Terms & Conditions

User Agreement

This Agreement was last modified on 12th Jan 2018.

This User Agreement 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 User Agreement:

“Account” means the account associated with your mobile number.

“Buyer” means a User that purchases Expert Services or items from Experts or identifies an Expert through the Website. A User may be both a Buyer and an Expert under this agreement.

“Fibler”“we”“our”“company” or “the company” or “us” means Fibler Limited.

“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.

“Expert” means a User that offers and provides services or identifies as an Expert through the Website. A User may be both a Buyer and an Expert under this agreement.

“Expert Services” means all services provided by an Expert.

“Fibler Services” means all services provided by us to you.

“User”“you” or “your” means an individual who visits or uses the Website. A User may be both a Buyer and an Expert under this agreement.

“Website” means the Websites operated by Fibler and available at: Fibler.com and any of its regional or other domains or properties, and any related Fibler service, tool or application, specifically including mobile web, any iOS App and any Android App and any other Mobile App or Web App.

 

1. Overview

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

We may amend this User Agreement 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 buy and sell Expert Services and items. Buyers and Experts must register for an Account in order to buy or sell Expert Services and/or items. The Website enables Users to work together online to get and pay for Services, buy and sell items and to use the services that we provide. We are not a party to any contractual agreements between Buyer and Expert in the online venue, 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 User Agreement, the Website policies and all linked information.

You must read and accept all of the terms in, and linked to, this User Agreement, the Code of Conduct, the Fibler Privacy Policy and all Website policies. By accepting this User Agreement as you access our Website, you agree that this User Agreement 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 not able to form legally binding contracts;
  2. are under the age of 15;
  3. a person barred from receiving and rendering services under the laws of any applicable jurisdiction;
  4. are suspended from using the Website; or
  5. do not hold a valid mobile number.

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 15 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. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.

A company, corporation, trust, partnership or other non-individual corporate entity may be a User.

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 Fibler

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, such as the Code of Conduct;
  3. fail to deliver payment for services delivered to you;
  4. fail to deliver Expert Services purchased from you;
  5. circumvent or manipulate our fee structure, the billing process, or fees owed to Fibler;
  6. post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
  7. 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);
  8. transfer your Fibler account (including feedback) to another party without our consent;
  9. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  10. distribute viruses or any other technologies that may harm Fibler, the Website, or the interests or property of Fibler 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;
  11. 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 authorization;
  12. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
  13. copy, modify or distribute rights or content from the Website or Fibler’s copyrights and trademarks; or
  14. 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. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via this link on our Website and we will investigate.

6. Fees and Services

Give and Get Promotion

For a limited promotional period, Fibler will provide site credits limited to certain uses for referrals of new Buyer users. The promotion is based on existing users of the website (“Referrers”) referring new Buyer users (“Referees”) to register and complete their profile.

This is subject to the following conditions:

  1. The Referrer must be an existing user of the Website.
  2. Referees must be referred using the specific links on the Website.
  3. The Referrer will receive Bonus credit when the relevant matching Referee user registers a new account and completes his profile, which may only be applied to buy an Expert Service and cannot be cashed-out.
  4. Experts who sell Services and who receive a payment from Bonus credits may then cash-out the value of any such payment.
  5. Flying credits may expire at any time determined by the Company.
  6. Bonus and Flying credits may only be used for the purpose of buying an Expert Service. For the avoidance of doubt this credit cannot be cashed-out.
  7. Fibler reserves the right to review classifications of Referees as new Buyers for the purpose of this promotion, to ensure fair use of this promotion. To be eligible for this promotion, Referees must not have had any active account on Fibler from which a payment was made within the 6 months immediately prior to creating the new account.
  8. All other elements of the User Agreement continue to apply.
  9. Fibler may require that both parties fill in and complete their profiles and/or pass identity checks before payments are released.
  10. This promotion may be canceled for a specific user, if significant reversals, fraud or chargebacks are observed, if Fibler believes that there is a risk of funds being subject to reversal or chargeback, in cases of disputes between Referee and Referrer, or for any other reason.
  11. For specific Referrer users, the company may decide to limit the number of allowed Referrals to a maximum.
  12. Fibler reserves the right to disallow use of this promotion in its sole and absolute discretion, with respect to fair use of this promotion, and to prevent any suspected fraud.
  13. Fibler reserves the right to require submission of further information from any party applying to make use of this promotion, for investigating fraud and for risk management and related purposes, in particular to request evidence of bona fide work being done in relation to any Service paid with the Bonus or Flying credit.
  14. Fibler reserves the right to cancel or amend this promotion at any time.
  15. Fibler reserves the right to cancel the promotion in any region if it is deemed or becomes unlawful to offer the promotion to any resident of that region.
  16. In taking part in this promotion you agree and confirm:
    1. Any Bonus or Flying credit must be used for the intended audience and purpose.
    2. Any Bonus or Flying credit may not be duplicated, sold or transferred in any manner.
    3. Any Bonus or Flying credit may be disabled at any time for any reason whatsoever without liability to the Company.
    4. Any Bonus or Flying credit is not valid for cash out in any way.
    5. Any Flying credit may expire prior to your use.

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 ad valorem or other taxes (for example, GST in Australia), 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, Fibler Limited and Fibler Holding S.A.L.

Such a third party will have the same rights, powers and privileges that we have under this User Agreement 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 Fibler.

9. Promotion

We may display your company or business name, logo, images or other media as part of the Fibler 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 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 any pornography or nudity;
  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 to any country worldwide. 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 Fibler Services and may close your Account.

Information and services provided 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 feedback 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. Feedback, Reputation and Reviews

You acknowledge that you transfer copyright of any feedback, 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 feedback, reputation 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 feedback, reputation 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 Fibler 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 Expert Services via the Website. You may not use your Expert or Buyer 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 Fibler 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.

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 a 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 authorized by Fibler 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 the text, audio and or video chat functionality and other communication channels provided on the Website.

You must not post your email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Website, except in the “email” field of the profile form, at our request or as otherwise permitted by us on the Website.

Fibler may use information such as your name, location, display or username, and or your image, in relation to the provided services on the Website or in the mobile apps.

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. Identity / Know Your Customer

You authorize 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’ license). 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 Fibler 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 didn’t complete your profile on the Website including your banking details, you may not be able to withdraw funds from your Fibler account, and other restrictions may apply.

15. User Services

Upon the purchase of an item by a Buyer from the Expert, the Buyer and Expert will be deemed to have entered into a User Contract under which the Buyer agrees to purchase, and the Expert agrees to deliver the Expert Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.

You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Buyer or Expert, or in any other uses you make of the Website.

If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.

Depending on their jurisdiction, Experts and Buyers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. Nothing in this User Agreement is intended to violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with unfair contracts legislation. To the extent that any component of this User Agreement is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further.

Each User acknowledges and agrees that the relationship between Buyers and Experts is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Fibler and any User.

16. Special Provisions for Local Jobs

Each User acknowledges:

  1. Fibler does not review, approve, recommend or verify any of the credentials, licences or statements of capability in relation to any Service provided by any Expert on the Website;
  2. Fibler provides matchmaking and platform services only. Users agree that Fibler has no liability for any other aspect of service delivery or interaction between Buyer and Expert. Fibler is not a party to any disputes between Buyer and Expert, although we may provide a dispute resolution mechanism to assist the parties in resolving issues;
  3. Fibler may collect location related data from you via technologies including but not limited to GPS, IP address location, wifi, and other methods. This data may be shared in the context of facilitating services and each User specifically consents to this collection and sharing as part of this agreement;
  4. Our fees are applied to the charged amount to provide the service. Any items purchased by the Expert as part of performing the service are between the Buyer and Expert.

17. 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. If you are an Expert, you may have positive funds if you have successfully provided a Service, or sold an item, and funds have been released to you. 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.

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 represent our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the purchase and sale of Expert Services through the Website and provision of the Fibler 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 marketplace, 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 be 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 Expert Services;
  8. any refunds required to be processed in your favor 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 User Agreement.

FAQ – Marketpay

What is Marketpay?

Marketpay is solution developed by SOCIALPAY S.L. It is based on Marketpay, the escrow wallet and payments compliance management platform from SOCIALPAY.

Marketpay enables an adequate control over transactions and payment flows completed by users within the client’s platform. It allows the client to process payments via credit card or wire transfer, while holding in his capacity of Payment Entity and Escrow Agent, the funds of transactions until the release of these funds based on the application of escrow logic rules. These escrow payment rules shall be pre-defined and agreed between the seller and the buyer prior to the transaction.

Who is Socialpay?

SOCIALPAY S.L. is a limited liability company incorporated in Spain, with registered offices in Barcelona, Carrer de la Llacuna 161, listed on the Barcelona Trade and Company Register with VAT B-66766700. SOCIALPAY owns Marketpay, an escrow wallet and payments compliance management platform.

What is an escrow payment?

An escrow payment is a mechanism to secure the sale of an article or service for both seller and buyer. This is achieved by adding a step into the sale process by placing the funds of the transaction into a third-party account, called escrow account, rather than buyer paying out the funds directly to the seller.

The use of an escrow account (also called escrow wallet) creates a completely secure form of payment. The buyer’s payment is placed on an independent deposit account (escrow account), giving the seller the security that the money is real and that he or she shall be paid out when delivering the purchased items or services as agreed with the buyer.

The money on the escrow account is only transferred to the seller’s account when the buyer receives the purchased product/service and confirms that everything is correct. In case there is a defect or the product is not the correct one, the buyer would recover the money and the seller, the product. This process via an escrow account eliminates any risk in online purchases and sales.

How does Marketpay work? 

  1. Buyer and Seller agree on a deal (product /service)
  2. The marketplace calls Marketpay to execute Buyer’s payment and account to a user’s wallet. Money is held in an escrow bank account
  3. Seller is notified of the payment and delivers the product or service to Buyer.
  4. Buyer gets the deal. The marketplace shall offer a dispute procedure to both sides.
  5. The marketplace calls Marketpay to release the escrow deposit: (1) Pay-out to seller or (2) Refund to Buyer

 Why is it required to use an independent or third party deposit account?

Marketplaces and 2-sided platforms are not allowed by the European regulations to hold funds on behalf of both the payee and payor. The reasons being:

  • To protect your money from any liabilities.
  • To keep money readily available for the payee’s or payor’s, as required.

PSD2 regulation (effective January 2018) reinforces this policy. Any marketplace must connect to a Service Provider Escrow Solution, such as Marketpay, to keep funds in an escrow account.

Escrow payment rules, the responsibilities of the marketplace/2-sided platform and of Marketpay, and who to contact in case of disputes

 The contact point for any issues with the services offered by the marketplace/2-sided platform is the platform itself. This also applies to the escrow payment services.

Marketpay takes care of the payments and the management of the escrow wallets following the business or escrow rules set by the platform client and agreed by its users. In addition, Marketpay ensures that the payments comply with current regulations, especially Know Your Customer (KYC) and Anti-Money Laundry (AML) regulations.

In case of any dispute, the point of contact is the marketplace/2-sided platform.

 Why am I required to identify myself with my mobile phone?

To protect you and the transaction, Marketpay follows KYC regulation requiring the identification of the parties involved with to the following scenarios in mind:

  • To avoid credit card fraud. Robbers dislike being checked on their own mobile phone.
  • Legally, your payment is part of a simple escrow contract. And as in any other contract, we must identify the signing parts. We settle your payment in an escrow wallet registered by a mobile phone number.
  • If your payment is over 1.000€ and there is an issue with your mobile phone, we might get back to you requesting your ID.

Legal notice – Marketpay

  1. Services provided by Marketpay

Marketpay is solution developed by SOCIALPAY S.L. It is based on Marketpay, the escrow wallet and payments compliance management platform from SOCIALPAY.

Marketpay enables an adequate control over transactions and payment flows completed by users within the client’s platform. It allows the client to process payments via credit card or wire transfer, while holding in his capacity of Payment Entity and Escrow Agent, the funds of transactions until the release of these funds based on the application of escrow logic rules. These escrow payment rules shall be pre-defined and agreed between the seller and the buyer prior to the transaction.

SOCIALPAY S.L. is a limited liability company incorporated in Spain, with registered offices in Barcelona, Carrer de la Llacuna 161, listed on the Barcelona Trade and Company Register with EU VAT B-66766700. SOCIALPAY owns Marketpay, an escrow wallet and payments compliance management platform.

  1. Marketpay escrow payments and the escrow logic rules

An escrow payment is a mechanism to secure the sale of an article or service for both seller and buyer. This is achieved by adding a step into the sale process by placing the funds of the transaction into a third-party account, called escrow account, rather than buyer paying out the funds directly to the seller

The use of Marketpay and its escrow accounts creates a completely secure form of payment. The buyer’s payment is placed on a third party deposit account (escrow account) giving the seller the security that the money is real and that he or she shall be paid out when delivering the purchased items or services as agreed with the buyer.

The money on the escrow account is only transferred to the seller’s account when the buyer receives the purchased product/service and confirms that everything is correct. In case there is a defect or the product is not the correct one, the buyer would recover the money and the seller, the product. This process via an escrow account eliminates any risk in online purchases and sales

  1. Escrow logic rules and contact point in case of disputes

Marketpay takes care of the payments and the management of the escrow wallets following the business or escrow rules set by the platform client and agreed by its users. In addition, Marketpay ensures that the payments comply with current regulations, especially Know Your Customer (KYC) and Anti-Money Laundry (AML) regulations. On that end, all parties shall be identified through their mobile phone number.

In case of any dispute, the point of contact for the users of the marketplace is the marketplace/2-sided platform. Socialpay acts merely as the escrow payment service supplier to the marketplace.

18. 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.

If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favor, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favor, we may remove the funds from your Account. We may also place a limit on your account in circumstances where we suspect you of fraudulent or other unacceptable behavior, while we investigate any such matter.

19. Refunds

If we agree to the refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us.

We may refund funds to Users irrespective of whether a User has requested funds be refunded if: (1) we are required by law or consider that we are required by law to do so; (2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs; (3) we refund funds to the User in accordance with any refund policy specified by us from time to time; (4) we find out that the original payment made by the User is fraudulent; (5) the User made a duplicate payment in error; or (6) we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.

You can request a refund by using our customer support website or emailing us at support@fibler.com. Once you have made a payment, you expressly agree to use the dispute resolution process in this agreement, expressly agree to be bound by its ruling and expressly agree not to initiate any chargeback request with your card issuer.

If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.

If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.

20. Withdrawals

You may withdraw any time any funds that you have paid into your Account except for the amounts paid to buy an Expert Service or relates to fees or charges payable to us.

Your first withdrawal of funds earned may be delayed for security and fraud prevention purposes.

Subsequent withdrawals may be delayed for up to fifteen days where our fraud prevention policies require a delay.

We may impose a minimum withdrawal amount for funds earned. It is possible that the Company imposes a maximum withdrawal amount per month for security reasons.

We may require you to be Fibler Verified in order to withdraw funds from your Fibler account, irrespective of whether or not a delay has been enforced. To become Fibler Verified you may be required to provide included but not limited to your: a) name and last name, b) ID/NIE, c) birthday, d) country of residence, e) nationality, f) ID copy.

You acknowledge and agree that we may seek to verify your identity or request additional information from you as part of our anti-fraud and Know Your Customer policy, as outlined in the section on “Identity / Know Your Customer” sections of this agreement.

21. 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 Buyers 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.

22. Inactive Accounts

User Accounts that have not been logged into for a period of time may be deemed inactive.

We reserve the right to close an Inactive Account.

23. 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 User Agreement;
  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 2 weeks 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 User Agreement, you may also become liable for certain fees as described in this User Agreement.

Without limiting our other remedies, to the extent you have breached this User Agreement, 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 User Agreement 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 User Agreement, 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 User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.

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.

24. Payments

We do not operate an escrow service in relation to the Website.

Subject to the User Contract, the Buyer can make a Payment, in the chat Service, which will be locked from the Buyer’s Account and cannot be claimed by the Expert until the Expert has responded with a final answer.

25. Other Disputes with Users

You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any Service that you will first attempt to resolve any differences that you have in relation to such Service, including in relation to the quality of the services provided.

If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a Service we encourage you to contact us as set out in the Clause entitled “Contacting us”.

You agree that any dispute arising between you and another User will be handled in accordance with this clause. Fibler will have full rights and powers to make a determination for all such disputes. Upon receipt of a dispute, Fibler shall have the right to request the Expert and the Buyer to provide documentation in support of their claim or position in relation to the dispute. You agree that Fibler has absolute discretion to accept or reject any document provided. You also acknowledge that Fibler is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person. In addition, we do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold Fibler and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.

In relation to disputes with any other users of the Website, you hereby agree to indemnify Fibler from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute or our determinations.

The Fibler Code of Conduct applies to all the services offered by Fibler. It is agreed by you that you will make every endeavor at fair play and post reasonable and fair demands/offers on your dispute. No conduct relating to threats, blackmail, intimidation or inducement of users to leave positive feedback will be tolerated, in particular any refusal to provide either deliverables or payment in relation to the provision of feedback.

A User found to be in breach of the Code of Conduct during any service may automatically lose the dispute in favor of the other party involved, regardless of the origin of the dispute. The User who breached the Code of Conduct may also incur further disciplinary action. For more information, read the Code of Conduct.

26. Disputes with Us

If a dispute arises between you and Fibler, 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 support@fibler.com.

For any claim, Fibler may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Fibler 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 Fibler 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 Fibler must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Fibler may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Fibler 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 User Agreement 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, Fibler will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.

Fibler’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.

27. 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.

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

28. 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. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

29. 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 Fibler 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.

 

30. Closing Your Account

You may close your Account at any time. The option is located in your profile page.

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.

31. Privacy

We use your information as described in the Fibler 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 online marketplace. This may include on invoices, on your profile pages and any other relevant pages where you conduct business.

32. Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint ventures 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 Agreement, or your infringement of any law or the rights of a third party in the course of using the Website and Fibler 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 User Agreement.

33. Security

You must immediately notify us upon becoming aware of any unauthorized access or any other security breach to the Website, your Account or the Fibler Services and do everything possible to mitigate the unauthorized 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 unauthorized access of your account resulting from your failure to secure your password.

34. 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.

35. 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 mislabeled 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 Expert Services or Fibler Services;
  2. the accuracy, reliability, availability, veracity, timeliness or content of the Website or any Expert Services or Fibler Services;
  3. whether the Website or Expert Services or Fibler 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 Expert Services or the Fibler Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, Expert Services or Fibler Services;
  6. any third party agreements or any guarantee of business gained by you through the Website, Expert Services or Fibler Services or us; or
  7. the Website, Expert Services or Fibler 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.

36. 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.

Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation.

To the extent that we are able to limit the remedies available under this User Agreement, 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 Fibler services again or the payment of the cost of having the Fibler services supplied again.

37. 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 User Agreement 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 User Agreement.

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 favor 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.

38. Notices

Legal notices will be served to the email address you provide to Fibler under your profile. 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 account verification process. In such case, notice will be deemed given three days after the date of mailing.

Any notices to Fibler must be given by registered ordinary post/registered airmail based on the country it’s been sent from.

39. Law and Forum for Legal Disputes

This Agreement will be governed in all respects by the laws of Cyprus. 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 Fibler irrevocably submit to the non-exclusive jurisdiction of the courts of Cyprus.

40. Severability

The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement 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 User Agreement.

41. Interpretation

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

42. 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.

43. 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.

44. Additional Terms

It is important to read and understand all our policies as they provide the rules for trading on the Fibler 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 Agreement 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 Fibler 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 User Agreement.

45. General

This Agreement contains the entire understanding and agreement between you and Fibler. The following Sections survive any termination of this Agreement: 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 Fibler

Fibler 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. abuse or poor performance in providing Services on the Website
  7. any attempt to use Fibler’s platform or services for any objectionable purpose

47. Feedback

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by emailing us at support@fibler.com.