KWORK SERVICE
USER AGREEMENT

KWORK SERVICE USER AGREEMENT

This Kwork Service User Agreement (hereinafter the "Agreement") is entered into by and between Mirafox Limited, a company registered under No. 2386193, with its address at: Unit F, 11/F, CNT Tower, 338 Hennessy Road, Wan Chai, Hong Kong, represented by Director Elna Paulette Lafortune, acting on the basis of the Articles of Association (hereinafter the "Operator"), and a person who has successfully registered on the Kwork.ru website (hereinafter the "Service") and begun using the Service (hereinafter the "User").
Please carefully read the text of this Agreement. Acceptance of this Agreement by successfully completing registration on the Kwork.ru website and starting to use the service means complete and unconditional acceptance of the conditions of this Agreement and all other documents referenced in this Agreement (hereinafter the "Related Documents"). For the purposes of this Agreement, the User and the Operator are hereinafter jointly referred to as the "Parties" and individually as a "Party".
This Agreement is not a paid contract for the provision of services, transfer of rights to use the Service, a license agreement or other contract involving payment for the services of the Operator or remuneration to the Operator, and represents the set of general rules and requirements governing the use of the Service by the User.

By accepting the terms of this Agreement, the User represents and warrants that he/she is at least 18 (Eighteen) years of age and is of legal age under the laws of the country of which the User is a citizen.

KEY DEFINITIONS

"Service" - An interactive software package owned by the Operator, including a website located on the Internet at https://kwork.com, intended for use by the User in accordance with the terms and conditions posted thereon.

"User" - An individual who has registered as a User on the Service and accepted this Agreement and the terms of the Related Documents.

"Personal Account" - The personalized section of the Service, which is closed for public access. The Personal Account is accessed by entering authentication details on the Service login page: login and password.

"Paymore" - The payment system https://paymore.org, the Operator's partner, ensuring secure transactions between Users and allowing the User to make settlements with other Users, and to make and receive payments when using the Service. To use the Paymore, the User must accept all necessary user agreements, the Paymore 's offer agreement, and other documents of the Paymore, on the basis of which work with the Paymore is carried out.

 1.

GENERAL CONDITIONS

1.1.

By accepting the terms of this Offer Agreement and creating the User's Personal Account on the Service, the User agrees to satisfy and comply with all the rules and requirements regarding use of the Service, and the terms of the Related Documents, and agrees with the rules and prices for paying for third-party services and the rules for making payments on the Service, and the Operator provides the User access to the Service under the terms of this Agreement and the Related Documents.

1.2.

No intellectual property rights with respect to the Service or its software are granted to the User under any conditions.

1.3.

The Software's detailed description and the list of the Service's services and functionality available for the User to use are displayed in the User's Personal Account on the Service, as well as in the Related Documents. All provisions of the Related Documents apply to this Agreement as if they were included herein directly or by reference.

 2.

RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1.

The User has the right to:

2.1.1.

Stop using the Service at any time;

2.1.2.

Withdraw the User's Remuneration on the terms of the Paymore and the Related Documents;

2.1.3.

Use the Service's functionality in accordance with its intended purpose.

2.2.

The User must:

2.2.1.

Register a Personal Account as a User on the Service;

2.2.2.

Take due care in protecting the User's login and password, which are necessary to protect access to the Service against unfair use by third parties, and promptly notify the Operator of any cases of unfair use via Feedback;

2.2.3.

Pay for the services of third-party Users through the Paymore, taking into account the size of the Paymore's commission.

2.3.

The Operator and the Paymore have the right to:

2.3.1.

Deny use of the Service and block the User's Personal Account without paying the balance if the User is found to be in breach of any provision of this Agreement or the Related Documents, as well as any provision of the contract and (or) user agreement with the Paymore.

2.4.

Transaction security

2.4.1.

Transactions between Users are secured by the Paymore and through the Paymore, which is used by Users to make payments.

2.5.

The Operator guarantees:

2.5.1.

That it possesses all the rights necessary to provide the User with the opportunity to use the Service under this Agreement.

 3.

PAYMENTS, SETTLEMENTS WHEN USING THE SERVICE

3.1.

All payments when using the Service are made by the User through the Paymore in accordance with the rules, conditions and commissions established by the Paymore.
The User must accept the terms of the Paymore's offer agreement (see the Related Documents), its user agreement, and other documents governing the use of the Paymore.

3.2.

For certain actions performed through the Service (such as the User's performance of works and/or the User's provision of services within the scope of various Kworks placed on the Service by the User and ordered by other Users of the Service), the User may receive payment for his/her works/services through the Paymore ("User's Remuneration").

3.3.

By accepting the terms of this Agreement, the User agrees that the Operator does not provide the User with any paid services and does not accept payments or make payments in favor of the Users.

3.4.

The Operator is not responsible for any amounts of commissions that may be charged by the Paymore when transferring or receiving any payments under the Service.
The User agrees with the above condition, and independently bears the risks relating to the User's chosen option for receiving the Remuneration or making payment for the services of other Users, such as: the commissions of the Paymore, the commissions of the Paymore's partners, the Operator's remuneration provided for by the partnership agreement between the Operator and the Paymore, which is included in settlements when the Service is used by Users.

3.5.

The User is independently obligated to pay all taxes and fees applicable to any monies received by the User through the use of the Service, and agrees that the Operator is in no case the User's tax agent under this Agreement or otherwise.

3.6.

The Operator provides the payment page on the Service for the User to make payments using the Paymore and to add the necessary payment details. At that, the User agrees that the Operator is not involved in the process of making payments, that the Operator is not a payment services provider and does not process payments.

 4.

TERM OF THE AGREEMENT AND TERMINATION

4.1.

This Agreement is effective upon acceptance of its terms by the User, and continues in full force and effect until termination of User's use of the Service.

4.2.

The User has the right to stop accessing and using the Service at will at any time.

4.3.

The Operator has the right to unilaterally terminate this Agreement at any moment at the Operator's sole discretion, inter alia, in case of breach by the User of any provision of this Agreement or any provision of any of the Related Documents.

 5.

RELATED DOCUMENTS

5.1.

Concurrently with accepting the terms of this Agreement and registering a Personal Account on the Service, the User accepts the terms of all documents related to this Agreement that directly govern the use of the Service and are included in this Agreement by reference (referred to as the "Related Documents"):

5.1.1.

Terms of KWORK Service, available at https://kwork.com/terms_of_service;

5.1.2.

KWORK Service Privacy Policy, available at https://kwork.com/privacy;

5.1.3.

KWORK Service Dispute Resolution Policy, available at https://kwork.com/resolution;

5.1.4.

User's Offer Agreement with the Paymore, available at https://paymore.org/offers/kwork;

5.2.

By accepting the terms of this Agreement and registering a Personal Account on the Service, the User confirms that he/she accepts all the terms of all the Related Documents, including liability for violation of their provisions. The User undertakes to conform to the terms and conditions of the Related Documents for the full term of effect of this Agreement.

5.3.

The Related Documents may establish liability both for violation of their provisions and of this Agreement. The User undertakes to conform to the terms and accepts liability and requirements of the Related Documents for the full term of this Agreement.

 6.

GENERAL

6.1.

This Agreement is regulated and interpreted in accordance with the laws of Hong Kong.

6.2.

The User and the Operator agree to submit to the exclusive jurisdiction of the competent courts of Hong Kong to resolve any legal matters arising from this Agreement.

6.3.

The Operator reserves the right to modify this Agreement in any way, as well as from time to time to establish new or additional rules, policies or conditions regarding the Service, notifying or not notifying the User about doing so. The Operator may notify the User of the amendments to this Agreement by sending an email message to the email address listed in User's Personal Account information or by posting the notice on the Service. The User is solely responsible for regularly reviewing this Agreement. The User's use of the Service or any part thereof after any changes to this Agreement are posted on the Service or otherwise made available for review will be considered the User's complete agreement of those changes. If the User objects to any such changes, he/she is entitled to stop using the Service.

6.4.

The User agrees that the User is not considered a worker, employee, or agent of the Operator, and that the User is not entitled to represent himself/herself as such.

6.5.

The User does not have the right to assign his/her rights and obligations under this Agreement in whole or in part. The Operator may assign this Agreement or any of its rights and obligations under this Agreement without the User's consent at any time.

6.6.

In no event shall the Operator be liable for any failure of performance resulting from causes beyond the reasonable control of the Operator, including without limitation: natural disasters, wars, terrorism, rebellions, embargoes, actions of civil or military authorities, fires, floods, accidents, strikes, or shortages of means of transportation, fuel, energy, labor or materials, and the Operator is not responsible for DDoS attacks and (or) other attacks on the Service made by third parties, nor their consequences, for technical problems of the hosting provider that affect the operability of the Service, nor for the unavailability of the Service for any other reason not directly related to the Operator's actions.

 7.

CONTACTS

7.1.

If the User has any comments or questions regarding the User's use of the Service, the User may contact the Operator using the following contact information for communicating with the Operator: info@kwork.ru

 8.

Operator's Details

 

Registration number 2386193,
Address: Unit F, 11/F, CNT Tower, 338 Hennessy Road, Wan Chai, Hong Kong

Director Elna Paulette Lafortune