These Terms of Service ("Terms") are a legal agreement ("Agreement") between you and LynksHub. They explain the rules for your continued use of the LynksHub website, any related websites, our mobile and tablet apps, and any other services we provide (collectively called the "LynksHub Platform").
When we talk about "LynksHub," "we," "us," or "our" in these Terms, we're referring to the specific LynksHub entity you're working with, which depends on your location or the information linked to your LynksHub account.
1.0 Key Terms
"Company" and/or “Provider” means LynksHub lt who shall be providing the Services (hereafter defined)
"Buyers" are individuals or businesses that procure services from Sellers that are offering services on the LynksHub platform.
"Sellers" are independent contractors or individuals that offer services on the LynksHub platform.
"Territory" and “Location” means Jamaica
2.0 Services
A. LynksHub is an online marketplace that facilitates registered Sellers (“Sellers”) and Buyers (“Buyers”), arranging services provided by Sellers on the Platform.
Sellers communicate and transact directly with Buyers seeking to utilize the Sellers' services.
B. As the Provider of the LynksHub Platform, LynksHub does not own, create, sell, resell, provide, control, manage, offer, deliver,
or supply any Seller services listed on the Platform. LynksHub is solely a marketplace that connects Sellers and Buyers who wish to
arrange services. Sellers are solely responsible for the listed services they provide. Buyers who make or accept a service arrangement
are entering into a contract directly with the Seller, not LynksHub. LynksHub is not a party to the contract between the Seller and Buyer of the services.
LynksHub is not acting as an agent in any capacity for either the Seller or the Buyer, except as specified in the Payment Terms section.
C. If you choose to use the Platform as a Seller, your relationship with LynksHub is limited to being an independent, third-party contractor and not an employee,
agent, joint venturer, or partner of LynksHub for any reason, and you act exclusively on your behalf and for your benefit, not on behalf or for the benefit of LynksHub.
LynksHub does not, and shall not, be deemed to direct or control you generally or in your performance under these Terms specifically, including in connection
with your provision of the services. You acknowledge and agree that you have complete discretion whether to list services on the Platform or otherwise engage
in other business or employment activities. You acknowledge that you are legally authorized to perform the services you provide in the jurisdiction in which the services are provided.
D. Because of how the Internet works, LynksHub cannot guarantee that the LynksHub Platform will always be available or accessible.
We might limit access to the LynksHub Platform or certain features if needed due to capacity limits, server security, or maintenance
to keep things running smoothly. LynksHub may also update, improve, or change the Platform and introduce new services from time to time.
E. LynksHub does not control or guarantee the following: (i) the existence, quality, safety, suitability, or legality of any listings or services
provided by Sellers; (ii) the truth or accuracy of any listing descriptions, Ratings, Reviews, or other Member Content; or (iii) the performance
or behavior of any Member or third party. While we may assist in resolving disputes, we do not own or control these aspects. LynksHub does not endorse any listings or services provided by Sellers.
F. Any mention of a member being "verified" simply means they have completed a third-party verification or identification process.
This does not imply that LynksHub endorses, certifies, or guarantees anything about the Member, including their identity, background,
or trustworthiness. It's important to exercise caution and good judgment when using a service, accepting a service request, or interacting with other members, whether online or in person.
3.0 Prohibited Services
The following services are not allowed:
1) Illegal or fraudulent activities
2) Copyright or trademark infringement
3) Adult services or pornographic content
4) Inappropriate or obscene services
5) Copying someone else’s Listings
6) Spam or deceptive listings
7) Misleading Service Listings
8) Reselling regulated goods
9) Doing academic work for others
10) Offering low-quality services or deliveries
4.0 Modification of Terms
LynksHub can change these Terms at any time. If LynksHub does, LynksHub will update the Terms on the LynksHub Platform and show the new
“Last Updated” date at the top. LynksHub will email you at least thirty (30) days before the changes occur.
If you disagree with the new Terms, you can end your agreement immediately. LynksHub will let you know how to do this in the email.
If you do not end your agreement before the new Terms go into effect, using the LynksHub Platform means you accept the changes.
5.0 Account Setup
1. You can use the Platform without creating an account, but to access certain features, you will need to create a password-protected account ("Account"). When you register, you agree to provide accurate, up-to-date information and to keep it current.
2. You are responsible for keeping your LynksHub password, and if applicable, your third-party password, safe. You are also responsible for all activity on your
Account and should notify LynksHub immediately if you notice any unauthorized use. LynksHub is not responsible for any losses caused by unauthorized use of your Account.
However, you could be held responsible for losses to LynksHub or others if the unauthorized use of your Account is due to not following these Terms. Your Account cannot be transferred to someone else.
6.0 Sellers – How does it work?
Sellers create listings on LynksHub to allow Buyers to purchase their services. For each listing you sell and successfully complete, LynksHub will credit your account with revenue equal to 80% of the purchase amount.
The Seller's LynksHub account is credited once a contract is completed, so long as the Buyer does not raise any concerns with the contract within 48 hours of the completion. A Seller may then request a withdrawal from their LynksHub account, which will be completed within three to five business days.
Sellers may not promote their Listings, Seller Page, or any LynksHub content via the Google Ads platform.
The Seller's rating is calculated based on the reviews posted by Buyers. In certain cases, exceedingly low ratings may lead to suspending the Seller’s account (see Levels section below).
Sellers are responsible for obtaining a general liability insurance policy with coverage amounts sufficient to cover all risks associated with the performance of their services.
Sellers are required to submit the following information and documents to LynksHub: (a) Name, address, telephone number, and email address; (b) Copy of an identification document (e.g. identity card, passport) or other electronic identification as may be required by LynksHub; (c) Payment details; (d) Self-certification by the Seller committing to only offer products or services that comply with the applicable laws and that they are legally allowed to provide; and (e) Upon our request, further appropriate documents that prove the information provided. (ii) If a Business Seller fails to provide this information and documents within a reasonable deadline, LynksHub may restrict or suspend the account.
Sellers must pay any taxes that apply to them, including GCT or income tax, depending on where they live or do business. They need to follow their local tax laws and confirm that they will continue to do so. The price listed on the Seller’s Page includes all these taxes and charges.
7.0 Sellers – How do you receive payments?
Sellers appoint LynksHub as a limited agent solely for collecting payments through its payment provider from the Buyer and sending those payments to the Seller. A payment by the Provider to the Seller satisfies the Buyer’s obligation to the Seller. LynksHub will send funds to the Seller utilizing the Provider Payment Option outlined below:
Local Bank Transfer (LBT) - No Fee
Provider is not responsible for the security, accuracy, or maintenance of any banking or payment information provided by Sellers. Sellers are solely responsible for ensuring the accuracy and security of their financial information when using the platform. Provider shall not be held liable for any loss, misuse, or unauthorized access to such information.
8.0 Buyers – How do you contract and pay for services?
Buyers purchase services from Sellers with Listings on the LynksHub platform. The Buyer pays a small processing fee of $450 Jamaican Dollars or $3 US Dollars plus the cost of the Services through the LynksHub Platform.
The buyer is responsible for working with the Seller to provide any necessary materials, access, or other requirements to complete the contract.
The Buyer is encouraged to provide fair and accurate ratings of the Seller's services.
LynksHub might need to add indirect taxes (like GCT orSales Tax) to the total cost for users or withhold taxes from sellers. Any extra taxes LynksHub collects will be added to the buyer's total cost, and any taxes LynksHub withholds will be deducted from the seller's earnings, as required by law.
9.0 Identity Checks
It can be hard to verify identities online, and we cannot guarantee a Member's identity. However, all users consent to complete a driver license, national ID or passport verification, which is done through Shuftipro.
10.0 Disputes Between Members
LynksHub values our Sellers and Buyers, and we know that sometimes disputes can arise between them. We aim to provide tools to help Users resolve these disputes independently. In the rare case that a dispute related to the Platform cannot be settled independently, you agree, at LynksHub's request, to participate in good faith in a neutral resolution or mediation. This may be conducted by LynksHub or a neutral third-party mediator or arbitrator chosen by LynksHub. However, please understand that LynksHub is not obligated to get involved in or resolve disputes between Users or any third party.
11.0 Data Privacy and Confidentiality
LynksHub takes privacy very seriously, especially regarding the security and confidentiality of your personal information shared on or through the LynksHub Platform. Your information will be kept confidential unless the law requires us to disclose it, or if it is needed to maintain your account or carry out promotional activities. You also agree that your information may be shared with third parties working with LynksHub if it is necessary or helpful to provide or continue offering the Service to you or to conduct business. For additional information please visit LynksHub’s Privacy Policy.
12.0 Electronic Communication
By using our services, you agree to receive communication from the Provider telephonically and electronically. This means that all terms and conditions, notices, disclosures, and other messages we send you electronically will have the same legal effect as if they were sent in writing. We will send these notices to you via SMS, in-app push notifications, or email.
13.0 Indemnification
To the fullest extent allowed by law, you agree to protect, indemnify, and hold LynksHub, its officers, directors, shareholders, employees, affiliates, and agents harmless from any claims, damages, losses, liabilities, costs, debts, and expenses (including attorneys' fees) that arise from: (1) your violation of these Terms or any other LynksHub terms, policies, or standards; (2) your violation of any third-party rights, including intellectual property, access, property, or privacy rights; and/or (3) any claims that your Listing, Seller Page, services, profile, or use of the LynksHub site or services caused harm to a third party, as long as LynksHub has acted with reasonable professional diligence. LynksHub reserves the right to manage its legal defense however it sees fit—even if you are indemnifying LynksHub—and you agree to cooperate with LynksHub in executing its strategy.
14.0 Disclaimer of Warranties
YOU DO SO AT YOUR OWN RISK WHEN YOU USE THIS SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS YOU OBTAIN THROUGH IT. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES UNLESS WE HAVE NOT MET REASONABLE PROFESSIONAL STANDARDS. NEITHER LYNKSHUB NOR ANYONE ASSOCIATED WITH LYNKSHUB GUARANTEES THAT THE SITE WILL BE COMPLETE, SECURE, RELIABLE, OF GOOD QUALITY, ACCURATE, OR ALWAYS AVAILABLE.
HOWEVER, THIS DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
15.0 Limitation of Liability
AS LONG AS WE HAVE ACTED WITH REASONABLE PROFESSIONAL CARE, LYNKSHUB, ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES RELATED TO YOUR USE OR INABILITY TO USE THE SITE, ANY LINKED WEBSITES, OR ANY CONTENT, SERVICES, OR ITEMS OBTAINED THROUGH THE SITE OR THOSE OTHER WEBSITES. THIS INCLUDES BUT IS NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUCH AS PERSONAL INJURY, PAIN, AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF BUSINESS OR EXPECTED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER LEGAL REASON, EVEN IF THESE DAMAGES WERE FORESEEABLE.
HOWEVER, THIS DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE LAW.
16.0 Severability
If any part of these Terms is found to be unenforceable, that part will be adjusted as little as possible to ensure the rest of the Terms remain fully effective. If LynksHub does not enforce any part of the Terms at any time, it does not mean LynksHub has waived its right to enforce that or any other part later.
17.0 Statute of Limitations and Choice of Law
You agree that any claim related to the Platform or its services must be made within one (1) year from when the issue arises. If you do not file the claim within that time, you cannot pursue it. Additionally, any disputes will be resolved under the laws of Jamaica.
18.0 Arbitration
By agreeing to these Terms, you agree that:
A. Dispute Resolution through Arbitration
All disputes you raise with the Company (including but not limited to (a) these Terms or the existence, breach, termination, enforcement,
interpretation, or validity thereof, or (b) your access to or use of the Services) shall be resolved on an
individual basis through arbitration, governed by the Arbitration Act of Jamaica, and such decisions of arbitration shall be binding and final.
B. Waiver of Class Action and Court Trials
You agree to resolve any claim against the Company on an individual basis and expressly waive any right to participate in any current or future class, consolidated, or representative actions. By agreeing to arbitration, you also waive the right to trial by the Courts for these disputes.
C. Preservation of Certain Legal Rights
Both you and the Company retain the right to bring an individual action in the Civil Court and to seek injunctive or other equitable relief in a Court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
D. Selection of Arbitrator
You and the Company shall mutually agree on one arbitrator to hear and determine the dispute. If the parties cannot agree on an
arbitrator within one week of a written demand for arbitration by a party, the Dispute Resolution Foundation of Jamaica or a similar body shall appoint an arbitrator.
E. Venue and Arbitration Process
The parties may mutually select a venue for the arbitration, subject to agreement by the chosen arbitrator. For cost-saving purposes, virtual or alternative venues may be considered. The arbitrator shall determine the extent of reasonable exchange of evidence, arguments, and information between the parties, which need not strictly adhere to Civil Practice Rules, in advance of a hearing.
F. Scope of Relief and Finality
The arbitrator may award declaratory or injunctive relief only as necessary to resolve the claimant’s individual claim. The arbitrator's decision shall be final and binding on all parties. The arbitrator will determine the extent to which legal fees and costs are recoverable by either party.
19.0 Contact Information:
If you have any questions about these Terms and Conditions or the LynksHub Platform, please email us at contact@lynkshub.com.
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