Terms of Service / User Access Agreement
Date of Last Revision: June 06, 2022
Thank you for choosing Oomple!
Oomple is transforming the lives of on-demand professionals by empowering them with a business platform and marketplace.
We provide essential productivity tools and business services for on-demand professionals to run and grow their businesses.
Oomple connects companies to on-demand professionals through the marketplace, making it easier for them to work together.
Please read these Terms of Service carefully before using our website, mobile application and related Customer and On-Demand Professional Freelancer finding, matching and engagement services (the "Service" or “Services”).
Acceptance of Terms
By clicking “Join Now”, “Join Oomple”, “Register”, “Sign Up” or similar, registering, accessing, or using our Services you agree to be bound by these Terms and accept all legal consequences. (even if you are using our Services on behalf of a company).
You further acknowledge that this Terms of Service is a contract between you and Oomple, even though it is electronic and is not physically signed by you and Oomple, and it governs your use of the Oomple Properties. If you are entering into this Terms of Service as an individual who is 18 years or older, or on behalf of a company, business or other legal entity (“Legal Entity”), you represent that you have the authority to contractually bind such Legal Entity to this Terms of Service, in which case the terms “you” or “your” or “Customer” or “Company” or “On-Demand Professional” or “User” will refer to such Legal Entity.
If you do not have such authority to contractually bind such Legal Entity to these Terms of Service, or If you do not agree to these terms and conditions, in whole or in part, please do not access or use our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
Oomple PropertiesOomple Inc. (“Oomple”, “Oomple.com”, “us”, “we”, “our”) provides a network of On-Demand Professionals (“On-Demand Professional”, “Professional Freelancer” or “Oomple Network”) who provide professional services to Customers (“Customer”, “Companies”, “Agencies” or “User”) who need them.
The Oomple Marketplace (“Oomple” or “Marketplace” or “Platform”) includes:
- Oomple’s website is located at www.oomple.com and app.oomple.com (the “Website”),
- Oomple’s technology platform and mobile applications are designed to allow subscribed Customers to find and connect with On-Demand Professionals on Oomple,
- Oomple’s technology platform and mobile applications are designed to find and connect On-Demand Professionals to those in need of professional services offered by or through Oomple, and
- all software, data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively, the “Content”).
Any new features added to or augmenting the Platform are also subject to this Terms of Service.
The Oomple “Success Services” involve using any and all features, functions, and Content of the Platform that enable Customers and On-Demand Professionals to connect and take steps needed to establish a Professional Services Engagement Agreement. The Oomple “Success Services” also include Oomple’s work in assisting Customers in finding, reviewing, matching, contacting, and taking steps to engage On-Demand Professionals.
The Success Services provided by Oomple do not include any work performed by the On-Demand Professional.
For ease of reference, the Site, Network, Platform, identities or descriptions of On-Demand Professionals and Professional Services, the Success Services, other Content, Oomple’s Proprietary Information, and any other Oomple products or services are collectively referred to in this Terms of Service as “Oomple Properties.” “Oomple Properties” include all such elements as a whole, as well as individual elements and portions thereof. Nothing in this Terms of Service obligates: (1) you to engage any particular On-Demand Professional for any work, (2) Oomple to provide On-Demand Professional Freelancer or any Customer with Success Services, or (3) Oomple to identify On-Demand Professionals for the Customer particular needs.
Link to Other Websites
The Services may contain links to third-party web sites or services that are not owned or controlled by Oomple Inc.
Oomple Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Oomple Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Services.
Registering your Account
As part of the registration process, you will identify a user name and password for your Account (“Account”). You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Identity and Location Verification
When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on Oomple. You authorize Oomple, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and/or your business, which includes, but is not limited to, providing official government or legal documents. During verification some Account features may be temporarily limited. When verification is successfully completed, Account features will be restored.
Ownership and Restrictions
All rights, title and interest in and to the Oomple Properties will remain with and belong exclusively to Oomple. You will not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Oomple Properties available to any third party, (b) use the Oomple Properties in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Oomple Properties or their related components, or (c) modify, adapt or hack the Oomple Properties to, or try to, gain unauthorized access to the Oomple Properties or related systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any part of the Oomple Properties, or any other products or services of Oomple that are not readily made available to the general public or to you using your own account name and password as instructed by Oomple).
Responsibility for Your Data
You are solely responsible for all data, information and other content that you upload, post, or otherwise provide or store (hereafter “post(ing)”) in connection with or relating to the Site, Network, Platform, or Success Service.
Limiting Access To Your Account.
Oomple may access your Account in order to respond to your requests for technical support or to verify compliance with your obligations to Oomple, comply with law, or to maintain and improve its own systems. Oomple may, at its option, provide email or other online account support.
Availability of Services
Oomple shall: use commercially reasonable efforts to make the Service available twenty-four (24) hours a day, seven (7) days a week, except for: (a) planned downtime or (b) any unavailability caused by circumstances beyond Oomple's reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving Oomple employees), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within Oomple’s possession or reasonable control, and denial of service attacks.
Notices and Service Messages Acceptance
You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail.
You agree to keep your contact information up to date to ensure that you will not miss out on important notices.
Please review your settings to control and limit messages you receive from us.
The Service and all contents, including but not limited to text, images, graphics or code are the property of Oomple Inc. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Oomple Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Except for user Content, the Service and materials that it contains, are the property of Oomple and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Oomple Inc. grants you a non-transferable, non-exclusive, license to use the Service for your internal business purposes (the “License”). Any future release, update, or other addition to functionality of the Service shall be subject to the terms of these Terms.
Reservation of Rights. Subject to the limited rights expressly granted hereunder, Oomple reserves all rights, title and interest in and to the Service, including all related intellectual property rights. No rights are granted to Customer hereunder other than as expressly set forth in this Agreement.
Restrictions. User shall not (and shall not allow any third party to): (a) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Service except to the extent that enforcement is prohibited by applicable law notwithstanding a contractual provision to the contrary; (b) circumvent any user limits or other timing or use restrictions that are built into the Service; (c) remove any proprietary notices, labels, or marks from the Service; (d) frame or mirror any content forming part of the Service; (e) access the Service in order to (i) build a competitive product or service, or (ii) copy any ideas, features, functions or graphics of the Service; or (f) circumvent the Service in any way, including using the Service to identify consultant candidates then contacting the candidate outside of the Service.
Suggestions. Oomple shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual, unrestricted license to use or incorporate into the Service and/or any other products or services any suggestions, enhancement requests, recommendations or other feedback provided by Customer or its Users relating to the Service.
All business, technical or financial information disclosed by Oomple via the Oomple Properties, including without limitation, the Site, Platform, or Success Services, is the “Proprietary Information” of Oomple. Proprietary Information also includes, but is not limited to, the rates of each Professional Freelancer in the Network. You will hold in confidence and not disclose to others any Proprietary Information. You will also not use Proprietary Information for any purposes other than evaluation of Oomple, On-Demand Professional Freelancer and Success Services as an existing or prospective Customer of Oomple. However, you will not be obligated under this Section with respect to information that you can document is or becomes readily publicly available without restriction and through no fault of you (i.e., information that Oomple makes generally available to the public on the Site without requiring acceptance of this Term of Service or a similar obligation of confidentiality). You may make disclosures of Proprietary Information required by law or court order provided that you give Oomple advance written notice. When you have completed your use of the Platform or Success Service, or if you have not used the Platform or Success Service in 12 months, you will destroy all items and copies containing or embodying Proprietary Information.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, reviews or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (a) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (b) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Service.
You understand that the operation of the Site and Platform, including User Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Oomple Properties. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of User Content. Oomple will have no liability to you for any unauthorized access or use of any of User Content, or any corruption, deletion, destruction or loss of any of User Content.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Account Data on Termination. Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Site and any closure of your Account may involve the deletion of any content stored in your Account for which Oomple will have no liability whatsoever. Oomple, in its sole discretion and as permitted or required by law, may retain some or all of your Account information.
Disclaimer And Non-Waiver of Rights
Oomple Inc. makes no guarantees, representations, warranties or conditions of any kind as regards the Oomple Properties, and in particular the website, app, success services, content, proprietary information and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties or conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, merchantable quality, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Oomple Inc. its subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Oomple Inc. chooses not to immediately act, or chooses not to act at all, Oomple Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Oomple Inc. does not waive any of its rights. Oomple Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
As set out above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In these jurisdictions, Oomple’s liability will be limited to the greatest extent permitted by law.
Limitation of Liability
Oomple Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (a) your access to or use of the Service; (b) your inability to access or use the Service; (c) any conduct or content of any third-party on or related to the Service; (d) any content obtained from or through the Service; and (e) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. IN NO EVENT SHALL OOMPLE INC’S LIABILITY TO YOU EXCEED THE LESSER OF THE AMOUNT PAID BY YOU IN THE LAST 12 MONTHS TO USE THE SERVICE AND $1,000 CDN.
You agree to indemnify, defend and hold harmless Oomple Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands arising from any of your actions or omissions. This includes but is not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account, whether such access is obtained via fraudulent or illegal means.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
On-Demand Professional Freelancer
To register for an Account to join, you must complete a User profile (“Profile”), which you consent to be shown to other Users and, unless you change your privacy settings, to be shown to the public. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides, and to correct any such information that is or becomes false or misleading.
If you purchase any of our paid Services and Subscriptions, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your service.
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.
- You must pay us for applicable fees and taxes unless you cancel the paid Service, in which case you agree to still pay these fees through the end of the applicable subscription period or engagement agreement. Taxes are calculated based on the billing information that you provide us at the time of purchase.
2022-06-06: Updated Terms of Services to be more comprehensive and also elaborate on terms of service for Customers and Professional Freelancers. The Terms of Services were also updated to include the description of the services of the Oomple Success Team.
How To Contact Us
If you have any questions about these Services Terms, please contact us at firstname.lastname@example.org. As well, we encourage you to visit our website at www.Oomple.com which contains great information on how Oomple empowers On-Demand Professionals to successfully work with Companies.
Last updated: Feb 3, 2021
Personal Information Collect, Use, Disclosure and Consent
We are committed to providing our clients, customers, members ("you", "your" or "them") with exceptional service. Providing exceptional service may involve the collection, use and, at times, the disclosure of your Personal Information. Protecting your Personal Information is one of our highest priorities. While we have always respected your privacy and safeguarded all Personal Information, we have strengthened our commitment to this goal. This is to continue to provide exceptional service to you and to comply with all laws regarding the collection, use and disclosure of Personal Information. Wherever possible, we will inform you of why and how we collect, use and disclose Personal Information; obtain your consent, as required; and handle Personal Information according to applicable law. Our privacy commitment includes ensuring the accuracy, confidentiality, and security of your Personal Information and allowing you to request access to, and correction of, your Personal Information.
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
In order to use the Service, our Customers and their End Users may be required to register for an account to login to the Service. Oomple.com collects an End User’s name and email address when the individual registers for an account. When consultants create an account profile, they have the option of providing Personal Information related to their work experience, skills, and education, as well as contact information.
We will only collect Personal Information that is necessary to fulfill the following purposes:
- To verify identity;
- To identify your preferences;
- To open and manage an account;
- To ensure you receive a high standard of service;
- To derive more benefit from our Service by helping End Users express professional identity; find other professionals, opportunities, and information; and help opportunities find you.
- To serve you relevant content; and
- To meet regulatory requirements.
We will obtain your consent to collect, use or disclose Personal Information. In some cases, we can do so without your consent (see below). You can provide consent orally, in writing, electronically, or through an authorized representative.
Your Consent is implied where you voluntarily provide us with Personal Information for a stated purpose or otherwise have notice and a reasonable opportunity to opt-out of having your Personal Information collected.
We may collect, use, or disclose Personal Information without your consent:
- When permitted or required by law, such as in an emergency that threatens an individual's life, health, or personal security or when it is required to investigate a breach of laws;
- When we require legal advice from a lawyer;
- For the purposes of collecting a debt or protection from fraud;
- In other circumstances where required or permitted by applicable privacy laws.
We are committed to ensuring the security of your Personal Information and may use passwords, encryption, firewalls, restricted employee access or other methods, at our discretion. We will use appropriate security measures when destroying your Personal Information such as shredding documents or deleting electronically stored information, at our discretion.
We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Log Data").
This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
When you access the Service by or through a mobile device, this Log Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service's functionality. These third party service providers have their own privacy policies addressing how they use such information.
Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.
We use "cookies" to store login information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. If you do not instruct your browser to refuse all cookies or to indicate when a cookie is being sent, your consent to our use of your Personal Information may be implied.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. In particular, we use Amazon Web Services and Heroku as our sub-processors to store, process and host our data.
If our business (or substantially all of our assets) are acquired by a third party, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information may be made available or otherwise transferred to the new controlling entity, where permitted under applicable law.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
Oomple.com stores its data, including Personal Information, on servers located in Canada and the United States. By submitting any Personal Information or using the Services, you agree to this transfer, storing or processing of your Personal Information in Canada and the U.S (including by the service providers and sub-processors listed below). You acknowledge and agree that your Personal Information may be accessible to law enforcement and governmental agencies in those countries under lawful access regimes or court order.
Links To Other Sites
Access, correction and accuracy
You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information, although in certain limited circumstances, and as permitted under law, we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances, we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
We will make every reasonable effort to keep your Personal Information accurate and up to date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service. Residents of the European Economic Area (“EEA”)
Oomple.com generally processes Personal Information in order to fulfill contracts we have with our Customers and End Users and to pursue our legitimate business interests listed above. Otherwise, Oomple.com will obtain express consent from an individual in respect of processing of Personal Information if required by law to do so.
Individuals located in the EEA have certain rights under European law (including under the General Data Protection Regulation) with respect to Personal Information, including the right to request access to, obtain, correct, amend, delete, or limit the use of your personal data. Individual End Users, Customers or prospective Customers located in the EEA who wish to exercise these rights, should contact Oomple.com using the contact information below. In some circumstances, Oomple.com is the data processor on behalf of our Customer, who is the data controller. In such cases, the End User should contact the entity through which they have been offered access to the Service (our Customer).
Individuals also have the right to make complaints to regulatory authorities in respect of our privacy practices.
Our Service does not address anyone under the age of 18 ("Minor").
We do not knowingly collect personally identifiable information from Minors. If you are a parent or guardian and you are aware that your Minor has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from Minors without verification of parental consent, we take steps to remove that information from our servers.