Effective starting 22 June 2018
Welcome to Xrosswork.com or any of its subdomains. Xrosswork Pty Ltd. (“Xrosswork”) owns this website or product (the “Website”) and provides all services associated with this Site subject to the following Terms of Use (the “Terms”).
By using Xrosswork.com or any of our products or services as a visitor, users or customer, you are agreeing to the following terms.
Additional contractual terms may apply to some services so it is important that you are familiar with all of the terms applying to your use of our services.
This agreement constitutes an agreement between you and Xrosswork Pty Ltd governing your use of the service, superseding any prior agreements between you and Xrosswork Pty Ltd (including but not limited to any previous version of this agreement).
Xrosswork Pty Ltd reserves the right to update or change this agreement without notice. Any new features that augment or enhance the current Service, including the release of new tools or resources, shall be subject to this agreement and the failure of Xrosswork Pty Ltd to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. Violation of any of the terms below may result in the suspension or termination of your Account or License. Whilst Xrosswork Pty Ltd prohibits unauthorized conduct and content on the service as indicated below, you may be exposed to such materials and you agree to use the service at your own risk.
Cookies
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our Xrosswork’s use of cookies in accordance with the terms of Xrosswork’s privacy policy. If you disagree with these Terms or any part of these terms and conditions, you must not use this website.
Definitions
“We”, “Our” or “Xrosswork” means Xrosswork Pty Ltd;
“You” means you, the person using our products, services or visiting our Website;
“Services” means all products, goods or services we provide and anything else we do for you, including allowing you to access our Website;
“Service Availability” is defined as the ability to access and use the Xrosswork Internal Freelancing platform.
“Users” is anyone using the platform including you, others, admin and Xrosswork employees You You must be a person. (Accounts registered or run through automated methods are not permitted). You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use our website in any manner.
>By visiting our website and accepting these Terms, you represent and warrant to Xrosswork that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to Xrosswork that you will use our website in a manner consistent with any and all applicable laws and regulations. You must provide your full legal name, a valid email address and any other information requested by Xrosswork Pty Ltd in order to complete the signup process and license. If your company uses Single-Sign-On (SSO) to connect, in which case you will be authenticated using your work credentials against your company’s identity server. Please refer to the Privacy Policy for information that your company may be transfer to us by using the SSO. You are responsible for maintaining the security of your account login information (Username & Password). Xrosswork Pty Ltd cannot and will not be liable for any loss or damage from failure to comply with this security obligation. You may not use your account for any illegal or unauthorized purpose. You must not, in the use of this service, violate any laws in your jurisdiction (including, but not limited to copyright laws).
Account Billing, Invoicing and Refunds
Payment is due no more than 14 days after an invoice is received. Late payments may result in account suspension and subsequent cancellation. The products and services are billed in advance on a monthly/annual basis and are non-refundable. There will be no refunds for partial months of service, unused licenses or open accounts that have not been used. All fees charged are exclusive of local taxes which are your responsibility to pay.
Cancellation, Termination and Right to Monitor
Upon cancellation of a paying account, payment is to be made up to the end of the billing period you are in, no refunds will be given. Cancelled paying accounts will have their data archived in a secure backup facility for one month. This data can be deleted or supplied within this timeframe upon customer request. Xrosswork Pty Ltd has no obligation to monitor and access customer accounts, but may do so if for any reason it believes there is just cause. (Reasons could include illegal activity, uploading of virus infected files, questionable material or when requested as part of customer support) Xrosswork Pty Ltd reserves the right to terminate accounts (Trial and Paid) at our discretion. Action will be taken if needed to ensure server integrity and service availability for other customers. Verbal, physical, written or other abuse (including threats of abuse or retribution) directed towards any Xrosswork Pty Ltd customer or employee will result in immediate account termination.
Right of Refusal
Xrosswork Pty Ltd has the right to accept or decline trial and paid account requests at will. Applications will not be accepted if the applicant’s use is contrary to Xrosswork Pty Ltd’s strategic plan, or the company in question gives Xrosswork Pty Ltd any cause for concern.
Modifications to the Service and Prices
Xrosswork Pty Ltd reserves the right at any time to modify or discontinue the service (or any part thereof) with or without notice. In this case, sufficient notice would be given and data made available. Prices will be reviewed every 6 months and adjusted accordingly if needed. Xrosswork Pty Ltd reserves the right to increase prices. Notice will be given of at least 30 days in advance of any price changes. Updates and upgrades to Xrosswork Pty Ltd’s products are made regularly, typically on a weekly basis. You must not modify, adapt or hack the service or modify another website so as to falsely imply that it is associated with the service, Xrosswork Pty Ltd or any other Xrosswork Pty Ltd product. All licensed Xrosswork Pty Ltd code (including customized code) must at all times retain the copyright statement ( © Copyright 2015-2018 Xrosswork Pty Ltd. Software Powered by Xrosswork Licensed to: 2018).
Service Availability and Support
Xrosswork Pty Ltd will aim to provide a service availability of 99.99%, in the event of an outage or server access issue, Xrosswork Pty Ltd will act to restore customer server access. While Xrosswork Pty Ltd makes all efforts to prevent any disruption to service during any update or upgrade, there may be times where Xrosswork Internal Freelancing is inaccessible for a period of less than 30 minutes. Updates and upgrades are scheduled to avoid peak usage times. Xrosswork Pty Ltd is committed to providing excellent customer service, we aim to answer most support issues within 3 hours but Xrosswork Pty Ltd makes no guarantee on the period of time before support is provided. In the event that urgent support is required, we will do whatever is necessary to assist.
Code and Data Ownership
Any data entered in your live account database or uploaded to the service remains yours and can be supplied as a digital file upon request. Xrosswork Pty Ltd does not pre-screen any content, but reserves the right (but not the obligation) to refuse or remove any content available via the service that violates our Terms. Any and all code, including the look and feel is owned by Xrosswork Pty Ltd. You may not duplicate, copy or reuse any portion of the HTML, CSS, visual design elements or code without express written permission from Xrosswork Pty Ltd. Xrosswork Pty Ltd houses all software on our owned/rented servers. Unauthorised distribution without prior consent is strictly prohibited and includes placing our software on any physical or virtual servers or mediums without special agreement or written consent from Xrosswork Pty Ltd. collection, use, and storage of our users’ information. The Privacy Policy also governs your visit to Xrosswork.com or any of its subdomains. Intellectual Property Rights All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, trademarks and service marks are owned by or licensed to Xrosswork, and protected by copyright and other intellectual property rights under United States and foreign laws and international conventions. You do not acquire any ownership rights in such content from using the website or the services. Site Content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of the respective owners.
Content Disclaimer
Some of the content that can be viewed on our Website is created and developed by other users (“Content”). Amongst other things, users Content may include users biographical and employment information, which Xrosswork relies upon to categorize and describe specific groupings of users. Xrosswork cannot guarantee and makes no representations as to the accuracy or quality of users Content, and Xrosswork does not endorse, and is not responsible for, users Content. Xrosswork reserves the right to review users Content but does not have a legal duty to do so. Users are independent of Xrosswork and are not employees or under the supervision of Xrosswork.
Confidentiality
Users have agreed to be bound by this terms and conditions, and have represented, among other things, that they will not disclose information that is subject to a confidentiality obligation or participate in any Consultation in violation of any agreement or duties owed to employers or other third parties.
API Terms
Your company may select to use an Application Programming Interface (API) to transfer information to Xrosswork. You agree your company will transfer to Xrosswork by the API with Personally identifiable information (PII), or Sensitive Personal Information (SPI) including but not limited to to your name, email, contact information, title, department, location, private resume, personal photo, skills, cost rate, sell rate, charge rate, information which may relate to your salary or income, currency, work experience any other information your company may wish to provide to Xrosswork. You agree that you are solely responsible for any 3rd party applications your company have built that access the Xrosswork API. This includes supporting your company code and any legal issues that may arise. Xrosswork Pty Ltd will not and cannot be held responsible for code created by customers. You may not use the Xrosswork API for any illegal or unauthorized purpose. You must not, in the use of this service, violate any laws in your jurisdiction (including, but not limited to copyright laws). If your code or application when using the Xrosswork API causes unacceptable server load or issues (as determined by Xrosswork Pty Ltd) your Xrosswork account or API access may be revoked or suspended. This is to ensure integrity of service for other Xrosswork customers. You will not use the API to create software that sends unsolicited communications (whether commercial or otherwise) to any third party. Xrosswork Pty Ltd reserves the right at any time to modify or discontinue the API (or any part thereof) with or without giving notice. You may not use the API to violate your license terms. Doing so will result in suspension of your Xrosswork account.
Data Loss & Backups
Xrosswork Pty Ltd will not accept, under any circumstances, any liability for the loss of customer data through general use, hacking or server failure. Xrosswork Pty Ltd will be responsible for ensuring regular daily backups of the subscription account data and the server itself. Backup of data (excluding uploaded files) is available to customers on demand.
Indemnity
You agree to indemnify and hold Xrosswork Pty Ltd and subsidiaries, affiliates, directors, shareholders, agents, and employees, harmless from any claim or demand or legal fees, made by any third party due to or your use of our Services or your breach of these Terms of Use, any applicable law or the rights of a third party.
Privacy
Xrosswork Pty Ltd will at all times be committed to ensuring privacy of information. Any information submitted by the customer will only be used by Xrosswork Pty Ltd in the manner intended by the customer or by the terms of this agreement. We will never distribute your information to third parties, and all Xrosswork Pty Ltd staff are under extensive confidentiality and non-disclosure agreements. While we make every effort to keep your information safe and secure, due to the very nature and environment of the internet, we cannot guarantee that all communications and personally identifiable information will never be disclosed. For further privacy information refer to our Privacy Policy.
Licensing
Xrosswork Pty Ltd distributes all commercial software under a commercial license agreement. Demo sessions and trials of Xrosswork Pty Ltd products are archived the month after creation and deleted the following month. After that period if you would like to use the software legally, you must sign up for a subscription account. A ‘per user’ license allows that purchaser to operate the software. Licenses cannot be transferred to other parties, this applies to both general software licenses and upgrades Upgrade packages are only applicable to the company who purchased the original software. Sharing, redistribution or simultaneous use of licenses is prohibited. Whilst Source Code may be modified by yourself or a developer for use by the single owner, the code may not be resold, duplicated for multiple uses, or rebuilt to be resold in any way, shape or form.
Warranty
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis without any representations or warranties, express or implied. Xrosswork Pty Ltd does not warrant that:
- The service will meet your specific requirements
- The service will be uninterrupted, timely, secure, or error-free
- The results that may be obtained from the use of the service will be accurate or reliable
- The information on this website is complete, true, accurate or non-misleading.
You expressly understand and agree that Xrosswork Pty Ltd shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Xrosswork Pty Ltd has been advised of the possibility of such damages), resulting from:
- The use or inability to use the service
- The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or any messages received or transactions entered through or from the service
- Unauthorised access to or alteration of your transmissions of data Statements or conduct of any third party on or involved in providing the service
- Any other matter relating to the service.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, technical, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Xrosswork will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if Xrosswork has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Xrosswork’s liability in respect of any:
- death or personal injury caused by Xrosswork’s negligence;
- fraud or fraudulent misrepresentation on the part of Xrosswork; or
- matter which it would be illegal or unlawful for Xrosswork to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website. Other parties You accept that, as a limited liability entity, Xrosswork has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Xrosswork’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Xrosswork’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Xrosswork.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer. Breaches of these terms and conditions Without prejudice to Xrosswork’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Xrosswork may take such action as Xrosswork deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
Xrosswork may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Payment Currency
Payment will be done using Australian Dollars or US Dollars only.
Restricted Content
Uploading any restricted content as listed below may result in immediate account termination. You must not upload, post, host or transmit the following items to or from the service including but not limited to: Unsolicited email, SMS’s, or “Spam” messages. Worms, viruses or code of a destructive nature. Questionable or Illegal material. (Including copyrighted material)
