Knexup

These Terms of Service outline Knexup's and your obligations and responsibilities and form the agreement between you and Knexup (a brand jointly owned by Blue Hour Infomatics Pvt Ltd, India and Blue Hour Pty Ltd, Australia). Please contact us via the Knexup Platform if you have any other questions.

Knexup operates an online platform (‘Knexup Platform’), which allow Users to connect through the Knexup Platform with other Users who provide services and content. Please read these Terms and all our policies, including the Privacy Policy, carefully before using the Knexup Platform. Our policies are incorporated into the Terms by reference.

1. SCOPE OF SERVICES

1.1 Knexup is the Platform that enables Customers to request particular professional services and content, and Experts to provide those professional services and content to the Customer. These may incur a cost or be free of cost.
1.2 A Customer may reschedule a job request before the Expert has accepted or cancel a job request after the Expert has accepted. The Company reserves the right to cancel a booked job.
1.3 If a Customer requests a job booking and the Experts accepts the booking then
(a) the Customer must pay the Agreed Price via the payment gateway; and
(b) the Expert must render the Services as agreed with the Customer.
1.4 Once the Services are complete, the Customer is expected to mark the job complete on the Knexup Platform.
1.5 Once the Services are complete, the Expert’s earnings will be released into the Wallet from where they can request to withdraw the money to their bank account.
1.6 Where a Customer disputes a job, the Customer must notify the Company via the Knexup platform as soon as possible, definitely within 24 hours.
1.7 After the job is completed, the Customer is encouraged to review and provide rating on the Knexup Platform.

2. KNEXUP PLATFORM’S ROLE AND OBLIGATIONS

2.1 The Company only provides the Knexup Platform.
2.2 The Knexup Platform invites professionals with at least 25 years of experience to become Experts.
2.3 At its absolute discretion, the Knexup Platform may refuse to allow any person to register or create an account or cancel or suspend any existing account, where:
(a) the person does not, or no longer meets the criteria set out at clause 2.2 of the Terms;
(b) the person is charged with or has been found guilty of an offence under Australian law; or
(c) the person engages in anti-social behaviour, discriminatory conduct or hate speech on the Knexup Platform.
2.4 Registering and creating an account on the Knexup Platform is free for both the Customer and the Knexup. Subscription may be required to access certain services and content.
2.5 To the extent permitted by law, the Company accepts no liability for any aspect of the Customer and Expert interaction, including but not limited to the description, performance or delivery of Services and Content, the creation, enforcement, implementation or alleged breach of the these.
2.6 To the extent permitted by law, the Company 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 Experts to deliver services or content, or the honesty or accuracy of any information provided by Users or their ability to pay for the Services or Content requested.
2.7 Except for liability in relation to any Non-Excludable Condition, the Knexup Service is provided on an "as is" basis, and without any warranty or condition, expressed or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
2.8 The Platform has no obligation to any User to assist or involve itself in any dispute between Users, although it may elect (at its sole discretion) to do so to improve User experience.

3. ALL USER OBLIGATIONS

3.1 You will at all times:
(a) comply with these Terms (including all Policies) and all applicable laws and regulations;
(b) only post accurate information on the Knexup Platform;
(c) ensure that You are aware of any laws that apply to You as a Customer or as a Knexup, or in relation to using the Knexup Platform.
(d) as an Expert, only offer content that is original to you and owned by you.
3.2 You agree that any content (whether provided by the Company, a User or a third party) on the Knexup Platform may not be used on third-party sites or for other business purposes without the Company’s prior permission.
3.3 You must not use the Knexup Platform for any illegal or immoral purpose.
3.4 You must maintain control of your Knexup 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 agree that any information posted on the Knexup Platform must not, in any way whatsoever, be potentially or actually harmful to Knexup or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Knexup.
3.6 Without limiting any provision of these Terms, any information you supply to the Knexup Platform or publish must not:
(a) be false, inaccurate or misleading or deceptive;
(b) be fraudulent or involve the sale of counterfeit, plagiarised or stolen items/content;
(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, libellous, threatening or harassing;
(f) be obscene or contain any material that, in the Company’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 Knexup Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancel bots, 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.
3.7 The Knexup Platform may display the location of Customers and Experts to other Users on the Knexup Platform.
3.8 The Expert must not request payments outside of the Knexup Platform from the Customer.
3.9 If the Company determines that you have breached any obligation under this clause 3, it reserves the rights to remove any content, or to cancel or suspend your account and/or any job bookings.

4. FEES

4.1 Upon purchasing a service or content, the Customer owes the Company the Platform Service Fee and the Convenience Fee.
4.2 All Fees and charges payable to the Company are Non-Refundable, subject to your rights under any Non-Excludable Conditions.
4.3 If the Company introduces a new service on the Knexup Platform, the Fees applying to that service will be payable as from the launch of the service or as communicated.
4.4 Knexup may set-off any Fees against any amounts held by Knexup on behalf of a User.
4.5 Knexup may restrict a User's account until all Fees have been paid.

5. PAYMENTS AND REFUNDS

5.1 If:
(a) the Customer and the Expert mutually agree to cancel the Job Contract; or
(b) following reasonable attempts by a Customer to contact a Expert to perform the Job Contract, the Job Contract is cancelled;
and
(c) the Company is satisfied that the Agreed Price should be returned to the Customer,
then, subject to clause 5.3, Company will refund the charges to the Customer less the Platform Service Fee and the Convenience Fee.
5.2 Following resolution of a cancelled Job Contact in accordance with clause 5.1, the Knexup Platform may take up to 28 days to return the funds to the Customer.
5.3 If, for any reason, the funds cannot be transferred to the Knexup or returned to the Customer (as the case may be) or no claim is otherwise made for the funds; the Knexup Funds will remain with the Company until paid or otherwise for up to three months from the date of completion or cancellation (as the case may be).
5.4 Following the 3 months referred to in clause 5.3 and provided there is still no dispute, the funds will be automatically credited to the Company account.

6. KNEXUP REWARDS

6.1 Knexup Reward Points:
(a) can be used by the credited User to pay for any new Services, Content or outstanding debt owed to the Company via the Knexup Platform;
(b) are not refundable or redeemable for cash;
(c) cannot be replaced, exchanged or reloaded;

7. PAYMENT FACILITY

7.1 The Company may use a Payment Gateway to facilitate payments.
7.2 If the Company changes its payment gateway provider you may be asked to agree to any further additional terms with those providers. If you do not agree to them, the Company will use best endeavours to provide you with an alternative means of payment. You acknowledge and agree that alternative means of payment may not be possible in some circumstances.

8. THIRD PARTY SERVICES

8.1 The Company may from time to time include Third Party Services on the Knexup Platform. These Third Party Services are not provided by the Company.
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 Knexup Platform as a convenience to our Users.
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 The Company makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Knexup Platform, Users may inform the Company of their Third Party Service experience.

9. FEEDBACK

9.1 You can send feedback over email by contacting us via the Knexup Platform.
9.2 The Company is entitled to suspend or terminate your account at any time if we are concerned by any significant negative feedback about you or reasonably consider that you have a history of persistently negative feedback.

10. LIMITATION OF LIABILITY

10.1 Except for liability in relation to breach of Non-Excludable Condition, to the extent permitted by law, the Company 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 Customers and Experts.
10.2 Except for liability in relation to a breach of any Non-Excludable Condition, to the extent permitted by law, the Company 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 Knexup Platform.
10.3 Except for liability in relation to a breach of any Non-Excludable Condition, and to the extent permitted by law, the Company is not liable for any Consequential Loss arising out of or in any way connected with the Knexup Services.

11. PRIVACY

11.1 Knexup's Privacy Policy is available at https://www.knexup. com and applies to all Users and forms part of the Terms. Use of the Knexup Platform confirms that you consent to, and authorise, the collection, use and disclosure of your Personal Information in accordance with the Privacy Policy.
11.2 You acknowledge and agree that Third Party Service providers will provide their service pursuant to their own Privacy Policy.

12. MODIFICATIONS TO THE TERMS

12.1 The Company may modify the Terms or the Policies (and update the Knexup Platform pages on which they are displayed) from time to time. The Company will make every effort to send notification of any material modifications to the email address registered with your account or advise you the next time You login.
12.2 When you actively agree to amended Terms (for example, by clicking a button saying "I accept") or continue to use the Knexup Platform in any manner, the amended Terms will be effective immediately. In all other cases, the amended Terms will automatically be effective 30 days after they are introduced.
12.3 If you do not agree with any changes to the Terms (or any of our Policies), you must either terminate your account or notify the Company as soon as practicable so that the Company may terminate your account.

13. NO AGENCY

13.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by the Terms. In particular You have no authority to bind the Company, its related entities or affiliates in any way whatsoever. The Company confirms that all Third Party Services that may be promoted on the Knexup Platform are provided solely by such Third Party Service providers. To the extent permitted by law, the Company 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.

14. NOTICES

14.1 Except as stated otherwise, any notices must be given by email, to the Company’s contact address as displayed on the Knexup Platform. Any notice shall be deemed given if sent by email, 72 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable.
14.2 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.

15. MEDIATION AND DISPUTE RESOLUTION

15.1 The Company encourages you to try and resolve disputes (including claims for returns or refunds) with other Users directly.
15.2 If a dispute arises with another User, you agree to co-operate with the other User and make a genuine and reasonable attempt to resolve the dispute.
15.3 The Company may elect to assist Users resolve disputes referred by a User to the Company but does not guarantee a definite outcome or its continuous involvement. You agree to co-operate with any investigation undertaken by the Company. The Company reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users. You may raise your dispute with the other User or the Company’s determination in an applicable court or tribunal.
15.4 The Company has the right to hold any funds that is the subject of a dispute, until the dispute has been resolved.
15.5 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.
15.6 If You have any complaint about the Knexup Service please contact us via the Platform.

16. TERMINATION

16.1 Either You or the Company may terminate your account and these Terms at any time for any reason.
16.2 Third Party Services are subject to Third Party Service provider terms and conditions. You acknowledge that you may remain bound by Third Party Services even if the Terms are terminated. You are responsible for contacting Third Party Service providers to terminate your agreement with them.
16.3 Sections 4 (Fees), 10 (Limitation of Liability) and 15 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of the Terms.
16.4 If Your account or the Terms are terminated for any reason then you may not without the Company’s consent (in its absolute discretion) create any further accounts with the Company and we may terminate any other accounts you create or operate.

17. GENERAL

17.1 These Terms is governed by the laws of Australia. You and the Company submit to the exclusive jurisdiction of the courts of Australia.
17.2 The provisions of these Terms are severable, and if any provision of these Terms is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
17.3 These Terms may be assigned or novated by Knexup to a Third Party without your consent. In the event of an assignment or novation the User will remain bound by the Terms.
17.4 The Terms sets out the entire understanding and agreement between the User and Knexup with respect to its subject matter.

Guide for Expert

Guide for Customers

Terms of Service