the Tasker, an additional amount up to the value of the Service Fee collected in connection with the Task Contract.

5.3 Any amount paid by DzinnApp on behalf of a Tasker under clause 5.1 will be a debt owed by the Tasker to DzinnApp.

5.4 If a Task Contract is cancelled:

(a) DzinnApp will retain the Service Fee in accordance with clause 4.1; and

(b) The cancellation will be attributed to the Tasker unless the Tasker can provide evidence to DzinnApp's satisfaction (in its sole opinion) that the Poster caused the cancellation of the Task Contract.

If cancelled by the Poster (as determined by this clause), the Poster must pay the Cancellation Admin Fee. The Cancellation Admin Fee will be equal to the Service Fee that has been charged to the Tasker under the relevant Task Contract (which will not exceed 13% of the Agreed Price). DzinnApp may agree to refund the Service Fee to the Tasker.

5.5 If the parties agree to any additional cancellation fees payable under the Task Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.

5.6 Following resolution of a cancelled Task Contact in accordance with clause 5.1, DzinnApp may take up to 14 days to return the Agreed Price (less the Cancellation Admin Fee, if applicable) to the Poster.

5.7 If, for any reason, the Tasker Funds cannot be transferred or otherwise made to the Tasker or returned to the Poster (as the case may be) or no claim is otherwise made for the Tasker Funds, the Tasker Funds will remain in the Escrow Account until paid or otherwise for up to three months from the date the Poster initially paid the Agreed Price into the Escrow Account.

5.8 Following the 3 months referred to in clause 5.6, and provided there is still no dispute in respect of the Tasker Funds, the Tasker Funds will be automatically converted to credited to the Poster.

 

Business Partners

 

6.1 DzinnApp may enter into agreements with Business Partners and may seek to engage Taskers in the provision of Business Services. Taskers who agree to perform Business Services for Business Partners acknowledge and agree that DzinnApp and the Business Partner may on-sell Services supplied to third parties for an increased fee.

6.2 Business Partners may require Taskers providing Business Services to be approved or hold particular qualifications. DzinnApp may assist Business Partners to locate suitably qualified Taskers. DzinnApp makes no warranty that it will promote any or all suitably qualified Taskers to Business Partners.

6.3 Business Partners may require Taskers to enter into a Business Partner Contract before providing Business Services.

6.4 Where a Tasker accepts a Posted Task with a Business Partner:

(a) the Tasker must provide Business Services to the Business Partner in accordance with the Task Contract and any applicable Business Partner Contract; and

(b) The terms of the Business Partner Contract will prevail to the extent of any inconsistency.

 

Payment Facility

 

7.1 DzinnApp may use an Escrow Provider to operate the Escrow Account.

7.2 In so far as it is relevant to the provision of the Escrow Account, the terms at https://assemblypayments.com are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Escrow Account.

7.3 If DzinnApp changes its payment provider or Escrow Provider You may be asked to agree to any further additional terms with those providers.

Third Party Services

 

8.1 DzinnApp may from time to time include Third Party Services on the DzinnApp Platform. These Third Party Services are not provided by DzinnApp.

8.2 Third Party Services are offered to Users pursuant to the third party's terms and conditions. Third Party Services may be promoted on the DzinnApp Platform as a convenience to our Users who may find the Third Party Services of interest or of use.

8.3 If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.

8.4 DzinnApp makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our DzinnApp Platform, Users may inform DzinnApp of their Third Party Service experience.

Verification and Badges

 

9.1 DzinnApp may use Identity Verification Services.

9.2 You agree that DzinnApp Identity Verification Services may not be fully accurate as all DzinnApp 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 DzinnApp accepts no responsibility for any use that is made of a DzinnApp Identity Verification Service.

9.4 DzinnApp Identity Verification Services may be modified at any time.

9.5 The DzinnApp Platform may also include a User-initiated feedback system to help evaluate Users.

9.6 DzinnApp may make Badges available to Taskers. The available Badge can be requested by the Tasker via the DzinnApp Platform, and arranged on behalf of the Tasker and issued by DzinnApp, for a fee. Obtaining Badges may be subject to the provision of certain information or documentation by the Tasker and determined by DzinnApp or a third party verifier subject to its terms.

9.7 You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent you relied on a Badge in entering into a Task Contract, you do so aware of this limitation. You should seek to verify any Badge with the Tasker prior to commencing the task.

9.8 It remains the Tasker's responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform DzinnApp immediately if a Badge is no longer valid.

9.9 DzinnApp may, at its discretion, issue Badges to Taskers for a fee.

9.10 The issue of a Badge to a Tasker remains in the control of DzinnApp and the display and use of a Badge is licensed to the Tasker for use on the DzinnApp Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the DzinnApp Platform.

9.11 DzinnApp retains the discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by DzinnApp.

Insurance

 

10.1 DzinnApp as of yet does not offer its Users an opportunity to obtain insurance for any Task Contracts. All such insurance will be offered by a third party on the Tasker’s own consent/responsibility and DzinnApp holds no responsibility with regards to the damages incurred in tasks provided on the DzinnApp Platforms. Any application; and terms and conditions for such third party insurance will be displayed on the DzinnApp website when they are available.

10.2 DzinnApp does not represent that any insurance it acquires or which is offered via the DzinnApp Platform is adequate or appropriate for any particular User. Each User must make its own enquiries about whether any further insurance is required.

10.3 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Tasker, DzinnApp holds no legal or moral obligation to interfere between the Posters and the Tasker. Although, it might interfere for better User Experience.

Feedback

 

11.1 Dzinn will not be held responsible for any comments made on the platform, but you can complain about it using the ‘Connect with Admin’ function of the DzinnApp Platform or contact DzinnApp via the DzinnApp Platform.

11.2 DzinnApp is entitled to suspend or terminate your account at any time if DzinnApp, in its sole and absolute discretion, is concerned by any feedback about you, or considers Your feedback rating to be problematic for other DzinnApp Users.

Limitation of Liability

 

12.1 Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, DzinnApp specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Posters and Taskers.

12.2 Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, DzinnApp specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the DzinnApp Platform.

12.3 Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, DzinnApp is not liable for any Consequential Loss arising out of or in any way connected with the DzinnApp Services.

12.4 Except for liability in relation to a breach of any Non-excludable Condition, DzinnApp's liability to any User of the DzinnApp Service is limited to the total amount of payment made by that User to DzinnApp during the twelve month period prior to any incident causing liability of DzinnApp, or €50, whichever is greater.

12.5 DzinnApp's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.

Privacy

 

DZINN manages the information that we collect from you in accordance DZINN manages the collected information in accordance with all applicable privacy legislation and GDPR.

This Privacy Policy describes how DZINN handles your personal information and sets out the rights and obligations that both you and DZINN have in relation to your personal information. By accessing www.dzinnapp.com (the "Site") you accept and agree to the terms and conditions of DZINN's user agreement ("User Agreement"), which includes your consent to, and authorization of, the collection, use and disclosure of your personal information in accordance with this Privacy Policy. Note that under DZINN's terms and conditions of use, you must not use the Site if you are under 18 years old.

 

13.1 Collection and Use of Your Personal Information

DZINN provides a unique, innovative, community-based online outsourcing service. A failure by you to provide information requested by us may mean that we are unable to provide some or all of our services to you.

DZINN collects personal information when you register with DZINN. This may include, but is not limited to, your name, address, phone number, contact details, birth date, gender, credit card and account details, occupation, and interests. We might also give you the option of providing a photo or video to be associated with your DZINN user ID. If your personal details change, it is your responsibility to update your DZINN account with those changes, so that we can keep our records complete, accurate and up to date.

You are not anonymous to us when you log into the Site or post any content (including tasks, items to be supplied, bids, comments or feedback) on the Site or any associated forum. To enable us to improve our existing services and to create new service features, DZINN may collect, and share with other users and service providers on DZINN, information about the way you use our services, including (but not limited to) the transactions you enter into on the Site, your feedback rating (including any references requested using our 'Reference' feature), the bids you make, the comments you post, and the transactions you enter into with our valued affiliate service providers.

 

When you:

use the Site to post a task or item to be supplied, or make a bid, or comment on a bid, or provide feedback on other users, or

otherwise communicate in a public forum on the Site,

your user ID and all the material that you post is visible to other DZINN users and is also publicly available to other internet users. We strongly encourage you to use caution and discretion when posting. DZINN does not in any way control and does not accept any responsibility or liability

whatsoever for, the disclosure or use of personal information which is voluntarily posted by you in any publicly accessible area of the Site.

DZINN may also receive and record information from your internet browser and computer, including IP addresses, cookies (see section 2 below), software and hardware attributes and your page requests.

In addition to data collected from your submissions, we may also collect data on your internet behavior from Facebook, other social media sites, and other services. If you use a location-enabled DZINN service, We may collect and process information about your actual location (for example, GPS signals sent by your mobile device). We may also use a range of different technologies to confirm your location.

 

DZINN may use the information collected by it to provide the DZINN Services, including (but not limited to):

 

identification and authentication;

to protect DZINN and the users of the Site;

to customize the content and any advertising displayed on the Site;

to provide, maintain, protect and improve our services;

providing your information to a user with whom you have or had a contract facilitated by DZINN;

as required by law, the order of a court, tribunal or regulator or if DZINN reasonably believes that the use or disclosure of the information is reasonably necessary for enforcement related activities;

to develop new service features;

to ensure that DZINN receives payment of the fees due to it;

to contact you (for example, to inform you about upcoming changes or improvements to our services);

to conduct research;

to permit content on the Site (such as postings or third party advertisements) to be targeted, on an aggregate basis, to the users for whom it is most likely to be relevant;

to expand our user base;

to develop our relationships with affiliate service providers;

to provide or arrange internal or external verification services obtained by you via the Site; and

to generate data reports on an aggregated, non-personally identifiable basis, for both internal and third party use, but subject to any applicable laws (for example, We may show advertisers or investors trends relating to the general use of DZINN's services).

Your contact information may also be used for accounting, invoicing and billing purposes, marketing purposes, by third party service providers to DZINN, and to respond to any inquiry you make, in some cases information we collect is transferred overseas. When you contact DZINN, We may keep a record of the communication(s) between you and DZINN to help resolve any issues you might have. If another user (s) of the Site already have your userID (or other information identifying you), and you have chosen to upload a photo or other personal information to your DZINN account, We may show those user(s) that personal information.

In certain circumstances, We will use your email address to administer our User Agreement (for example, We may notify you of a breach, or action a request for a Take-Down Notice in response to a claim of copyright infringement). If We collect, use or disclose any information from you that is not personal information, but is sensitive information (such as information relating to police checks conducted on users of the Site), then We will seek consent directly from you each time we collect, use or disclose your sensitive information, including for direct marketing purposes. We will not use or disclose your sensitive information for any other purpose unless the purpose is directly related to the primary purpose for which your sensitive information was collected.

 

13.2 Cookies and Anonymous Identifiers

If you have registered on the Site then your computer or device may store an identifying cookie or anonymous identifier, which can save you time each time you re-visit the Site, by accessing your information when you sign-in to DZINN.

DZINN may use cookies and anonymous identifiers for a number of purposes including to access your information when you sign in, keep track of your preferences, direct specific content to you, report on DZINN's user base, and to improve DZINN's services. We may also use cookies or anonymous identifiers when you interact with our affiliate service providers (for example, when you integrate your DZINN account with your Facebook profile).

You agree that if you change the settings on your internet browser to block or restrict cookies (including cookies associated with DZINN's services), or to indicate when a cookie is being set by DZINN, the DZINN Services may not work as intended. You should remember that, while you may still be able to use the Site if your cookies are disabled, our services may not function properly on your device and you may not be able to take advantage of certain DZINN features.

DzinnApp will endeavor to permit you to transact anonymously on the DzinnApp Platform. However in order to ensure DzinnApp can reduce the incidence of fraud and other behavior in breach of the Community Guidelines, DzinnApp reserves the right to ask Users to verify themselves in order to remain a User.

13.3 Protecting and Maintaining Personal Information

Your account is protected by a password for your privacy and security. We will take all reasonable steps to protect the information we hold about you from unauthorized access, use, and disclosure, however,

We cannot guarantee the absolute security of that information, or that our systems will be completely free from third party interception or are incorruptible from viruses. We cannot and do not guarantee that information you send from your computer to us over the Internet will be protected by any form of encryption (encoding software). In light of this, we cannot and do not ensure or warrant the security or privacy of your personal information, including payment and account details. You transmit your personal information to us at your own risk.

You are entirely responsible for maintaining the security of your passwords and/or account information.

 

13.4 Third Parties

The Site may contain links to third party websites including the networks of our valued affiliate service providers, advertisers, and PayPal, or make available services obtained from third parties, including verification services by third-party verification providers. If you follow a link to any of these websites, for instance PayPal payment system, or use any services obtained from third-party service providers via the Site that requires you to provide personal information (including sensitive information if relevant) directly to such third parties (for instance third-party verification providers), note that they have their own privacy policies. If you use our Site to link to another site or use a service obtained from a third party service provider via the Site, you will be subject to that site's or third party's terms and conditions of use, privacy policy, and security statement. We strongly encourage you to view these before disclosing any of your personal information on such sites.

DZINN does not control, and does not accept any responsibility or liability for, the privacy policy of, and use of personal information by, any party other than DZINN, including any user of the Site, the operators of any website to which the Site links, or third party service providers to whom you directly provide your personal information (including sensitive information if relevant) to.

If DZINN is involved in a merger, acquisition or asset sale, we will give affected users of the Site notice before their personal information is transferred to another entity or becomes subject to a different privacy policy.

Third-party vendors, including Google, may show DZINN ads on sites across the Internet.

The DZINN website and Mobile Apps make use of the Google Maps API to assist with location-based information. More information about the Google Maps API and the related privacy policy can be found here http://www.google.com/privacy.html

For the avoidance of doubt, if you use any verification services made available by DZINN via its Site, that is not performed by DZINN but a third party verification provider, then any personal information (including sensitive information if relevant) that you provide as required by that third party in order to perform its verification services, will be collected directly by the relevant third party verification provider and will not be collected, handled, stored or otherwise used by DZINN. DZINN will only receive your verification status from the third party verification provider (for example, 'granted' or 'not granted' or such other like status) in order to issue any relevant Verification Badge on the Site. The use and handling of personal information (including sensitive information if relevant) remain the responsibility of the third party verification provider under its own privacy policy.

13.5 Marketing

 

When you register on the Site you may be given the opportunity to elect ("opt-in") to receive updates on our latest services, news, and special offers, and those of our valued affiliate service providers ("Marketing Material"), via your DZINN account, personal e-mail address, post or telephone. If you conclude a transaction on the Site, you may also be given the opportunity to opt-in to receive Marketing Material from DZINN and our valued affiliate service providers.

 

Once you opt-in to receive Marketing Material, You may, at any time, opt-out of receiving Marketing Material. To opt-out go to the 'Manage Account' link on the Site, choose 'Settings', then 'Alerts' and update your preferences. You can also click on the "unsubscribe" link in any email containing Marketing Material that We send you, or you can request an opt-out by emailing DZINN using the contact information provided on the Site. If you no longer consent to receive Marketing Material then you must opt-out in one of these ways.

 

DZINN may contact you as the result of a referral by another user of the Site who has provided us with contact information, such as your name and email address. The use of contact information received in connection with a referral will be governed by this Privacy Policy. You may, at any time, opt-out of DZINN's referral system by emailing DZINN using the contact information provided on the Site.

 

DZINN uses Remarketing with Google Analytics to advertise online. Using the Ads Settings in a personal Google account, visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads.

 

Marketing DZINN and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone's past visits to the DZINN website.

 

Using the Ads Settings in a personal Google account, visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads.

 

13.6 Administrative Communications

DZINN reserves the right to send you administrative and account-related messages that you may not opt-out of. To cease all communications to you from DZINN you must close down your DZINN account.

 

13.7 Accessing Personal Information

We will allow you, at any time, to access, edit, update and/ or delete the personal information that We hold about you, unless:

We are legally permitted or required to deny you access to, and/ or to retain, the information; or you make request(s) that are unreasonably repetitive, require DZINN to make a disproportionate technical effort (for example, to develop an entirely new system), risk the privacy of others, or would be highly impractical to comply with.

If you wish to access the personal information We hold about you or to delete your DZINN account, you should contact us.

We need to prevent information in our systems from being accidentally or maliciously destroyed. This means that, where you delete information from our services, residual copies of that information on our active servers, as well as any corresponding information on our backup systems, may not be immediately deleted.

 

13.8 Privacy Concerns

If you have concerns about how we handle your personal information or require further information, please email DZINN using the contact form provided on the Site. If you make a formal written complaint in relation to our compliance with this Privacy Policy, We will contact you to follow up on that complaint. Other than the material that you voluntarily choose to post on the Site (such as Sender postings, bids, and comments on other users), the only information about you that we will post publicly is your DZINN public profile.

DZINN may, from time to time, modify this Privacy Policy (and update the web page on which it is displayed). DZINN will send notification of any such modification to your DZINN account and/or your registered email address. You should check that account regularly.

Modifications to the Agreement

 

14.1 DzinnApp may modify this Agreement or the Policies (and update the DzinnApp pages on which they are displayed) from time to time. DzinnApp will send notification of such modifications to Your DzinnApp account or advise you the next time you login.

14.2 When you actively agree to amended terms (for example, by clicking a button saying "I accept") or use the DzinnApp Platform in any manner, including engaging in any acts in connection with a Task Contract, the amended 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 either terminate your account or You must notify DzinnApp who will terminate Your DzinnApp account, and stop using the DzinnApp Service.

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 DzinnApp, its related entities or affiliates in any way whatsoever. DzinnApp confirms that all Third Party Services that may be promoted on the DzinnApp Platform are provided solely by such Third Party Service providers. To the extent permitted by law, DzinnApp 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.

Notices

 

16.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to DzinnApp's contact address as displayed on the DzinnApp Platform, or to DzinnApp 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 User 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 Republic of Ireland.

16.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider's terms and conditions.

Mediation and Dispute Resolution

 

17.1 DzinnApp encourages you to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, you acknowledge and agree that DzinnApp may, in its absolute discretion, provide your information as it decides is suitable to other parties involved in the dispute.

17.2 If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.

17.3 DzinnApp may elect to assist Users resolve disputes. Any User may refer a dispute to DzinnApp. You must co-operate with any investigation undertaken by DzinnApp. DzinnApp reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Escrow Provider to make payment accordingly. You may raise your dispute with the other User or DzinnApp's determination in an applicable court or tribunal.

17.4 DzinnApp has the right to hold any Agreed Price that is the subject of a dispute in the Escrow Account, until the dispute has been resolved.

17.5 DzinnApp may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and 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.

17.6 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.

17.7 If you have a complaint about the DzinnApp Service please contact us.

17.8 If DzinnApp provides information about other 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 DzinnApp against any claims relating to any other use of information not permitted by this Agreement.

Termination

 

18.1 Either You or DzinnApp may terminate your account and this Agreement at any time for any reason.

18.2 Termination of this Agreement does not affect any Task Contract that has been formed between DzinnApp Users. If you have entered a Task Contract You must comply with the terms of that Task Contract including providing the Services or paying the Agreed Price as applicable.

18.3 Third Party Services are subject to Third Party Service provider’s terms and conditions.

18.4 Sections 4 (Fees), 13 (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 DzinnApp's consent (in its absolute discretion) create any further accounts with DzinnApp and we may terminate any other accounts You operate.

General

 

19.1 This Agreement is governed by the laws of Republic of Ireland. You and DzinnApp submit to the exclusive jurisdiction of the courts of Republic of Ireland.

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 DzinnApp to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.

19.4 This Agreement sets out the entire understanding and agreement between the User and DzinnApp with respect to its subject matter.

Revised August 2018 copyright DzinnApp & S4 Tech Ltd 2018

APPENDIX A:

MODEL TASK CONTRACT

 

The terms used in this Task Contract have the meaning set out in the DzinnApp Glossary. A Task Contract is created in accordance with the DzinnApp Agreement. Unless otherwise agreed, the Poster and the Tasker enter into a Task Contract on the following terms:

1 COMMENCEMENT DATE AND TERM

1.1 The Task Contract is created when the Poster accepts the Tasker's Offer on a Posted Task to provide Services and makes payment.

1.2 The Contract will continue until terminated in accordance with clause 7.

2 SERVICES

 

2.1 The Tasker will perform Services in a proper and workmanlike manner.

2.2 The Tasker must perform the Services at the time and location agreed.

2.3 The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Task Contract.

3 WARRANTIES

 

3.1 Each party warrants that the information provided in the creation of the Task Contract is true and accurate.

3.2 The Tasker warrants that he/she has the right to work and provide Services and hold relevant licenses in Republic of Ireland.

3.3 The parties incorporate the Consumer Guarantees into the Task Contract, even if they are not already incorporated by law.

4 PAYMENT OR CANCELLATION

 

4.1 With the creation of the Task Contract, the Poster must pay the Agreed Price into the Escrow Account.

4.2 Upon the Services being completed, the Poster will provide notice on the DzinnApp Platform.

4.3 The Poster will be prompted to confirm the Services are complete. If the Tasker has completed the Services in accordance with clause 2, DzinnApp Platform will release the Tasker Funds from the Escrow Account minus the service fees of 13% as mentioned in Payments & Refunds earlier.

4.4 If the parties agree to cancel the Task Contract, or the Poster is unable to contact the Tasker to perform the Task Contract, the Tasker Funds will be dealt with in accordance with the User's DzinnApp Agreement.

5 LIMITATION 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 any claims by any third person, or the Task Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.

5.2 Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.

6 DISPUTES

 

6.1 If a dispute arises 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 may refer the dispute to DzinnApp and act in accordance with clause 18 of the DzinnApp Agreement.•

7 TERMINATION OF CONTRACT

 

The Task Contract will terminate when:

(a) The Services are completed and the Agreed Price is released from the Escrow Account;

(b) A party is terminated or suspended from the DzinnApp Platform, at the election of the other party;

(c) Otherwise agreed by the parties or the Third Party Dispute Service; or

(d) Notified by DzinnApp in accordance with the party's DzinnApp Agreement.

8 APPLICATION OF POLICIES

 

The parties incorporate by reference the applicable Policies.

9 GOVERNING LAW

 

The Task Contract is governed by the laws of Republic of Ireland. The parties submit to the exclusive jurisdiction of Republic of Ireland.

Revised August 2018 copyright DzinnApp 2018

 

Rules of Interpretation

 

In the DzinnApp 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 A€, €A, Euro or € is to Republic of Ireland currency;

(e) A reference to time is to the time in Dublin, Republic of Ireland;

(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 favour 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 any part of it.