Terms of Service

This Terms of Service was last modified on September 20, 2017.

This Terms of Service describes the terms and conditions which you accept by using our Website or our Services. We have incorporated by reference some linked information.

In this Terms of Service:

"Account" means the account associated with your email address.

"User" means a User that purchases Taimingu Services. A User may be both a User and a Job seeker under this agreement.

"Taimingu", "we", "our", “company” or “the company” or "us" means Taimingu.

"Inactive Account" means a User Account that has not been logged into for a 6 month period, or other period determined by us from time to time.

"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.

"Job" means a job offered via the Website, which may include a Job listed by a User, a Job added by Taimingu.

"Taimingu Services" means all services provided by us to you.

"User", "you" or "your" means an individual who visits or uses the Website.

"User Contract" means: (1) this Terms of Service; (2) any other contractual provisions accepted by both the User uploaded to the Website, to the extent not inconsistent with the Terms of Service; (4) any other material incorporated by reference from time to time.

"Website" means the Websites operated by Taimingu and available at: Taimingu.com and any of its regional or other domains, subdomains or properties, and any related Taimingu service, tool or application.

1. Overview

By accessing the Website, you agree to the following terms with Taimingu.

We may amend this Terms of Service and any linked information from time to time by posting amended terms on the Website, without notice to you.

The Website is an online venue where Users can post and promote jobs offers and search user and jobs database. Users should register for an Account in order to fully enjoy our service. The Website enables Users find candidates for the posted job offers, we merely facilitate connections between the parties.

We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.

2. Scope

Before using the Website, you must read the whole Terms of Service, the Website policies and all linked information.

You must read and accept all of the terms in, and linked to, this Terms of Service, Privacy Policy and all other Website policies. By accepting this Terms of Service as you access our Website, you agree that this Terms of Service will apply whenever you use the Website, or when you use the tools we make available to interact with the Website. Some Websites may have additional or other terms that we provide to you when you use those services.

3. Eligibility

You will not use the Website if you:

  1. are under the age of 16;
  2. are suspended from using the Website; or
  3. do not hold a valid email address.

All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.

Subject to your local laws, a person over 16 but under 18 can use an adult's account with the permission of the account holder. However, the account holder is responsible for all actions taken by the account, without limitation.

Users may provide a business name or a company name, which is associated with the User's Account.

We may, at our absolute discretion, refuse to register any person or entity as a User.

You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.

4. Using Taimingu

While using the Website, you will not attempt to or otherwise do any of the following:

  1. post content or items in inappropriate categories or areas on our Websites and services;
  2. infringe any laws, third party rights or our policies;
  3. fail to deliver payment for services delivered to you;
  4. circumvent or manipulate our fee structure, the billing process, or fees owed to Taimingu;
  5. post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
  6. take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
  7. transfer your Taimingu account (including feedback) and Username to another party without our consent;
  8. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  9. distribute viruses or any other technologies that may harm Taimingu, the Website, or the interests or property of Taimingu users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
  10. download and aggregate listings from our website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
  11. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
  12. copy, modify or distribute rights or content from the Website or Taimingu's copyrights and trademarks; or
  13. harvest or otherwise collect information about Users, including email addresses, without their consent.

5. Intellectual Property Rights Infringement

It is our policy to respond to clear notices of alleged intellectual property rights infringement. If you believe that your Intellectual Property Rights have been violated, please notify us via contact form on our Website and we will investigate.

6. Fees and Services

We charge fees for certain services, such as listing upgrades and memberships. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule. We may choose to temporarily change the fees for our services for promotional events. Such changes are effective when we post a temporary promotional event on the Websites, or as notified through promotional correspondence.

Unless otherwise stated, all fees are quoted in United States Dollars.

7. Taxes

You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.

Depending on your residency or location, you may be subject to certain taxes, on certain fees that we charge. These taxes will be added to fees billed to you, if applicable.

You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.

8. Payment Administration Agent

You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate, affiliates, or any other third party to act as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf.

Such affiliates may include, without limitation, Peers Group, Taimingu.

Such a third party will have the same rights, powers and privileges that we have under this Terms of Service and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent's negligence and/or acts beyond the authority given by Taimingu.

9. Promotion

We may display your company or business name, logo, images or other media as part of the Taimingu Services and/or other marketing materials relating to the Website, except where you have explicitly requested that we do not do this and we have agreed to such a request in writing.

You acknowledge that we may use the public description of your Jobs and the content of your profile information on the Website for marketing and other related purposes.

10. Content

When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.

You represent and warrant that your content:

  1. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
  2. will not violate any law or regulation;
  3. will not be defamatory or trade libellous;
  4. will not be obscene or contain child pornography;
  5. will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
  6. will not contain material linked to terrorist activities
  7. will not include incomplete, false or inaccurate information about User or any other individual; and
  8. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of Estonia. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and Taimingu Services and may close your Account.

Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.

We provide unmonitored access to third party content, including User reviews and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.

The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.

In relation to deletion or hiding of any information or content, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations.

11. Recommendations, Karma and Reviews

You acknowledge that you transfer copyright of any recommendations, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication etc.) together with any composite rating by us. You acknowledge that such recommendation, karma and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such recommendation, karma and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the Taimingu feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.

Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of User Services via the Website. You may not use your User or User feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a website operated by Taimingu or its related entities, without our written permission.

12. Advertising

Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a Job, item listed, user or service being performed on the Website.

We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as as result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by Taimingu or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.

13. Communication With Other Users

Communication with other users on the Website must be conducted through email. Communication using external services such as Skype, Facebook, etc is allowed.

We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.

14. Know Your Customer

You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.

You must also, at our request, provide copies of identification documents (such as your passport or drivers' licence). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.

We reserve the right to close, suspend, or limit access to your Account, the Website and/or Taimingu Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.

We reserve the right to update your particulars on the website in order to match any KYC documentation that has been provided. Disbursements such as wire transfers from the website may only be made to the beneficiary matching your provided KYC documents and account information.

If you are not Taimingu verified you may not be able to withdraw funds from your Taimingu account, and other restrictions may apply. See the Know Your Customer and Identity Verification Policy for more details.

15. Funds

You may have positive funds in your Account if you have prepaid for fees or charges or for services to be provided to you via the Website. There are also circumstances where funds may have been credited to your Account in relation to an affiliate program or a referral program.

Funds in your Account are held by us in our operating accounts held with financial institutions. Funds in your Account are not held separately by us, and may be commingled with our general operating funds, and/or funds of other User's Accounts.

You are not entitled to any interest, or other earnings for funds that are in your Account.

We may receive interest on funds held by us in our operating accounts from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.

If your Account has negative funds, we may:

  1. set-off the negative amount with funds that you subsequently receive into your Account;
  2. if you have funds in multiple currencies in your Account and one of the currencies becomes negative for any reason, we may set-off the negative amount against funds you maintain in a different currency (at an exchange rate applied by us);
  3. deduct amounts you owe us from money you subsequently add or receive into your Account; or
  4. immediately suspend or limit your Account until such time as your Account no longer has a negative amount.

In the event that we offset a negative amount of funds pursuant to this section, it may be bundled with another debit coming out of your Account.

We reserve the right to collect any funds owed to us by any other legal means.

You acknowledge and agree that:

  1. we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;
  2. the funds shown in your Account (which may include any prepayment of fees and charges which you owe to us) represents our unsecured obligations to you with respect to your rights to direct us to make payment for the Taimingu Services;
  3. if you were a User acquired in an acquisition and your account was migrated to the Website, we are responsible for your positive funds only to the extent of the legal documentation between us and any acquired website, along with this agreement, and you acknowledge specifically that the onus is on you to confirm the validity of your fund, and that any understatement or misstatement in relation to this is not a claim against us, and belongs with the counterparty of any prior user agreement to which you agreed;
  4. to the extent that we are required to release funds from your Account to you, you will become our unsecured creditor until such funds are paid to you;
  5. we are not acting as a trustee or fiduciary with respect to such funds or payments;
  6. the amount of funds showing in your Account is not insured and is not a guaranteed deposit;
  7. funds may only loaded into your Account, or released from your Account, by us and you must only use the mechanisms available on the Website to pay for, or receive funds in respect of User Services;
  8. any refunds required to be processed in your favour will be returned only to the source of the original deposit, and cannot be redirected to any other payment source;
  9. we will hold funds in respect of the amount of your Account in an account held by us with a financial institution (or in any manner that we decide in our sole discretion from time to time) and such funds are not segregated into a separate account; and
  10. we may commingle your funds with funds of other Users and our own funds and such commingled funds could be used to pay other Users or for our general corporate purposes or otherwise, however, we will remain obliged to release or refund funds at your direction in accordance with this Terms of Service.

16. Limits & Fraud Prevention

We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.

If we become aware that any funds received into an Account from another Account as a result of a fraudulent transaction, this will be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds.

We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:

  1. we believe there may be an unacceptable level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback;
  2. we believe that the beneficiary of the payment is someone other than you;
  3. we believe that the payment is being made to a country where we do not offer our Service; or
  4. we are required to do so by law or applicable law enforcement agencies.

17. Refunds

Deposits for Taimingu Services such as job promotion, can't be refunded.

18. Withdrawals

You can request a withdrawal by emailing us at office@taimingu.com if the amount held on your account is bigger than 300 USD or equivalent.

19. Chargebacks

A chargeback (being a challenge to a payment that a User files with their card issuer or financial institution), and any subsequent reversal instruction, is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow such instructions.

You acknowledge and agree that we will be entitled to recover any chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Users through the Website, as well as any processing or any other fees whatsoever incurred by us on those chargebacks and reversals.

You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your payment product issuer or third parties (such as payment processors). If you initiate any chargeback request or other “Request for Information” or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.

20. Inactive Accounts

We reserve the right to close an Inactive Account.

We reserve the right to close an account with nil or negative funds.

21. Right to Refuse Service

We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:

  1. if we determine that you have breached, or are acting in breach of, this Terms of Service;
  2. if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
  3. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
  4. you do not respond to account verification requests;
  5. you do not complete account verification when requested within 3 months of the date of request;
  6. you are the subject of a United Nations, Australian, EU, USA or other applicable sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you;
  7. to manage any risk of loss to us, a User, or any other person; or
  8. for other reasons.

If we close your Account due to your breach of this Terms of Service, you may also become liable for certain fees as described in this Terms of Service.

Without limiting our other remedies, to the extent you have breached this Terms of Service, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this Terms of Service will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this Terms of Service, we may take legal action against you to recover losses.

If we close your Account for a reason other than as a result of your breach of this Terms of Service, unless as otherwise specified in this Terms of Service, you will be entitled to receive any payment due from us to you, limited by the amount of your balance in our system.

In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

22. Disputes With Us

If a dispute arises between you and Taimingu, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by emailing us at office@taimingu.com.

For any claim, Taimingu may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Taimingu elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that Taimingu will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against Taimingu must be resolved in accordance with the terms of this Terms of Service. All claims filed or brought contrary to this Terms of Service shall be considered improperly filed and a breach of this Terms of Service. Should you file a claim contrary to this Terms of Service, Taimingu may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Taimingu has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

You agree that you will not pursue any claims arising under this Terms of Service on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Taimingu will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Terms of Service.

Taimingu's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

23. Currencies

Some of the Websites will display rates in the local currency of that Website, in addition to the actual amount. These rates are based on a conversion from the originating currency using indicative market exchange rates. You understand and agree that these rates are only indicative and the amount specified in the origin currency is the actual amount.

As a convenience service, you may withdraw funds from the Website in another currency. If you wish to do so, you will be quoted an exchange rate which will be available for the time specified, which you may choose to accept. We may charge a fee for effecting the currency conversion transactions. This fee will be embedded within the rate provided to you and the currency exchange will be settled immediately.

We reserve the right to reject any request for a conversion of currency at any time.

You are responsible for all risks associated with converting and maintaining funds in various available currencies, including but not limited to the risk that the value of these funds will fluctuate as exchange rates change, which could result in decreases in the value of your funds in aggregate. You must not use (or attempt to use) the Website to engage in speculative trading, which could result in substantial losses. We are not a financial services provider.

All information included on the Website in respect of currency conversion is general information only. Use of currency conversion is at your own risk. Currency conversions are final and irreversible.

24. Survival and Release

This agreement supersedes any other agreement between you and the Company. If any part of this document is found to be unenforceable, that part will be limited to the minimum extent necessary so that this document will otherwise remain in full force and effect. Our failure to enforce any part of this document is not a waiver of any of our rights to later enforce that or any other part of this documents. We may assign any of our rights and obligations under this document from time to time.

If there is a dispute between participants on this site, or between users and any third party, you agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release the Company, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

25. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Website via any means, including for the avoidance of doubt access to our API or application programming interface, for any purpose without our express written permission.

Additionally, you agree that you will not:

  1. take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
  2. interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  3. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the websites without the prior express written permission of Taimingu and the appropriate third party, as applicable;
  4. interfere or attempt to interfere with the proper working of the Websites, services or tools, or any activities conducted on or with the Websites, services or tools; or
  5. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

26. Closing Your Account

You may close your Account at any time, please contact us to do so.

Account closure is subject to:

  1. not having any outstanding listings on the Website;
  2. resolving any outstanding matters (such as a suspension or restriction on your Account); and
  3. paying any outstanding fees or amounts owing on the Account.

We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.

27. Privacy

We use your information as described in the Taimingu Privacy Policy. If you object to your information being transferred or used in this way then you must not use our services. For the avoidance of doubt, your name and personal details shall be used for identity purposes in the normal course of conducting business in this jobs aggregator. This may include on invoices, on your profile pages and any other relevant pages where you conduct business.

28. Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Terms of Service, or your infringement of any law or the rights of a third party in the course of using the Website and Taimingu Services.

In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this Terms of Service.

29. Security

You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Account or the Taimingu Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorised access of your account resulting from your failure to secure your password.

30. No Warranty as to Each User's Purported Identity

We cannot and do not confirm each User's purported identity on the Website. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that a User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.

31. No Warranty as to Content

The Website is a dynamic time-sensitive Website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidentally by us or accidentally or purposefully by a third party.

Our Services, the Website and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:

  1. the Website or any User Services or Taimingu Services;
  2. the accuracy, reliability, availability, veracity, timeliness or content of the Website or any User Services or Taimingu Services;
  3. whether the Website or User Services or Taimingu Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
  4. whether defects in the Website will be corrected;
  5. whether the Website, the User Services or the Taimingu Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, User Services or Taimingu Services;
  6. any third party agreements or any guarantee of business gained by you through the Website, User Services or Taimingu Services or us; or
  7. the Website, User Services or Taimingu Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.

To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.

32. Limitation of Liability

In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

  1. any indirect, special, incidental or consequential damages that may be incurred by you;
  2. any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
  3. any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.

To the extent that we are able to limit the remedies available under this Terms of Service, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Taimingu services again or the payment of the cost of having the Taimingu services supplied again.

33. Legal Limitations

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation. We may plead this Terms of Service in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this Terms of Service.

You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.

34. Notices

Legal notices will be served or to the email address you provide to Taimingu during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

Any notices to Taimingu must be given by registered ordinary post (or if posted to or from a place outside Estonia, by registered airmail).

35. Law and Forum for Legal Disputes

This Terms of Service will be governed in all respects by the laws of England. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and Taimingu irrevocably submit to the non-exclusive jurisdiction of the courts of Estonia.

36. Severability

The provisions of this Terms of Service are severable, and if any provision of this Terms of Service is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Terms of Service may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this Terms of Service.

37. Interpretation

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

38. No Waiver

Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

39. Communications

You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.

40. Additional Terms

It is important to read and understand all our policies as they provide the rules for trading on the Taimingu Website. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Terms of Service and provide additional terms and conditions related to specific services offered on our Websites, including but not limited to:

Each of these policies may be changed from time to time. Changes take effect when we post them on the Taimingu Website. When using particular services on our Website, you are subject to any posted policies or rules applicable to services you use through the Website, which may be posted from time to time. All such policies or rules are incorporated into this Terms of Service.

40. General

Taimingu is a brand of Peers Group located at 4th Floor 86-90 Paul Street, London EC2A 4NE, United Kingdom.

This Terms of Service contains the entire understanding and agreement between you and Taimingu. The following Sections survive any termination of this Terms of Service: Fees And Services (with respect to fees owed for our services), Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, Legal Limitations, and Disputes With Us.

46. Abusing Taimingu

Taimingu reserves to the greatest extent possible all rights, without limiting any other remedies, to limit, suspend or terminate our service(s) and or user account(s), suspend or ban access to our services, remove any content, and to take any and all technical or legal steps to ban users.

Without limiting the reasons for taking the aforementioned actions, conduct giving rise to this response could include:

  1. use of our services for any illegitimate or non bona fide purpose
  2. creating problems with other users or potential legal liabilities
  3. infringing the intellectual property rights of third parties
  4. acting inconsistently with the letter or spirit of any of our policies
  5. abuse of any staff members including inappropriate or unreasonable communications
  6. any attempt to use Taimingu’s platform or services for any objectionable purpose

41. Feedback

If you have any questions about this Terms of Service or if you wish to report breaches of this Terms of Service, please contact us by emailing us at office@taimingu.com.