Terms of service and Privacy Policy


Last Updated November 1, 2016


TERMS OF SERVICE

Welcome to GetJama Jobs platform

BY REGISTERING FOR AND USING THE SITE, YOU CERTIFY THAT (1) YOU ARE AT LEAST 18 YEARS OLD; (2) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT AND BIND YOURSELF OR THE COMPANY YOU REPRESENT; (3) YOU AUTHORIZE THE ELECTRONIC TRANSFER OF FUNDS TO YOUR BANK ACCOUNT IN ACCORDANCE WITH SECTION 4 OF THIS PARTICIPATION AGREEMENT; AND (4) YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE TERMS AND CONDITIONS OF THE PAYMENT SERVICE AND ALL APPLICABLE POLICIES, PROCEDURES AND GUIDELINES.

This Participation Agreement (the " Agreement" ) is between you and GetJama (as defined below) and governs yours and JAMA’s respective rights and obligations with respect to your offering for sale, selling, requesting, purchasing, and/or providing Jobs (defined below) on or through the website or mobile app (as defined below).

1. Interpretation,

  1. " JAMA" , " we" , " us" or " our" means GetJama Limited Nigeria

  2. " Site" means the GetJama web site located at getjama.com, and any successor website thereto, including all services provided by us to you through the service platform on the Site

  3. “Mobile App” means the GetJama mobile apps available as downloads from the mobile stores or elsewhere

  4. " Jobs" means any service that you sell, offer to sell, request, purchase, and/or provide on or through the Site or Mobile App

  5. " Affiliate" means any entity controlled by, in control of, or under common control with JAMA

  6. " Requester" means you, if you use the Site or Mobile App to request that a Jaman perform Jobs

  7. " Jaman" means you, if you use the Site or Mobile App to perform Jobs for a Requester

  8. " JAMA Account" means your customer account on GetJama or its Affiliates.

2. This Agreement consists of the terms and conditions set forth in this document together with all applicable policies, procedures and/or guidelines that appear on the Site or Mobile App from time to time (collectively, the " Policies" which are hereby incorporated by this reference into, and made part of, this Agreement). GetJama reserves the right to change any of the terms and conditions contained in this Agreement and/or any Policies governing the Site or Mobile App, at any time, in its sole discretion. Any changes will be effective upon posting of the Agreement or Policies on the Site or Mobile App and may be made without any other notice of any kind. You are at all times responsible for reading and understanding each version of this Agreement and the Policies.

3. YOUR CONTINUED USE OF THE SITE FOLLOWING JAMA'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT (INCLUDING TO ANY OF THE POLICIES INCORPORATED HEREIN), DO NOT CONTINUE TO USE THE SITE or MOBILE APP.

4. Registration. When you register with the Site or Mobile App, you will be asked to provide us with, at a minimum, a valid email address or phone number, and other information may be requested at registration or afterwards. You agree to provide us with true and accurate information, and to update that information to the extent it changes in any way. When registering or updating your information, you will not impersonate any person or use an identity that you are not legally authorized to use.

  1. Passwords, Verification Code and Account Use. You are solely responsible for maintaining the secrecy and security of your password and verification code. You may not disclose your password and verification code to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on the Site or Mobile App. If your password or verification code is compromised, you must change your password or request a new verification code. You may not permit any other person to perform Jobs as Jaman using your GetJama Account. JAMA's Role: GetJama provides a venue for third­ party Requesters and third­ party Jamans to enter into and complete transactions. GetJama and its Affiliates are not involved in the transactions between Requesters and Jamans. As a result, we have no control over the quality, safety or legality of the Services, the ability of Jamans to provide the Jobs to Requesters' satisfaction. We are not responsible for the actions of any Requester or Jaman. We do not conduct any screening or other verification with respect to Requesters or Jamans, nor do we provide any recommendations. As a Requester or a Jaman, you use the Site at your own risk.

  1. Requesters in General: Upon completion of Jobs to Requesters' reasonable satisfaction, Requesters must pay Jamans for their Services. As a Requester, you agree that upon your approval of the Jobs performed by a Jaman, payment will be remitted to the Jaman automatically (as described in Section 4 below). After you have approved the applicable Services, you are not entitled to any refund of your payment for such Services. If a Requester is not reasonably satisfied with the Services, the Requester may reject the Services. As a Requester, you will be charged a fee for your use of GetJama in connection with each request for Services. The GetJama Fees may vary in the future. To the extent you receive any contact or personal information regarding any Jaman who has performed Jobs for you, such information may only be used as necessary for you to comply with applicable laws and for no other purpose whatsoever. Further, you agree that you will only accept work product from Jamans that has been submitted through the Site or Mobile App.

  1. Jamans in General. You may only register once with GetGetJama as a Jaman. Jamans may perform Jobs for any Requester in accordance with the specifications submitted by the Requester. However, if the Jobs do not meet the Requester's reasonable satisfaction, the Requester may reject the Job and repost the specific request. As a Jaman, the Requester for whom you provide Jobs is your client, and as such, you agree that the work product of any Jobs you perform is deemed a " work made for hire" for the benefit of the Requester, and all ownership rights, including worldwide intellectual property rights, will vest with the Requester immediately upon your performance of the Service. To the extent any such rights do not vest in Requester under applicable law, you hereby assign or exclusively grant (without the right to any compensation) all right, title and interest, including all intellectual property rights, to such work product to Requester. As a Jaman you are performing Jobs for a Requester in your personal capacity as an independent contractor and not as an employee of the Requester. You specifically acknowledge and agree to the following:

  1. You will not use scripts or other automated methods to complete the services;

  2. you will submit all work product through the Site or Mobile App only, and not directly to a Requester;

  3. you will provide Requesters for whom you perform Jobs with any information reasonably requested by them in connection your performance of such Jobs;

  4. you are responsible for, and have and will, comply with all applicable laws and registration requirements, including those applicable to independent contractors and maximum working hours regulations;

  5. this Agreement does not create an association, joint venture, partnership or franchise, employer/employee relationship between Jamans and Requesters, or Jamans and JAMA;

  6. you will not represent yourself as an employee or agent of a Requester or JAMA;

  7. you will not be entitled to any of the benefits that a Requester or GetJama may make available to its employees, such as vacation pay, sick leave, insurance programs, including group health insurance or retirement benefits;

  8. you are not eligible to recover worker's compensation benefits in the event of injury.

  1. Listing and promotions generally: As a Requester or Jaman, you may not sell, offer for sale, request, purchase, or provide any Service that violates applicable law or is prohibited by the Policies. Notwithstanding any provision of this Agreement, GetJama will have the right, in its sole discretion, to determine the content, appearance, design, functionality and all other aspects of the Site (including the right to re­ design, modify, remove and alter the content, appearance, design, navigation, functionality, and other aspects of the Site and/or any page thereof and any element, aspect, portion or feature thereof, from time to time).

  1. Information and Feedback: You must supply accurate and complete information for all Jobs in accordance with our data requirements, as may be designated by us from time to time, including in the Policies. You recognize and agree that GetJama will implement mechanisms allowing us and others to track your requests for, or your performance of, Jobs and rate your performance as a Requester or Jaman, and GetJama reserves the right to collect feedback regarding your performance and to post such feedback on the Site. You may not take any actions that may undermine the integrity of the feedback system. You agree that submission of any information, feedback, content, data or other materials (collectively, " Materials" ) is at your own risk, and that none of JAMA, its Affiliates, Requesters or Jamans has any obligations (including without limitation obligations of confidentiality) with respect to such Materials.

  1. Customer Service: GetJama will be responsible for and will have sole discretion regarding all customer service issues relating to use of the Site or Mobile App and its features.

  1. Your use of the Site and Mobile App is at your own risk. Because GetJama is not involved in the actual transaction between Jamans and Requesters, GetJama will not be involved in resolving any disputes between participants relating to or arising out of the Jobs or any transaction.

  2. The Jamans further agrees and undertakes to exclude and keep the GetJama and its Affiliates excluded from and against all or any claims (whether or not successfully compromised or settled) actions, liabilities, demands or proceedings brought or established against the Jaman as a result of the performance of the Jama’s obligations under this Agreement and against losses, costs, charges or expenses (including legal fees) which GetJama may suffer or incur as a result of such proceeding.”

  3. GetJama or its Affiliates will process all payments made by Requesters to Jamans (the " Payment Service" ). Requester payments made through the Payment Service are received by GetJama or its Affiliates on behalf of Jamans, and may be disbursed only in accordance with the terms outlined below.

  1. Prepaid Jobs: Each Requester must prepay for work they intend on acquiring through the Jobs. The amount paid must be at least equal to the total amount that will be owed to Jamans upon completion and acceptance of the Jobs and any amounts payable to GetJama in connection with Requester's use of the Site. After Requester's acceptance of the Jobs, the Payment Service will debit the amount owed to each Jaman from the Requester's Payment Account, and credit each Jaman’s Payment Account that amount.

ii. Disbursement of Funds to Jamans: When Jamans register with the Site, a payment account (" Payment Account" ) will automatically be established in conjunction with their registration. Jamans may disburse funds from their Payment Account by the following methods, at their option:

  1. to a Bank Account

  2. or by converting such funds to a credit for other platforms.

  3. Jamans may not share a bank account. We reserve the right to cancel your Payment Account for any reason.

  1. We reserve the right to terminate or suspend any Payment Account, or to delay the availability of any Jobs, transfer or disbursement of any amounts, in each case for any reason in our sole discretion, including, without limitation, if we believe that a Requester or Jaman is in violation of this Agreement. We reserve the right to restrict the transfer to Jamans of any amounts held in a Requester's account for such time as we reasonable deem necessary to protect us or others:

  1. if we are subject to financial risk,

  2. if a Jaman has violated any term of this Agreement or the Policies,

  3. if any dispute exists involving Provider's Payment Account or involving the Jobs provided by a Jaman, or

  4. in connection with fraudulent, abusive or unlawful activities as determined by us.

  1. Further, we reserve the right to restrict the transfer to Jamans of any amounts held in a Requester's account for up to twenty (20) Business Days following the Requester's acceptance of the Jobs provided by a Jaman.

  1. If GetJama terminates this Agreement because you have violated the Policies then

  1. any Jobs that have been completed by Jamans but not yet accepted by you will be deemed accepted and the applicable payments will be remitted to the Jamans and deducted from your account and

  2. your remaining account balance (if any) will become the property of JAMA.

  1. GetJama neither warrants that the operation of the platform or the operation of any platform Products will be uninterrupted nor error free, nor will it be 100% fraud or fail proof. However, GetJama warrants that it shall use its best endeavours to ensure that the platform functions optimally at all times during the term of this Agreement.

  1. GetJama retains the sole and exclusive authority to license its trademarks. All trademarks, copyrights, trade names and other proprietary rights in and with respect to GetJama's products and services are and will remain the exclusive property of GetJama. Nothing herein shall be deemed to constitute a license to the Jama to use GetJama's trademarks in connection with its business”

  1. “This Agreement shall be governed by, and construed and enforced in accordance with the laws of the Federal Republic of Nigeria.

  1. Where a dispute arises in the cause of performance of this Agreement, the aggrieved Party shall give written notice to the other Party of its grievances and the reasons for the grievances. Both Parties shall use their best efforts to settle such grievances. Any grievances which cannot be settled amicably within 15 (fifteen) days from the date of notification by the aggrieved Party shall be referred to arbitration by a sole arbitrator appointed by the Parties. If the Parties fail to agree on the appointment of the arbitrator within 14(fourteen) days from the date of referral, the Chairman of the Chartered Institute of Arbitrators (UK), Nigeria Branch, shall appoint the arbitrator. The arbitration shall take place in Lagos State, Nigeria and shall be conducted in English language, in accordance with the Arbitration and Conciliation Act Cap. A18 Laws of the Federal Republic of Nigeria 2004. The award of the arbitrator shall be final and binding on the Parties. Each Party shall pay its respective costs of the arbitration and the Parties shall evenly share the cost of the arbitrator.”

PRIVACY POLICY

THE WAY THIS WEBSITE PROCESSES, STORES AND PROTECTS USER DATA AND INFORMATION IS DETAILED WITHIN THIS POLICY. BY USING THE SITE, YOU AGREE TO THE COLLECTION AND USE OF INFORMATION IN ACCORDANCE WITH THIS POLICY.

  1. The terms used in this Privacy Policy have the same meanings as in our Terms of Service unless otherwise defined in this Privacy Policy.

  1. You can visit our website without revealing any personal information. However, we needs certain personal information if you wish to deal in any of our Jobs/products. Where required, this information may include your personal contact information and/or your company contact information. We will use this information to respond to your inquiries, provide you with requested Jobs/products and services, set up your account, and contact you regarding new Jobs/products and services.

  1. By accessing our Jobs/products and services, and voluntarily providing us with the requested personal information, you consent to the collection and use of the information in accordance with this privacy policy.

  1. This website uses cookies to better the users experience while visiting the website. This allows the website, through its server to provide the users with a tailored experience within this website. Our website uses these “cookies” to collection information and to improve our Service. You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Service.

  1. We may disclose your personal information to our Affiliates and third parties who work on our behalf to provide Jobs/products and services requested by you. We will share personal information for these purposes only with third parties whose privacy policies are consistent with ours or who agree to abide by our policies with respect to personal information. We may otherwise disclose your personal information when:

  1. We have your express consent to share the information for a specified purpose;

  2. We need to respond to subpoenas, court orders or such other legal process;

  3. We need to protect the personal safety of the users of our websites or defend our rights or property;

  4. We find that your actions on our websites violate our Terms of Use or any of our usage guidelines for specific Jobs/products or services.

  1. Our website may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

  1. This website operates an email newsletter program, used to inform subscribers about Jobs/products and services supplied by this website. Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user.

  1. This website may contain sponsored links and adverts. Clicking on any such adverts may send you to the advertiser’s website through a referral program which may use cookies and will track the number of referrals sent from this website. This may include the use of cookies which may in turn be saved on your computer’s hard drive. Users should therefore note they click on sponsored external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.

  1. This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.

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