TERMS AND CONDITIONS
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TERMS AND CONDITIONS
ACCEPTANCE OF THE GENERAL CONDITIONS OF USE
By your presence on the site and during your registration, you express your acceptance of the general conditions of use set out below. We invite you to carefully read these general conditions of use to understand the service offered, the rules to be followed, and to be sure to use Okstark properly.
DEFINITIONS
- “Okstark” (“we” and “our”) means Ruka Technologies Inc., registered under NEQ 1176875012.
- “Project Holder” means any person or company who submits or publishes a project on the platform for a Freelancer to bid on it.
- “Project” means a project submitted by a project leader via our service.
- “User” or “You“, means any person who uses the services of Okstark.
- “Service” means any procedure or service that is provided by Okstark to users, which includes, but is not limited to: information, services and products provided through the website, telephone, or email.
- “Freelancer” means any person or company that registers on the site to bid on the projects submitted by the project leaders.
- “Site” and “Website” means the site www.Okstark.com and all pages, content and sub-domains contained therein.
- “Demonstrated Interest”, “Demonstrated Interest” and “Demonstrated Interest” means having contacted a recruiter through our website.
- “Service contract” means any agreement concluded between a Freelancer and a project leader on the services to be performed. A service contract can be concluded by a verbal exchange in person, by telephone, by email or in the form of a written statement or contract.
OKSTARK’S OBLIGATIONS TOWARDS YOU
- If you have requested it: inform you of any changes made to the general conditions of use (see “changes to the general conditions of use”).
- When necessary: to remind you of your obligations towards Okstark during your use of the service.
- Handle your personal information responsibly.
- Provide operating procedures designed to ensure service security and system availability.
- Respond to your questions regarding the Terms of Service, the Okstark service itself and information related to your account.
YOUR OBLIGATIONS TOWARDS OKSTARK
- Accept responsibility for any action you may take against Okstark for any event (see indemnification).
- Have read and understood the general conditions of use. You agree to respect them and to keep yourself informed of any changes. If there are any aspects of these Terms that you do not understand, you should seek further explanation from Okstark.
- Be 18 or older.
- Always, use Okstark responsibly and in good faith.
- Do not allow anyone but you to access your account.
- Use Okstark for your own benefit. You must bid or post a bid in your own name or in the name of your company. You cannot, refer another person, sell, rent, lend, assign, offer all or part of the service without prior written approval from Okstark.
- Use the Okstark Service lawfully without violating the rights, limitations or prohibitions set forth in these Terms.
- Comply with the User Commitment and Okstark Registration Terms.
SITE SECURITY, CONTROL OPERATED BY OKSTARK
Okstark has implemented security measures to protect you against the loss, misappropriation or fraudulent use of your information. However, if you become aware of fraudulent use of your account, password or any other breach of security, you must notify Okstark immediately.
It is strictly forbidden to use or transmit the tools at your disposal in order to compromise the security of the site, to manipulate the resources of the system or the right of access to the Internet network, to try to guess the passwords, to hack or spy on the network without authorization.
Okstark users are required, upon request, to take an active role in the prevention of computer hacking. If you are personally implicated in any security system breach, Okstark reserves the right to report details and circumstances to system administrators, other sites, as well as relevant legal authorities, to assist in their investigation. and in resolving such situations.
USER PRIVACY
Okstark cares about the security and privacy of its users.
You are responsible for keeping your password and account confidential. You alone, and not Okstark, are entirely responsible for the content that you post, e-mail or otherwise transmit.
Your username and password allow access to the site only for personalized use. In order to best ensure the security of users, Okstark may ask you to change your password, at its discretion, without necessarily providing you with the reason.
You acknowledge and agree that Okstark may view content transmitted through the service. Okstark reserves the right, in its sole discretion, to refuse any content. You further acknowledge and agree that Okstark has the right to
- (i) remove or remove any content that violates the terms hereof or is otherwise objectionable;
- (ii) terminate all or part of the right of access corresponding to your account and your password at any time and with immediate effect and/or prohibit any further access to the service, if Okstark has good reason to believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use.
Furthermore, you acknowledge and agree that
- (i) any termination of your access to the service pursuant to the terms hereof may occur without prior notice;
- (ii) Okstark shall not be liable to you or to any third party for any termination of your access to the service;
- (iii) Okstark may be required to disclose the content to comply with the laws in force or at the request of justice, to enforce the conditions of use of the service, to respond to complaints alleging the violation of the rights of third parties , to protect the rights or interests of Okstark, its users or the public.
You understand and agree that Okstark cannot be held responsible for the accuracy or inaccuracy of the personal information provided by other users of the site or yourself.
You are aware that all information and data of any kind, whether brought to the attention of the public through the site or partner sites or transmitted privately, are the sole responsibility of the person who issued the said content. .
Okstark is committed to respecting and protecting your privacy.
USER ENGAGEMENT
You agree not to use Okstark in a way that is illegal and/or prohibited by these general conditions of use. You agree to comply with all applicable local, state, national and international laws. You are responsible for all acts performed under your account, including the content of your exchanges through the Okstark service. For example, and in a non-limiting way, you agree not to use the Okstark services for in particular:
– Harm in any way to any person whatsoever;
– Transmit any content that could constitute, without the following being limiting, incitement to the commission of crimes and misdemeanors; incitement to discrimination, hatred or violence on the basis of race, ethnicity or nation; fake news;
– Undermining the authority of justice; information relating to the adoption, trial, suicide of minors, or an individual tax situation; defamation and insult; invasion of privacy;
– Endanger minors, in particular through the manufacture, transport and dissemination of messages of a violent or pornographic nature or of a nature to seriously undermine human dignity;
– Attempt to mislead other users by usurping the name, identity, or corporate name of other people;
– Display, transmit by electronic messages or in any other way any content violating any patent, registered trademark, trade secret, intellectual property right or any other property right belonging to others;
– Transmit images representing naked people, works of art, or protected by copyright;
– Post, transmit by e-mail or otherwise any unsolicited or unauthorized advertising or promotional material (including engaging in “spam”, or any other form of solicitation), harass in any way another or more other users;
– Transmit, share all information, contact details (address, telephone number, email address, etc.) of users to any third party (users or not);
– Transmit, share any information, contact details (address, telephone number, email address, etc.) of a third party (users or not) to users;
– Completely subcontract a mandate to a third party (users or not);
– Subcontract to a third party that is not a company registered in Quebec; – Collect and store personal data relating to other users;
– Contravene, intentionally or not, any national or international law or regulation in force as well as any other rule having the force of law.
– Recruit members for a pyramid scheme or multi-level marketing.
HOW TO REGISTER WITH OKSTARK
- Your personal information: you agree to provide accurate and complete information about yourself and/or your company (Registration data. Project leaders can remain anonymous if they wish by checking the “Anonymous” option when publishing a project).
- You agree to keep this information up to date and at all times true, complete and accurate.
- You must use the Okstark service under your own identity, without impersonating another person, living, dead or imaginary.
- You agree to receive notifications of new projects (you can unsubscribe at any time).
- You give us permission to use public information about your business for advertising purposes.
In the event that you provide false, inaccurate, outdated or incomplete information, Okstark would be entitled to suspend or terminate your account and immediately and for the future refuse you access to all or part of the site.
Okstark has no obligation to verify the accuracy or veracity of its users’ registration data. Okstark declines all responsibility for any conflicts that may arise with other software when using its service on the user’s computer.
FREE SERVICES
Project leader, you can create a profile, publish projects (job offer not accepted) up to 3 projects and receive quotes from professionals.
Freelancer, you can projects (job offer not accepted) up to 3 projects and receive quotes from professionals.
PAID SERVICES
- A Freelancer Pack allows you to: Bid infinitely on client projects – Have your profile verified – Access to the list of projects – Access to instant messaging (Clients) – Access to 24/7 user support – Free options included
- A Client Pack allows you to: Publish your projects endlessly – Have your profile verified – Access to the list of projects – Access to instant messaging (Clients + Freelancers) – Access to 24/7 user support – Free options included
- A Pro + Pack allows you to: Bid endlessly on client projects – Publish your projects endlessly – Have your profile verified – Access to the list of projects – Access to instant messaging (Clients + Freelancers) – Access to 24/7 user support – Free options included
- You accept the price and features specific to the PRO subscription you chose when you purchased.
PURCHASE AND REFUND POLICY
Firm sale. No refund or exchange will be made after subscribing to one of our paid services, even in the event of non-use of our services or computer breakage during the period of validity of your package.
Price: The prices of our services are indicated in Canadian dollars.
All our prices do not include QST (Quebec Sales Tax) and GST (Goods and Services Tax), taxes will be charged extra during the transaction.
End of rights: the end of your rights to use a paid service does not automatically lead to the deletion of your account since you have the possibility of remaining a user of the free services.
To permanently delete your account, email us at info@Okstark.com.
PROPERTY RIGHTS OF THE OKSTARK SITE
This platform is owned by Okstark. The site and all of its content (including but not limited to (1) text, (2) photographs, (3) graphics, (4) page layout (5) design presented by and as part of the service by Okstark) are owned by Okstark or third parties, protected by trademarks, patents and copyrights or proprietary rights.
Any unauthorized use by others would constitute a legally punishable act of counterfeiting. You are authorized to access and use the site and everything it contains on a single computer, for private or commercial use. In addition, using all or part of the site on another website, a computer network or any other medium is prohibited.
Decomposing, reversing, disassembling or copying and/or reading the code used by the site’s software for the purpose of examining, copying or creating derivative products, based in whole or in part on the site’s software, is strictly prohibited, except within the limits set by law.
No part of the site may be reproduced, published, copied, recorded, posted, transmitted, broadcast or distributed in any way except as permitted by law, unless you receive specific prior permission from Okstark.
Trademarks owned by Okstark, including the Okstark mark and its respective design, may not be copied, patterned or used, in whole or in part, without specific prior permission from Okstark.
Additionally, page headers, custom graphics, icon buttons, and scripts are trademarks and/or product wraps owned by Okstark which may not be copied, traced or used, in whole or in part, without the prior specific authorization of Okstark. Other trademarks or their respective designs are the property of their respective owners.
USER RESPONSIBILITY
In view of the volume of information exchanged, control of the content transmitted via the Okstark site can only be limited. Accordingly, Okstark does not guarantee the veracity, probity or honesty of this content.
You understand and agree that:
- You use the Okstark service at your own risk.
- Each user is responsible for his behavior and his interactions with other users of the site.
- Each user is responsible for the content, information, or any other element that he decides to bring to the attention of other users of the site. In fact, these elements are distributed “as is”, without express or implied guarantee of any kind, in particular with regard to the accuracy or validity of the brands or any content distributed on the site.
- The information and content included in, or available through, the service may contain inaccuracies or typographical errors.
- At any time changes may be made by Okstark and/or its respective suppliers to improve and/or modify the service and/or its content.
- These Terms of Use prevail over any other information or advice, oral or written, that you may have obtained from Okstark.
Okstark cannot under any circumstances be held liable in particular for the content, errors or omissions in any content, any damage resulting from the use of any content displayed, transmitted by electronic messages or in any other way via the site. More generally, Okstark cannot be held liable for any direct or indirect damage that may arise from the use or, on the contrary, from the impossibility of using the site.
RECOMMENDATIONS AND EVALUATIONS OF FREELANCER OR PROJECT LEADERS
Some freelancers will be evaluated and recommended by project leaders and freelancers.
The Companies understand that Okstark is not responsible for the content of any Comments Proponents post, or any damages caused by such content.
The project leader or Freelancer who displays the evaluations is directly responsible for their written evaluation. In exceptional circumstances, Okstark may delete the information, but only at its sole discretion. Likewise, any project leader or freelancer on the site who displays information with reference to a company or freelancer is responsible for its accuracy and legality.
All users understand that any use of vulgar language, defamatory behavior, illegal activity, or any other form of abuse of the ratings function or any other part of the site may be banned and reported to the authorities, if appropriate.
Okstark performs a number of checks on the information to ensure authenticity and may, in our sole discretion, remove any comments that we cannot verify.
NO WARRANTY AND NO RECOMMENDATION
Okstark provides the Site solely for the purpose of connecting you with freelancers. You use the site entirely at your own risk.
Although we take certain steps to verify the credentials of freelancers, we make no guarantees or representations as to their skills or the quality of work that freelancers will perform for you if you decide to retain their services. We strongly encourage you to ensure that these freelancers have the relevant skills for the work you are asking them to perform and to conduct any other reference and background checks that you deem necessary.
Okstark does not endorse or recommend the services of any particular freelancer. It is solely up to you to enter into a contract or reach an agreement directly with a freelancer. We do not guarantee the work performance of freelancers, nor the result or the quality of the services provided by them.
Freelancers are not employees, representatives or agents of Okstark, nor is Okstark a representative or agent of freelancers. Okstark does not provide the services referred to in your service request and is not responsible for them.
Your rights under contracts you enter into with freelancers are governed entirely by the terms of those contracts and by applicable federal, provincial and municipal laws and regulations.
DISPUTE WITH A FREELANCER
If you have a dispute with a freelancer, you should settle it directly with them. Okstark will not attempt to settle any dispute between you and a Freelancer and is not responsible for any disputes, claims, losses, harms or damages of any kind that may arise or result from the conduct of a Freelancer.
In consideration for the privilege of access to the Site, you hereby agree to release Okstark, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, suppliers and other partners from any and all claims, demands and damages (compensatory and consequential) of any kind, known or unknown, presumed or unpresumed, stated or unstated, arising in any way from any dispute you may have with one or more Freelancers, or related in any way to such dispute.
LIMITATION OF LIABILITY
Okstark cannot guarantee that the site will be available at all times, without interruption or error, nor that its site or the servers which allow the operation of the site online are free of viruses or may not malfunction. Thus, although every effort is made to keep the information accessible and to operate the system, no guarantee of accuracy, reliability and always effective connection should be implied by users of the site.
Okstark does not warrant that use of the site or any part of the site will not infringe the rights of others and assumes no responsibility for errors or omissions in any part of the site.
Okstark cannot guarantee that each user will achieve their expectations and aspirations by using this site. Okstark only makes tools and resources available to users.
Further, Okstark shall not be liable, in any way, for any loss or damage resulting from the use or inability to use any or all of its content, information, software, services or other content on Okstark , for whatever reason, even if Okstark has been advised that such loss or damage may occur. In such event, you alone shall bear the cost of any service, repair or correction which may result.
Finally, you agree that Okstark is not liable in any way for direct, indirect, general, special, compensatory, incidental (including lost prize), exemplary or punitive damages (even if Okstark has been advised of the possibility of such damages ) that may arise in any way from, or relate to, access to or use of, or use of, this Site or Okstark Services.
Okstark shall not be liable for any and all damages of any kind, whether such damages are direct, indirect, general, special, compensatory, incidental (including lost prize), exemplary or punitive (even if Okstark has been advised of the possibility of such damages) arising out of or relating to anyone’s conduct in connection with the use of the Okstark Site or Services, including but not limited to bodily injury, emotional and any other damages resulting from the services rendered by a Freelancer.
ABUSE
You are not authorized to send, create or respond to messages (spamming) that could have a detrimental effect on the operation of the site or prevent users from using the site normally.
You are not authorized to reproduce, sell, resell or exploit, in any way, the services or access to the services of the site.
You are not allowed to publish a project or be part of our community if you plan to hire a freelancer without monetary compensation. If we have a complaint with evidence of your behavior in this regard, you will be banned from our community immediately.
COMPENSATION
In the event of a lawsuit brought against Okstark, following an infringement or violation of the general conditions of use which would be attributable to you, you agree to indemnify Okstark (including its employees, administrators, representatives, distributors and affiliates) by paying it damages and interest corresponding to the costs incurred (including lawyer’s fees) and compensation for damages suffered.
LINKS WITH OTHER SITES
The site contains links to other sites on the Internet, over which Okstark has no control. You understand and agree that Okstark cannot be held responsible for the content or appearance of these sites.
Okstark would like to remind you in particular that we do not monitor the data transmitted to these other sites. We strongly encourage you to check the security and privacy policies of these sites before doing any business with them.
MODIFICATION OR TERMINATION OF THE OKSTARK SERVICE
You acknowledge that Okstark may, in its sole discretion, change your password, terminate your account or your use of the Service and all information and files related to your account. Okstark may deny you further access to such information, files or services UNLESS we mutually consent in writing.
Okstark may also remove any or all of its content and services for any reason, including without limitation if Okstark believes you have violated the terms or spirit of its Terms of Service.
At any time Okstark reserves the right to modify or discontinue, temporarily or permanently, all or part of its service, with or without notice. Nevertheless, when possible, Okstark will make sure to notify its users of any termination or suspension of their access to the service.
You acknowledge that Okstark shall not be liable to you or any other party for the interruption or termination of its service.
MODIFICATIONS TO THE GENERAL CONDITIONS OF USE
Okstark reserves the right to change or update its Terms of Service or Privacy Policy at any time without notice. Your presence on the site implies your full acceptance of any revision or modification.
These Terms of Service were created on August 22, 2022.
AGREEMENT BETWEEN OKSTARK AND ITS USERS
These general conditions of use constitute the agreement binding Okstark to its users. This agreement supersedes any other related or previous agreement.
APPLICABLE LAWS AND JURISDICTION
These general conditions of use are subject to the laws of Quebec and Canada. You expressly acknowledge that any action brought by you, Okstark or any other party to enforce these Terms of Use or any other component relating to the Site, shall be brought exclusively before the District of Montreal.
DIVISIBILITY
If any provision of this site is declared invalid, void or unenforceable for any reason, such provision shall be deemed severable and shall not affect the validity and enforceability of any other provisions of this site.