policies, terms and conditions set forth in, referred to and/or linked herein, all of
which are incorporated herein by reference, are, collectively, the “Agreement”.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY.
This Agreement constitutes a legal agreement between you ( “you” or “User”) and
JobNurse Service Co. Ltd. (“JobNurse” or “us”). This Agreement governs your use of
our services and platform that facilitates communications between Users offered
through our website located at www.jobnurse.co , as it may be modified, relocated
and/or redirected from time to time (the “Site” ), and the mobile applications offered
by us (the “Apps”). Our services, platform, Site and Apps are collectively referred to
as the “JobNurse Platform”.
By accessing, using or registering with the JobNurse Platform or any portions
thereof, you hereby expressly acknowledge and agree to be bound by the terms and
conditions of this Agreement, and any future amendments and additions to this
Agreement as we may publish from time to time. Please read this Agreement
carefully. If you do not agree to accept and be bound by this Agreement, you must
immediately stop using the JobNurse Platform. JobNurse’s acceptance is expressly
conditioned upon your assent to this Agreement in its entirety. If this Agreement is
considered to be an offer by us, acceptance is expressly limited to this Agreement.
By using the JobNurse Platform, you represent and warrant that: (i) you are at least
18 years old, are at least of the legally required age in the jurisdiction in which you
reside, and are otherwise capable of entering into binding contracts; and (ii) you
have the right, authority and capacity to enter into this Agreement and to abide by
the terms and conditions of this Agreement, and that you will so abide. Where you
enter into this Agreement on behalf of a company or other organization, you
represent and warrant that you have authority to act on behalf of that entity and to
bind that entity to this Agreement.
To the extent permitted and except where prohibited by applicable law, these Terms
of Use include:
? Your agreement that either party may compel binding arbitration for most types of
disputes, and your agreement to submit to an informal dispute resolution process for
at least 30 days prior to the initiation of any claim.
? Your agreement that no claims can be adjudicated on a class basis.
? Your agreement that the JobNurse Platform is provided “as is” and without
? Your agreement that the JobNurse Platform is solely a communications platform
providing a method for Professional Services to be booked, that all Professional
Services are performed by third parties, and that JobNurse has no liability for any
Professional Services or any acts or omissions of third parties, with the exception of
JobNurse’s Happiness Guarantee.
? Your agreement that JobNurse’s Happiness Guarantee is limited to Payments paid
by Requesters through the JobNurse Platform.
? Your acknowledgment of and agreement to pay JobNurse’s Trust and Support Fee
that will be applied to each appointment of a Professional Service requested through
the JobNurse Platform.
? Your acknowledgment of and agreement to JobNurse’s cancellation policies and
? Your agreement to release JobNurse from liability based on claims relating to
Services and otherwise and your agreement to the limitation of time within which a
claim can be brought.
? Your agreement to indemnify JobNurse from claims due to your use, misuse or
inability to use the JobNurse Platform, the Merchandise and/or Professional
Services, your violation of this Agreement, applicable laws or third party rights,
and/or content or information submitted from your account to the JobNursePlatform.
? Your consent to any modifications or amendments to this Agreement.
? Your consent to the collection, use, sharing and transfer of your data as outlined in
1. The JobNurse Platform is Solely a Venue for Communications; Background
a. The JobNurse Platform is Solely a Venue for Communications. The JobNurse
Platform is a communications platform for enabling the connection between
individuals seeking to obtain services ( “Requesters”) and/or individuals seeking to
provide services (“Professionals”). Requesters and Professionals together are
referred to as “Users”. Those certain services requested by the Requesters, which
are to be completed by the Professionals, are hereinafter referred to as “Professional
Services”. The Professional Services may include the delivery and/or assembly of
furniture and/or other items ( “Merchandise”), but shall not be deemed to include the
Merchandise itself. JobNurse does not itself provide Professional Services or
Merchandise. The provision of all Professional Services is up to the Professionals,
which may be scheduled through use of the JobNurse Platform. JobNurse,
THROUGH THE JobNurse PLATFORM, OFFERS INFORMATION AND A METHOD
TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT
DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL
SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER
OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER
HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND HAS NO
RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR
MERCHANDISE PROVIDED TO THE REQUESTER BY PROFESSIONALS,
INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD
AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
JobNurse IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY
THIRD PARTYMERCHANDISE PROVIDER OR RETAILER.
b. Background Checks. JobNurse checks the backgrounds of Professionals via third
party background check services. However, each Requester should exercise caution
and common sense to protect its personal safety and property, just as you would
when interacting with any person whom you do not know. BY USING THE JobNurse
PLATFORM, THE REQUESTER AGREES TO HOLD JobNurse FREE FROM THE
RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT
OF THE PROFESSIONAL SERVICES. JobNurse IS NOT RESPONSIBLE FOR THE
CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING
PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR
DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.
2. Personal Information; User Accounts.
a. Collection of your Personal Information. Some of the materials available on the
JobNurse Platform may require prior registration to access. If you decide to access
such materials you will be required to register. We may refuse to grant you, and you
may not use, a user name, email address or screen name that is already being used
by someone else; that may be construed as impersonating another person; that
belongs to another person; that violates the intellectual property or other rights of any
person; that is offensive; or that we reject for any other reason in our sole discretion.
When you complete a registration with us, you will be required to provide certain
personal information. You agree that such information will be true, accurate and
complete, and that you will update this information promptly when it changes. If you
provide any information that is untrue or inaccurate, not current, or incomplete, or if
we suspect that your information is untrue or inaccurate, not current, or incomplete,
we may, in our sole discretion, suspend or terminate your right to access any
material for which registration is required. Any personally identifiable information
b. Account, Password and Security. You are the sole authorized user of your
account. You are responsible for maintaining the confidentiality of any username,
password and account provided by you or us for accessing the JobNurse Platform.
You are solely and fully responsible for all activities that occur under your password
or account, except that JobNurse may, in certain circumstances, access your
account to make changes that you request, such as rescheduling a Service
appointment. JobNurse has no control over the use of any User’s account by the
User or third parties and expressly disclaims any liability derived therefrom. Should
you suspect that any unauthorized party may be using your password or account or
you suspect any other breach of security, you must contact us immediately. Nothing
in this section shall affect JobNurse’s rights to limit or terminate the use of the
JobNurse Platform, as provided below in section 4(b).
c. Proof of Identity. You will provide us with such proof of identity as we may
reasonably request from time to time.
d. Text Messages and Phone Calls. By providing your phone number and using the
JobNurse Platform, you agree that we may, to the extent permitted by applicable law,
use your mobile phone number for calls and, if such phone number is a mobile
number, for text (SMS) messages, in order to assist with facilitating the requested
Professional Services. Standard call or message charges or other charges from your
phone carrier may apply to calls or text (SMS) messages we send you.
e. Emails. JobNurse may send you confirmation and other transactional emails
regarding the Professional Services. JobNurse may also send you emails about
services that we think might interest you (“Promotional Emails”). You can
unsubscribe from Promotional Emails at any time by clicking unsubscribe in our
email communications or contacting us.
3. Payments; JobNurse Happiness Guarantee; Claims.
a. Payments. Users of the JobNurse Platform contract for Professional Services
directly with other Users. JobNurse is not a party to any contracts for Professional
Services. The JobNurse Platform facilitates these contracts by supplying a medium
through which Requesters can connect with Professionals, schedule Professional
Services, and make payments for Professional Services ( “Payments”). Requesters
are obligated to pay in advance for the Professional Services and/or Merchandise
they order through the JobNurse Platform. We will charge the Requester’s credit
card / cash according to the amount the Requester has agreed to on the JobNurse
Platform with respect to all Professional Services and/or Merchandise, the Requester
has ordered, and for all purchases and payments for reimbursement costs, fees or
expenses associated with a Professional Service as well as the Trust and Support
Fee (as defined in 3(f) below), and the Requester hereby authorizes us to charge the
credit card on file in the Requester’s JobNurse Platform account for such amounts.
We will use third party services to process credit card information. By accepting this
Agreement, you are giving JobNurse(or a third-party payment processor on
JobNurse’s behalf) permission to charge your on-file credit card, debit card, or other
approved methods of payment for fees that you owe JobNurse. Depending on the
transaction you selected or services requested, JobNurse may charge you on a
one-time or recurring basis. All information that you provide in connection with a
purchase or transaction or other monetary transaction interaction with the
Professional Services must be accurate, complete, and current. You agree to pay all
charges incurred by users of your credit card, debit card, or other payment method
used in connection with a purchase or transaction or other monetary transaction
interaction with JobNurse at the prices in effect when such charges are incurred.
We retain the right, in our sole discretion, to place a hold on the Requester’s credit
card for an ordered or completed Professional Service transaction. Seventy-two (72)
hours after a Professional Service is completed, if there is no complaint by the
Requester, we will mark the Professional Service as closed. If the Requester has
agreed with the Professional to extend or reduce the hours in or to reschedule a
requested Professional Service, the Requester bears the responsibility for notifying
JobNurse. Requesters must notify JobNurse either by changing the date or hours of
the requested Professional Service through the JobNurse Platform.
All Payments by Requesters must be made through the JobNurse Platform. Any
Payments paid outside of the JobNurse Platform are not subject to our JobNurse
Happiness Guarantee in Section 3(d). Except for the JobNurse Happiness
Guarantee in Section 3(d), and the Refund Policy in Section 3(e), no refunds or
credits will be provided once the Requester’s credit card has been charged, except
that at our sole discretion, refunds or credits may be granted in extenuating
circumstances, as a result of specific promotions, or to correct any errors we have
made. While we will use commercially reasonable efforts to ensure the security of all
credit card and all other personal information, we expressly disclaim any liability for
any damage that may result should any information be released to any third parties,
and you agree to hold us harmless for any damages that may result therefrom.
Requesters will be liable for all transaction taxes on the Professional Service(s)
provided (other than taxes based on JobNurse’s income).
b. Job Rate. The rate per hour for a Professional Service ( “Job Rate”) depends on
factors, such as location and how frequently a Recurrent Service is ordered, and
payment terms may increase. Therefore, the same Professional Service may cost
more in a different location or if the Professional Service is ordered less frequently.
However, you will be notified prior to any such payment increase with sufficient
notice to enable you to cancel the Recurrent Service as set forth herein.
c. Recurrent Service. When requesting a Professional Service, Requesters may
have the option of choosing that the Professional Service be repeated on a regular
basis (“Recurrent Service”). For example, a Requester may choose that a cleaning
be performed every two weeks. When a Requester chooses a Recurrent Service,
JobNursewill automatically schedule that Recurrent Service to occur on future dates
indefinitely at the frequency requested by Requester. Requester’s credit card will be
charged the same non-promotional amount, as originally disclosed to Requester at
the time of signing up for Recurrent Service for the Recurrent Service as the
Professional Service appointments occur and for any applicable cancellation fees.
JobNurse cannot guarantee that the same Professional will be available for each
Recurrent Service appointment or that Recurrent Service appointments will not be
d. JobNurse Happiness Guarantee.
i. The JobNurse Happiness Guarantee is available to Requesters and is the sole
liability of JobNurse to Requesters for the performance of Professional Services. If
you are not satisfied with the quality of the initial Professional Service requested and
paid for through the JobNurse Platform, then JobNurse will send another
Professional to re-perform the Professional Service ordered at no additional charge
to the Requester.
ii. The JobNurse Happiness Guarantee also provides certain limited additional
protections. Pursuant to the JobNurse Happiness Guarantee and subject to the
below conditions and limitations, JobNurse will compensate Requesters: (a) up to
10,000 Baht per occurrence for losses arising from property damage as a direct
result of negligence of a Professional during performance of a Professional Service.
The Service Requester is eligible for the JobNurse Happiness Guarantee provided
that the Requester reports the issue within seventy-two (72) hours of the
Professional Service appointment to our Requester service by visiting
www.JobNurse.co For Recurring Services, each Professional Service is treated as a
iii. JobNurse Happiness Guarantee – Conditions & Exclusions; Your Primary
Insurance. If you carry insurance that would cover you in the event of a claim, such
as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella
policy (“Personal Insurance”), You agree that your Personal Insurance is primary and
the JobNurse Happiness Guarantee is secondary. The JobNurse Happiness
Guarantee will only compensate for losses to the extent not otherwise covered by
Your Personal Insurance.
iv. Coverage Under the JobNurse Happiness Guarantee. A Requester will be
covered under the JobNurse Happiness Guarantee for every Professional Service,
subject to the exclusions below, provided:
? The Professional Service is agreed to between a Requester and a Service
Professional through the JobNurse Platform, performed by the Service Professional
hired by the Requester and paid for in full through the JobNurse Platform;
? You have reported the claim within 72 hours of the Professional Service; and
? Your JobNurse account is in good standing with no outstanding balances owed to
JobNurse or Professionals.
? v. What is excluded from the JobNurse Happiness Guarantee? The
“JobNurseHappiness Guarantee” does not cover the following:
? losses arising out of acts of nature, including, but not limited to, pollution,
earthquakes and weather related events such as hurricanes and tornadoes;
? losses arising out of interruption of business, loss of market, loss of income and/or
loss of use;
? losses for property damage and theft exceeding the original value and/or
replacement value for such property, less any standard depreciation;
? losses arising from negligence of a Requester or third party;
? losses arising from a manufacturer’s or a product’s defects;
? losses from pre-existing damages or conditions of the item or property;
? losses arising from items supplied by the Requester or due to Requester
recommendations (e.g., if a manufacturer recommends affixing furniture to a wall
and a Requester declines to have furniture affixed, etc);
? losses arising from flooding and/or water damage including mold, fungi or bacteria;
? losses arising from products containing hazardous or harmful materials, acts of
terrorism, product liability, or pollution;
? losses of cash, third party gift cards, and securities;
? losses as a result of theft of property or any other intentional wrongful act by a
? losses arising from normal wear and tear;
? losses for items that retain their functionality;
? losses based on sentimental and/or undocumented intangible value;
? losses related to repairs outside of the area where the Professional Services were
? losses of pets, personal liability or damage to shared or common areas;
? losses arising from shipping costs and/or shipping of replacement items and/or
taxes incurred in purchasing the original and/or replacement items;
? losses of theft in all case
? losses without insufficient document requested by JobNurse
vi. How do I submit a Claim? First report of a claim must be made 72 after booking
occurs. After first report, You will be asked to complete the full claim form within 7
days of receipt. We urge you to read through these terms and conditions prior to
submitting a claim. All claims will be reviewed on a case-by-case basis. During
JobNurse’s claims assessment process, You may be required to provide written
detailed: (i) proof of ownership of damaged item (ii) proof of value of
damaged/missing item and (iii) proof of damage. If such information is requested,
You will have 30 days from the date of the request to send JobNurse the requested
information. If You fail to provide the requested information within the 30 day time
period and/or fail to contact JobNurse to arrange for an extension of time, Your claim
will be considered closed. You also agree to: (i) protect and preserve any damaged
property that is the basis of a claim from further damage, (ii) assist and allow
JobNurse or its insurers access to inspect and make copies, photographs and
recordings of anything relating to the claim, (iii) accept repairs and/or remediation by
a Professional, (iv) accept a replacement only if repairs are proven not to be an
option, (v) submit requested materials by the dates outlined by the JobNurse
resolutions team, and (vi) accept a replacement item subject to the standard
depreciation of that item.
If any part of Your claim is approved, then as a condition to any payment to You
under the JobNurse Happiness Guarantee, You will be required to execute and
deliver to JobNurse a release agreement and assign to JobNurse or its insurer any
rights and remedies you may have to recover amounts paid to you with respect to an
approved claim from any party that is financially responsible for the approve claims
and any rights in any property that is recovered.
e. JobNurse Trust and Support Fee JobNurse may assess an additional “Trust and
Support Fee” to support the JobNurse Platform, including costs related to
background checks, insurance, customer support, and related services provided to
you by the JobNurse Platform. The Trust and Support Fee will be applied to each
appointment of a Professional Service requested through the JobNurse Platform
(e.g., if you requested a Recurring Service, a Trust and Support Fee may be
assessed on each Recurrent Service appointment). The amount of the Trust and
Support Fee may vary but shall be retained by JobNurse in its entirety.
4. Term and Termination; Cancellation of Professional Services; Survival.
a. Term. This Agreement shall continue in full force and effect until such time as it is
terminated by you or by us.
b. Termination by JobNurse. We may terminate this Agreement or terminate or
suspend your right to use the JobNurse Platform at any time for any or no reason
(including, without limitation, in the event that we believe that you have breached this
Agreement or any policy posted on the JobNurse Platform, or if we otherwise find
that you have engaged in inappropriate and/or offensive behavior (collectively,
“Prohibited Conduct”) by providing you with written or email notice of such
termination to the physical or email address you have provided us, and termination
will be effective immediately upon such notice. Except in the event that we terminate
or suspend your right to use the JobNurse Platform due to any Prohibited Conduct,
we will refund in full any payments for JobNurse services or Professional Services
that have not been performed or completed. If we terminate or suspend your account
for any reason, you are prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third party, even if you may
be acting on behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress. When terminating your
account, JobNurse may delete the account and all the information in it. You have no
ownership rights to your account.
c. Termination by You. You may terminate this Agreement by completely and
permanently ceasing to use the JobNurse Platform (provided that there are no
outstanding Professional Services ordered under your password or account) and by
closing any account you have opened on the JobNurse Platform. If you attempt to
terminate this Agreement while there are still outstanding Professional Services
ordered under your password or account, this Agreement shall not terminate until
such Professional Services have been performed or otherwise canceled as permitted
d. Cancellation Policy for Service Cancellation by Requester of Cleaning Plans
without a Minimum Commitment and Cleaning Plans after completion of the
Minimum Commitment period. JobNurse’s cancellation policy (found at
www.JobNurse.co) for specific Professional Services is as follows: Requesters may
cancel their scheduled Professional Service appointments through the JobNurse
Platform at any time, subject to the following. If a the booking hasn’t been accepted
by Professionals, Requester can cancel the booking without any charges. By the
way, if the booking has already been accepted by Professional and Requester
cancels more than 24 hours before a scheduled Professional Service appointment,
there will be 4% cancellation fee from booking price. If a Requester cancels between
2-24 hours before a scheduled Professional Service appointment, the Requester will
be charged 50% cancelation fee from booking price. If the Requester cancels during
the 2 hours before a scheduled Professional Service appointment, the Requester will
be charged the full Professional Service amount. This cancellation policy applies
both for one-time Professional Service bookings and for recurring Professional
Service appointments. A Professional Service appointment may be canceled through
e. Policy for Service Cancellation by Professional. When a Professional cancels a
scheduled Professional Service appointment, the JobNurse Platform generally
notifies the Requester and makes the Requester’s Professional Service request
available for another Professional to select. However, JobNurse cannot guarantee
that a canceled Professional Service appointment will be selected by another
Professional and rescheduled or that the Professional Service request will be
completed. For Recurrent Service Requesters, if a Professional Service appointment
is canceled by a Professional, Requester will not be charged for that Professional
Service appointment. Professionals who cancel a scheduled Professional Service
appointment may incur fees as provided in the Service Agreement.
f. Survival. All provisions that should by their nature survive the expiration or
termination of this Agreement, including without limitation, Sections 8, 10 and 14-23,
shall so survive.
5. Links to and Plug-Ins from Other Web Sites or Media. Links (such as hyperlinks)
from the JobNurse Platform to and plug-ins from sites or applications owned,
operated or controlled by third parties (collectively, “Third Party Sites”) do not
constitute the endorsement by JobNurse of the Third Party Sites or their content.
Such links and plug-ins are provided as an information service, for reference and
convenience only. JobNursedoes not control any Third Party Sites, and is not
responsible for their content. It is your responsibility to evaluate the content and
usefulness of the information obtained from Third Party Sites. The use of any Third
Third Party Site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK.
JobNurse EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION
WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU
HEREBY AGREE TO HOLD JobNurse HARMLESS FROM ANY LIABILITY THAT
MAY RESULT FROM THIRD PARTY SITES.
6. Submission Areas. The JobNurse Platform may contain blogs, message boards,
applications, opportunities to provide reviews, job postings, chat areas, news groups,
forums, communities and/or other message or communication facilities that allow
Users to communicate with other Users and with JobNurse (collectively, “Submission
Areas”). Some areas in the Submission Areas within the JobNurse Platform will be
public and JobNurse will not be responsible for any information or materials posted
in such public areas. JobNurse may, in its discretion, publicly post submissions you
submit to a non-public area of the JobNurse Platform. You may only use Submission
Areas to send and receive messages and material that are relevant and proper to
the applicable forum and that comply with this Agreement. “Your Information” is
defined as any information and materials you provide to us or other Users in
connection with your registration for and use of the JobNurse Platform, including
without limitation, information and materials that are posted or transmitted for use in
Submission Areas. You are solely responsible for Your Information, and we are
merely a passive conduit for your online distribution and publication of Your
Information. You hereby represent and warrant that Your Information: (a) will comply
at all times with this Agreement, including but not limited to Section 7 (Rules for Use
of the JobNurse Platform) below, and with Section 2 (Personal Information; User
Accounts) above; and (b) will not create liability for us or cause us to lose (in whole
or in part) the services of our Internet Service Providers (ISPs), customers, or other
partners or suppliers. You hereby grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host,
store, reproduce, modify, create derivative works, communicate, publish, publicly
perform, publicly display and distribute all of Your Information that is posted to
Submission Areas from or through your account on the JobNurse Platform, including
but not limited to all images, videos, musical works and text included in such
postings. The rights you grant in this license are for the limited purpose of operating,
promoting, and improving the JobNurse Platform. We reserve the right to remove
postings from Submission Areas in our sole discretion.
7. Rules for Use of the JobNurse Platform. During the term of this Agreement,
Requesters may use the JobNurse Platform for your personal use only (or for the
use of a person, including a company or other organization that you validly
represent). Requesters may use the JobNurse Platform to book Professional
Services solely with respect to a location where the Requester is legally authorized
to have Professional Services performed. Requesters may not use the JobNurse
Platform for any other purposes or in connection with any commercial endeavors
whatsoever without our express prior written consent. Requesters agree that an
order for Professional Services is an offer, which is only accepted when the
Requester receives a confirmation of the order. Requesters agree to treat
Professionals courteously and lawfully, to provide a safe and appropriate working
environment for them that is in compliance with all applicable laws and regulations,
and to provide reasonable co-operation to Professionals to enable them to supply
Professional Services. Requesters agree to communicate any complaints to us and
not to the Professionals. Requesters agree to comply with our complaint and other
policies designated on the Site. Requesters acknowledge that their selected
Professional may be unavailable from time to time, e.g. due to illness, vacation or
leaving the JobNurse platform. Professionals agree to provide Professional Services
in accordance with all applicable laws and regulations and with the Service
Agreement. You shall NOT use the JobNurse Platform (including but not limited to
any Submission Areas) to do any of the following:
a. Upload files that contain viruses, Trojan horses, corrupted files, or any other
similar software that may damage the operation of another’s computer.
b. Upload files that contain software or other material that violates the intellectual
property rights or rights of privacy or publicity of any third party.
c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as, but not limited to, rights of privacy and publicity) of others, including but not
limited to our staff and other Users.
d. Post a review or rating unless such review or rating contains your independent,
honest, genuine opinion.
e. Use the JobNurse Platform or any Professional Service for any purpose or in any
manner that is in violation of local, state, national, or international law.
f. Publish, post, upload, distribute or disseminate any profane, defamatory, false,
misleading, fraudulent, threatening or unlawful topics, names, materials or
information, or any materials, information or content that involve the sale of
counterfeit or stolen items.
g. Advertise or offer to sell any goods or services for any commercial purpose or
solicit employment or contract work which is not relevant to services offered through
the JobNurse Platform. You may not solicit, advertise for, or contact in any form
Users for employment, contracting, or any other purpose not related to Professional
Services facilitated through the JobNurse Platform without express written
permission from us.
h. Use the JobNurse Platform to collect usernames and/or email addresses of
members by electronic or other means without our express prior written consent.
i. Conduct or forward surveys, contests, pyramid schemes, or chain letters.
j. Impersonate another person or allow any other person or entity to use your
identification to post or view comments or otherwise use your account.
k. Post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly
l. Download any file posted by another User that you know, or reasonably should
know, cannot be legally distributed through the JobNurse Platform, or post or upload
any content to which you have not obtained any necessary rights or permissions to
m. Restrict or inhibit any other User from using and enjoying the JobNurse Platform.
n. Imply or state that any statements you make are endorsed by us, without our prior
o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license,
sublicense, alter, copy, distribute, hack or interfere with the JobNurse Platform, its
servers or any connected networks, use a robot, spider, manual and/or automatic
processes or devices to data-mine, data-crawl, scrape or index the JobNurse
Platform in any manner, or attempt to do any of the foregoing.
p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary
marks and rights owned by us.
q. Upload content that is offensive and/or harmful, including, but not limited to,
content that advocates, endorses, condones or promotes racism, bigotry, hatred or
physical harm of any kind against any individual or group of individuals.
r. Upload content that provides materials or access to materials that are obscene,
adult or sexual or that exploit anyone, and in particular people under the age of 18, in
an abusive, violent or sexual manner.
s. Register to use the JobNurse Platform under different usernames or identities,
after your account has been suspended or terminated.
t. Mirror or archive any part of the JobNurse Platform or any content or material
contained on the JobNurse Platform without JobNurse’s written permission.
u. Forge any TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting or providing false or misleading representations in the
sender information, subject line, locator, or content of any electronic message.
v. Alter transmission data without JobNurse’s consent
8. No Employment. JobNurse provides a software platform which allows you to
connect with independent Professionals. JobNurse is not the employer of any
Professional. You acknowledge that we do not supervise, direct, or control a
Professional’s work or Professional Services performed in any manner. A
Professional provides services to you as an independent contractor, and is not an
employee, joint venture, partner, agent, or franchisee of JobNurse for any purpose
9. Special Promotions; Gift Cards and Vouchers.
a. Changes to Promotions. We may from time to time provide certain promotional
opportunities to Requesters. All promotions will be run at our sole discretion, and can
be activated, modified or removed at any time by us without advance notification.
b. Promotional Credit
i. Promotional credit is only eligible for the specific services designated by JobNurse.
Promotional credit is valid for a limited time only and expires on the date indicated
when you receive the applicable promotional credit. Failure to use promotional credit
before such expiration date will result in the forfeiture of promotional credit. JobNurse
reserves the right to cancel promotional credit at any time. No refunds will be granted
for any expired or cancelled promotional credit.
ii. JobNurse promotional credit has no intrinsic value, is not redeemable for cash,
has no cash value, and serves merely as a means to recognize and provide an
incentive to use the JobNurse platform. Promotional credits may not be purchased
for cash and JobNursedoes not sell Promotional credit. Promotional credit is
iii. Promotional credits will not be applied against any sales, use, gross receipts or
similar transaction based taxes that may be applicable to you, and/or fees or charges
for use of any ineligible services.
iv. Your JobNurse account will be billed for all fees and charges for use of any
ineligible services. Each promotional credit can only be used once and your
JobNurse account will be billed for all fees and charges for use of any eligible service
in excess of the amount of available promotional credit.
v. Promotional Credit you receive is personal to you. You may not sell, license, rent,
or otherwise transfer promotional credit. Promotional credit may be applied only to
your account, and may not be applied to any other account.
c. Referral Credits. In the event that you are given a code through which you may
refer a friend to the JobNurse Platform in exchange for a referral credit, you shall not
use any online marketing or advertising to promote such code or to artificially
increase the amount of credits awarded. By way of example, you may not post, or
cause, request or permit a third party to post any such code on a coupon website,
nor use any paid search marketing, online advertising, forum posting, newsgroup
posting or bulk email to disseminate such code. You may only share such code with
your personal friends and acquaintances for legitimate referral purposes, as
determined by us in our sole discretion. JobNurse referral credits are redeemable
only for Professional Service. JobNursereferral credits have no cash value and are
not redeemable for cash unless otherwise required by law. Without limiting our other
rights and remedies, we may terminate such code and/or your account for any
breach of this Section. For questions or additional information, contact us at
i. JobNurse vouchers or promotional codes for special offers or discounts (
“Vouchers”) may be available and can be used to pay in part or in full for
ii. You agree that you will only use one Voucher per person and will use Vouchers in
accordance with the Voucher terms and conditions.
iii. You agree that you will comply with all Voucher terms and conditions.
iv. Use of Vouchers is further subject to the below terms and conditions regarding
e. Gift Cards
i. JobNurse Gift Cards (“Gift Cards”) are redeemable only for Professional Services.
Gift Cards have no cash value and are not redeemable for cash unless otherwise
required by law.
ii. Gift Cards must be presented at the time of purchase and any available balance
will be applied to your purchase.
iii. Gift Cards do not expire and there are no inactivity, dormancy or service fees
associated with Gift Cards.
iv. You agree that you will comply with all Gift Card terms and conditions.
v. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any
other Gift Cards, Vouchers, gift certificates, or other coupons.
vi. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift
Cards, and cannot be used to make a payment towards third party items the balance
on a credit card.
vii. We reserve the right to limit quantities of Gift Cards purchased by any person or
entity and to cancel a Gift Card if we believe that the Gift Card was obtained through
fraudulent or unauthorized means.
viii. No credit card, credit line, overdraft protection, or deposit account is associated
with your Gift Card. Unused Gift Card balances are not transferable, and you may
not sell a Gift Card or otherwise barter for its exchange although you may give a Gift
Card to someone else as a gift.
ix. A Gift Card is void if copied, altered, transferred, purchased or sold.
x. Purchases of Gift Cards are final and not refundable. All sales are final
xi. We reserve the right to correct the balance of a Gift Card if we believe that a
billing error has occurred, and we disclaim all liability for any such billing errors.
xii. Gift Cards and their use are subject to this Agreement (including the Privacy
Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and
conditions are subject to change without notice. If the laws pertaining to a Gift Card
require additional or different terms and conditions, then such terms and conditions
10. Intellectual Property Rights. The JobNurse Platform, and the information, data,
content and materials, which it contains (“JobNurseMaterials”), are the property of
JobNurse and/or its affiliates and licensors, excluding User-generated content, which
JobNurse has a right to use as described below. The JobNurse Materials are
protected from unauthorized copying and dissemination by Thai copyright law,
trademark law, international conventions, and other intellectual property laws.
JobNurse and/or its affiliates and licensors are and shall continue to be the sole and
exclusive owner of all right, title and interest in and to all intellectual property rights
associated with the JobNurse Materials. Any use of JobNurse Materials, other than
as expressly permitted herein, is prohibited without the prior permission of JobNurse
and/or the relevant right holder. The service marks and trademarks of JobNurse,
including without limitation JobNurse.co and the JobNurse logo are service marks
owned by JobNurse. Any other trademarks, service marks, logos and/or trade names
appearing on the JobNursePlatform are the property of their respective owners. You
may not copy or use any of the marks, logos or trade names appearing on the
JobNurse Platform without the express prior written consent of the owner.
11. Copyright Complaints and Copyright Agent. JobNurse respects the intellectual
property of others, and expects Users to do the same. JobNurse will respond to
properly submitted notices of alleged copyright infringement that comply with
applicable law. In the event that a person or entity has a good faith belief that any
materials provided on or in connection with the JobNurse Platform infringe upon that
person’s or entity’s copyright or other intellectual property right (such person or entity,
a “Complainant”) and sends to JobNurse a properly submitted copyright notice as
indicated below, JobNurse will investigate, and if it determines, in its discretion, that
the material is infringing, JobNursewill remove the content and may terminate the
access of the User who posted such content to the JobNurse Platform in the case of
12. The App / Mobile Devices
a. The JobNurse Platform may allow you to access our services, download our Apps,
upload content to the JobNurse Platform, and receive messages on your mobile
device (collectively “Mobile Features”). Your mobile device carrier may prohibit or
restrict certain Mobile Features and certain Mobile Features may be incompatible
with your mobile device carrier or mobile device. In addition, your mobile device
carrier may charge you for standard messaging, data, and other fees to participate in
Mobile Features. We have no responsibility or liability for any fees or charges you
incur when using the Mobile Features. You should check with your mobile device
carrier to find out whether any fees or charges will apply, what plans are available
and how much they cost. You should also contact your mobile device carrier with any
other questions regarding these issues.
b. You acknowledge that your use of the Apps is subject to any terms set forth in the
terms of service of the third party providing the mobile device on which the App
operates (e.g., Apple iOS or Android).
c. JobNurse is not liable if you do not have a compatible mobile device or if you
download the wrong version of an App for your mobile device. JobNurse reserves
the right to terminate the use of the Apps or any other aspect of the JobNurse
Platform should you be using the Apps or the JobNurse Platform with an
incompatible or unauthorized device.
13. Modifications to the JobNurse Platform. We reserve the right in our sole
discretion to review, improve, modify or discontinue, temporarily or permanently, the
JobNursePlatform or any content or information on the JobNurse Platform with or
without notice. We will not be liable to any party for any modification or
discontinuance of the JobNursePlatform.
14. Confidentiality. The term “Confidential Information” shall mean any and all
ofJobNurse’s trade secrets, confidential and proprietary information, personal
information and all other information and data of JobNurse that is not generally
known to the public or other third parties who could derive value, economic or
otherwise, from its use or disclosure. The JobNurse Platform contains secured
components that are accessible only to those who have been granted a user name
and password by JobNurse. Information contained within the secure components of
the JobNurse Platform is confidential and proprietary. You acknowledge that
Confidential Information (as hereinafter defined) is a valuable, special and unique
asset of JobNurse and agree that you will not use Confidential Information other than
as necessary for you to make use of the JobNursePlatform as expressly permitted
by this Agreement and only during the term of this Agreement. You will not disclose
or transfer (or seek to induce others to disclose or transfer) any Confidential
Information for any purpose. You shall promptly notify JobNursein writing of any
circumstances, which may constitute unauthorized disclosure, transfer, or use of
Confidential Information. You shall implement reasonable technical, physical and
administrative safeguards to protect Confidential Information from loss or theft, as
well as unauthorized access, disclosure, copying, transfer, modification or use. You
shall return all originals and any copies of any and all materials containing
Confidential Information to JobNurse upon termination of this Agreement for any
15. Disclaimer of Warranties; Limitation on Liability.
a. USE OF THE JobNurse PLATFORM IS ENTIRELY AT YOUR OWN RISK. TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE JobNurse
PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR
GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, NEITHER JobNurseNOR ITS AFFILIATES OR LICENSORS
WARRANT THAT THE JobNurse PLATFORM WILL BE UNINTERRUPTED OR
ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT
AVAILABLE IN OR THROUGH THE JobNursePLATFORM; NOR DO THEY MAKE
ANY WARRANTY AS TO ANY PROFESSIONAL’S REGISTRATION,
PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE JobNurse PLATFORM, OR AS TO THE TIMELINESS, ACCURACY,
RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT
OF THE SERVICES, PROFESSIONAL SERVICES, OR ANY PRODUCTS,
MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED
THROUGH OR IN CONNECTION WITH THE USE OF THE JobNurse PLATFORM
OR THIS AGREEMENT. ACCESS TO THE JobNurse PLATFORM IS PROVIDED
FREE OF CHARGE AS A COURTESY. NEITHER JobNurse NOR ITS AFFILIATES
OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE
OR OFFLINE, OF ANY USER OF THE JobNurse PLATFORM (INCLUDING BUT
NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR
PROFESSIONALS). NEITHER JobNurse NOR ITS AFFILIATES OR LICENSORS
WARRANT THAT THE JobNurse PLATFORM IS FREE FROM VIRUSES, WORMS,
TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. JobNurse AND ITS
AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY
INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE
MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY
b. NO LIABILITY. YOU AGREE NOT TO HOLD JobNurse, ITS AFFILIATES, ITS
LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS,
DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY,
“MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS,
CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT
HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING
TO YOUR USE OF OR INABILITY TO USE THE JobNurse PLATFORM,
INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION
WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING
WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL
VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY),
SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT,
OR SERVICE PROVIDED BY JobNurse OR MEMBERS, AND ANY DESTRUCTION
OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL JobNurse OR
MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN
CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE JobNurse
PLATFORM OR ANY SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES
WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME.
JobNurse AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO
THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION
WITH THE JobNurse PLATFORM, THE PROFESSIONAL SERVICES, THE
MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF,
NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT
JobNurse OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE
AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO
JobNurse DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM
c. RELEASE. JobNurse AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY
THAT MAY ARISE BETWEEN USERS OF THE JobNurse PLATFORM. THE
JobNursePLATFORM IS ONLY A VENUE FOR CONNECTING USERS. TO THE
EXTENT THAT THE JobNurse PLATFORM CONNECTS A USER TO A THIRD
PARTY PROVIDER FOR THE PURPOSES OF PROVIDING MERCHANDISE
HEREUNDER, JobNurse WILL NOT BE RESPONSIBLE FOR ASSESSING THE
SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND
YOU EXPRESSLY WAIVE AND RELEASE JobNurse FROM ANY AND ALL
LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED
TO THE THIRD PARTY SERVICE PROVIDER. BECAUSE JobNurse IS NOT
INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE
COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU
HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE JobNurse AND
MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL,
DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND
UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH
d. ADDITIONAL DISCLAIMER. THE QUALITY OF THE PROFESSIONAL
SERVICES AND/OR THE MERCHANDISE SCHEDULED OR REQUESTED
THROUGH THE USE OF THE JobNurse PLATFORM IS ENTIRELY THE
RESPONSIBILITY OF THE PROFESSIONAL WHO ULTIMATELY PROVIDES
SUCH PROFESSIONAL SERVICES TO YOU AND/OR THE THIRD PARTY
MERCHANDISE PROVIDER. YOU UNDERSTAND, THEREFORE, THAT BY
USING THE JobNurse PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL
SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS,
OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE
OBJECTIONABLE, AND THAT YOU USE THE JobNurse PLATFORM, AND SUCH
PROFESSIONAL, AT YOUR OWN RISK.
NOTHING IN THIS AGREEMENT OR THE JobNurse PLATFORM CONSTITUTES,
OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE
ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
BY USING THE JobNurse PLATFORM, YOU AGREE THAT THE EXCLUSIONS
AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE
REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST
NOT USE THE JobNurse PLATFORM.
YOU ACCEPT THAT, AS A CORPORATION, JobNurse HAS AN INTEREST IN
LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND
EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM
PERSONALLY AGAINST JobNurse’S OFFICERS, DIRECTORS OR EMPLOYEES
IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT
PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF
WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT
THE JobNurse’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS,
PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND
SUB-CONTRACTORS AS WELL AS JobNurse.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO
THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED
HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE
BARGAIN BETWEEN THE PARTIES.
16. Indemnification. You hereby agree to indemnify, defend, and hold harmless
JobNurse, its licensors, and each such party’s directors, officers, parent
organizations, subsidiaries, affiliates, members, employees, agents, attorneys,
independent contractors and vendors from and against any and all claims, losses,
expenses, liabilities, damages or demands (including attorneys’ fees and costs
incurred), in connection with or resulting from, directly or indirectly: (i) your use or
misuse of or inability to use the JobNurse Platform, any Merchandise and/or any
Professional Service, (ii) your violation of this Agreement, (iii) your violation of any
applicable law or regulation; (iv) your violation of the rights of another (including but
not limited to Professionals), and (v) Your Information and content that you submit or
transmit through the JobNurse Platform. JobNurse reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise
subject to your indemnification. You will not, in any event, settle any such claim or
matter without the prior written consent of JobNurse.
17. Mutual Arbitration Agreement.
Informal Negotiations. To expedite resolution and reduce the cost of any dispute,
controversy or claim, past, present, or future, between you and JobNurse, including
without limitation any dispute or claim related to or arising out of this Agreement
(“Dispute”), you and JobNurse may attempt to negotiate any Dispute informally (the
“Informal Negotiations”) before initiating any arbitration or court proceeding. Such
Informal Negotiations will commence upon written notice. Your address for any
notices under this section is your email address and/or physical address that you
have provided to JobNurse. JobNurse’s address for such notices is:
email@example.com and/or by mail to JobNurse Co. Ltd, 119 M.9 T.Donkaew
A.Maerim Chiang Mai 50180
18. Assignment. This Agreement may not be assigned or transferred by you without
our prior written approval. We may assign or transfer this Agreement without your
consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to
an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in
violation of this section shall be null and void. This Agreement shall inure to the
benefit of permitted successors and assigns.
19. General Provisions. No agency, partnership, joint venture, employer-employee or
franchiser-franchisee relationship is intended or created by this Agreement. A failure
by us to enforce any provision(s) of this Agreement will not be construed as a waiver
of any provision or right. This Agreement constitutes the entire agreement between
you and JobNurse with respect to its subject matter. If any provision of this
Agreement is found to be invalid or unenforceable, the remaining provisions will be
enforced to the fullest extent possible, and the remaining provisions will remain in full
force and effect. You agree that, except as otherwise expressly provided in this
Agreement, there shall be no third party beneficiaries to this Agreement. You agree
that regardless of any statute or law to the contrary, any Dispute, claim or cause of
action arising out of or related to this Agreement must be filed within one (1) year
after such Dispute, claim or cause of action arose or be forever barred. All notices
provided by a party in connection with this Agreement will be deemed given as of the
day they are received either by email, messenger, delivery service, or in the U.S.
Mail, postage prepaid, certified or registered, return receipt requested, and
addressed as follows: Your address for such notices is your email address and/or
physical address that you have provided to JobNurse. JobNurse’saddress for such
notices is: 119 M.9 T.Donkaew A. Maerim Chiang Mai, 50180. The captions in this
Agreement are solely for convenience and shall not affect the interpretation of this
Agreement. This Agreement shall not be modified except in writing signed by both
parties or by means of a new posting by JobNurse, as described below. This
Agreement shall be interpreted as if jointly drafted by the parties. JobNurse shall
have no liability to you for any failure or delay in performing its obligations in this
Agreement where such failure or delay is caused by an event or circumstance
beyond JobNurse’s reasonable control including, without limitation, strikes, lock-outs
and other industrial disputes, breakdown of systems or network access, failure of
Professionals to perform, flood, fire, explosion, acts of terrorism or accident.
20. Changes to this Agreement. We reserve the right, at our sole and absolute
discretion, to change, modify, add to, supplement or delete any of the terms and
conditions of this Agreement at any time, effective with or without prior notice. If any
future changes to this Agreement are unacceptable to you or cause you to no longer
be in compliance with this Agreement, you must terminate, and immediately stop
using, the JobNurse Platform. Your continued use of the JobNurse Platform following
any revision to this Agreement constitutes your complete and irrevocable acceptance
of any and all such changes.
21. Severability These Terms shall be deemed severable. In the event that any
provision is determined to be unenforceable or invalid, such provision shall
nonetheless be enforced to the fullest extent permitted by law, and such
determination shall not affect the validity and enforceability of any other remaining
22. Contact Information. If you have any questions regarding this Agreement, please
contact us at firstname.lastname@example.org or by mail the below address:
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE
JobNurse PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE
BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT