TWOGRAINS PTY LTD WEBSITE TERMS OF USE

Giraffe4work.com

TERMS OF USE - Website

Last revised on March 01, 2024

 

Thank you for visiting the Giraffe4work Site, www.giraffe4work.com website, (the “Site”), owned and operated by Giraffe4work, Inc. and its affiliates, (collectively, “Giraffe4work,” “we,” or “our”). You should not access or use this Site until you have carefully read and agreed to these terms (“Site Use Terms” or “Terms”).  “User,” “Users,” “you,” or “your” refer to all persons who access or use the Site.

 

By visiting the Site, you and other Users agree to the Site Use Terms. If you do not agree to the Site Use Terms, you may not access or use the Site. We may modify the Site Use Terms from time to time without notice to you by posting revised Site Use Terms on the Site with a new effective date. We include the effective date of our Site Use Terms at the top of the Site Use Terms. We encourage you to check our Site frequently to see the current Site Use Terms in effect and any changes that may have been made to them.  By visiting the Site following any modifications to the Site Use Terms, you agree to be bound by such modifications.

 

The Terms govern the permitted and prohibited access to and uses of the Site and the respective rights of Giraffe4work and the Users with regard to the Site. Giraffe4work provides you with access to and use of the Site subject to your compliance with the Terms. The provisions contained herein supersede all previous notices or statements regarding our Terms.

 

You agree to comply with all applicable laws, rules and regulations in connection with your access and use of the Site.

 

  1. SITE USE TERMS

Effective Date: March 01, 2024

 

  1. User Age and Access

By submitting information through the Site you represent that you are a United States resident over the age of 18.  You will comply with these Terms and all applicable local, state, national laws, rules and regulations.

 

  1. License

The Site, including all of its contents, such as text, images and the HTML used to generate the pages (“Materials”), is our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site in whole or in part, for any public or commercial purpose, without the specific written permission of Giraffe4work. We grant you a personal, non-exclusive, non-transferable license to access our Site and to use the information contained here. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Site for any purpose, subject to the express terms of these Site Use Terms.

 

The Site is always striving to improve and bring you additional functionality that you will find engaging and useful. This means we may add new features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Site entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

 

  1. Rules and Limits on and Modifications to the Site

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

 

  1. Specific Prohibited Uses. The Site may be used only for lawful purposes. Giraffe4work specifically prohibits any use of the Site, and requires all Users to agree not to use the Site, for any of the following:

 

  • Impersonating another person;
  • Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or that fails to comply with accepted Internet protocol;
  • Transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of United States export control laws; and
  • Attempting to interfere in any way with the Site’s or Giraffe4work’s networks or network security or attempting to use the Site’s service to gain unauthorized access to any other computer system.

 

  1. Security Rules. Violations of system or network security may result in civil or criminal liability. Giraffe4work will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the User or Users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

 

  • Accessing data not intended for you or logging into a server that you are not authorized to access;
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • Attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “mailbombing,” or “crashing,” or sending unsolicited e-mail, including promotions and/or advertising of products or services; or
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

 

  1. Privacy Policy; User Information

We reserve the right, but not the obligation, to monitor your access and use of this Site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy.  In the course of your use of the Site, you may be asked to provide certain information to us. Giraffe4work’s use of any information you provide via the Site shall be governed by our Privacy Policy available here. We urge you to read our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.

 

  1. International Use

We control and operate the Site from our offices in the United States, and all information is processed within the United States. We do not represent that Materials on the Site are appropriate or available for use in other locations. Users who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

  1. Proprietary Rights

The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this Site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved. 

 

As between you and Giraffe4work, (or other companies whose marks appear on the Site), Giraffe4work (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.

 

Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or Materials you may access on the Site and you may not modify, rent, lease, lend, sell, distribute or create derivative works of such Content, features or Materials, in whole or in part. No Material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise authorized by Giraffe4work. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any User of our trademarks, registered trademarks, service marks, copyrightable material or intellectual property by including them on the Site.

 

The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law, including copyright law.

 

Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service marks or trade names of Giraffe4work or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.

 

The Giraffe4work logos and service names are trademarks of Giraffe4work (the “Giraffe4work Marks”). Without Giraffe4work’s prior permission, you agree not to display or use the Giraffe4work Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any Giraffe4work Mark without the prior written consent of Giraffe4work.

 

  1. Links from and to the Site

You may be able to link to third party websites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled or examined by Giraffe4work in any way and Giraffe4work is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Giraffe4work’s endorsement of, or association with, the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security related to the use of such Linked Sites and any content contained thereon. In no event shall Giraffe4work be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that website’s administrator. Giraffe4work reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different Users. Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to us at the address below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link and to require termination of any such link to the Site, at our discretion at any time.

 

  1. Representation and Warranty; Indemnity

You agree to defend, indemnify and hold Giraffe4work, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use or misuse of the Site, your violation of these Site Use Terms, including, but not limited to, any third party claim that any information or materials infringes any third party proprietary right.

 

  1. DISCLAIMER OF WARRANTIES REGARDING SITE

 

YOU UNDERSTAND AND AGREE THAT:

 

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION AND MATERIALS, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GIRAFFE4WORK DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONALITY, CONTENT OR MATERIALS MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. GIRAFFE4WORK MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE OPERATION OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

GIRAFFE4WORK DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. GIRAFFE4WORK IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES THAT IS WITHOUT THE DIRECT INVOLVEMENT OF GIRAFFE4WORK.

 

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL GIRAFFE4WORK, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF GIRAFFE4WORK OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF GIRAFFE4WORK TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE SITE USE TERMS OR YOUR ACCESS TO OR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.

 

  1. Severability; No Waiver

If any provision of these Site Use Terms is held to be contrary to law, such provision shall be deemed valid only to the extent permitted by law, and all other provisions shall continue in full force and effect. Giraffe4work’s failure to require performance of any provision shall not affect its right to require performance at any time thereafter, nor shall Giraffe4work’s waiver of any breach or default of these Site Use Terms constitute a waiver of any subsequent breach or default.

 

  1. Governing Law

These Site Use Terms are enforceable pursuant to and in accordance with the laws of the State of Delaware. Any dispute arising out of these Site Use Terms shall be decided by a court of competent jurisdiction in New Castle County, Delaware.

 

  1. Successors and Assigns; No Assignment

These Site Use Terms shall be binding upon, and shall inure to the benefit of, Giraffe4work and the Users and their respective heirs, legal representatives, successors and assigns.

 

  1. Headings

The subject headings of the sections of these Site Use Terms are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions.

 

  1. Arbitration

The exclusive means of resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach thereof) or the Site shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by our Arbitration Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court instead if the claim is within the jurisdiction of the small claims court. If the request to proceed in small claims court is made before an arbitrator has been appointed, the arbitration shall be administratively closed. If the request to proceed in small claims court is made after an arbitrator has been appointed, the arbitrator shall determine whether the dispute should remain in arbitration or instead be decided in small claims court. Such arbitration shall be conducted by written submissions only, unless either you or Giraffe4work elect to invoke the right to an oral hearing before the Arbitrator. But whether you choose arbitration or small claims court, you agree that you will not under any circumstances commence, or maintain, or participate in against the Company any class action, class arbitration, or other representative action or proceeding against Giraffe4work.

 

By using the Site in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. If you assert a claim against Giraffe4work outside of small claims court (and Giraffe4work does not request that the claim, be moved to small claims court), your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant any relief that a court can, including the ability to hear a dispositive motion (which may include a dispositive motion based upon the parties’ pleadings, as well as a dispositive motion based upon the parties’ pleadings along with the evidence submitted), but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.

 

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Dover, Delaware. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

 

  1. Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between Giraffe4work and you as a result of these Site Use Terms or your use of the Site.

 

  1. Time to Bring Claims

Any claim or cause of action you may have with respect to Giraffe4work or the Site must be commenced within one (1) year after the claim or cause of action arose, per the Arbitration requirements found in Section 15, above.

 

  1. Notices

Notices to Users may be made via either email or regular mail. The Site may also provide notices of changes to these Site Use Terms or other matters by displaying notices or links to notices to Users on the Site.

 

  1. Contacting Giraffe4work.

To contact us with any questions or concerns in connection with these Site Use Terms or the Site, or to provide any notice under these Site Use Terms to Giraffe4work, please click on the email link under “Connect” in the footer of the home page.