Terms of Service
Last Updated: February 22, 2020
The Terms and Conditions (“Terms”) describe how Workestra, Inc (“Company”, Workestra”,”Mocha”, “we”, and “our”) regulates your use of the Sites, product and affiliated properties (the “Sites”, “Apps”). Please read the following information carefully to understand our practices regarding your use of the Sites. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you to check the Sites frequently to see the actual version of the Terms and their previous versions.
If you represent a legal entity, you certify that you entitled by such a legal entity to conclude the Terms as the legal entity you represent.
When using the Sites, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign your account to anyone. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The Company may refuse or cancel service, terminate your account, and remove or edit content.
The Company does not knowingly collect personal data from persons under the age of 18 (eighteen). If you are under 18 (eighteen) years old, you may not use the Sites and may not enter into the Terms under any circumstances.
Before you create an account, make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Services, as well as the rights you grant Sites.
By using our Services, you represent and warrant that:
- You are at least 18 years old;
- You are legally qualified to enter a binding contract with Sites;
- You are seeking a meaningful work relationship.
- You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
- You are not on any list of individuals prohibited from conducting business with the United States;
- You are not prohibited by law from using our services;
- You have not have been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
- You are not required to register as a sex offender with any state, federal or local sex offender registry;
- You do not have more than one account on our Services; and
- You have not previously been removed from our Services by us, unless you have our express written permission to create a new account.
If at any time you cease to meet these requirements, you must immediately delete your account, and we retain the right to remove your access to our services without warning.
You agree to:
• Comply with these Terms, and check this page from time to time to ensure you are aware of any change;
• Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
• Use the latest version of the Sites and/or App;
• Treat other users in a courteous and respectful manner, both on and off our Services and abide by our membership principles;
• Be respectful when communicating with any of our customer care representatives or other employees;
• Maintain a strong password and take reasonable measures to protect the security of your login information.
• Present yourself respectfully and authentically by adding at least one photo that shows your face.
You agree that you will not:
• Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
• Use the Services in a way that damages the Services or prevents their use by other users;
• Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
• Use our Services for any harmful, illegal, or nefarious purpose;
• Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
• Post or share Prohibited Content (see below);
• Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
• Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
• Use another user’s account;
• Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or
• Disclose private or proprietary information that you do not have the right to disclose;
• Copy, modify, transmit, distribute, or create any derivative works from, any member’s content or our content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without our prior written consent;
• Express or imply that any statements you make are endorsed by Workestra;
• Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
• Upload viruses or other malicious code or otherwise compromise the security of our Services;
• Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
• “Frame” or “mirror” any part of our Services without Mocha’s prior written authorization;
• Use meta tags or code or other devices containing any reference to Mocha or the platform (or any trademark, trade name, service mark, logo or slogan of Mocha) to direct any person to any other website for any purpose;
• Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;
• Use, access, or publish the Mocha application programming interface without our written consent;
• Probe, scan or test the vulnerability of our Services or any system or network; or
• Encourage, promote, or agree to engage in any activity that violates these Terms.
Prohibited Content—Mocha prohibits uploading or sharing content that:
• Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;
• Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
• Is defamatory, libelous, or untrue;
• Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
• Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
• Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, links to other websites or premium line telephone numbers);
• Involves the transmission of “junk” mail or “spam”;
• Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Mocha or otherwise;
• Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
• Was not written by you or was automatically generated, unless expressly authorized by Workestra;
• Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;
• Is inconsistent with the intended use of the Services; or
• May harm the reputation of Mocha or its affiliates.
The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.
It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.
While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that Mocha provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.
1. Your Content
You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review Your Content.
2. Member Content
While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.
Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.
You do not have any rights in relation to Member Content, and you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing use to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.
3. Our Content
Workestra owns all other content on our Services.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.
Reporting/Inappropriate content and misconduct
Workestra does not tolerate inappropriate content or behavior on our Services.
We are committed to maintaining a positive and respectful Mocha community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services. We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly by tapping the three dots in the top right of any profile and selecting “Report”. You may also email Mocha Customer Service at email@example.com
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act)
The Sites allows you to use Services available on the Sites. You shall not use the services for the illegal aims.
We may, at our sole discretion, set fees for using the Sites for you. All prices are published separately on relevant pages on the Sites. We may, at our sole discretion, at any time change any fees.
We may use certified payment systems, which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their Sites.
Third Party Services
The Sites may include links to other Sites, applications, and platforms (hereinafter the “Linked Sites“).
The Company does not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the Sites.
Prohibited Uses and Intellectual Property
The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Sites from one device in accordance with the Terms. You shall not use the Sites for unlawful or prohibited purpose. You may not use the Sites in a way that may disable, damage, or interfere in the Sites.
All content present on the Sites includes text, code, graphics, logos, images, compilation, software used on the Sites (hereinafter and hereinbefore the “Content“). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Sites shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.
The Company Materials
By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.
No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.
Disclaimer of Certain Liabilities
The information available via the Sites may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.
The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Sites. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.
To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Sites in the context of the inability or delay to enjoy the Sites or its services, or for any Content of the Sites, or otherwise arising out of the enjoyment of the Sites, based on contract and non-contract liability or other reason.
If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.
You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Sites or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The Company may assume the exclusive defense and you shall cooperate with the Company in asserting any available defenses.
Termination and Access Restriction
The Company may terminate your access and account to the Sites and its related services or any part at any time, without notice, in case of your violation of the Terms.
The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the Sites in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Sites.
Nothing in the Terms shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Sites.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.
The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the Sites and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.
The Company and its affiliates shall not be liable for a failure or delay to fulfill its obligations where the failure or delay results from any cause beyond Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company’s control.
In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Sites or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Terms or our practices in relation to your personal data, please contact us through our Sites. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.
We welcome your comments or questions about our Terms. You may contact us through the contact information available on our Sites.