Terms Of Service

UPDATE MESSAGE: This Privacy Policy was last updated on March 12, 2024

Welcome to Gebeya.com (together with all subdomains, the “Site”), which is the property of and operated by Gebeya Inc., a Delaware corporation (“Gebeya”, “us”, “we” or “our”). Gebeya offers the Site, including all hosted software applications, resources, materials and information therein (“Content”) to the you (“User” or “You”) subject to and conditioned upon Your acceptance of all terms, conditions, restrictions, policies and notices contained herein. We may need to update these Terms of Service (these “Terms”) from time to time. If we make changes, we will notify You by revising the date at the top of these Terms, and we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification).

1. International Terms of Use
By visiting the Site and/or subscribing to any of our services, you agree to be contractually bound by these Terms including any additional conditions referenced herein or made available herein by hyperlink. Furthermore, you agree to be legally bound by all applicable laws and regulations and accept full responsibility for your compliance with the same. If you do not agree to all these Terms, DO NOT USE THE SITE. These Terms are considered an offer, acceptance is expressly conditioned on Your acceptance of these Terms.

2. Scope of Application
These Terms apply to the Site any and all our Content, including but not limited to Talent Cloud services such as Registration, Vetting, Matching, Skilling, Community and other content such as software development, consultancy and managed services. Any new Content added to the Site shall also be subject to these Terms. Notwithstanding the foregoing, if you are (a) an individual using the Site on behalf of an employer that has entered into a separate written license agreement signed by Gebeya for use of the Site, the terms and conditions of such other agreement shall prevail over any conflicting terms or conditions in these Terms of Service; and (b) agreeing to these Terms on behalf of or for the benefit of your employer, then you represent and warrant that you have the necessary authority to agree to these Terms on your employer's behalf.

3. Ownership of Content
The Site, including all past, present and future versions and all pages found therein; the Content and information including all graphics, text, images, audio, videos, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitation the design, structure, “look and feel” and arrangement of such content contained on the Site; trade names, trademarks, service marks, logos, domain names and other distinctive brand elements, whether registered or not, including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights, are owned, controlled or licensed by or to Gebeya, and are protected by intellectual property laws and unfair competition laws. In using the Site, including any Content, you acknowledge and agree to abide by all applicable intellectual property and competition laws, as well as any specific notices contained on the Site. All rights not expressly granted are reserved. For clarity, no part of the Site, including any Content, may be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without our express prior written authorization.

4. General Conditions; User Information
These Terms govern your use of the Site, including any Content, as its appears on www.gebeya.com with all its subdomains. These Terms incorporate our Privacy Policy which details how we will collect, store, protect and use any personal information which may be collected from you as a result of your use of the Site or services. Please read these Terms in conjunction with our Privacy Policy which is incorporated into these Terms by this reference.

5. Limited License; User Restrictions
Subject to these Terms, Gebeya hereby grants to You a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to remotely access the Content, which includes Gebeya's proprietary software and is provided on a hosted, software as a service (SaaS) basis. Violations of these Terms, as determined by us in our discretion, may result in the immediate suspension or removal of your access to this Site and/or restrictions on your access to our services. You (a) must keep any login credentials (e.g., username, password) for the Site secure and confidential; (b) are solely responsible for all activity in your account on the Site; (c) must use reasonable efforts to prevent unauthorized access to your account and notify Gebeya promptly of any such access; and (d) may use the Site and Content only in accordance with applicable law and otherwise must comply with all applicable laws. You shall not permit anyone else to copy, use, modify, transmit, distribute or otherwise exploit the information, tools or any other copyrighted materials provided on the Site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any applicable law or any laws in your jurisdiction (including but not limited to copyright laws). By agreeing to these Terms, You agree not to upload, post or otherwise transmit through the Site or any of our other tools or media, any content that is determined, in our discretion, to be false, misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable; constitutes unauthorized disclosure of personal or confidential information and/or infringes any patent, trademark, trade secret, publicity rights, privacy rights, copyright or other intellectual property or other rights of any party; contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware or malware designed for phishing or with a view to compromise the data security and integrity of the Site or to obtain sensitive personal or financial information of others.

6. Intellectual Property
All rights, title and interest in and to any and all intellectual property rights relating to the Site and any Content, including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time, shall exclusively be owned by Gebeya. You are not authorized to and are expressly prohibited from copying, modifying, reproducing, re-publishing, sub-licensing, selling, uploading, broadcasting, posting, transmitting, transferring mirroring on any other server, or distributing any of the Content without the prior written consent of Gebeya. All other trademarks, service marks and trade names on the Site or any Content are the marks of the respective owners and any unauthorized use is prohibited. Gebeya shall be entitled, upon any actual or suspected breach of this Section 6 by the User, to immediately terminate these Terms and cease to provide any service to You.

7. Third Party Content Disclaimer
The Site may contain User or third party submitted content, such as feedback and suggestions, or other materials or submissions (“Third Party Content”). Gebeya does not claim ownership of any Third Party Content and, to the full extent permitted by law, shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Third Party Content. Third Party Content is not reviewed, approved or endorsed by Gebeya and is provided solely for the convenience of Users. Gebeya however reserves the right to monitor, restrict access to, edit or remove any such Third Party Content from the Site. All Third Party Content is provided on an ‘as is’ and ‘as available’ basis and without any warranties, whether express or implied, except those that cannot be excluded under statute. We also do not warrant that Third Party Content will be error free, including technical inaccuracies. Where Users are of the opinion that any Third Party Content should for whatever reason be taken down from the Site, Users are encouraged to report such content to us by email at info@gebeya.com. Gebeya may, where necessary, contact You in order to elicit additional information regarding such reported content and shall have the right to determine, at its sole discretion and without further recourse to User, whether or not to take down such reported content.

8. Third Party Websites
The Site may contain links to other websites on the Internet that are owned and operated by third parties (including our enterprise customers), which are provided for User's convenience only. Gebeya does not control the information, products or services available on any third party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website's operators. Because we have no control over such websites and resources, User agrees that Gebeya is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of User's data privacy by third parties (other than third party service providers to Gebeya). If You decide to access any of the third party websites linked to or referred to in the Site, You does so entirely at Your own risk and subject to the terms and conditions of use for such third party websites. You further agree that Gebeya shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site.

9. Modifications
Gebeya reserves the right to make modifications to the Site, the Content and any of our services at any time without notice to the User. We shall not be liable to you or any third party for any modification, suspension or discontinuance of any service.

10. Pricing and Payment
As an express condition of your use of and access to our Services, you agree to pay our mutually agreed fees subject to the payment terms described in these Terms and on the Site. We accept over the counter payments at our offices (cash, through debit or credit card) direct deposit into our designated bank accounts (cheque, wire transfer, bank transfer) or through other third party payment platforms such as mobile money, payment processors / aggregators. Gebeya does not at any point handle your card information or other banking details. Consequently, you are solely responsible for your interactions with any financial institution or third party payment platforms. For the avoidance of doubt, Gebeya is not liable for any loss or transfer or unauthorized use of your data resulting from the use of or in connection with any financial institution or third party payment platform. User therefore undertakes to hold Gebeya harmless against all claims, actions, suits, losses, costs, liabilities and expenses relating to or arising out of User's use of any financial institution or third party payment platforms. Once paid, all fees are non-refundable.

11. Termination
We shall be entitled to terminate these Terms and cease to provide you any service and/or suspend or restrict your access to the Site with or without notice and with immediate effect if suspect or determine that You have breached these Terms.

12. Data Protection
The nature of the services provided by Gebeya require collation, use, storage and (sometimes) disclosure (“Use”) of certain User information such as name, contact information and demographic information (“Data”). We will store your Data and use the same to contact you and otherwise use it in the normal course of providing you the service(s) to have paid/subscribed to, in accordance with the terms of our Privacy Policy. By using the Site, You consent to all actions taken by Gebeya with respect to your information in compliance with the Privacy Policy. You hereby consent to receiving communications in any form from Gebeya in connection with the Site, including but not limited to the following: by mail, by electronic mail, by telephone (landline or wireless), by website or in-app messaging, by push notification and by text messages (i.e., SMS and/or MMS communications). Furthermore, You hereby consent to receiving calls or text messages from Gebeya in connection with the Site made to wireless telephone numbers that are automatically dialed and/or include pre-recorded messages.

13. Disclaimer of Warranties
You use the Site at your sole risk. We do not guarantee or make any representations or warranties as to the quality, suitability, truth, accuracy or completeness of the Site. Furthermore, we make no representations, warranties or guarantees that your use of our service will be uninterrupted, timely, secure or error-free or that the Site will meet with your expectations and requirements, be virus-free, or perform error- and damage-free. User agrees that all Site and Content are provided on an ‘as is’ and ‘as available’ basis for Your use, without any representations, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title, and non-infringement. User acknowledged that Gebeya does not warrant that your access or use or both of the sites and Content will be uninterrupted, timely, secure, error-free or virus-free, and Gebeya does not make any warranty as to the results that may be obtained from the use of the Site and Content, and no information, advice or services obtained by you from Gebeya or through the Site and property will create any warranty not expressly stated in these Terms.

14. Limitation of Liability
User acknowledges and agrees that Gebeya is only willing to provide access to the Site if User agrees to certain limitations on Gebeya's liability. Therefore, User agrees that Gebeya SHALL NOT BE LIABLE to You for any loss or damage which You may incur, including without limitation as a result of any reliance by you on the accuracy, completeness or suitability of the Site or the Content, including any changes which Gebeya makes to these from time to time, or for any temporary interruption, modification, suspension or permanent cessation of the Site or any of our services. User further agrees that Gebeya shall not liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages arising out of or in connection with Your use of the Site or the Content(including without limitation for loss of or damage to business, revenues, goodwill or data) even if Gebeya had previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract, negligence or other tortuous action. Some states and other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, Gebeya’s liability will be limited to the greatest extent permitted by law. If You are dissatisfied with any portion of the Site, Your sole and exclusive remedy is to discontinue use of the Site.

15. Indemnity
User agrees and shall indemnify and hold Gebeya, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from and against any claims and demands, including reasonable attorneys’ fees, arising from or relating to: (a) Your use of and access to the Site; (b) any of your submissions or other Third Party Content; or (c) your violation of these Terms. This indemnification obligation will survive the termination of these Terms and your use of our services.

16. Governing Law; Jurisdiction
The offer and acceptance of these Terms is deemed to have occurred in the State of Delaware. Any claim relating to these Terms shall be governed by the laws of the State of Delaware without regard to the principles of conflict of law. In any action between or among any of the parties, whether arising out of these or otherwise, each of the parties irrevocably and unconditionally (a) consents and submits to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware; and (b) waives any and all right to trial by jury in any legal proceeding arising out of or related to this agreement or any transactions contemplated hereby.

17. Contact Us
We welcome questions and comments, which may be directed to us by email at info@gebeya.com