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Terms of Use of www.woila.net
This Web site is offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time.
1. INTRODUCTION TO WOILA. Upon your registration, you may choose your own password or Woila will assign you a password to access the Woila services through the Woila Web site. You could also skip this registration and search for the required Services.
2. WOILA SERVICES. At Woila we are committed to making your total Woila experience an Unique and Wonderful one. Upon entering your information and the request for which you would like a service provider, we will provide you with a list of service providers in your area, if any, who may be interested in fulfilling your service need. You could choose the Service Provider closely matching your need and go through the payment process.
However, we do not guarantee that we will be able to match your service needs with a service provider or that there are service providers in your area that either are capable or willing to complete your service needs. Although we take certain steps to examine the credentials of our listed service providers, we make no guarantees or representations regarding the skills or representations of such service provider or the quality of the job that she may perform for you if you elect to retain their services. The service providers are not employees or agents of Woila, nor is Woila an agent of the service providers. Woila does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with service providers are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any service provider, you must address such dispute with the service provider directly, and you hereby agree to release Woila and any other person, firm or entity (including any employees, agents, partners, etc) from any damages or claims of every kind arising out of or in any way connected with your dealings with Service Providers.
3. RESOLUTION PROCESS. While we cannot guarantee the work performed by a listed service provider, the Woila resolution process has been developed to try and assist you in resolving any issues that may arise in the course of service request and which may be the fault of a service provider who you learned about through the Woila services. Under the circumstances more fully described herein and upon completion of all required procedures, although we have no such obligation, we may, upon your request, provide limited assistance in resolving disputes between you and a service provider. You must participate and use good faith efforts to resolve problems through the Woila resolution process. If, in its sole discretion, Woila determines that you have not participated and cooperated in good faith in the resolution process, Woila may terminate such Resolution Process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.
The liability of Woila is only to the extent of monetary amount paid upfront for the Services as requested by the Consumer. Woila will try through its resolution process to either deliver satisfactory service to the Consumer Or will try to use its network to provide the same service through another Service Provider. However, Woila cannot guarantee that the Service would be as per the Consumer expectations. Any issues with the service need to be directly addressed and dealt with the Service Provider. Woila can act as a mediator or advisory agent in such disputes, and is not obligated to provide any compensation beyond the amounts paid by the Consumer for the Service.
4. INFORMATION PROVIDED TO US. Upon using the Woila services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as past service requests etc., on our Web site. Some of this information will be sent to service providers who will need this information to respond to you or to other persons or entities in connection with our business. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our service providers and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business. For complete details on our use of your information, please see our Privacy Statement on the website. You agree that by completing a service request, you are entering into a business relationship with Woila and its partners and thus agree to be contacted by Woila and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Woila has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Woila has the right to refuse any current or future use of the Woila services (or any portion thereof) by you. You are responsible for any use of the Woila services by persons to whom you intentionally or negligently allow access to your password.
5. WOILA SERVICES. You acknowledge and agree that your use of the Woila services is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on the Woila Web site, including but not limited to Service Provider profiles, screening information, and Ratings & Reviews (including any ratings and reviews provided by you), is the sole and exclusive property of Woila, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Woila for any such damages, and will indemnify Woila in the event of any third party claims against Woila based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the Woila Web site and services at any time. All information about service providers is confidential and for your personal use only. If it is determined or suspected by Woila in its sole discretion that you are misusing or attempting to misuse or circumvent the Woila services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Woila reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
To knowingly give false information as part of the Information sheet collected , is a very serious and fraudulent matter. This can cause significant damages and costs to Woila and its Service Provider Network, and to Consumers. This can result in fines and penalties. Also, if you knowingly input false information in a Service Request , you would be liable to Woila and each Woila Service Provider that accepts such requests for a sum of $10,000 USD or the actual costs/damages/penalties (whichever is greater).
In cases where the information has been submitted, but there has been a Cancellation due to unavoidable circumstances by the Consumer and hence the Service Request was not completed, a nominal fee would be charged to the Consumer for the time/effort/cost of goods spent on the Service request to date.
6. DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB SITE. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Woila server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Documents specified above do not include the design or layout of the Woila Web site or any other Woila owned, operated, licensed or controlled site. Elements of Woila Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Woila web Site may be copied or retransmitted unless expressly permitted by Woila.
7. LINKS TO THIRD PARTY SITES. The links in the Woila Web site will let you leave Woila's Web site. The linked sites are not under the control of Woila and Woila is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Woila is not responsible for webcasting or any other form of transmission received from any linked site. Woila is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Woila of the site.
8. SERVICE PROVIDER REGISTERING PROCESS AND DISCLAIMERS. Woila.net uses the following criteria as part of its registration enrollment process ("registration") for new service providers applying for membership in our network:
- Past Reference Checks
- “Try-it-yourself” Procedures
- Management Associate linked to each Service Provider to ensure timely and quality deliverables
- Basic Background Checks
- Checks regarding Certifications/Licenses if any
Service Providers Profiles: Woila posts Service Providers profiles about themselves and their Service qualifications on the Woila Web site. Woila does ,to the best of its ability ,verify the information or representations set forth in those profiles, as they are self-reported by the Service Provider.
The above procedures may change from time to time at the sole discretion of Woila. Woila believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members are appropriately licensed, free of bankruptcies or civil or criminal legal judgments, or carry appropriate general liability insurance or bonding at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, Woila advises consumers to check these matters for themselves especially at future dates. Woila does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that Woila checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
However, Woila disclaims any and all warranties related to the pre-screening process, or any postings/information presented. Woila does not warranty that the signing up or verification procedures are sufficient and error-free.
9. INDEMNIFICATION. You agree to indemnify Woila and its subsidiaries, affiliates, employers, officers, agents, and all other partner and hold them harmless from any and all claims or demands including attorney’s fee, made by any 3rd party due to or arising from your use of the Woila services or in any form of connection with the Woila website or your violation of these terms and conditions or arising from your violation of any rights of a 3rd party.
10. GENERAL PROVISIONS. You acknowledge and agree that the Woila services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Woila's sole obligation to you or any third party for any claim arising out of your use of the Woila services or the Woila Web site, is that you are free to discontinue your use of the Woila services or the Woila Web site at any time. The Terms and Conditions will inure to the benefit of Woila's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Woila to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Woila services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of New Jersey as such laws are applied to agreements entered into and to be performed entirely in the State of New Jersey and between New Jersey residents.
© 2006 StartVisions LLC. All rights reserved
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