Terms Of Service
Terms Of Service
Introduction
The following terms of service, govern your access to and use of the PREFD website and mobile application, including any content, functionality and services offered on or through www.PREFD.co (the “Site”) by PREFD Sdn. Bhd. (Block B-11, Jalan PJU 1A/3, Taipan 2 Damansara, Ara Damansara, 47301 Petaling Jaya, Selangor). PREFD Sdn. Bhd. are referred herein as “PREFD” “we” or “us”; and “you” or “user” means you as a user of the Site.
Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, PREFD Payment Terms, found here (“Payment Terms”), and our Privacy Policy, found here, each of which is incorporated herein by reference. If you do not agree to these Terms of Service or the Privacy Policy, you are not granted access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein
This Site is only offered and available to users who are at least 18 years of age, of which warrants that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements (legal age to form a binding contract). However, if you are under the age of 18 and at least 13 years of age, you are only permitted to use the Site under an account owned by your parent or legal guardian upon gaining their consent. If you are under 13 you are not granted access or use this Site or the PREFD services
Prevailing Language and Location
The original language of these Terms of Service, as well as all other texts throughout the Site, is English and will be the prevailing language in case of any inconsistencies with translated versions. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version. The Site is operated and controlled from our facilities located in Malaysia.
For any questions regarding the Site or Terms of Service, you may contact our customer support team at support@PREFD.co.
Definitions
“Contracts” are the formal agreements between a Service Seeker and Service Provider after a purchase was made from the Service Provider’s Tender Page.
“Confidential Information” are any material, non-public, business-related information provided to, or created by, a user whether in tangible, electronic, verbal, graphic, visual, or other form made available to the receiving party, directly or indirectly, through any means of communication or observation. Confidential Information does not include information that: (a) is generally known by third parties; (b) was lawfully received by user without restriction from a third party having the right to disseminate the information; (c) was already known by user prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by user without use of another person’s Confidential Information.
”Fixed Price”is a type of fee set where the payment amount is does not depend on the actual amount of resources used or time expended. Fixed price are set for projects that are to be completed on a milestone basis rather than over a predetermined period of time.
“News feed”is a feature on PREFD that allows users to post articles, informational content, tenders and PREFD approved promotions.
“Participant”is any user that is invited to a project on PREFD.
“PREFD Account”is an account on the platform used to stash the earnings of Service Providers once the projects/milestones are completed before being withdrawn by the Service Providers.
“Project Page”is where Service Seekers and Service Providers communicate with each other in connection with an ordered Service.
“Projects”are the ordered service by Service Seekers and accepted by Service Providers.
“Recurring Fee”is a type of fee set where the payment is made in advance for the agreed upon projects between Service Seekers and Service Providers. Such projects typically span for a specified period of time, typically encompassing several months. Payment of retainer fee can be done monthly, quarterly, semi-annually and annually.
Service Providers”are users who agree to only sell and purchase services as well as transact on PREFD.
“Service Seekers”are users who agree to only sell services as well as transact on PREFD.
“Services”are services offered on PREFD
“Tenders”are services needed posted by Service Seekers on PREFD
“Transaction fee”is a charge on the processing of payments of Service Providers. Such fee is to be beared by Service Providers.
Summary
- Only registered users may buy and sell on PREFD. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
- Service Seekers pay PREFD in advance at every payment milestone.
- Quotations are requested through the RFQ function found on a Service Provider’s Services page.
- A contract must be established before any exchange of service.
- Projects are created when both parties agree to the terms of the contract
- Service Providers must complete their projects, and may not cancel projects on a regular basis or without cause. Once a project is cancelled, the terms of the contract is deemed to be null and void. Upon cancellation of projects, both the Service Seeker and Service Provider are to write a review on each other and this may affect the ratings of both parties.
- Users may not offer or accept payments using any method other than placing an order and transacting on PREFD.
- When purchasing a service, Service Seekers are granted all rights for the delivered work, unless otherwise specified by the Service Provider.
- We care about your privacy. The Privacy Policy is accessible by clicking here.
- Users undertake to comply with PREFD’s Community Standards found here, which are a set of behavior rules and guidelines that are deemed acceptable within the PREFD community and marketplace in addition to these Terms of Service, as updated from time to time.
Work Desk Matters
News Feed
The News Feed refers to a section of the PREFD platform that allows users to post contents that ranges from news updates, articles, informational content, knowledge sharing, PREFD approved promotions and tenders. Users are to be reminded that this Site is for professional use and therefore users are to be mindful of the appropriateness of contents posted. Unlike Service Providers, Service Seekers however are only allowed to post tenders. Comments are however allowed for both Service Seekers and Service Providers for all posts.
Promotions
Promotions are only allowed for Service Providers and must not contain any price related promotions. If such promotions are found, the promotions will be taken down immediately and a warning will be issued to the respective Service Provider. If such offense is repeated multiple times, PREFD has the authority to disable the account of the respective Service Provider. Acceptable promotions include complimentary services and any other promotions that does not bear a direct price cut.
Contents
Contents may include User Generated Content (“UGC”) which refers to the content added by users as opposed to content created by the Site. All content uploaded to PREFD by our users (Service Seekers and Service Providers) are User Generated Content. PREFD does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on the PREFD platform, you warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. Furthermore, PREFD is not responsible for the accuracy and quality of content details created/shared by Service Providers
Tender
Tenders are issued for projects that are valued at US$3,000 and above. For smaller sized projects, a Request for Quotation (“RFQ”) shall be sent by Service Seekers to the respective Service Providers they wish to engage.
Subscription
The subscription plan is only applicable to Service Providers. Please see the Terms of Service for Service Providers for further details. Upon any cancellation prior to the end of subscription period, no refunds will be given for the unutilized months.
Transactions
Every transaction on the platform will be subject to a transaction fee imposed by PREFD of up to 15% depending on subscription tier. Service Seekers are encouraged to remit payments to Service Providers on the basis of milestones for fixed price projects rather than lump sum payments. This is to protect both the Service Seeker and Service Provider from risk of potential mismatch in expectations. All payments due to the Service Providers will be received in their PREFD accounts and can be withdrawn by the Service Provider. In terms of refunds, any exchange losses incurred in the process shall be borne by the Service Seeker. For further information pertaining to transactions, refer to the Payment Terms here.
Transactions
Every transaction on the platform will be subject to a transaction fee imposed by PREFD of up to 15% depending on subscription tier. Service Seekers are encouraged to remit payments to Service Providers on the basis of milestones for fixed price projects rather than lump sum payments. This is to protect both the Service Seeker and Service Provider from risk of potential mismatch in expectations. All payments due to the Service Providers will be received in their PREFD accounts and can be withdrawn by the Service Provider. In terms of refunds, any exchange losses incurred in the process shall be borne by the Service Seeker. For further information pertaining to transactions, refer to the Payment Terms here.
Terms of Service for Service Providers – Solopreneur
General
- Service Providers create Services on PREFD to allow Service Seekers to purchase their services.
- Each Service you sell and successfully complete, accredits your account with a revenue equal to 80-95% of the purchase amount.
- PREFD accredits Service Providers once an order is completed. See our “Projects” section below for a definition of a completed order.
- For more information about receiving payments, fees and taxes see the Payment Terms here.
- Service Providers may not promote their Services or any PREFD content via the Google Ads platform or on other third-party platforms as promotions are only allowed within PREFD.
- The Service Provider’s rating is calculated based on the order reviews posted by Service Seekers. High ratings allow Service Providers to be noticed more by Service Seekers. Conversely, Service Providers carrying average ratings for a considerable amount of time will be reached by our Customer Success team to address such matter and to promote professional development on the Site.
- For security concerns, PREFD may temporarily disable a Service Provider’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple PREFD accounts to a single withdrawal provider.
- Service Providers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
- Service Providers that fall under the Company category has the ability to add participants to ongoing projects.
Subscription
All Service Providers are to provide proper and valid information/documentation for authentication purpose when registering onto the Site.
Freemium – This tier of subscription package is free. This package allows users to build their profile and email from PREFD. However, it is limited to 5 Tenders, 5 Promotional posts, 15 RFQs, 10 leads and 10 prospects and vendor management. Upon utilisation of the package, the Fremium account will be locked. In order for the account to be reactivated, users will have to upgrade to the Small Teams or Large Teams subscription. In terms of technical support, this package offers basic help support.
Small Teams – This tier of subscription package costs RM149 per month (for half-yearly subscription) and RM120 per month (for annual subscription). This package allows users to build their profile and email from PREFD as well as have access to Business Community (News Feed), Instant Messages, Templates, Project Management and Payment Guarantee, Tasking and Asking for a Recommendation with no limits. However, this package gets up to 8 team member collaboration. In terms of technical support, this package offers basic help support, ticket support and live chat support.
Large Teams – This tier of subscription package costs RM229 per month (for half-yearly subscription) and RM190 per month (for annual subscription). This package allows users to build their profile and email from PREFD as well as have access to Business Community (News Feed), Instant Messages, Templates, Project Management and Payment Guarantee, Tasking and Asking for a Recommendation and unlimited team member collaboration with no limits. In terms of technical support, this package offers basic help support, ticket support, live chat support and phone support.
Ratings
PREFD is all about helping Service Providers leverage their skills and experience. We seek to empower top performing Service Providers with helpful tools to grow their business. Service Providers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, PREFD may reward them with new statuses, special opportunities and benefits. This information is collected from Service Seekers at the end of the project via a rating survey.
- PREFD Service Providers can gain account ratings based on their activity, performance and reputation that is collected at the end of a project.
- Platform will prioritise on promoting profiles with good ratings
- Service Providers who cannot maintain their high quality service, or fail to deliver on time, may experience a drop in ratings and risk losing the benefits that come with higher ratings. For example, late deliveries, warnings to the Service Provider’s account and cancellations can cause a Service Provider to have an underwhelming review
- Users are allowed to leave reviews on Projects up to ten (10) calendar days after a Project is marked as complete. No new reviews may be added to a Project after 10 calendar days.
- Service Providers may not solicit the removal of feedback reviews from their Service Seekers through mutual cancellations.
- Once the Service Seeker submits his/her review, the Service Provider will receive a notification and will also have the opportunity to leave a review about working with the Service Seeker. Please Note: At this stage, Service Providers cannot see the Service Seeker’s review.
- Once both Service Provider and Service Seeker have completed their reviews, or the 10 days have passed, all posted reviews are made public.
- Responding to a review: Once both reviews from the Service Seeker and Service Provider have been published, the Service Provider can reply to the Service Seeker’s review from the Project page, as seen on the Service Provider’s profile page, beneath the Service Seeker’s feedback. Likewise, the same holds true for Service Seekers replying to Service Providers’ review.
Terms of Service for Service Seeker
General
- Service Seekers may not offer direct payments to Service Providers using payment systems outside of the PREFD platform.
- Service Seekers agree to allow PREFD to remit payments made to Service Providers once milestones have been completed by Service Providers and accepted by Service Seekers.
- Service Seekers are given seven (7) working days to review milestones and once the period of review is overdue, PREFD has the authority to release the payment held to the Service Providers
- PREFD retains the right to use all publicly published delivered works for PREFD marketing and promotional purposes.
- Please refer to the Service Contract for making Payments through the PREFD platform and refer to the Payment Terms here to learn about fees and taxes.
- All Service Seekers are to provide proper and valid information/documentation for authentication purpose when registering onto the Site.
Projects
General
- A Project is marked as Complete after it is marked as Settled and then accepted by a Service Seeker. Once the Project is marked as Settled, the Service Seeker has to respond within seven (7) working days. A Project will be automatically marked as Complete if no response was submitted within seven (7) working days after the Order was marked as Settled.
- A Project is marked as Complete after it is marked as Settled and then accepted by a Service Seeker. Once the Project is marked as Settled, the Service Seeker has to respond within seven (7) working days. A Project will be automatically marked as Complete if no response was submitted within seven (7) working days after the Order was marked as Settled.
- Service Seekers are responsible in laying out in detail what is to be provided, by when it is to be provided and any other necessary details required to ensure proper delivery of the service by Service Providers.
- Service Providers are responsible for enquiring sufficient details about the project before agreeing to accept rather than only relying on the details given by Service Seekers. This is to avoid any material and important details from being uncommunicated.
- Both Service Seekers and Service Providers are to confirm and agree upon the number of milestones for fixed priced projects and the number of months engaged for retainer projects.
- The Service Provider may provide invoice directly to the Service Seeker for services rendered..
- It is the responsibility of both the Service Seeker and Service Provider to go through the service contract in a thorough manner before agreeing to engage and be engaged.
Handling Projects
- When a Service Seeker decides to engage with a Service Provider, the Service Provider is notified by email as well as notifications on the site while logged into the account.
- Service Providers are required to meet the delivery time they specified when creating their contract. Failing to do so will allow the Service Seeker to cancel the project when a milestone is marked as delayed and may harm the Service Provider’s status.
- Service Providers must send completed files and/or proof of work using the “Settle” button (located on the project page) to mark the project as Settled.
- Users are responsible for scanning all transferred files for viruses and malware. PREFD will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- Service Seekers may use the “Decline” button located on the Project Page while a project is marked as Settled if the delivered materials do not match the Service Provider’s description on their Services page or they do not match the contract terms.
- When a Service Provider request for an extension of deadline for services to be rendered, the Service Seeker has the authority to accept or reject such request with valid reason. The Service Provider shall take full responsibilities for delays should their request for extension be disapproved by the Service Seeker.
- PREFD does not govern the quality or functionality of service transacted and instead only governs the agreed upon deliverables. We provide no warranty with respect to the Services, their delivery, and any communications between Service Seekers and Service Providers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Services.
Ratings
- Feedback reviews provided by Service Seekers while completing a Project are an essential part of PREFD’s rating system. Reviews demonstrate the Service Seeker’s overall experience with the Service Providers and their service. Service Seekers are encouraged to communicate to the Service Provider any concerns experienced during their active project in regards to the service provided by the Service Provider.
- Leaving a Service Seeker’s feedback is a basic prerogative of a Service Seeker. Feedback reviews will not be removed unless there are clear violations of our Terms of Service.
- To prevent any misuse of our rating system, all feedback reviews must come from legitimate projects executed exclusively through the PREFD platform from users within our community. Projects arranged, determined to artificially enhance Service Provider ratings, or to abuse the PREFD platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
- Feedback comments given by Service Seekers are publicly displayed on a Service Provider’s profile page.
- Withholding the delivery of services, files, or information required to complete the Project’s service with the intent to gain favorable reviews or additional services is prohibited.
- Users are allowed to leave reviews on Projects up to 10 calendar days after a Project is marked as complete. No new reviews may be added to a Project after 10 calendar days.
- Service Providers may not solicit the removal of feedback reviews from their Service Seekers through mutual cancellations.
- Once the Service Seeker submits his/her rating, the Service Provider will receive a notification and will also have the opportunity to leave a rating about working with the Service Seeker. Please Note: At this stage, Service Providers cannot see the Service Seeker’s rating.
- Service Seekers who delays in making payments between milestones or frequently fail to provide responses within the time frame set, may experience a drop in ratings from underwhelming reviews received from Service Providers and risk losing the benefits that come with higher ratings.
Disputes between Users
We encourage our Service Seekers and Service Providers to settle conflicts amongst themselves before entering into a dispute. If for any reason this fails, disputes arising from misconducts that are within the ambit of PREFD deliverables can be reported to PREFD’s dispute team. For matter involving refunds, request for refunds are to be escalated to PREFD’s dispute team for review and further action to be taken. Both parties of the dispute agree that PREFD has the authority to determine whether the payment made by Service Seeker is to be remitted to the Service Provider or refunded to the Service Seeker in an objective and unbiased manner.
If either one of the parties are unagreeable to the dispute resolution and the case is taken to court, PREFD has the authority to provide relevant documents pertaining to the case for court purposes and is in line with provisions of the Personal Data Protection Act (“PDPA”). Once the dispute is resolved, the contract will be considered null and void. Any other milestones not completed after the end of contract will be deemed to have been completed. To read more about disputes and cancellations as well as refunds, please check our Payment Terms here. Any other disputes arising from misconducts that fall outside the ambit of PREFD deliverables shall be dealt amongst themselves and PREFD will not assume any responsibility of damages caused from such misconducts. Moreover, for any dealings outside the platform which results in damage to either party, PREFD will be not be held liable.
Rules and User Conduct
PREFD enables people around the world to create, share, sell and purchase nearly any service they need while maintaining a business-friendly, supportive and passionate environment. Users should keep to that spirit while participating in any activity or extensions of PREFD. This section relates to the expected conduct users should adhere to while interacting with each other on PREFD.
General
- To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of PREFD in order to circumvent or abuse the PREFD messaging system or PREFD platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the Project Page.
- PREFD does not provide any guarantee of the level of service offered to Service Seekers. You may file for a dispute provided to you in the Project Page.
- PREFD does not provide protection for users who interact outside of the PREFD platform.
- Service Seekers who delays in making payments between milestones or frequently fail to provide responses within the time frame set, may experience a drop in ratings from underwhelming reviews received from Service Providers and risk losing the benefits that come with higher ratings.
- All information and file exchanges must be performed exclusively on PREFD’s platform.
- Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
- PREFD is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
Ownership of Feedback
To the extent that you provide PREFD with any comments, suggestions or other feedback regarding the PREFD platform or the Site as a whole, as well as other PREFD products or services (collective, the “Feedback”), you will be deemed to have granted PREFD an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. PREFD is under no obligation to implement any Feedback it may receive from users.
Ownership of Service
Ownership and limitations: When purchasing a Service on PREFD, unless clearly stated otherwise on the Service Provider’s profile/Service description, when the work is delivered, and subject to payment, the Service Seeker is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Service Provider, and the Service Provider waives any and all moral rights therein. Accordingly, the Service Provider expressly assigns to the Service Seeker the copyright in the delivered work. All transfer and assignment of intellectual property to the Service Seeker shall be subject to full payment for the Service, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Service Seeker and, upon delivery, the Service Provider agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Service Seeker. Some Services (including for custom created work) charge additional payments for a Commercial Use License. This means that if you purchase the Service for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License and will have broader rights that cover your business use.
For Voice Over Services, when the work is delivered, and subject to payment, the Service Seeker is purchasing basic rights, (which means the Service Seeker is paying a one-time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) that should be stated in the contract between Service Seekers and Service Providers. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) that should be stated in the contract between Service Seekers and Service Providers. For further information on the type of buy-outs, please read below.
Furthermore, users (both Service Seekers and Service Providers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to PREFD, including Service texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by PREFD for no consideration for marketing and/or other purposes.
Voice Over Commercial Buy-Out
When purchasing a Voice Over Service, the Service Provider grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).
By purchasing a Commercial Rights (Buy-Out) with your Service, in addition to the basic rights, the Service Provider grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.
By purchasing a Full Broadcast Rights (Buy-Out) with your Service, in addition to the Commercial Rights, the Service Provider grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.
This Buy-Out is subject to PREFD’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Service Provider nor PREFD will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Services Commercial Use License
By purchasing a “Commercial Use License” with your Service, the Service Provider grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Service Provider retains all ownership rights. “Permitted Commercial Purposes” means any business-related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business-related tools etc., and strictly excludes any illegal, immoral or defamatory purpose.
This License is subject to PREFD’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Service Provider nor PREFD will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Confidentiality
Service Providers should recognize that there might be a need for Service Seekers to disclose certain confidential information to be used by Service Providers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Service Providers agree to treat any information received from Service Seekers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Service Providers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Service Seeker’s permission.
Indemnity
PREFD does not procure insurance for, nor are we responsible for instances of personal loss or injury, and property loss or damage experienced as a result of your use of this Site and the PREFD services. All users are responsible to obtain their insurance or protection against risk and shall not hold PREFD liable or responsible for damage or loss suffered. You will defend, indemnify, and hold us and our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the service.
Liability
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PREFD NOR ANY PERSON ASSOCIATED WITH PREFD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL PREFD, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with PREFD, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.
Termination of Account
These Terms remain in effect while you use PREFD and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of PREFD, for any, without explanation to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of PREFD. For the avoidance of doubt, you agree that these Terms apply to your use of PREFD and any Content posted on PREFD at any time prior to the termination or expiration of these Terms.
Changes to the Terms of Service
PREFD may make changes to its Terms of Service from time to time. When these changes are made, PREFD will make a new copy of the terms of service available on this page. You understand and agree that if you use PREFD after the date on which the Terms of Service have changed, PREFD will treat your use as acceptance of the updated Terms of Service.