Version 1 JAN 2024
The following terms of service (these "Terms of Service"), govern your access to and use of the QmeLocal website and mobile application, including any content, functionality and services offered on or through www.QmeLocal.com or the QmeLocal mobile application (the "Site") by the company “MyQme” located at 1201 N. Orange St., Suite 801, Wilmington, Delaware, 19801 USA. For ease of reading, MyQme, Qme Marketplace and QmeLocal are collectively referred hereto as "QmeLocal", "we" or "us", and "you" or "user" means you as a user of the Site. When forming any binding agreement with QmeLocal, the binding authority for QmeLocal is MyQme.
Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site.
This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13, you are not permitted to use the Site or the QmeLocal / Qme Marketplace services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Buyers are users who purchase services on or through QmeLocal / Qme Marketplace.
Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Service.
Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller.
Sellers or Freelancers are users who offer and perform services on or through QmeLocal / Qme Marketplace.
Only registered users may buy and sell on QmeLocal / Qme Marketplace. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
Buyers pay QmeSpotlight Ecosystem agency when the Buyer places an order.
Orders are purchased through the QmeLocal / Qme Marketplace platform.
Sellers must fulfill their orders and may not cancel orders on a regular basis or without cause. Sellers, please refer to your Vendor Services Agreement for specific details.
Users and Sellers may not offer or accept payments from any Qme Marketplace client using any method other than placing an order through the QmeLocal / Qme Marketplace platform.
QmeLocal retains the right to use all published delivered works for marketing and promotion purposes.
Once the Seller signs a Vendor Services Agreement with QmeLocal:
The Seller’s services will be made available on QmeLocal to allow Buyers to purchase their services.
The Seller may add in Custom Offers to their services, provided that this is submitted in writing in advance to QmeLocal. Only services that the Seller has disclosed to QmeLocal and have been approved by QmeLocal may be sold on QmeLocal.
Each service deliverable that you sell and successfully complete will be accredited to you based on the terms of your Vendor Services Agreement with QmeLocal.
QmeLocal accredits Sellers once an order is completed. See our "Orders" section below for a definition of a completed order.
Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
Services and/or users may be removed by QmeLocal from the Site for violations of these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
Illegal or Fraudulent services
Copyright Infringement, Trademark Infringement
Adult oriented services, Pornographic, Inappropriate/Obscene services
Spam, nonsense, or violent or deceptive services
Services that are misleading to Buyers or others
Low quality services or deliveries
Promoting QmeLocal and/or QmeLocal Services through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
Services that are removed for violations are not eligible to be restored or edited
Services may be removed from QmeLocal due to poor performance and/or user misconduct
Services may include pre-approved website URLs contained within the Services description and requirements box. Services containing websites promoting content, which violates QmeLocal’s Terms of Service, will be removed.
Sellers must deliver the same quality of products and services as described and shown in their Services descriptions and images and provide a minimum of three (3) revisions per product delivered. If Sellers do not deliver products and services as they are described in their Services descriptions, the Buyer may request an account resolution that will specify the discrepancies between the products and services requested and how they differ from the delivered products and services. Qme has the right to review each account resolution and make a decision as to whether or not to 1) have the Seller fix the discrepancies in the account resolution, or 2) cancel the order and refund the Buyer in full.
QmeLocal reserves the right to remove Sellers and Services from QmeLocal for any reason.
QmeLocal Sellers have access to several exclusive features that help customize the way their services can be offered.
Sellers can also send Custom Offers addressing specific requirements of a Buyer.
Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
Services provided through Custom Offers may not violate QmeLocal’s Terms of Service.
Custom Offers may include multiple project milestones. Each milestone is paid and delivered separately in accordance with each Service deliverable description and timelines.
Once a milestone is delivered and marked as completed, Buyers may choose to either continue with the Order and pay for the next milestone, or to stop the Order. If Buyer does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order under the next milestone will not start. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after being marked as Delivered, however, in such case all further milestones will not start.
Sellers may offer Buyers a fixed term subscription for a specific Service (the “Services Subscription”). During the Services Subscription term, Seller will deliver one Order of the same Service on a recurring basis.
Buyers may cancel future Orders under the Service Subscription before payment is made for such future Orders. In such case, the Orders under the Service Subscription will be canceled, as applicable.
Sellers may cancel the Service Subscription up to 10 days before the next consecutive Order.
Some of the services on QmeLocal are delivered physically. For these types of Services, Sellers may decide to define a shipping pricing factor.
Services that include a shipping pricing factor must have physical deliverables sent to Buyers.
Shipping costs added to a Service only pertains to the cost Sellers require to ship physical items to Buyers.
Buyers who purchase Services that require physical delivery will be asked to provide a shipping address.
Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
QmeLocal does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
You may not offer direct payments to Sellers using payment systems outside of the QmeLocal / Qme Marketplace platform.
QmeLocal retains the right to use all publicly published delivered works for QmeLocal marketing and promotional purposes.
Buyers may request a specific service within QmeLocal. Services requested on QmeLocal must be an allowed service on QmeLocal.
Please refer to the Payment Terms for making Payments through the QmeLocal / Qme Marketplace platform and to learn about fees and taxes.
In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site.
You may not offer Sellers to pay, or make payment using any method other than through the QmeLocal.com site. In case you have been asked to use an alternative payment method, please report it immediately to QmeLocal.
Sellers must deliver completed files and/or proof of work according to the service that was purchased and advertised on their Service.
An Order is marked as Complete once it is accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was delivered.
A milestone (on an Order with milestones) is marked as Complete after it is delivered by the Seller and then accepted by the Buyer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after being delivered, however, in such case the Order will be stopped and all further milestones will not start. Once a milestone is delivered and accepted, Buyers may choose to either continue with the Order and pay for the next milestone, or to stop the Order. If Buyer does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order under the next milestones will not start. Please note that if you choose to stop the future milestones, the current ordered milestone will not be canceled.
Buyers may purchase a Service Subscription, if available. During the Service Subscription term, a new Order of the same Service will be automatically created on a recurring basis, as agreed between the Seller and Buyer. By purchasing a Service Subscription, you authorize us to automatically charge you for each Order under the Service Subscription.
Certain Services that offer local services might require Buyers and Sellers to meet in person in order for the Seller to perform the service. In such cases, users should note that QmeLocal does not guarantee the behavior, conduct, safety, suitability or ability of either Buyers or Sellers. Both Buyers and Sellers agree that the entire risk arising out of their meeting and/or their use or performance of local services remains solely with them, and QmeLocal has no responsibility or liability related to any local services provided by the Sellers. In the event that the service is performed on the Buyers’ premises, Buyers are encouraged to maintain proper insurance policies to cover their liability as the premise owner. QmeLocal’s Terms of Service remain applicable.
When a Buyer orders a Service, the Seller is notified by email as well as notifications on the site while logged into the account.
Sellers are required to meet the delivery time they specified when creating their Services. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller's status.
Users are responsible for scanning all transferred files for viruses and malware. QmeLocal will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact QmeLocal / Qme Marketplace platform Customer Support department for assistance.
Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
QmeLocal does not provide any guarantee of the level of service offered to Buyers.
QmeLocal does not provide protection for users who interact outside of the QmeLocal platform.
All information and file exchanges must be performed exclusively on QmeLocal's platform.
Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
QmeLocal is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
Users may not submit proposals or solicit parties introduced through QmeLocal to contract, engage with, or pay outside of QmeLocal.
Sellers warrant that any content included in their Services shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Services, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Services.
QmeLocal will respond to clear and complete notices of alleged copyright
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