Terms and Conditions

Effective date: January 1, 2022

WorksElement is a digital marketplace facilitating and securing relationships between property owners and contractors. We aim to promote high construction standards and support dedicated and thorough contractors.

The web platform builds on three key pillars: quality works, trust relationships, and seamless transactions.

These terms and conditions outline the rules and regulations for the use of www.workselement.com, related websites, mobile apps, products and services offered by WorksElement, including our plug-ins and browser extensions (collectively, the "WorksElement Platform”, also referred to as "WorksElement", “the Platform”, "we", or "us" in this Terms and Conditions).

We encourage you to review this Terms and Conditions carefully. By accessing or using the WorksElement Platform in any way, including browsing www.workselement.com, you are agreeing to these Terms and Conditions in their entirety.

1. Using the WorksElement Platform

Anyone who is at least the age of majority in the country where you live may use the WorksElement Platform.

By using the WorksElement Platform in any way, you understand and acknowledge that the terms of the Privacy Policy apply to you, regardless of whether you have created an account on WorksElement.

Access to certain functionalities of the WorksElement Platform will require you to register with us and to create a profile on our Platform. You also may have the option to register for an account by linking your Facebook, Google, LinkedIn, Instagram, or any other social media account. If you register with WorksElement, you agree to provide us with accurate information and update it as needed for accuracy. We will treat personal information you provide as part of registration in accordance with our Privacy Policy.

You may close your account at any time by going to account settings and deactivating your account. We may permanently or temporarily suspend your use of the WorksElement Platform at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason if you violate any WorksElement policy.

We welcome your feedback and suggestions about how to improve the WorksElement Platform. Feel free to submit feedback at info@workselement.com. By submitting feedback in this or in any other manner to us, you grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.

2. Content and Data Management

Your content

The WorksElement Platform enables you to post materials, including photos, profile pictures, documents, messages, comments. You may also post reviews of third-party service providers, third-party products, or third-party services. All materials that you post on the WorksElement Platform will be referred to collectively as "Your Content."

By posting, uploading, or submitting Your Content on the WorksElement Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all necessary licenses or permissions from any relevant parties, to use Your Content in this manner. You besides warrant that Your Content does not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy.

You hereby grant us to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any form, format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content.

We reserve the right to monitor all content and to remove any content, in whole or part, for any reason.

Data collection

We collect several different types of information for various purposes to improve the WorksElement Platform. By using the Platform, you agree to the collection and use of information in accordance with this policy, such as but not limited to personal data (email address, name, phone number, address), usage data, tracking and cookies data.

WorksElement will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with our Privacy Policy as detailed below.

Cookie policy

We employ the use of cookies. By accessing WorksElement, you agree to the use of cookies in agreement with the WorksElement's Privacy Policy.

A cookie is a small data file that is placed on your device when you visit a website. Cookies are widely used in order to make websites work or work more efficiently, as well as to provide reporting information.

Some cookies are required for the Platform to operate, for example, to identify you as being logged into the Platform.

Some cookies provide a better experience on our Platform, for example to remember your settings and activities on our Platform.

Some cookies collect information about how you use the Platform to help us improve how our Platform is being used, and to help us understand what may interest you so that we may personalize your experience accordingly.

We and third parties use cookies to make advertising more relevant to you. These third parties (such as ad networks and advertising partners) and we may use these cookies to collect information about your activity across your different devices on our Platform and third-party websites and apps (such as web pages you visit and your interaction with our advertising and other communications).

You can amend or "opt out" of the collection of any information through cookies by actively managing the settings on your browser or mobile device.

If you wish to contact us with any questions or concerns, please contact us at info@workselement.com.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Platform.

Privacy Policy

By electing to submit your phone number to us and agreeing to these Terms and Conditions, you agree to receive communications from WorksElement, including via text messages, calls, pre-recorded messages, and push notifications. These communications include, for example, operational communications concerning your account or use of the WorksElement Platform, updates concerning new and existing features on the WorksElement Platform, communications concerning promotions run by us or third parties, and news relating to the WorksElement Platform and industry developments. Standard text message charges applied by your telephone carrier may apply to text messages we send. If you submit someone else’s phone number or email address to us to receive communications from WorksElement, you represent and warrant that each person for whom you provide a phone number or email address has consented to receive communications from WorksElement.

If you wish to stop receiving promotional emails or promotional text messages, we provide the following methods for you to opt-out or unsubscribe: (a) follow the instructions we provide in the email or initial text message for that category of promotional emails or text messages or (b) if you have an account on the WorksElement Platform, you may opt-out or unsubscribe using your settings.

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

3. Secure payment solution

If you use the WorksElement Platform to pay an invoice for goods or services from a professional, you authorize us and our third-party payment processor to charge the method of payment associated with your account. You agree to pay the entire amount that you approve, including any taxes and fees. If such amounts are reversed and deducted from our accounts, you agree to remit the amounts to us and, if you fail to do so, you authorize us and our third- party payment processor to collect the amounts from you, using any legal manner without prejudice to any other right or remedy we may be entitled to under these Terms and Conditions or by law. If you are involved in a credit card dispute involving a payment made through or in connection with the WorksElement Platform, such as a chargeback, you agree to provide us and our third-party payment processor with all information relevant to the dispute.

4. Third-party sites

You may be provided the opportunity on the WorksElement Platform to purchase services that are offered by third parties (collectively "Third-Party Services"), including those offered by professionals registered on the WorksElement Platform. The availability of any Third-Party Services on the WorksElement Platform does not imply our endorsement of the Third-Party Services.

The WorksElement Platform may contain links to other websites (the "Third-Party Sites") for your convenience. We do not control the linked websites or the content provided through such Third-Party Sites. Your use of Third-Party Sites is subject to the privacy policies and Terms and Conditions established by the specific linked Third-Party Site, and we disclaim all liability for such use. The availability of such links does not indicate any approval or endorsement by us.

Hyperlinking to our content

We may approve link requests from third-party organizations if we decide that: (a) the link would not make us look unfavorably; (b) the organization does not have any negative records with us; (c); and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are interested in linking to our website, please contact us at info@workselement.com.

5. Disclaimers and limitations of liability

Exclusion of Representations and Warranties

Information and documents provided on the WorksElement Platform are, so far as permissible by law, provided "as is" and without any warranty. WorksElement makes reasonable efforts to include accurate and up-to-date information on its websites; it does not, however, make any representations or give any warranties as to its accuracy, integrity, completeness, legality, applicability, currency and/or appropriateness. Your use of the WorksElement Platform is, so far as permissible by law, at your own risk.

WorksElement make no promises with respect to, and expressly disclaim all liability, to the maximum extent permitted by Law, for (a) content posted by any Third-Party on the WorksElement Platform, (b) the products and services description, (c) Third-Party sites and any Third-Party product or service listed on or accessible to you through the Platform, and (d) the quality or conduct of any Third-Party you encounter in connection with your use of the Platform.

You agree that, under the maximum extent permitted by Law, WorksElement will not be liable to you under any theory of liability. Without limiting the foregoing, you agree that WorksElement specifically will not be liable for (a) any indirect, incidental, consequential, special, or exemplary damages, loss or profits, business interruption, reputational harm, or loss of data (even if WorksElement has been advised of the possibility of such damages or such damages are foreseeable) arising out of and in any way connected with your use of, or inability to use, the WorksElement Platform or (b) any amount, in the aggregate, in excess of the amounts paid or payable by you to WorksElement in connection with the WorksElement Platform in the twelve (12) month period preceding the applicable claim. Your use of the WorksElement Platform, products, information, or services is at your sole risk.

6. Indemnification

You agree to fully indemnify, defend, and hold WorksElement and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this Terms and Conditions; (b) any allegation that any materials you submit to us or transmit to the WorksElement Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the WorksElement Platform or other websites to which the WorksElement Platform is linked; and/or (d) your negligent or willful misconduct.

7. Dispute resolution

If you have a dispute with WorksElement, you agree to contact us at info@workselement.com.

8. Miscellaneous

Should you have any questions regarding these Terms and Conditions, please contact us at info@workselement.com.

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