Privacy Policy & Terms of Services

1.0 Introduction

Workgital is a platform (or SaaS) where a diverse online community made up of employers and Talents are connected for the purpose of fulfilling needs.

Please read the Terms of Service carefully before you start to use the Site. By accessing the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy. If you do not agree to these Site Terms of Use, you may not visit, use, or access the Site or Site Services as a Site Visitor, User or otherwise and may not click to accept the Terms of Service when prompted on the Site. Workgital reserves the right to decline a registration to join Workgital or to add an Account of any type (i.e., as a Client or Talent), for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.

If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company. Your privacy is important to Workgital and your information will be handled in accordance with our Privacy Policy, which is part of the Terms of Service, and applicable law.

We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.

1.1 Overview

The Website is an online venue where Users buy and sell Services. Buyers and Sellers must register for an Account in order to buy or sell Seller Services and/or items. The Website enables Users to work together online to complete and pay for Projects, buy and sell items and to use the services that we provide. We are not a party to any contractual agreements between Buyer and Seller in the online venue, we merely facilitate connections between the parties.

We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.

1.1.0 Information We Collect

When you register to the Site, or use it as collaborator, and/or complete forms, and/or register to our affiliate or influencer or similar program, we ask you to provide certain personal information, including a valid email address, Facebook, Twitter, LinkedIn or google account log in details and username. We may ask you to provide or otherwise collect additional information that you provide us, such as, your profile details, physical address, telephone number or other contact details, financial information (such as payment method and credit card number), details about other social networks linked accounts, details about your listed gigs, purchases, education, profession and expertise, and additional authentication information (such as your government issued ID, passport, or driving license, as permitted by applicable laws and as detailed in our Seller Help Center at “Verifying Your Identity”).

In addition, we collect information while you access, browse, view or otherwise use the Site. In other words, when you access the Site we are aware of your usage of the Site, and gather, collect and record the information relating to such usage, including geo-location information, IP address, device and connection information, browser information and web-log information, and all communications recorded by Users through the Site. We use that information to enhance user experience, personalize your browsing experience as well as monitor the Site for preventing fraud and inappropriate content or behaviour. We also collect supplemental information obtained from third parties such as demographic and navigation data, if applicable.

Once you register, your username and additional information regarding your activity is made public and is visible to all Users of the Site. This information includes photos you upload, your published portfolio, Gig information, ratings, and additional information you may choose to add to your profile.

1.1.1 How do we collect Information?

You directly provide us with most of the information we collect. You do this by filling out the registration details on the Site, linking to your Workgital account, accounts of other social networks (please also see the External Links section below), completing application forms, skill tests and customer surveys (if any) as well as by posting and sharing additional information voluntarily. This can include information about sellers and their Gigs, User's location, education and profession, sharing of portfolio, ratings and feedback by buyers and anything you choose to add to your user profile.

We also collect technical information indirectly and automatically through our systems. This information includes logging your Internet Protocol (IP) address, software configuration, operating system and use of cookies (cookies are small files sent from us to your computer and sometimes back). Cookies ultimately help us improve your navigation and ease of use of our Site. You can find further information about Cookies in this Policy below, under "Cookies".

We also collect information from third party vendors and/or partners and/or other commercially available sources such as data aggregators and public databases, who provide us data to supplement the information we collect about you, in accordance with applicable laws. For example, we may receive fraud warnings from service providers for our fraud prevention and risk assessment efforts.

If you link, connect, or login to your Workgital Account with a third-party service (e.g. Google, Facebook, LinkedIn), we receive certain information, such as your registration and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.

We also receive certain information about you, if you are invited to Workgital by another user (for example, as part of our collaboration tools and referral program), in such case we will receive limited information, such as your email address or other contact information, and we will use it for the same purpose it was provided and in accordance with the terms of this Privacy Policy.

1.1.2 How do we use the Information collected?

Where relevant under applicable laws, all processing of your personal information will be justified by a "condition" for processing. In the majority of cases, processing will be justified on the basis that:

• you have provided your consent for us to use your personal information for a specific purpose;
• our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you (e.g. to provide you with services which you have purchased);
• the processing is necessary to comply with a relevant legal obligation or regulatory obligation that we have (e.g. fraud prevention); or
• the processing is necessary to support our legitimate interests as a business (e.g. to improve our services to you), subject to your interests and fundamental rights and provided it is conducted at all times in a way that is proportionate.

We will use your personal information for the following purposes:

• to provide you with quality service and security, to operate the Site and to perform our obligations to you. For example, we use the information collected from you to verify your identity. We also use this information to establish and set up your account, verify or re-issue a password, log your activity, enable your communications with other members, provide customer support and contact you from time to time. The information helps us develop and improve our services to you and customize and personalize your experience (including by making gig suggestions, ranking search results, etc.).
• to ensure marketplace integrity, prevent fraud and maintain a safe and secure marketplace. For example, we use your information to track and prevent fraudulent activities and other inappropriate activities and monitor content integrity, conduct security investigations and risk assessments, verify or authenticate information provided by you, enforce our Terms of Service and comply with applicable laws. We conduct certain behavioural analytics to achieve the above objectives and in limited cases, if we detect activity that we think poses a risk to the Workgital marketplace, other users, our community, or third parties, automated processes may restrict or limit your ability to use Workgital. If you would like to challenge any such decision, please contact us at info@workgital.com.
• to contact you, as requested by you or otherwise approved by you.
• o promote and advertise the Workgital Site and marketplace. For example, we use the information collected from you for the purpose of sending direct marketing messages (as detailed below), to show you information that may be of interest to you, to organize and facilitate referral programs, contests or other promotional activities or events.
• to maintain appropriate business records, to comply with lawful requests by public authorities and to comply with applicable laws and regulations or as otherwise required by law.

We will ask for your consent before using information for a purpose other than those set out in this Policy.

Direct marketing:

• We use your personal information to send you direct marketing communications about our products, services or promotions from Workgital that may be of interest to you or our related services. This may be via email, post, SMS, telephone or targeted online advertisements.
• In most cases our processing of your personal information for marketing purposes is based on our legitimate interest, although some cases (such as where required by law) will be based on your consent. You have a right to prevent direct marketing of any form at any time - this can be exercised by following the opt-out link attached to each communication or by sending an email to unsubscribe@workgital.com.
• We take steps to limit direct marketing to a reasonable and proportionate level, and to send you communications which we believe may be of interest or relevance to you, based on the information we have about you.

1.2 Eligibility

You will not use the Website if you:

1. are not able to form legally binding contracts;
2. are under the age of 16;
3. a person barred from receiving and rendering services under the laws of any African country or other applicable jurisdiction;
4. are suspended from using the Website; or
5. do not hold a valid email address.

All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.

Subject to your local laws, a person over 13 but under 16 can use an adult's account with the permission of the account holder. However, the account holder is responsible for all actions taken by the account, without limitation.

Users may provide a business name or a company name, which is associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.

A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account which pays corporate subscriptions.

We may, at our absolute discretion, refuse to register any person or entity as a user?.

You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service.

2.0 Funds & Revenues

2.1 Funds

You may have positive funds in your Account if you have prepaid for fees or charges or for services to be provided to you via the Website. If you are a Seller, you may have positive funds if you have successfully completed a Project, or sold an item, and funds have been released to you. There are also circumstances where funds may have been credited to your Account in relation to an affiliate program or a referral program.

Funds in your Account are held by us in our operating accounts held with financial institutions. Funds in your Account are not held separately by us, and may be commingled with our general operating funds, and/or funds of other User's Accounts.

You are not entitled to any interest, or other earnings for funds that are in your Account.

We may receive interest on funds held by us in our operating accounts from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.

If your Account has negative funds, we may:

1. set-off the negative amount with funds that you subsequently receive into your Account;
2. if you have funds in multiple currencies in your Account and one of the currencies becomes negative for any reason, we may set-off the negative amount against funds you maintain in a different currency (at an exchange rate applied by us);
3. reverse payments you have made from your Account to other User Accounts on the Website;
4. deduct amounts you owe us from money you subsequently add or receive into your Account; or
5. immediately suspend or limit your Account until such time as your Account no longer has a negative amount.

In the event that we offset a negative amount of funds pursuant to this section, it may be bundled with another debit coming out of your Account.

We reserve the right to collect any funds owed to us by any other legal means.

You acknowledge and agree that:

1. we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;
2. the funds shown in your Account represents our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the purchase and sale of Seller Services through the Website and provision of the Talent Services;
3. we are not acting as a trustee or fiduciary with respect to such funds or payments;
4. the amount of funds showing in your Account is not insured and is not a guaranteed deposit;
5. funds may only be loaded into your Account, or released from your Account, by us and you must only use the mechanisms available on the Website to pay for, or receive funds in respect of Seller Services;
6. any refunds required to be processed in your favour will be returned only to the source of the original deposit, and cannot be redirected to any other payment source;
7. we will hold funds in respect of the amount of your Account in an account held by us with a financial institution (or in any manner that we decide in our sole discretion from time to time) and such funds are not segregated into a separate account; and
8. we may commingle your funds with funds of other Users and our own funds and such commingled funds could be used to pay other Users or for our general corporate purposes or otherwise, however, we will remain obliged to release or refund funds at your direction in accordance with this User Agreement.

2.2 Limits & Fraud Prevention

We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.

If we become aware that any funds received into an Account from another Account as a result of a fraudulent transaction, this will be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds.

We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:

1. we believe there may be an unacceptable level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback;
2. we believe that the beneficiary of the payment is someone other than you;
3. we believe that the payment is being made to a country where we do not offer our Service; or
4. we are required to do so by law or applicable law enforcement agencies.

If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favour, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favour, we may remove the funds from your Account. We may also place a limit on your account in circumstances where we suspect you of fraudulent or other unacceptable behaviour, while we investigate any such matter.

2.3 Refunds

You may ask for a refund at any time for any funds that you have paid into your Account except if the amount to refund relates to a Milestone Payment subject or relates to fees or charges payable to us.

If we agree to the refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us.

We may refund funds to Users irrespective of whether a User has requested funds be refunded if: (1) we are required by law or consider that we are required by law to do so; (2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs; (3) we refund funds to the User in accordance with any refund policy specified by us from time to time; (4) we find out that the original payment made by the User is fraudulent; (5) the User made a duplicate payment in error; or (6) we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.

You can request a refund by using our customer support website or emailing us at support@workgital.com. Once you have made a Milestone Payment you expressly agree to use the dispute resolution process in this agreement, expressly agree to be bound by its ruling and expressly agree not to initiate any chargeback request with your card issuer.

If you initiate any chargeback request or other "Request for Information" or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.

If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.

If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.

2.4 Withdrawals

Your first withdrawal of funds earned may be delayed for up to fifteen days for security and fraud purposes.

Subsequent withdrawals may be delayed for up to fifteen days where our fraud prevention policies require a delay.

We may impose a minimum withdrawal amount for funds earned. The maximum you can withdraw per month is N200,000 unless otherwise specifically agreed with support.

We may require you to be Workgital Verified before you can withdraw funds from your Account, irrespective of whether or not a delay has been enforced.

2.5 Chargebacks

A chargeback (being a challenge to a payment that a User files with their card issuer or financial institution), and any subsequent reversal instruction, is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow such instructions.

You acknowledge and agree that we will be entitled to recover any chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Buyers through the Website, as well as any processing or any other fees whatsoever incurred by us on those chargebacks and reversals.

You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your payment product issuer or third parties (such as payment processors). If you initiate any chargeback request or other "Request for Information" or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.

3.0 Workgital's Intellectual Property

It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via our Website and we will investigate.

3.1 Permitted Site Uses

Workgital offers the Site and Site Services for your business purposes only and not for personal, household, or consumer use. Workgital makes the Site and Site Services available for Users to find one another, enter into service relationships, make and receive payments, receive and provide Freelance Services. In addition, certain Visitor Site Services, such as the Workgital Blog and Hiring Headquarters, provide, and may be used to obtain, general information and articles that we believe may be of interest to Site Visitors and Users. While we try to ensure that any information, we post is both timely and accurate, errors may appear from time to time. We do not make any representations or warranties with respect to any information that is posted on the Site by us or anyone else. In no event should any content be relied on or construed as tax or legal advice or otherwise. You should independently verify the accuracy of any content.

3.2 Prohibited Site Uses

You may not use, or encourage, promote, facilitate, instruct or induce others to use, the Site or Site Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.

3.3 Examples of Prohibited Uses of the Site

The following are examples of uses that are prohibited on the Site or when using the Site Services:

• Seeking, offering, promoting, or endorsing and services, content, or activities that:
  • are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature;
  • would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or website;
  • would violate (a) Workgital's Terms of Service, (b) the terms of service of another website or any similar contractual obligations, or (c) the academic policies of any educational institution;
  • regard the creation, publication, or distribution of “fake news”, “hoax news”, Deep Fake content or similar content, which is, in Workgital's sole discretion, determined to be intended to mislead recipients for personal, financial, political or other gain or advantage;
  • regard or promote in any way any escort services, prostitution, or sexual acts; or
  • are harassing toward another person based on the person's inclusion in a protected class as defined by applicable law;
• Fraudulent or misleading uses or content, including:
  • fraudulently billing or attempting to fraudulently bill any Client, including by (i) falsifying or manipulating or attempting to falsify or manipulate the hours, keystrokes, or mouse clicks recorded in the Workgital App, (ii) reporting, recording, or otherwise billing Clients for time that was not actually worked, or (iii) reporting, recording, or otherwise billing hours worked by another person as hours worked by you in a way that is misleading or false;
  • misrepresenting your experience, skills, or information, including by representing another person's profile, or parts of another person's profile, as your own;
  • using a profile photo that misrepresents your identity or represents you as someone else;
  • impersonating any person or entity, including, but not limited to, a representative, forum leader, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • falsely stating or implying a relationship with another User, including an Agency continuing to use a Talent's profile or information after the Talent no longer works with the Agency;
  • falsely attributing statements to any Workgital representative, forum leader, guide or host;
  • falsely stating or implying a relationship with Workgital or with another company with whom you do not have a relationship;
  • allowing another person to use your account, which is misleading to other Users; or
  • falsely stating that one Talent will perform the work on a job when another will in fact perform the work, including submitting a proposal on behalf of a Talent that is unable, unwilling, or unavailable to do the work;
• Expressing an unlawful preference in a job post or proposal or otherwise unlawfully discriminating on a protected basis;
• Posting identifying information concerning another person;
• Spamming other Users with proposals or invitations, including by making unsolicited contact of Users off the platform, or by posting the same job multiple times so that more than one version remains active at a given time;
• Making or demanding bribes or other payments without the intention of providing services in exchange for the payment;
• Requesting or demanding free services, including requesting Talents to submit work as part of the proposal process for very little or no money or posting contests in which Talents submit work with no or very little pay, and only the winning submission is paid the full amount;
• Requesting a fee before allowing a User to submit a proposal;
• Attempting to or actually manipulating or misusing the feedback system, including by:
  • withholding payment or Work Product or engaging in any other conduct for the purpose of obtaining positive feedback from another User;
  • attempting to coerce another User by threatening to give negative feedback;
  • expressing views unrelated to the work, such as political, religious, or social commentary, in the feedback system;
  • providing anything of value to any person (including to a third-party who provides assistance in obtaining feedback) or using any service of any type in order to obtain feedback; or
  • offering services for the sole purpose of obtaining positive feedback of any kind;
• Duplicating or sharing accounts;
• Selling, trading, or giving an account to another person without Workgital's consent;
• Sharing or soliciting Means of Direct Contact with or from another User either directly through messages or by including Means of Direct Contact in a job post, profile, proposal or other User Content prior to entering into a Service Contract with such User, except as expressly allowed for Enterprise Clients;
• Directly or indirectly, advertising or promoting another website, product, or service or soliciting other Users for other websites, products, or services, including advertising on Workgital to recruit Talents and/or Clients to join an Agency or another website or company;
• Interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site, including by:
  • bypassing any measures, we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;
  • attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
  • using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
  • attempting to or interfering with or compromising the system integrity or security or deciphering any transmissions to or from the servers running the Site;
  • collecting or harvesting any personally identifiable information, including Account names, from the Site;
  • attempting to or imposing an unreasonable or disproportionately large load (as determined in Workgital's sole discretion) on the Site's infrastructure; Introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any software, firmware, hardware, computer system, or network of Workgital or any third party;
  • accessing or attempting to access the Site or Site Services by any means or technology other than the interface provided; or
  • framing or linking to the Site or Site Services except as permitted in writing by Workgital.
• Conduct or actions that could jeopardize the integrity of or circumvent the Site, Site Services or Workgital's proprietary information, including:
  • attempting to or actually reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, interfering with the operation of, or otherwise attempting to derive source code from any part of the Site or Site Services unless expressly permitted by applicable law or Workgital; or
  • accessing or using the Site or Site Services to build a similar service or application, identify or solicit Workgital Users, or publish any performance or any benchmark test or analysis relating to the Site.

3.4 Enforcement

We reserve the right, but do not assume the obligation, to investigate any potential violation of this Section 4 or any other potential violation of these Site Terms of Use and to remove, disable access to, or modify any content on the Site. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Use or the User Agreement.

3.5 Reporting and Correcting Violation

If you become aware of any violation of these Site Terms or Use, you must immediately report it to Customer Service. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these Site Terms of Use.

4.0 Definition of Terms

"Account" means the account associated with your email address.

“Member” a registered user of this site

“Visitor” unregistered user

"Buyer" means a User that purchases Seller Services or items from Sellers or identifies a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.

“Client” User in need of a service provider(s) and who hires them, which could be an individual or organization.

“Talent” means any individual or business who registers on the site and has the digital skills to perform at least one of the service categories.

“Project” means task/job/work or any activities that need to be done by a service provider(s).

“Gigs” are services offered on Workgital.

“Deal Page” is where the Service provider can describe their deal and the deal's terms, and the Client can purchase the deal and create an order.

“Workgital” also refers to as "us", "we", "our" and "ours".

“Requests” are requests made by a Client to receive a Custom Offer from a Service provider.

“Orders” are the formal agreement between a Client and Service provider after a purchase was made from the Service provider's deal.

“Inbox” is where Clients and Service providers communicate with each other about an ordered service.

“Wallet” is the money Service providers earn from completed orders.

“Custom Offers” are exclusive proposals that a Service provider can create in response to specific requirements of a Client.

“Disputes” are disagreements experienced during an order between a Client and Service provider.

"Dispute Resolution Process" means the process to be followed by Buyers and Sellers in accordance with the Dispute Resolution Services.

"Talent Verified" Users have been satisfactorily verified under the Know your Customer and Identity Verification Policy.

"Inactive Account" means a User Account that has not been logged into for a 6-month period, or other period determined by us from time to time.

"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.

"Local Job" or "Local Jobs" means a service we provide to match a Buyer with a Seller in relation to the provision of location specific services.

"Seller" means a User that offers and provides services or identifies as a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.

"Seller Services" means all services provided by a Seller.

"Talent Services" means all services provided by us to you.

"User", "you" or "your" means an individual who visits or uses the Website, including via the API.

"User Contract" means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the Seller and Buyer uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; (4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (5) any other material incorporated by reference from time to time.

"Website" means the Websites operated by Talent and available at: Workgital.com and any of its regional or other domains or properties, and any related Talent service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.