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Terms and Conditions of Use

Legal Mention

These general conditions of use (hereinafter referred to as "General Conditions") are concluded between:

• The company INSTAWORKER, License DUBAI XXXX Building XXXX (hereinafter the "Company" or "the site, the application" or "INSTAWORKER") on the one hand
• The user of the INSTAWORKER application (hereinafter referred to as the "User")

Instaworker License: 1250716
Building: UAE - Dubai - Deira - Hor Al Anz - Al Rajhi - floor 07 - office 4
Email Contact: contact@instaworker.ae
Phone Contact: +971 524354798
Just make sure that the Website is: https://instaworker.ae/

Preamble

The company operates a mobile application available at https://www.INSTAWORKER.com that connects:

• Independent professionals (hereinafter referred to as "freelancers") performing services in various sectors of activity.
• Originators/Clients (hereinafter referred to as "Originators"), also jointly referred to as "DO Users" or "Ordering Users".

The purpose of these General Terms and Conditions is to govern the conditions of use of the Site and the rights and obligations of Users. Any access or use of the Site implies the unconditional acceptance and compliance with all the General Conditions.

Instaworker Registration

To access the services offered by the Site, the User must create an account by registering on the Site. The User must be at least 18 years old and be legally able to contract and use the Site in accordance with these General Conditions. The User is obliged to provide accurate information which he undertakes to update immediately in case of modification. The User must also communicate to the Company any document relating to his identification or his situation with respect to the legal obligations in force on request and within 48 hours. Access to the account created for the User is protected by a username and password. The user is solely responsible for any use that will be made of this information and he is the only guarantor of their confidentiality. The User will be held solely responsible for any use of his account. The Company reserves the right to refuse any registration or to terminate any use of any User account simply by electronic notification and without obligation of motivation.

Auto-Renewal Subscription Terms for Freelancers

Subscription Plan Details:

• Title: Freelancer Full Access
• Length of subscription: 1 month
• Price of subscription: AED 39.99 / Month
• Payment will be charged to iTunes Account at confirmation of purchase
• Account will be charged for renewal within 24-hours prior to the end of the current period.
• Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.

Subscription Plan: By subscribing to our freelancer plan, you agree to a recurring payment plan that will automatically renew at the end of each subscription period (monthly or annually) unless you cancel prior to the renewal date.

Auto-Renewal: Your subscription will automatically renew and you will be charged the applicable subscription fee on a recurring basis until you cancel. The renewal period will be the same as your initial subscription term unless otherwise specified.

Cancellation: You can cancel your subscription at any time through the account settings within the app. Cancellation must be done at least 24 hours before the end of the current subscription period to avoid being charged for the next period.

Billing and Payment: Subscription fees are billed at the start of each subscription period. By providing your payment details, you authorize us to charge the designated account for the subscription fees.

Refunds: Subscription payments are non-refundable. If you cancel your subscription, you will retain access to the service until the end of your current billing cycle, but you will not be issued a refund for any unused portion of your subscription. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription.

Changes to Subscription Fees: We reserve the right to adjust subscription fees at our discretion. Any changes will be communicated to you in advance, and your continued use of the service after the price change will constitute your agreement to the adjusted fees.

Description of the Services and Operation of the Site

Once registered, the User can benefit from the Services of the Site. These Services include: Linking Freelancers and Principals through the Site - Provision of tools to assess the skills of Freelancers in order to inform Ordering Users.

Consulting services to assist Ordering Users in the search for Freelancers who can fulfill identified missions. Freelancers who have completed their information sheet and have been accepted after evaluation of their file by the Company are registered in an anonymous database accessible on the Site. Note that the indicative daily rate and the availability of Freelancers are given on the Site for information purposes only and cannot be considered as commitments or obligations on the part of Users or the Company. Consequently, the Users and the Site reserve the right to modify these elements at any time without giving rise to any prejudice or any compensation.

Ordering Users may then use the search tools made available by the Site to identify one or more Freelancers likely to perform a mission on their behalf. Ordering Users then request the Site or the Company to identify the Freelancer concerned and get in touch with them. The Site reserves the right to respond to this request.

Subject to the commitment of the various Users to respect the financial and operational conditions of the relationship proposed by the Company, the Client and the Freelancer may contact each other in order to discuss the conditions for carrying out a mission.

Access to the Site and Services

Access to the Site and Services is exclusively reserved for registered Users. Users make it their personal business to set up the means allowing access to the Site. They shall bear the costs of telecommunications when accessing and using the Site. The Site is accessible 24 hours a day, 7 days a week for all Users.

Instaworker reserves the right, without notice or compensation, to temporarily or permanently close the Site or access to one or more Services for technical updates or changes. And more generally reserves the right to make any changes and improvements to the Site and the Services that it deems necessary or useful for the proper functioning of the Site and its Services.

Commitments

The User agrees to access and use the Site in accordance with the laws and regulations in force and in accordance with the provisions of these Terms of Use. The User undertakes in particular to:

1. Meet all legal and regulatory obligations. The User, particularly when he is a freelancer, undertakes to complete all the declarations and all the formalities necessary for his activity and the use of the Services, in legal, social, administrative, and tax matters in particular. Upon request, the User undertakes to provide any document proving that he fulfills all the obligations set out above.
2. Refrain from circumventing the connection proposed by the Site. The User is prohibited from publishing or communicating any information allowing another DO User of the Site to contact him directly without going through the application or the Company. In particular, this provision applies to any communication of contact details such as to give rise to direct contact between two Users without passing through the Site or the Company.
3. Use the Site fairly. The User is prohibited from using the content of the site to set up any commercial promotion action on its behalf or that of a third party other than for the services targeted by the Site. The User is also prohibited from establishing commercial databases for the purpose of canvassing or using the information collected on the site in order to establish studies or to conduct recruitment actions not authorized by the Company.
4. The Freelancer agrees to be contacted directly by Ordering Users registered with the INSTAWORKER application. The contact can be made by chat, SMS, phone, or email.

Responsibility of the User

The User is solely responsible for the information and content he disseminates through the Site. The Site does not control these elements before putting online. The User is solely responsible for the consequences and damages that would result from the communication of inaccurate or misleading information or content.

The User is also prohibited from publishing any content that may infringe the rights, reputation, and image of the Site and in general any content that would violate the laws and regulations in force.

Corporate Responsibility

The Site makes its best efforts to ensure access and operation of the Site 24 hours a day, 7 days a week. However, due to the nature of the operation of the Internet, the Company cannot exclude the interruption or malfunction of the Application and Services. Instaworker cannot be held responsible for any interruption of the Service, whether voluntary or not, and the potential consequences for Users. Instaworker cannot be held responsible for erroneous, inaccurate, or misleading information published by Users on the Site.

The Site serves as an intermediary between the Order giver User and the Freelancer, and it cannot be held responsible for any problem that would occur as a result of this contact. Both parties should ensure the integrity of the other party before committing each other to any service.

Personal data and FDPL

Personal data of the User are subject to computerized processing by the Company to ensure the proper functioning of the Site and Services and also for statistical purposes and commercial prospecting. The Company is the sole recipient of this data, the information collected is neither resold nor communicated to third parties.

In accordance with the law "Federal Data Protection Law" of January 2, 2022 as amended, the User has a right of access and rectification of information concerning him. To exercise this right and obtain communication of information concerning the User, the User may contact the Company by letter addressed to its registered office or by email. The User may also object to this processing for legitimate reasons. However, this opposition may result in the closure of the User’s account.

Information we collect

Information provided by users to use our service

As part of your use of our services and your navigation on our website, the Site collects several categories of data, the details of which you will find below. This data comes from:

• Information that you give us when you create your account or update your profile.
• Information resulting from your use of our services such as your activity on the platform.

We do not process specific categories of data (sensitive data) such as data that reveal racial or ethnic origin, political opinions, religious or philosophical beliefs or union membership, genetic data, biometric data, health data, or data about people’s sexual life or sexual orientation.

Data relating to Independent Freelancer

We inform at the time of collection whether the data is mandatory or not.

Communicated by the Freelancer

• Last name
• First name
• Date of birth
• Gender
• Email
• Phone number
• Location
• Profile photo

Professional information

• Professional experience
• Skills
• Diplomas
• Certifications
• Spoken languages
• Availability for a future mission

Information relating to the experiences achieved

• Reviews and ratings of your former customers
• Emails of your former customers and managers

Data relating to Ordering Users

We inform at the time of collection whether the data is mandatory or not.

Communicated by the Ordering Users

• Name
• First name
• Gender
• Email address
• Phone number
• General company information
• Company logo
• Company name

General data generated by your use of the platform

• Browsing data
• Cookies and IP address
• Pages profiles visited

Statistical information about your use of our services

For example, we collect statistical data on the use of the search engine or contact form. Statistics also relate to commercial data such as the number of missions carried out, business volumes by category of Freelancers, customers.

Purposes

The data we collect allows us to provide, manage, protect, and improve our services, develop new ones, and protect both our users and ourselves.

• The creation and management of your account
• Use of the site services
• For Freelancers, optimizing your search engine ranking; for clients the proposal of the most relevant research results
• For clients and Order Giver, the possibility to contact you to propose profiles in line with your research
• Ensure that the proposed missions are relevant (lead moderation, anti-spam policy)
• Provide personalized follow-up to address you only relevant communications tailored to your needs directly related to the services of the site
• Guarantee the quality of profiles, fight against fraud, verify profile information

Data Recipients

The Site is the recipient of the personal data collected through the site. Some of the services and features provided by The Site require that we share information with other services or partners such as an email service (Mailchimp), a CRM (Pipedrive), and other statistical analysis tools (Google Analytics). We may also share this information for legal reasons or in the event of a dispute. The Site does not resell your data/information and documents that you entrust to us to third parties and we do not disclose personal and private information outside of the situations described in this Privacy Policy.

Data Security

We implement the appropriate technical and organizational measures to ensure security, confidentiality, integrity, the constant availability and resilience of the processing systems and services/ our information system and your data and protect the data against destruction, loss, alteration, unauthorized disclosure of personal data transmitted, retained or otherwise processed, or unauthorized access to such data.

We Undertake

We undertake to implement all available means to ensure the security and confidentiality of such data, in particular:

• We encrypt most of our services using SSL technology.
• Access to personal data is strictly reserved for employees and service providers of the Site who need access in order to process it on our behalf. These individuals are subject to strict confidentiality obligations and may be subject to disciplinary action up to and including termination of employment in the event of breach of those obligations.
• Access to the data (including contact details) of Freelancers is also possible with users registered as an Order giver on the Site in order to be contacted directly for missions.
• Access to Freelancers' data (with the exception of contact details and surname) is also possible with users registered as Prime Contractors on the Site.

The Rights

• Managing your information: You can access and update some of your information through your INSTAWORKER account settings.
• Correction of inaccurate or incomplete information: You have the right to ask us to correct inaccurate or incomplete personal information about you.
• Retention of data: After closing an account, the data is permanently deleted except for those that may allow the Site to justify the performance of its legal or contractual obligations. The data thus stored is for a limited period of time.
• Objection and deletion of data: When your personal information is processed for direct marketing purposes, you can, at any time, ask us to stop processing your data by sending an email via our online contact form.

The Site reserves the right to modify this Data Protection Policy at any time. In the event of a substantial modification such as the introduction of a new purpose.

For any inquiries regarding your personal data, please email us at Xxx@instaworker.ae

Cookies

When consulting the Site, cookies may be placed on the hard drive of the User's terminal (computer, tablet, mobile, etc.). A cookie is a text file, the purpose of which is in particular to collect information relating to navigation and the identification of the User.

The maximum retention period for cookies installed by the Company is 12 months. The User, however, has the possibility of opposing the use of these cookies by configuring their browser software appropriately.

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Intellectual property of the site

The Site and each of the elements that compose it constitute, together, a work protected by the laws in force on intellectual property, of which INSTAWORKER is the owner. No commercial exploitation, reproduction, representation, use, adaptation, modification, incorporation, translation, marketing, partial or complete, of these elements may be made without the prior written consent of the Site.

Intellectual property of published content

Any User who publishes content (text, images, comments, etc.) on the application retains full ownership of everything they publish.

By communicating content through the Site, the User expressly authorizes INSTAWORKER to use, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate and display all or part of the Content on the Site, social networks or on any other media, by any means, for the purposes of operating, improving, promoting, marketing, advertising the Services and the Site or for the purposes of establishing partnerships. This authorization is valid worldwide and for the entire duration of the User's registration.

The User acknowledges that any use of their content made by Instaworkers prior to their unsubscription, deletion or termination of their account cannot be called into question.

Duration, termination, and sanctions

This contract is concluded for an indefinite period from acceptance of the General Conditions by the User.

In the event that the User does not comply with all or part of the General Conditions or more broadly the laws and regulations in force, the Company reserves the right to suspend or close the User's account immediately, without prejudice to any damages and possible interest that the Company may claim.

Modification of the general conditions

The Company reserves the right to modify all or part of these General Conditions. In the event of a modification, the Company will inform Users by any means at its disposal.

The User will have 48 hours from the date of notification to express any disagreement with the new provisions of the General Conditions by any means. In the absence of notification of the disagreement within the deadlines specified above, the User will be deemed to have accepted the modifications made to the General Conditions.

Applicable law and jurisdiction

These General Conditions are subject to Emirati law. Any dispute relating to these General Conditions falls under the exclusive jurisdiction of the courts within the jurisdiction of the United Arab Emirates.