TERMS AND CONDITIONS

By using our website [www.ckrowd.com] and all related sites and/or services, you agree to these Terms of Use. The website Privacy Policy (where applicable) is incorporated by reference into these Terms of Use.

This Terms of Use is an agreement between you and CKROWD INC. ('The Company'). It details our obligations. It also highlights certain risks in using the services, and you must consider such risks carefully as you will be bound by the provisions of this Agreement through your use of this website or any of our services.

Acceptance of Terms of Use

By accessing, visiting, or using the website, you accept and agree to be bound by the Terms. Please read carefully. Further, you shall be subject to any additional terms of use that apply when you use certain services/products or posted guidelines or rules applicable to our Services, which may be posted and modified from time to time. All such guidelines are hereby incorporated by reference into the Terms.

ANY ACCESS, USE, OR PARTICIPATION IN THE SERVICES WILL CONSTITUTE ACCEPTANCE OF THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES, OUR SITE, OR MOBILE APPLICATION, OR ACCESS OUR SERVICES.

About Us

We are a talent outsourcing technology platform that connects talents/contractors, companies, and organizations internationally with trained and verified industry professionals from around the globe. We are dedicated to making it extremely easy for creatives, corporations, individuals, and anyone, regardless of technical background, to bridge the gap between talents and companies who require their services. With a global presence, we provide off-the-shelf solutions to unlock Africa's talent pool potential.

Our Service

We connect international talent and business partners with verified talents, amplifying visibility to industry professionals.

We are positioned to staff the verified talent for the required role.

We are not a bank and do not offer banking services in any parlance or by any relevant definition.

Our platform seamlessly integrates with both global and local licensed payment partners. It features a robust multi-currency system, ensuring swift global deployment across nations within a specified period.

Who May Use Our Services?

You may use our Services only if you agree to form a binding contract with CKROWD INC. and are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, business, or organization, you represent and warrant that you are authorized to do so.

Eligibility

By using the Services, you represent that:

• You have attained the age of 18 years;
• You are of sound mind and have the capacity to enter into a legally binding contract;
• All personal information that you provide about yourself is accurate and true to the best of your knowledge, and you have the responsibility to maintain the accuracy of the information at all times;
• You have carefully considered the risks involved with using the Services; and
• Your use of the Services does not violate any applicable law or regulation.

Account Creation

While you can browse the site and utilize the Checkout without creating a user account (“Account”), accessing and utilizing our Services requires you to have an Account. In creating an Account, you must provide us with accurate and complete registration information as prompted during the registration process, including your name, a valid email address which may function as your username, and a password of your choice, subject to certain requirements. Each Account registration is for a single user only. You shall not misrepresent your identity or your affiliation with any person or organization, and you are not allowed to use another user's Account for any purpose whatsoever

You may access the profile associated with your Account (“Profile”) on the App/Web when you are logged in. When you access your Profile, you can edit certain information, including your email address and password, or any additional information relating to your Profile. You can also contact us directly at [insert email] to edit your information. It is your responsibility to ensure your contact information is accurate and up to date.

Identity Verification - KYC/KYB

You are required to provide valid identification documents to be verified before you are fully onboarded to the Services. Your account will be restricted to certain limits if your Know Your Customer (“KYC”) or Know Your Business (“KYB”) is not completed and/or your identity is not verified.

Talent Verification

CKROWD INC. is committed to ensuring a secure and trustworthy platform for talents and employers/clients. To maintain the integrity of our platform and the quality of services offered, all talents seeking to be onboarded will be required to undergo a comprehensive verification process. This process includes:

• Identity Verification: All talents will provide valid identification documents (such as government-issued ID, passport, or driver's license) and any other documents required for Know Your Customer (KYC) compliance.
• Professional Background Check: We require verifiable proof of qualifications, work experience, and industry credentials. This may include certificates, portfolios, references, or other supporting documentation.
• Skill Assessment: CKROWD INC. reserves the right to administer technical or professional assessments to validate the competencies and expertise of talents in relevant fields before approving their profiles for display on the platform.
• Ongoing Monitoring: Talents may be subject to periodic reviews and re-verifications to ensure that their profiles remain up-to-date and compliant with CKROWD's standards. Failure to maintain valid or accurate information can result in suspension or termination of access to the platform.

CKROWD INC. does not guarantee employment or engagement for talents but ensures the verification process to create a reliable pool of qualified professionals for employers and clients.

Verification of Employers, Clients, Customers, and Subscribers

To protect talents and ensure legitimate interactions, CKROWD INC. requires employers, clients, customers, and subscribers using the platform to undergo verification before accessing certain features or engaging talents. This verification process includes but is not limited to:

• Identity and Business Verification: Individuals and entities must provide accurate identification details and, where applicable, business registration documents (such as certificates of incorporation, tax ID, or other relevant business documentation) as may be deemed fit/ required.
• Know Your Business (KYB) Compliance: CKROWD INC. may require further documentation from employers and business clients to verify their operational legitimacy and compliance with local laws. This may include ownership details, business history, and operational scope.
• Payment and Transaction Verification: CKROWD INC. integrates with licensed payment gateways that ensure verified, secure transactions. Employers and clients may be required to provide valid payment information and comply with our multi-currency system protocols.
• Trust and Safety Reviews: CKROWD INC. reserves the right to conduct background checks or reviews of employers, clients, and customers based on user feedback, complaints, or system monitoring to prevent fraudulent or harmful activities on the platform.

Failure to comply with verification requirements or providing false, incomplete, or misleading information may result in account suspension, restricted access, or permanent removal from the platform. CKROWD INC. strives to maintain a safe, professional environment for all users and reserves the right to refuse or revoke access to any user found in violation of these standards.

Account Protection

You are responsible for maintaining the security and confidentiality of your username and password and should not share your Account information with third parties or allow third parties to use your Account. If you believe an unauthorized person has obtained your password or accessed your Account, you must notify us immediately via email at [insert email]. We will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge or permission. However, you may be held liable for any losses we or another related party incur due to someone else using your Account.

Intellectual Property Protection

Subject to your compliance with these Terms, CKROWD INC. grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any content made available on or through the Services and accessible to you, solely for the uses authorized by these Terms and any other agreement incorporated into these Terms.

The Services, entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) on all our platforms and channels, are owned by CKROWD INC., its licensors, or other providers of such material and are protected by the laws of the Copyright Act of 1976 (as amended), the Patent Act of 1952 (as amended), and the Lanham Act of 1946 (as amended) and other jurisdictional (the USA) relevant intellectual property or proprietary rights laws. The content/material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of the Company, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

Prohibited Use of the Website

By using the website, you agree that you will not, without the Company’s consent and approval:

• Use any of the Services in violation of these Terms;
• Copy, modify, create a derivative work from, reverse engineer, or reverse assemble the website, the App function, or otherwise attempt to discover any source code, or allow any third party to do so;
• Use, display, mirror, or frame the Content, or any individual element within CKROWD’s website, CKROWD’s name, any trademark, logo, or other proprietary information belonging to CKROWD, or the layout and design of any page or form contained on a page in the website, without CKROWD’s express written consent;
• Dilute, tarnish, or otherwise harm the Company’s brand in any way, including through unauthorized use of our Services/Content, registering and/or using the “CKROWD INC.” name or derivative terms in domain names, trade names, trademarks, or other source identifiers, or registering and/or using domain names, trade names, trademarks, or other source identifiers that closely imitate or are confusingly similar to the Company’s domains, trademarks, taglines, promotional campaigns, or Content;
• Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in, or otherwise transfer any right in, or make available to a third party, the Services or any part thereof;
• Use any page-scrapes, 'robots', 'spiders', or other automatic devices, programs, algorithms, or methodologies, or any similar or equivalent manual processes, to access, copy, or monitor any portion of the Site or the Application;
• Use the Services in any manner that damages, disables, overburdens, or impairs the Services or interferes with any other party's use and enjoyment of any of the Services;
• Utilize the Services for any illegal purpose;
• Attempt to gain unauthorized access to any of the Services;
• Probe, scan, or test the vulnerability of the website or any network connected to the website, or breach the security or authentication measures on the website or any network connected to the website;
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or any systems or networks connected to the website;
• Use any device, software, or routine to interfere or attempt to interfere with the proper working of any of the Services.

Third-Party Services

We may display, include, or make available third-party content (including data, information, applications, and other products/services) or provide links to third-party websites or services ('Third-Party Services'). Third-party services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

You acknowledge and agree that CKROWD INC. shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Disclaimer & Limitation of Liability

The website and services are provided “as is,” without any representations or warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. The Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or use of trade. In no event shall CKROWD INC., its directors, shareholders, employees, or agents be liable for any direct, indirect, special, incidental, or consequential damages arising out of or in connection with the use of the website, the app, or the services, even if advised of the possibility of such damages.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Updates, Modifications & Amendments

We may update, modify or amend our Terms of Use as our technology evolves. We reserve the right to make changes to this Terms of Use at any time by giving notice of the update to users. Via the App/Website.

We advise that you check the notification page often. If a user objects to any of the changes to the Terms of Use, the User must cease using our website and/or services immediately.

Indemnification

You agree to indemnify, defend and hold harmless the Company, its affiliated companies, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Services, or any violation by you of these Terms.

Legal disputes

Arbitration and Dispute Resolution Clause

• Dispute Resolution:

  In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof (a 'Dispute'), the Parties shall first attempt to resolve the Dispute through good faith negotiations between the Parties.

• Arbitration:

  If the Dispute cannot be resolved through negotiation within thirty (30) days of the commencement of discussions, either Party may submit the Dispute to binding arbitration in accordance with the following terms:
  1. Arbitration Body: The arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
  2. Venue and Jurisdiction: The arbitration proceedings shall take place in the State of Delaware, USA, via an online meeting platform consented to by both parties or at a mutually agreed-upon location.
  3. Arbitrator's Authority: The arbitrator shall have the authority to grant any remedy or relief that the arbitrator deems just and equitable, including injunctive relief and specific performance.
  4. Finality and Enforcement: The arbitrator's decision shall be final, binding, and non-appealable. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

• Costs and Fees:

  Each Party shall bear its costs and expenses of arbitration, including attorneys' fees, but the arbitrator may award costs and attorneys' fees to the prevailing Party. This gives the arbitrator the power to shift the financial burden to the party that did not prevail.

• Waiver of Jury Trial:

  The Parties agree to waive any rights to a jury trial for any dispute that may be resolved through arbitration or litigation.

• Confidentiality:

  The arbitration and all related proceedings shall remain confidential. Neither Party shall disclose any information regarding the arbitration, including the existence of the arbitration, any materials prepared for arbitration, or any rulings made by the arbitrator, except as may be required by law or to enforce any arbitration award.

• Exceptions:

  Nothing in this clause shall prevent either Party from seeking preliminary injunctive relief or other provisional remedies in a court of competent jurisdiction to prevent irreparable harm pending the resolution of the Dispute through arbitration.

Severability

If any portion of these Terms of Use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.

Assignment

This agreement is a personal agreement between CKROWD and you. As a result, you are not allowed to assign your rights under this agreement to a third party. On the other hand, we can and will only transfer any of your and our rights or obligations under the agreement if we reasonably think that this won't have a significant negative effect on your rights under these Terms or if we need to do so to meet any legal or regulatory requirement.

Waiver

Our failure or delay in enforcing any of our rights under these terms, if you break the agreement, does not amount to a waiver and will not prevent us from enforcing those or any other rights at a later date within the period stipulated by applicable law.

Privacy Policy

You agree to CKROWD’s Privacy Policy, which explains how we collect, use and protect the personal information you provide to us.

Termination

The Company reserves the right to terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.