TERMS OF USE
EFFECTIVE DATE: 1st SEPTEMBER 2021
TABLE OF CONTENTS
INTRODUCTION
1 DEFINITIONS
2 PLATFORM USAGE
3 ACCOUNT REGISTRATION
4 LICENSE
5 TERM
6 ELIGIBILITY
7 TERMS FOR THE HAWKS
8 HAWKS REPRESENTATIONS AND WARRANTIES
9 TERMS FOR THE HUSTLERS
10 HUSTLERS REPRESENTATIONS AND WARRANTIES
11 AGREEMENT BETWEEN HAWK AND HUSTLER
12 RATING SYSTEM
13 PERSONAL DATA
14 CLAIMS FOR COPYRIGHT INFRINGEMENT
15 JOB MODIFICATIONS AND CANCELLATIONS
16 INTELLECTUAL PROPERTY
17 THIRD PARTY SERVICES.
18 ALLOWED USES OF PLATFORM
19 PROHIBITED ACTIVITIES
20 TERMINATION
21 RELEASE
22 WARRANTY DISCLAIMER
23 INDEMNIFICATION
24 LIMITATION OF LIABILITY
25 MODIFICATION
26 CHOICE OF LAW
27 MISCELLANEOUS
28 CONTACT
TERMS AND CONDITIONS
INTRODUCTION
Welcome to HustleHawks (U.S.A) Inc. We are a company based in Delaware. These Terms and Conditions regulate the use and access of the HustleHawks platform, and the services offered through the HustleHawks platform (“Platform”). For the sake of convenience, the term Platform shall also include the services offered through the Platform.
These Terms and Conditions along with the Privacy Policy, Three Strike Policy, Code of Conduct, Customer Protection Plan (Collectively “Terms”) set out the legal obligation vis-à-vis terms and conditions for your interaction and usage of the Platform. By clicking “Accept” when prompted on the Platform or making an Account or, using or accessing the Platform, you understand that you will adhere to these Terms and all other operating rules, policies, and procedures that may be issued periodically on the Platform by us, each of which is incorporated by reference periodically by us. If you do not agree to any of these Terms, please do not use or access the Platform.
By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first acceptance by you, between HustleHawks (U.S.A) Inc. (hereinafter referred to as “HustleHawks”, “we”, “us”, or “our”) and you the user (hereinafter referred to as “user”, “you”, “your”) (each a “Party” to the contract and collectively, the “Parties”).
DEFINITIONS
1.1 Account(s): The user account created by the users of the Platform
1.2 Hawk(s): User who registers on the Platform and solicits Hustler services.
1.3 Hustler(s): User who registers on the Platform as a service provider, to be hired by the Hawks.
1.4 Hustler Services: Services offered by a Hustler.
Job: A Job is an opportunity for a Hustler to provide the requested services for a Hawk. The term Job and Task are largely interchangeable. The primary difference is the service is called a Job from the Hustler perspective and a Task from the Hawk perspective.
1.5 Task: A Task is an opportunity created by a Hawk which is subsequently completed by the Hustler of the Hawk’s choice. A Task creates a contractual relationship between the Hawk and the respective Hustler. HustleHawks (U.S.A) Inc. or any of its representatives are not party to such contractual relationship.
1.6 Task Site: The Task Site is the premises or the location where a Hustler is supposed to complete the Task(s) for the Hawk.
1.7 Task Time: The set or expected duration within which a particular Task is expected to be completed by the Hustlers.
1.8 User: Who creates an Account on our Platform (includes both Hawks and Hustlers).
1.9 User Content: Means any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other information that any user posts to any part of the Platform.
1.10 You: Includes both Hustlers and Hawks.
Besides the definitions contained in this section the Terms may contain definitions throughout the main body of the Terms.
2 PLATFORM USAGE
2.1 You hereby through this reference agree to comply with these Terms when accessing/using the Platform. A limited right is granted to you for accessing/using the Platform. This right is available as long as you adhere to our Terms.
2.2 We strive to keep our Platform available for you to use 24×7. We also ensure that our Platform shall be accessible and secure always, however we cannot guarantee the perpetual accessibility/availability of Platform. We may cease to provide or make available certain features of our Platform without any notice to you.
2.3 We may repeal the limited right granted to you concerning the use/access to the Platform by providing notice to you. The rescission of right shall be effective immediately upon us providing such notice.
3 ACCOUNT REGISTRATION
3.1 To access the Platform, you need to register for a user Account on the Platform. For continuous access to our Platform it is suggested that you provide us with accurate, complete, and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the respective user Account.
3.2 You agree not to (1) misrepresent yourself as someone else by selecting or using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym.
3.3 You are solely liable and responsible for any activity that occurs on your Account. You agree and understand that you shall not share your user Account password with anybody or do any such act which promotes unauthorized use of your user Account. You shall take all measures to protect your password including but not limited to restricting use of your personal device.
3.4 You must notify us immediatelyon our Platformof any change in your eligibility to use the Platform, breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either through the Platform or through a request madeon our Platform.
3.5 You understand and agree that by creating a user Account you agree to receive communication concerning marketing emails and SMS from us. You understand and agree that any communication or notification you receive from us electronically shall qualify as a legal notice and meet all the legal notice requirements.
4 LICENSE
Subject to the Terms, HustleHawks gives you a limited, revocable, non-sub-licensable, non-exclusive, and non-transferable license to the Platform and Platform Content only for purposes of using the Platform in accordance with these Terms. It is expressly prohibited without the prior express permission from HustleHawks to use, reproduce, modify, distribute, or store any Platform Content for purposes other than using the Platform consistent with these Terms.
5 TERM
The Term of these Terms begins as soon as you access the Platform and continues as long as you use the Platform. By accessing the Platform, creating an Account, and clicking “accept” whenever prompted means that you’ve officially “signed” these Terms.
6 ELIGIBILITY
6.1 To use our Platform, you must:
6.1.1 Be at least of age of majority as per your local laws and not disqualified from entering into contracts under any law;
6.1.2 Complete the registration process;
6.1.3 Agree to our Terms; and
6.1.4 Provide true, complete, and up to date legal and contact information
6.1.5 You represent and warrant that you have the authority to accept these Terms on behalf the company you may be affiliated with.
6.1.6 By using Platform, you represent and warrant that you will use Platform for only legitimate purposes.
6.1.7 By using Platform, you represent and warrant that you meet all the requirements listed above, and that you will not use Platform in a way that violates any laws or regulations. HustleHawks may refuse service, close Accounts of any users, and change eligibility requirements at any time.
6.1.8 By accepting these Terms, you represent and warrant that you are qualified concerning the conditions stated herein therefore are permitted to use the Platform. If you do not meet any of the conditions stated herein you shall not access/use the Platform and must cease to be a user.
6.2 The user may be asked, while registering and creating an Account on Platform to submit their information including (without limits) their cell phone number, email address, date of birth, location or address, emergency contact details, and payment details which include bank account details, card details, Social Security Number (SSN)/Social Insurance Number (SIN) or equivalent in other countries, photo identification, and other financial details required for making payment on the Platform as well as any information for tax purposes. Where applicable the users will provide their email address issued by their respective educational institutions and universities.
7 TERMS FOR THE HAWKS
7.1 Hawks can create Tasks on their Accounts. Subsequently, when a Task is created on the Platform, Hustlers can view created Jobs once they go live on the Platform.
7.2 A Task may be removed by the Platform due to violation of these Terms, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent requests
- Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims.
- Adult oriented requests, Prostitution, Pornographic, Inappropriate/Obscene.
- Intentional copies of Tasks.
- Spam, Nonsense, or Violent Tasks.
- Tasks misleading to Hustlers.
- Reselling of regulated goods.
- Any other reason which in our opinion violates the policies of the Platform.
7.3 Tasks that are removed for violations are not eligible to be restored or edited.
7.4 Tasks may be removed from our Search feature due to inferior performance and/or user misconduct.
7.5 The prices posted by the Hawks are non-negotiable. The Hustlers cannot under any circumstance bargain with the Hawks for any reasons. In such an event Hawks may report such Hustlers to HustleHawks. We may take appropriate action against such Hustlers (including without limits, removal of the Hustler account from the Platform) in our sole discretion.
7.6 The Hawks understand and agree that we may restrict the maximum number of Hustlers who may respond to a Job posted by the Hawks on the Platform.
7.7 The Hawks shall not offer direct payments to Hustlers using third-party payment systems or payments systems outside of the Platform.
7.8 HustleHawks retains the right to use all Platform published delivered Tasks for our marketing and promotional purposes.
7.9 If a Hawk does not feel comfortable prior to commencing a Task, the Hawk and the Hustler may first meet in a public place for greetings and introductions.
7.10 Hawks should make themselves available to communicate with the Hustlers prior to the commencement of Hustler Services. Generally, tasks go live automatically at the scheduled start time of a task. However, there are instances where Hustler will request Hawk to manually start the task. This manual activation occurs by use of the golden handshake which is part of the chat function to be used immediately prior to the task start time.
7.11 The Hawks understand that Hustlers provide only the labour to complete Tasks. Hawks are required to provide all equipment, tools, supplies, safety gear etc. (the “Items”) that are required for the Hustler to complete the requested task. Failure of Hawk to provide these Items will result in Hawk still charged for Task even if the Task has not been completed. Hustlers may refuse to complete Tasks if Items are not provided to the Hustlers.
7.12 TO PROTECT AGAINST FRAUD, UNAUTHORIZED TRANSACTIONS (SUCH AS MONEY LAUNDERING), CLAIMS OR OTHER LIABILITIES, WE DO NOT COLLECT CREDIT INFORMATION; BUT ALLOW OUR PAYMENT VENDORS TO COLLECT INFORMATION FOR THE PURPOSE OF COLLECTING PAYMENTS FROM USERS ON THE PLATFORM OR TRANSFERRING PAYMENTS TO USERS ON THE PLATFORM. WE ARE NOT EXPOSED TO THE PAYMENT INFORMATION PROVIDED TO OUR PAYMENT VENDORS, AND THIS INFORMATION IS SUBJECT TO THE PRIVACY POLICY APPLICABLE TO THE PAYMENT VENDOR.
8 HAWKS REPRESENTATIONS AND WARRANTIES
8.1 Hawks shall engage Hustlers for personal, household, business and related services. Hawks represents that the purpose for which they hire the Hustler is legitimate, lawful purposes only.
8.2 Hawks understand and agree that they are exclusively responsible for all payments to the Hustlers. These payments relate to services availed by the Hawks through this Platform and our third-party payment processors vendors.
8.3 Hawks and Hustlers understand and agree they are responsible for paying any direct or indirect taxes, including any state or local taxes, GST/HST/PST, VAT or otherwise, which may apply to them depending on residency or location. The Tasks/Jobs and prices listed on the Platform shall be inclusive of all such taxes and charges that may apply to the Hawks/Hustlers unless specified by us otherwise in writing.
8.4 Hawks understand and agree that they shall treat Hustlers as independent contractors and the Hawks are the only one responsible for and assume all liability regarding employment categorization of the Hustlers including categorization as employees of the Hawks. Hawks agree and acknowledge that HustleHawks has no control, supervision, direction, decision-making authority, for Hustlers and/or Hustler’s personnel other than a Hustler’s access and use of the Platform.
8.5 Hawks agree and understand that Hustlers are not employees, or agents of HustleHawks. Hustlers and Hawks are responsible for determining any contract terms between Hawk and Hustler including without limitation pay rate, work hours, service dates, and working conditions.
8.6 Task Time starts when the Hustler arrives at the Task Site and continues until Task completion or once expected Task Time expires. At the expiry of Task Time, Hawks choose to extend the Task Time or end the Task. To extend the Task Time Hawks must come to agreement with the Hustler for additional price and time required and notify us by posting it on the Platform. Further extensions can be added in a similar process. Once either Hawk or Hustler decides a Task is accomplished/complete it shall be marked as “complete” on the Platform and become a Past Task.
8.7 Hawk agrees and understands to keep an active email address and phone number and to make the aforesaid address or number available where applicable to Platform and Hustler. Hawks authorize HustleHawks to share their contact information which HustleHawks has in its possession with Hustlers registered on this Platform.
8.8 Hawks understand that Platform does not guarantee the accuracy and validity of any User Content. It does not vouch for any User Content posted on the Platform.
8.9 Hawks represent and warrant to not engage with the Hustlers outside of the Platform. Doing so may result in permanent Account termination.
9 TERMS FOR THE HUSTLERS
Hustlers offer Hustler Services on the Platform.
9.1 Hustlers are strictly prohibited from bargaining the Job price with the Hawks. In the event a Hustler is found to be doing so, it may result in permanent termination of the Hustler’s Account.
9.2 Hustlers should provide a description of their skills and experience in their Hustler Profile for Hawks to review. Hustlers are required to upload a recent accurate photo of themselves so the Hawk can ensure their identity when providing a service.
9.3 Hustlers will not create multiple Accounts for the purposes of multiple applications to Jobs.
9.4 Hustlers understand and agree that HustleHawks charges a commission not less than 25% of the Job order value before disbursing amounts due to the Hustlers. HustleHawks does not charge any commission on the tips received by the Hustlers except any transaction processing charges which may be applied by the payment processor.
9.5 Hustlers can verify their profiles on the Platform by submitting the documents required by HustleHawks. Upon doing so the Hustler’s profile will receive a verified badge. Verification is recommended by HustleHawks so that the Hawks may have a sense of security prior to utilizing the Hustler Services.
9.6 If a Hustler does not feel comfortable prior to commencing a Job, the Hustler and the Hawk may first meet in a public place for greetings and introductions.
9.7 Hustlers must ensure that the Job status is a live job at the start of the job on the Platform to receive remuneration for their work. A Job that is not a live Job on the Platform shall not entitle the Hustlers to any renumerations. Hustlers should receive a notification and/or vibration/haptic feedback from their cell phone once a Task is started. If the Hustler does not receive such notifications, it means that the Job is “inactive”, and the Hustlers shall not be entitled to any renumerations. If a job has not gone live, the Hustler can ask the Hawk to press the golden handshake button in the Platform chat. This manually activates the job which will make it go live automatically. This golden handshake becomes functional just prior to the scheduled job start time. Hustlers are expected to arrive on time for completing Tasks at the posted Task Sites and ready to work. Task Time starts when the Hustler arrives at the Task Site and continues until Task completion or once expected Task Time expires. At the expiry of Task Time, Hawks choose to extend the Task Time or end the Task. To extend the Task Time Hawks must come to agreement with the Hustler for additional price and time required and notify us by posting it on the Platform. Further extensions can be added in a similar process. Once either Hawk or Hustler decides a Task is accomplished/complete it shall be marked as “complete” on the Platform and become a Past Job.
10 HUSTLERS REPRESENTATIONS AND WARRANTIES
10.1 The Platform is made available to Hustlers for commercial use, unless HustleHawks has agreed with you in a separate agreement. Hustlers agree that there is no contractual relationship between Hustlers and HustleHawks and that Hustlers will provide Hustler Services on the Platform in the capacity of independent contractors.
10.2 Hustlers further agree that no agency, partnership or joint venture is created as a result of these Terms or your provision of Hustler Services to the Hawks. Hustlers will not seek and HustleHawks shall not provide any supervision, directions or control over the Hustler Services offered to the Hawks.
10.3 Hustlers will obtain and possess at their own cost and at all times, while accessing and using the Platform the necessary approvals/licenses/tax registrations required to offer Hustler Services to the Hawks.
10.4 Hustlers have no authority to bind HustleHawks in any respect.
10.5 Hustlers represent and warrant to not engage with the Hawks outside of the Platform prior to Job acceptance by the Hustler on the Platform. Doing so may result in permanent Account termination.
10.6 Hustlers acknowledge and agree that HustleHawks does not provide any Hustler Services that Hustlers offer to Hawks via the Platform and that HustleHawks does not function as a provider of the particular Hustler Services that Hustlers are offering to Hawks. HustleHawks is solely a Platform where Hawks and Hustlers can be brought together and has no responsibility in the execution or provision of the Hustler Services that the Hustlers provide to the Hawks.
10.7 Notwithstanding the foregoing, HustleHawks solely accepts liability for the services offered by HustleHawks through the Platform.
11 AGREEMENT BETWEEN HAWK AND HUSTLER
11.1 Hawks and Hustlers shall enter into contract (“Task Contract”) related to performance of the Task/Job for which Hawks seeks to hire the Hustler. This task Contract is an agreement entered between the Hawks and Hustler which lays the terms and conditions of the Task/Job to be performed by the Hustler for the Hawks. The Task Contract is independent of HustleHawks.
11.2 Hawks and Hustlers have complete discretion in deciding whether they should enter into the Task Contract and also deciding conditions of the Task Contract. You understand that HustleHawks is not a party to the Task Contract and the Hustlers are not employees of HustleHawks.
11.3 Hawks and Hustlers can enter into separate agreements which may ensue the Task Contract. These separate agreements include confidentiality agreement, assignment of rights, etc. However, this separate agreement will not increase the responsibility of Platform than what it is responsible under the Terms.
11.4 The user understands that Platform is a facilitator which allows Hawks and Hustler to interact directly through this Platform. Platform does not find Jobs for Hustlers or find Hustlers for Hawks. Hustlers may be notified of the Job requirements of the Hawks vis-à-vis posts made by them and vice-versa. However, users are solely responsible for assessing the suitability of the Task/Job and the Hawk/Hustler.
12 RATING SYSTEM
The Platform uses a two-way rating system whereby users can rate each other based on chat interactions and task/jobs performed (“Rating System”). Users can also leave comments about the other users they interact with. Please be fair in your rating and appraisal of the other user. Treat other users as you wish to be treated.
Users may give ratings to each other within 7 days, the term of which commences on the completion of a Task, on the Platform (“Rating Period”). In the event that you omit to provide ratings using the Rating System, the users will not be able to give or receive any ratings on the expiry of the Rating Period.
To ensure that the users provide each other honest ratings, Hustlers and Hawks will not be able to view the rating given by each other unless both the Hustlers and the Hawks reciprocally rate each other through the Platform. We do this so that ratings provided by the other user do not influence the rating which a user ought to have given if they had no knowledge of the rating given by the other user.
HustleHawks reserves the right to remove any rating from the Platform in its sole discretion. If you think that a user has given you an unfair rating, please write to us at support@hustlehawks.com/ or contact us in the app at Help on the bottom of the Profile Screen so that we may get to know your side of the story and investigate further if the need arises (in our sole discretion). We shall take appropriate action against users who misuse our Rating System.
13 PERSONAL DATA
You agree that your personal data is collected by us through your consent. Please refer to our Privacy Policy to know how we collect and use your personal data.
14 CLAIMS FOR COPYRIGHT INFRINGEMENT
All claims of copyright infringement shall be sent to info@hustlehawks.com.
15 JOB MODIFICATIONS AND CANCELLATIONS
If a Task Contract is cancelled by either the Hawk or the Hustler or mutually after acceptance, HustleHawks may charge a cancellation fee of not less than $10 in local currency equivalent.
16 INTELLECTUAL PROPERTY
16.1 The Platform contains Intellectual Property of HustleHawks in the form of content, graphics, videos, audios, text, and any other digital content (“Platform Content”). This is an agreement for the use of Platform, and you are not granted a license to any Platform Content under the Terms. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Platform; (ii) remove any proprietary notices or labels from the Platform Content; reproduce or copy the Platform Content or any part thereof; (iii) modify, translate, or create derivative works based on the Platform Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platform Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Platform so as to produce multiple Accounts, generate automated searches, requests and queries, or to strip or mine data from the Platform; or (vii) allow third parties to gain access to the Platform or to Platform Content in any manner other than as expressly permitted in these Terms.
16.2 You acknowledge and agree that the Platform, the names and logos and all related product and names, design marks and slogans, and all other material comprising the Platform, are the property of the HustleHawks or its affiliates with the exception of the Hustlers marks (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity, or any other commercial manner without the prior written consent of HustleHawks. Your use of the Platform confers no title or ownership in the Platform or the Marks and is not a sale of any rights in the Platform or the Marks. All ownership rights remain in HustleHawks or its third-party suppliers, as the case may be.
16.3 It is our Policy to limit access to our Platform of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your Account. If you find that anything on our Platform infringes any copyright that you own, or control please contact us using the information provided below.
16.4 We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.
16.5 You are solely responsible for any User Content that you submit, publish, transmit, or display on, through, or with our Platform. You grant us a non-exclusive, worldwide, royalty-free, and fully paid license to use the User Content, as necessary, for purposes of providing the Platform services to you. All rights in and to the User Content not expressly granted to us in these Terms are reserved by You. The User Content shall hereby through this reference form part of the Platform Content. The User Content is owned by their respective owners or as permitted in this Terms and Conditions.
16.6 By making any User Content available through Platform you hereby grant to us a non-exclusive, transferable, worldwide, license to use, copy, modify, and distribute your User Content in connection with operating and providing the Platform services to you and to other Account holders.
16.7 You are solely responsible for all your User Content. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Platform, nor any use of your User Content by us on or through the Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulations.
16.8 You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Platform. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
17 THIRD PARTY SERVICES.
The Platform may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Platform. Also, Platform Content may contain links to other websites, services, or resources on the Internet. When you access third party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between us and their operators. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.
18 ALLOWED USES OF PLATFORM
18.1 Platform is an online place that helps Hawks meet and engage Hustlers who provide Hustler Services to Hawks for purposes including without limits, personal, household, business or any such purposes permitted by law. Platform facilitates such formation of contract between the users like make and receive payments, Hawk’s requirements on the Platform, a description of Hustler skills and experience, rating system for both Hustlers and Hawks, dispute resolution services, etc.
18.2 You shall not use, encourage, facilitate, instruct, prompt, direct, convince others to use, the Platform in a manner which contravenes any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose which is deleterious to others; or convey, store, post, disseminate, or facilitate content that is illegal, duplicitous or causes some kind of damages to others.
18.3 To ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Platform Content and User Content on the Platform, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Platform services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
19 PROHIBITED ACTIVITIES
19.1 Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
19.1.1 FRAUDULENT OR DECEPTIVE CONTENT INCLUDES:
- Misrepresenting one’s experience, skills, profile details including profile pictures.
- Intention to deceive users by representing to them association with other users or agency.
- Permitting another person to access and use your Account
THE ABOVE LIST IS NOT EXHAUSTIVE.
19.2 Users using the Platform understand that they shall not engage Hustler Services for doing work assigned to them by their educational institutions. Work such as assignments, project work, homework or other activities of such nature shall not be traded on this platform.
19.3 Attempt to probe, scan or test the vulnerability of any of our systems or network or breach any security or authentication measures;
19.4 Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Platform or Platform Content;
19.5 Attempt to access or search the Platform or Platform Content or download Platform Content from the Platform through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;
19.6 Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
19.7 Use any Meta tags or other hidden text or metadata utilizing our trademark(s), logo URL or product name without our express written consent;
19.8 Use the Platform or Platform Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
19.9 Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform or Platform Content to send altered, deceptive, or false source-identifying information;
19.10 Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Platform or Platform Content;
19.11 Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform;
20 TERMINATION.
We reserve the right to terminate your access to all or any part of the Platform at any point or time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. You may terminate your Account if you wish to do so by placing a request on our Platform. Any such termination shall immediately revoke the license(s) granted by us under these Terms, and you shall effective immediately be prohibited from accessing or using the Platform and Platform Content for any reason. The provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to Licenses, warranty disclaimers, ownership provisions, limitations of liability and indemnification.
21 RELEASE.
To the maximum extent permissible by applicable law, you hereby absolutely release HustleHawks and its affiliates as well as all other users of the Platform from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence, that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Platform, including any disputes which may arise between users and the acts or omissions of third parties.
22 WARRANTY DISCLAIMER.
THE PLATFORM IS PROVIDED “AS IS,” “AS AVAILABLE” BASIS. THE USE OF PLATFORM IS AT THE USER’S SOLE RISK. THE PLATFORM IS PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. HUSTLEHAWKS, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE PLATFORM IS OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE PLATFORM IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE PLATFORM PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE PLATFORM SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE PLATFORM.
23 INDEMNIFICATION.
You acknowledge and agree that, you shall at all times defend, indemnify, and hold harmless us, our affiliates and each of our and our affiliates’ including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the Platform; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or Personal data; (d) infringement by you (or any third party using your Account or identity in the Services) of any intellectual property or other right of any person or entity; or (e) otherwise in violation of these Terms in any way. It is our right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defences at your expense, including reasonable attorneys’ fees incurred by us.
24 LIMITATION OF LIABILITY.
THE USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. IN NO CASE SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR ANY USERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH REGARDS TO THE SERVICES FOR: (I) ANY LOST PROFITS, LOSS IN REVENUE, LOSS OF GOODWILL, ANY DATA LOSS, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OTHER INTANGIBLE LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, EXEMPLARY, RELIANCE, PUNITIVE, LIQUIDATED, OR ANY SIMILAR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (HOWEVER ARISING), (II) ANY, VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), (III) ANY PERSONAL INJURY OR HARM, INCLUDING DEATH, WHICH IS CAUSED BY YOUR USE OR MISUSE OF THE PLATFORM, (IV) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE PLATFORM, OR (V) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) ANY FEES PAID BY YOU FOR USING OF THE PLATFORM DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $100. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.NOTHING IN THESE TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS.
25 MODIFICATION
We shall have the right to make modifications or replace any of the Terms, or suspend, change, or discontinue the Platform (including but not limited to, the availability of any feature content, or database,) at any time or instance by posting a notice through the Platform . We may also do so by sending you a notice via e-mail, via the Platform, or by any other means of communication. We reserve the right to impose limits on certain features and Platform. We may, if required to do so restrict your access to parts or all of the Platform without notice or liability. We endeavour to try and provide notice of modifications to these Terms. However, you also agree that it is also your responsibility to take reasonable efforts to be aware of such modifications.
When you continue to use the Platform after notification of any modifications to the Terms shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Platform going forward. Your use of the Platform is subject to the Terms in effect at the time of such use.
26 CHOICE OF LAW
These Terms, the construction and enforcement of its terms and the interpretation of the rights and duties of the Parties hereto shall be governed by the laws of the state of Delaware and shall be subject to the jurisdiction of courts in Delaware. This Agreement is executed in English language which shall prevail over any translation thereof.
27 MISCELLANEOUS
27.1 Entire agreement and severability.These Terms are the entire agreement between you and us with regards to the Platform. These Terms supersede all prior contemporaneous communications and proposals made (whether oral, written, or electronic) between you and us with regards to the Platform. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
27.2 Relationship of the parties.You and HustleHawks are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms, there are no third-party beneficiaries to the Terms. We do not have any special relationship to you nor any fiduciary duty.
27.3 Force majeure.We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, pandemics, epidemics and governmental action.
27.4 You agree that these Terms are personal to you, and are not assignable, transferable or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.
27.5 All notices under these Terms shall be in writing Unless otherwise specified in these Term. Notices to us shall be sent by email to info@hustlehawks.com. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.
27.6 No waiver.Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
27.7 Interpretation. The headers are provided only to make this agreement easier to read and understand.
28 CONTACT.
You may contact us throughour Platformor the email address given below: Email: info@hustlehawks.com
THREE STRIKE POLICY
29 INTRODUCTION
Thank you for choosing HustleHawks (U.S.A) Inc. (“we,” “us,” “our”). This Three Strike Policy (“Agreement”) specifies the grounds of application of this Agreement as well as the repercussions that may follow upon issuance of a strike. You the users (“you,” “your”) of the HustleHawks platform (“Platform”) hereby agree to be bound by the terms of this Agreement. Please read this Agreement carefully to avoid getting a strike and, to know about the remedies that may be available to you upon getting a strike.
30 WHAT IS A STRIKE
A strike may be issued by us to you as a warning (with or without consequences) for non-compliance of the any of our terms including without limits our Terms and Conditions, Privacy Policy, Customer Protection Plan, Code of Conduct and other terms we make available on the Platform from time to time (collectively “Terms”). A strike may also be issued in accordance with the grounds mentioned in this Agreement.
Notwithstanding the foregoing, the application of this Agreement is not mandatory. This Agreement shall apply solely when non-compliance of the Terms is not material in nature in our sole discretion. In the event we find that there is a material breach of our Terms, we may limit and/or permanently terminate your access to the Platform at any time. We may also cancel and delete your user account on the Platform.
31 HOW A STRIKE IS ISSUED
A strike may be issued by us through appropriate means including without limits, email, phone, and Platform notifications on your device.
Through the strike(s) issued by us, we may inform you of the following:
a) That you have received a strike along with how many strikes have been accumulated.
- The reason why you have been issued a strike.
- The consequences that will ensue.
- What you can do next.
32 EXAMPLE GROUNDS FOR ISSUANCE OF STRIKES (THIS LIST IS NOT INTENDED TO BE ALL INCLUSIVE)
- Non-performance of your obligation under the Terms.
- Failure to provide your services to other users and such failure to perform is reported by such user to us.
- Cancelling a task with insufficient notice to another user
- Being significantly late for a task/job without reasonable explanation as judged/determined by us.
- Being discourteous to other users or to us.
- Falsifying your profile information.
- Hustlers haggling with Hawks for better prices on posted tasks/jobs.
- Violating the law, such committing theft.
- Endangering the safety of self or other users. This includes the Violation of our 15 minute exit rule at Task/Job completion as specified in the Customer Protection Plan.
- Providing your services under the influence of substances whether regulated or not such as drugs or alcohol.
33 EXPIRATION OF STRIKES
Please note that each strike issued by us expires or resets after a period of 180 days. We may also choose to remove a strike in our sole discretion upon an investigation of your appeal.
34 APPEALS
We understand that mistakes happen and sometimes you unknowingly might violate our Terms. This is why we choose to keep the first strike as a warning without any consequences. Please note that you will only be warned once and consequences may ensue when we give you a second and third strike.
You may appeal our decision at incident@hustlehawks.com in case you think that that we have made a mistake in issuing a strike.
35 FIRST STRIKE
When you receive a strike for the first time, there are no consequences. The first strike is a notice to let you know that you are in violation of our Terms.
Notwithstanding the foregoing, we may choose to take action against you if we determine upon investigation that the violation of the Terms was done intentionally.
The first strike will subsist for a period of 180 days commencing from the date of issue of the first strike.
36 SECOND STRIKE
If you accumulate two strikes, there may be consequences such as limiting your access to the Platform and our services and temporarily banning your user account for a specific period of time which shall be not more than 90 days. Your privileges will be restored automatically by us after the suspension ends.
The second strike will subsist for a period of 180 days commencing from the date of issue of the second strike.
37 THIRD STRIKE
In the event you accumulate three strikes, we may choose to impose a permanent ban on your user account. As a consequence, you may also not be able to access and use the Platform and its services.
Notwithstanding anything in this Agreement, the third strike shall continue indefinitely unless reinstated at the sole discretion of the HustleHawks administration.
38 HOW TO AVOID GETTING A STRIKE
We want you to be able to use the Platform, so please:
- Read our Terms and Conditions, Privacy Policy, Customer Protection Plan, Code of Conduct, and other terms we make available on the Platform from time to time.
- If you think that we issued a strike by mistake, you can appeal our decision by contacting us at [incident@hustlehawks.com].
39 SEVERABILITY
If one or more provisions of this Agreement is found to be unlawful, void, or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
40 MODIFICATIONS
We shall have the right to make modifications or replace any of the terms, of this Agreement We may do so by sending you a notice via e-mail, via the Platform, or by any other means of communication. We reserve the right to impose limits on certain features and Platform. We endeavour to try and provide notice of modifications to this Agreement. However, you also agree that it is also your responsibility to make reasonable efforts to be aware of such modifications.
When you continue to use the Platform after notification of any modifications to the Agreement, it shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Platform going forward. Your use of the Platform is subject to the Terms in effect at the time of such use.
CUSTOMER PROTECTION PLAN
This Customer Protection Plan (“Agreement”) lays down the manner, regulations and other the terms vis à vis your access and use of the HustleHawks platform (the HustleHawks Platform and services provided through it by us shall be referred collectively to as “Platform” unless specified otherwise) operated by HustleHawks Inc (“we”, “us”, “our”). You, the users of the Platform who provide services (“Hustlers”) to other users who engage the services of the Hustlers (“Hawks”) (collectively“user(s)”, “you”, “your”) acknowledge and agree that you have read and understood the terms of this Agreement. Hustlers covenant to provide services to Hawks in accordance with the terms of this Agreement in addition to our Terms and Conditions, Privacy Policy, Code of Conduct, Three Strike Policy, and other terms we make available on the Platform from time to time (collectively “Terms”). In the event, the terms of this Agreement conflict with the terms mentioned in our Terms and Conditions, the terms of this Agreement shall prevail.
All users of the Platform are requested to read the terms of this Agreement prior to using the Platform. If you do not agree with the terms mentioned in this Agreement or our Terms, please do not use our Platform.
41 MODIFICATIONS
We shall have the right to make modifications or replace any of the terms, of this Agreement. We may do so by sending you a notice via e-mail, via the Platform, or update via our Platform at www.hustlehawks.com or by any other means of communication. We reserve the right to impose limits on certain features and Platform. We endeavour to try and provide notice of modifications to this Agreement. However, you also agree that it is also your responsibility to make reasonable efforts to be aware of such modifications.
When you continue to use the Platform after notification of any modifications to the Agreement shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Platform going forward. Your use of the Platform is subject to the Terms in effect at the time of such use.
42 COVID-19 PROTECTION
The Hustlers are mandatorily required and shall wear personal protective equipment, also known as PPE while providing their services to the Hawks during the COVID-19 pandemic or after the pandemic ends if requested by the Hawk. The Hawks are to make sure that the Hustlers are wearing their PPE properly.
42.1 It shall be the duty of the Hawks to make sure that the Hustlers are informed beforehand in the event that Hawks have any apprehensions that they may have any symptoms or doubts with respect to their health status.
42.2 In the event that the users have any apprehension with respect to the health status of the other users, please do not engage the services of the other users and inform us of the same so that we may investigate the case and provide remedies as applicable.
42.3 COVID-19 certifications are also strongly encouraged and should be as complete as possible. These will be reviewed by Hawks. More certifications are expected to result in more Jobs for the Hustlers.
43 EXIT AFTER TASK COMPLETION
43.1 It is required that the Hustlers exit the premises of the Hawks in not more than 15 minutes after the service has been completed and the status of the job for which the Hustler was engaged is “Ended” by the Hawks, or the completion of the expected duration if no extensions, or after completion of final task/job extension through the Platform. Hustlers will be notified by a “Thank You” screen reminding the Hustler to leave the job location within 15 minutes as part of our safety protocol.
43.2 In the event that a Hawk is of the opinion that due to extenuating circumstances, it would be impossible for the Hustler to leave the premises of the Hawks within 15 minutes or less, they should extend the duration of the task so that the Hustler may be given a buffer time to exit the premises of the Hawks.
43.3 In the event that a Hawk accidentally “Ended” a task early prior to its completion, please inform us immediately through the Platform at “Help” section on the bottom of the Hawk profile screen or at support@hustlehawks.com so that we may provide appropriate remedies to you.
44 NO EXIT CONSEQUENCE
44.1 In the event that a Hustler does not or is not able to exit the premises of the Hawks for any reason, the emergency contact as provided to us by the users shall be informed of the incident through means such as mobile text and/or email notifications through the Platform so that the emergency contact may reach out to the concerned users and inform the appropriate authorities if required.
44.2 Therefore, we request the users to take the utmost care in adhering to the terms of this Agreement as well as our Terms prior to engaging the services of the Hustlers or providing services to Hawks (as applicable).
44.3 If upon investigation, it is found that a Hustler did not exit the premises of a Hawk for improper or unlawful reasons, we may, in our discretion issue a strike to such users as applicable. We may also choose to permanently ban such users from the Platform without providing any strikes depending upon the gravity of the offence or omission by such users.
44.4 The users should contact the appropriate authorities if they find themselves unable to inform us of the instances mentioned in this Section 4.
45 MEETING IN PUBLIC PLACES
45.1 The users of the Platform can meet each other in public places in the event that they are unsure about each other or have apprehension for their safety. There is a “Meet Up” task designed specifically for this purpose to ensure the safety of both Hawks and Hustlers and users are strongly recommended to use this “Meet Up” task as an inexpensive and easy way to build a comfort level of the user and the task/job in question.
45.2 Meeting other users in public places is recommended by us, but it is not mandatory to do so.
45.3 Please do not engage or use/provide services if you have any doubts.
46 NO LIABILITY
46.1 When the users request/provide services, they do so by entering into a separate agreement (“Relevant Agreement”). We are not a party to the Relevant Agreement.
46.2 In the event any dispute arises between the users, they shall try to resolve the dispute amicably between themselves. If the users are not able to resolve the dispute, they may inform us of the dispute.
46.3 We may in our sole discretion choose to resolve the dispute between the users. We may also choose to refer the users to any third-party dispute resolution bodies.
46.4 Please note that if we choose to resolve the dispute between the users, we will devise the methods and the process for the dispute resolution.
46.5 The users hereby through this reference agree not to make HustleHawks (U.S.A) Inc. a party in the Relevant Agreement. In the event that the users name us as a party in the Relevant Agreement, that Relevant Agreement shall stand null and void unless specified by us otherwise in writing.
47 BACKGROUND CHECK
47.1 We urge our users to pay heed to the “Background Check” check mark appended to certain user profiles. A profile having a “Background Check” check mark means that such user has submitted to a police check and submitted the police background check documents for your review and verification. Hawks are responsible for reviewing and satisfying themselves of the adequacy of the background check provided on the Platform. To be clear, we have not conducted a background check on such users. This simply means that Background Checked users have provided us with documents other than the basic minimum documents required at the time of signing up.
47.2 The Hustlers may choose but are not required to display such documents on the Platform through their respective profiles.
47.3 In the event, any dispute arises between a user with a Background Checked profile and other users, we shall not be held liable in any way in such dispute nor shall we be made a party to such dispute between the users.
47.4 We may choose to resolve such dispute between the users in our sole discretion.
47.5 Hustlers are strongly encouraged to perform background checks on themselves and submit the results to the Platform for Hawks to review. Hustlers who have been background checked are preferred by Hawks and receive more Jobs.
48 NO WAVIER
Our failure to enforce any part of this Agreement shall not constitute a waiver of our right to later enforce that or any other part of this Agreement. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
49 INTERPRETATION
The headers are provided only to make this Agreement easier to read and understand.
50 CONTACT US
If you have any questions or queries regarding this Agreement, you may contact us through our Platform or the email address given below:
Email: info@hustlehawks.com
CODE OF CONDUCT
Thank you for choosing HustleHawks (U.S.A) Inc. (“we”, “us”, “our”). Being a part of the HustleHawks community means behaving with honesty, respect and kindness to fellow users.
All users (“user”, “you”, “your”) including Hustlers, Hawks, Influencers, Visitors and other users of the HustleHawks Platform are required to follow the terms of this Code of Conduct (“Agreement”).
You hereby agree to the following terms as follows:
51 BE COURTEOUS
You agree to be courteous and respectful of others. You shall not use words or share content which may be inflammatory or offensive.
We strictly prohibit unlawful discrimination or harassment on the basis of race, color, religion, veteran status, national origin, ancestry, pregnancy status, sex, gender identity or expression, age, marital status, mental or physical disability, medical condition, sexual orientation, or any other characteristics protected by law.
Communicating online through text can lead to misunderstandings, so it is important to give other people the benefit of the doubt and be kind in your interactions: sometimes it’s difficult to know or fully appreciate the situation of the person you are communicating with.
52 HARASSMENT, DISCRIMINATION, AND BULLYING
We strictly prohibit discrimination, harassment and other forms of bullying including without limits verbal, physical, or visual. If you believe that you are being bullied by anyone, whether by other users or by HustleHawks personnel, we recommend you to immediately report the incident to us using the contact information given below or contact the appropriate authorities. We will take action against such persons at our sole discretion.
53 DRUGS AND ALCOHOL
We do not permit the users to interact, meet and carry out services while under the influence of any substances including prohibited or regulated substances and alcohol. Use of drugs and alcohol results in impaired judgement and performance. If you suspect that anyone you come in contact through the HustleHawks Platform is under influence of any substance or alcohol, please reach out to us immediately upon such discovery or contact the appropriate authorities.
54 IMPROPER PAYMENTS
We request all users to make appropriate payments solely through the HustleHawks Platform. Please do not make any payments outside of the HustleHawks Platform in any form. We will not be liable if any dispute arises or any harm is caused to any users in such cases.
55 THREAT OF BODILY HARM
We do not permit users under any circumstances to send threats of bodily harm, whether through the Platform (if applicable) or otherwise via any method including, phone, email etc. Upon our discovery of such an event, we may terminate and permanently ban the user Accounts of such users.
56 USE OF ANY PHYSICAL FORCE AGAINST HUSTLEHAWKS PERSONNEL AND OTHER USERS
No person shall subject the directors, employees, affiliates, agents, representatives or subcontractors of HustleHawks and other users of the HustleHawks Platform to any physical harassment, intimidation, threats, coercion, confinement or use of criminal force, during the course of their business or in connection with the business. Any such act would lead to the consequences mentioned in Section 10 of this Agreement. This shall be in addition to and without prejudice to all our additional legal remedies.
57 COMPLIANCE WITH THE LAW
You are law-abiding and do not participate in, condone or encourage unlawful or potentially harmful activity.
This includes threatening or encouraging suicide or self-harm, as well as breach of copyright, defamation, or contempt of court.
58 MISUSE OF THE PLATFORM
You shall not use the Platform in a way which may be considered a misuse of the services provided by us through the Platform. Please contact us using the information given below if you discover any user misusing the Platform. In such event, we will investigate your report and take appropriate action in our sole discretion in accordance with Section 10 of this Agreement.
59 TAKING ACTION
We continually strive to improve our services. If you feel that the services provided to you by us or the Hustlers is inadequate, please inform us using the contact information given below.
60 EFFECTS OF VIOLATION OF THIS AGREEMENT
Violations of this Agreement may result in a range of actions, including:
60.1 Limits on account privileges
60.2 Account suspension
60.3 Cancellation of listing
60.4 Account Cancellation
60.5 Permanent ban on the access and use of the Platform.
The actions in this Section shall be in addition to and without prejudice to all our additional legal remedies.
61 NON-DISPARAGEMENT
The users shall not make any false, negative, critical or disparaging statements, implied or expressed about HustleHawks, including, but not limited to, management style, methods of doing business, the quality of services, role in the community, or treatment of employees. The users further agree to do nothing that would damage our reputation or good will;
62 PETS
If you have pets or other service animals, please inform other users prior to engaging the services through HustleHawks.
63 No SPAMMING
This Platform’s spam policy applies only to unsolicited commercial messages sent you. You are not allowed to send spam messages to other Users.
64 REPORTING SPAM
You will help us by reporting comments that you believe have violated this Agreement.
You can report a comment by clicking on “Report” button on the User Profile of the spammer. You can also report spam by sending us an email at: incident@hustlehawks.com
65 CLAIMS OF COPYRIGHT INFRINGEMENT
Claims of copyright infringements can be sent to incident@hustlehawks.com
66 SEVERABILITY
If one or more provisions of this Agreement is found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
67 CONTACT
Please reach out to us at:
E-mail: info@hustlehawks.com