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Last changed on 19/08/2021

General Terms and Conditions of KORK - Client

Preamble

KORK Tech AG, a Swiss limited liability company based at Forchstrasse 192, 8704 Herrliberg, CHE-487.889.476 (hereinafter referred to as operator or we) operates a mobile application called “Kork” (hereinafter referred to as Kork-App, Kork or die Kork platform), on which customers (hereinafter referred to as customer (s) or you) request the completion of a specific task (hereinafter referred to as task (s)) and such tasks to independent contractors (hereinafter referred to as contractors) can assign (both parties together hereinafter referred to as the parties) who, as independent contractual partners, can take on the fulfillment of tasks for customers.

The following provisions are the general terms and conditions (hereinafter referred to as the Conditions) which (i) your use of the Kork platform and (ii) regulate the conditions under which you can conclude contracts with contractors via the Kork platform. By accepting these conditions, you conclude a binding contract with the operator (hereinafter also referred to as contract) and agree to be bound by this contract.

1. . Customer onboarding and use of the Kork platform

1.1. The use of the Kork platform by the customer requires a one-time registration. In this registration process, you will be asked to provide your contact and identification data as well as payment-related data, which will be checked. After your data has been approved, you will receive your own customer account and will be asked to enter a password to manage your customer account. You must provide all contact and identification information required by the operator, and your information must be correct and complete. You are also obliged to update your data as soon as it changes (e.g. new address or e-mail, etc.). If you do not notify us of such changes, you may not receive any notification from us and we will not be responsible for any damage and / or inconvenience caused. You must also always treat your passwords confidentially and not pass them on to third parties. If unauthorized third parties gain access to your customer account and use it to your disadvantage, we are not liable for any damage and / or inconvenience caused.

1.2. Accepting the terms is part of the registration process. By completing the registration and accepting the conditions, you conclude a binding contract with us about your use of the Kork platform. You may also have to accept the terms and conditions if you order one or more tasks that are to be carried out by one or more contractors of your choice (see “Ordering tasks on the Kork platform” below).

2. Order process tasks on the Kork platform

2.1. The customer can enter the task requested in the Kork app as precisely as possible in the available Kork app forms and (i) an estimated time to complete the specific task and (ii) state a maximum price he is willing to pay. The task is then published online on the Kork platform and made visible to all contractors connected to the Kork platform. The contractors can then take on the client’s task by (i) send a request to carry out the task and give the customer the opportunity to view their profile and references, (ii) specify an hourly rate at which they are willing to perform the task for the estimated time period on a time and material basis.

2.2. You should examine and decide which contractor to hire and confirm your decision in a timely manner as the contractors may withdraw their offers at any time or they may no longer be willing to fulfill their offers if you decide too late to hire them. As soon as you have accepted the offer of a specific contractor, the contractor will confirm its availability again (if it has not withdrawn) and you will then conclude a binding agreement with the contractor. All other contractors who have applied to perform your tasks will then be released from their obligations (explicit or implicit) to carry out the task for you. The agreed price owed to the contractor will then be debited from your credit card submitted in advance and kept in an escrow account of the operator until the task has been completed. After confirmation of the service (see below), the agreed price will be transferred to the account of the contractor.

2.3. As soon as the contractor arrives at the location of your choice, he can start a timer function in the Kork app (timer) and start carrying out his task. As soon as the task is completed, the contractor stops the timer, confirming to you and the operator of the Kork platform that he has completed the task. The platform Kork calculates the total price owed to the contractor and transfers the total price to the contractor’s account. The operator charges a commission fee of 20 percent (%), which is deducted by the operator from the total price that is transferred to the contractor.

2.4. You acknowledge and agree that the price originally agreed with the contractor for performing the task is not always entirely accurate (e.g. because your estimated time was too short or the task you defined in advance proves to be more complex than expected). Therefore, deviations of twenty percent (20%) more or less between the originally agreed price and the final price invoiced are possible. So if the customer needs more or less time to get the job done, they can continue working with the timer or stop working earlier and charge twenty percent (20%) more or less than the originally agreed price. However, you are free to cancel / cancel an ordered task if you feel that it has not been carried out as requested or if you change your mind, provided that you then have to pay for all efforts effectively accrued by the contractor. If the contractor uses a timer, the contractor must stop the timer and only bill for the efforts actually incurred up to this point in time. You can also contact us directly to cancel / cancel your ordered task at +41 787 814 506.

3. Responsibilities of the operator

3.1. The operator acts as an intermediary between the client (s) and the contractor (s). It offers customers and contractors access to the Kork platform and enables them to make direct agreements with one another on individually defined tasks. The operator is not a party to the contracts concluded between the customers and is not liable for the obligations arising from these contracts. The operator does not assume any representative functions for either party. Any declarations of intent with regard to the contracts concluded via the Kork platform are provided exclusively by the customer (s) and / or the contractor (s) via the Kork app in the available overlay fields.

3.2. The operator acts as an intermediary between the client (s) and the contractor (s). It offers customers and contractors access to the Kork platform and enables them to make direct agreements with one another on individually defined tasks. The operator is not a party to the contracts concluded between the customers and is not liable for the obligations arising from these contracts. The operator does not assume any representative functions for either party. Any declarations of intent with regard to the contracts concluded via the Kork platform are provided exclusively by the customer (s) and / or the contractor (s) via the Kork app in the available overlay fields.

3.3. The customer (s) and the contractor (s) are solely responsible for the content uploaded to their profile and / or exchanged with other participants via the Kork platform, as well as for the conclusion, validity and execution of all over the Kork platform concluded contracts. The operator assumes no responsibility in this regard. In particular, the operator assumes no liability for the satisfactory fulfillment of the contracts concluded via the Kork platform. The operator has no control over the ability of contractors to perform their tasks to the satisfaction of the customer and is not obliged to check the capabilities of contractors in advance. The operator offers a voluntary rating system in which customers of the Kork platform can publicly rate contractors (see later in section 7). These ratings are not an official confirmation of contractors by the operator, they merely reflect publicly exchanged opinions from customers. Any conclusions drawn from such reviews are at your own risk and we are not liable if these reviews do not meet your individual requirements.

3.4. If you have any complaints about the execution of a task by a contractor or any other concerns about your customer experience, please contact us using the “Contact Us” button in the Kork App menu[Menü-Abschnitt] or contact us at contact@kork.work. The operator will investigate your complaint and, as far as possible, provide appropriate assistance to the best of its ability.

3.5. The operator only makes the Kork app available “as is”, ie without the guarantee of constant technical availability at any time. You are aware that the operation of the Kork app also depends on your Internet connection and the respective offer that you have subscribed to from your telecommunications service provider. The operator is not liable for any defects or delays caused by your Internet connection or your subscription, and does not offer any telecommunications services. The operator also reserves the right to suspend the operation of the Kork platform during regular maintenance work, for the implementation of new functions or due to other technical requirements or even to temporarily suspend the operation of the Kork platform. The operator is also generally free to further develop and adapt technical features of the Kork app in the future without these conditions having to be changed.

4. . Customer Obligations

4.1. When using the Kork platform, the customer must adhere to the following obligations:

a) The use of the Kork platform is restricted to persons who can legally conclude and conclude contracts under applicable law. It is not intended for use by minors. You hereby confirm that you are of legal age and capable of acting.

b) The customer must maintain the confidentiality and security of his password for access to his customer account on the Kork platform and take appropriate measures to protect it from being used by unauthorized third parties. The customer may not allow other natural or legal persons to commission the execution of tasks by contractors using the customer account.

c) The customer must refrain from uploading or sharing content via the Kork platform that violates intellectual property rights or similar rights of third parties (e.g. data protection or personal rights) or could in any way harm third parties (e.g. offensive, pornographic or otherwise illegal Content included). The operator reserves the right, at the sole discretion of the operator, to remove offensive, uploaded content at any time and / or to temporarily block the display of this content, to suspend the customer’s access to the Kork platform and / or to terminate the contract with immediate effect .

d) The customer may only use the chat function provided on the Kork platform and the contractor’s contact details for the purpose of searching for and concluding contracts with the contractor and performing the task (s). Any other use of the chat function or the contact details received from the contractor (e.g. the transmission of advertising content to the contractor or general communication with the contractor without relevance to the execution of the tasks) is not permitted. The Kork platform is not a mail server and does not claim to offer general communication services. Any chat or mail functions are only of a supportive nature.

e) The customer may not use the Kork platform for purposes that are illegal or harmful to the operator or that could impair or damage the Kork platform (or a network connected to it) that would otherwise allow someone else to use the Kork platform Disrupt the party or otherwise reduce the integrity of the cork platform or one of its functions.

f) The customer may only employ contractors as independent contractors or representatives via the Kork platform (ie regulated in the sense of Art. 363 or 394 ff. of the Swiss Code of Obligations or similar types of contracts (with the exception of employment contracts). The customer may not seek and / or conclude any employment contracts with contractors via the Kork platform. The customer indemnifies the operator from all third-party claims (e.g. compensation, social security contributions or public fines, including reasonable legal fees) that third parties (be it private individuals or legal entities or public authorities) against the operator due to an alleged employment relationship between the customer and other contractors be levied, to compensate and hold harmless.

4.2. The customer indemnifies, defends and holds the operator (and his respective officers, directors, employees, directors, agents and representatives) harmless from all claims (damages and expenses including reasonable legal fees) made by contractors or other third parties due to a breach of obligations of the customer in accordance with these terms and conditions.

5. . Pricing and payment terms

5.1. The price agreed between you and the contractor will be debited in advance from your submitted credit card and kept in an escrow account until the task has been properly carried out and then forwarded to the account of the contractor. The operator charges a commission fee of 20 percent (%) of the final price agreed with the contractor (which is deducted from the final price passed on to the contractor).

5.2.. You acknowledge and agree that the price originally agreed with the contractor for completing the task may not always be completely correct (e.g. because your estimated time was too short or the task you defined in advance proves to be more complex than expected ). Therefore, deviations of twenty percent (20%) more or less between the originally agreed price and the final price invoiced are possible. So if the customer needs more or less time to get the job done, they can continue working with the timer or stop working earlier and charge twenty percent (20%) more or less than the originally agreed price. However, you are free to cancel / cancel an ordered task if you feel that it has not been carried out as you requested or if you change your mind, provided that you then have to pay for all efforts effectively accrued by the contractor (The contractor must then stop the schedule and only invoice the efforts that have actually accrued up to this point in time).

5.3. The client must ensure that the credit card details provided are up to date and that sufficient funds are available to cover the requested task. Otherwise, a payment transaction through the Kork platform will not be possible and you will not be able to receive the tasks performed by the contractor you have chosen.

5.4. The customer must ensure that the credit card details provided are up to date and have sufficient funds to cover the requested task. Otherwise, a payment transaction through the Kork platform will not be possible and you will not be able to receive the tasks performed by the contractor you have chosen.

6. Reviews

6.1 The Kork Platform provides mechanisms that allow customers to evaluate the performance of the contractors they have selected. For example, after completing a task, the customer receives a request to rate the performance of the contractor on a scale from 0 to 5 stars, which is available in the Kork app. The customer can do this voluntarily or choose not to rate a contractor. The customer agrees that the operator can collect the reviews provided by the customer in an anonymised and aggregated form and that the collected reviews can be published in an anonymised and aggregated form on the Kork platform and in the profile of the respective contractor.

6.2. Should you decide to publish an express review comment with the mention of your name (e.g. Peter Müller always cleaned my car as best as possible. I can definitely recommend him), then this will be published on the Kork platform and in the profile of the respective contractor, naming your specific Name and user profile published. If you do not want this, we ask you not to publish any express review comments.

6.3. The client undertakes to evaluate the contractor objectively and truthfully. Unnecessary offensive and defamatory reviews are prohibited. The operator can at his own discretion delete / add unnecessary offensive or defamatory reviews at any time.

6.4. The ratings do not represent the official approval of contractors by the operator, they merely reflect publicly exchanged opinions from customers. All conclusions that are drawn from such evaluations are made at your own risk and we are not liable if these evaluations do not meet your individual customer requirements.

7. Intellectual property

7.1. The operator is the owner of all intellectual property rights embodied in the Kork platform or in connection with it, in particular in the technology itself (program code and associated know-how) and in the website (design, look and feel) Logos and / or trademarks and all similar rights associated with and owned by the Kork platform. The operator retains all intellectual property rights embodied in the Kork platform or relating to the Kork platform, and nothing in this contract is to be understood as an assignment of rights to the customer. However, for the duration of this contract, the customer is granted a non-exclusive, royalty-free, non-sublicensable and non-transferable license to use these intellectual property rights to the extent necessary for the use of the Kork app, in particular for uploading tasks to the Kork platform and communication with other contractors.

7.2. The operator has no ownership rights to your submitted tasks or to the work results that arise when a contractor performs his task. However, you hereby grant the operator a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right, (i) use intellectual property rights in your submitted tasks or messages, (ii) Promote, market, and redistribute (and allow others to act on his behalf) any part or all of your submitted assignments in any media format and through any media channel, (iii) to take all other measures that are necessary to carry out and market the services of the Kork platform, (iii) allow contractors to download, view, present, distribute, collect, and otherwise use the assignments you submitted and related materials, as well as personal and biographical materials from you available on your user profile. The company has the right to delete, edit, modify, reformat, extract or translate your submitted materials if this proves necessary for the operation of the cork platform.

7.3. You hereby declare and guarantee (i) to be the legal owner of all intellectual property rights submitted in or exchanged with your materials for other participants through the Kork Platform, or to have obtained the necessary rights to submit and share such materials, and (ii) that no intellectual property rights in your materials infringe the intellectual property rights of any third party, and you indemnify the Operator from all third party claims (i.e., injunctive relief, damages and costs, including reasonable attorney fees) based on an alleged infringement of the intellectual property rights of a third party.

8. Disclaimer of Warranties

8.1 The operator hereby excludes any guarantee for the services provided by operating the platform Kork, insofar as this is possible under applicable law. The services are provided “as is” and at the customer’s own risk.

8.2. In particular, the operator excludes the following

a) any guarantee that the Kork platform (i) meets the needs and requirements of the client; (ii) is always technically available and safe, works flawlessly, is free of viruses or other things that could have a harmful effect on the technology; or (iii) contains certain features or functionalities requested by the customer (the operator can change and optimize the technology on which the Kork platform is based at any time without the customer’s consent);

b) any guarantee that (i) the customer can make agreements with a contractor of his choice and (ii) the contractors perform their tasks satisfactorily or in accordance with industry standards or are adapted / suitable in any way to the needs of the customer (the operator is not a party to these agreements); and

c) any guarantee that the information, content and materials submitted by contractors on the Kork platform are correct or truthful.

9. Limitation of Liability

9.1. The operator is only liable for damage that he himself caused through illegal intent or gross negligence. Liability for slight negligence – except for personal injury – is expressly excluded. As far as legally permissible, liability for auxiliary persons (e.g. employees or representatives) of the operator is excluded.

9.2. In no case is the operator liable (i) for consequential or indirect damage, loss of profit, loss of goodwill or reputation, (ii) loss of data and / or (iii) for bugs, viruses, Trojan horses or the like (regardless of the source of the origin) or (iv) for damage caused by content uploaded via the Kork platform or exchanged between customers and contractors.

10. Data protection

10.1. . The operator complies with all applicable data protection laws, in particular the Federal Data Protection Act (DSG) and / or other laws, if and to the extent that they are applicable.

10.2. In particular, the operator will collect, store and process all personal data received in a lawful and proportionate manner and will not pass them on to unauthorized third parties. Personal data are only passed on between the operator’s employees “as required”, and the operator’s employees are bound by confidentiality obligations to treat the data confidentially. The operator has appropriate technical and organizational measures to protect personal data from unauthorized access. All personal data is stored on servers in Switzerland. The operator can pass on your personal data to third party data processors (who act on our behalf), provided that the operator concludes formalized data processing agreements in accordance with the statutory provisions. If the operator is forced to transfer your data abroad, you are aware that your personal data may not be protected to the same extent in other countries as it is in Switzerland. In such cases, we will conclude data transfer agreements in accordance with the statutory provisions to ensure that recipients abroad comply with the same standards as in Switzerland.

10.3 Further details about the treatment of your personal data collected via the Kork platform can be found in our privacy policy at[DIREKTER LINK] .

11. Termination and Termination

11.1. The agreement is concluded for an indefinite period.

11.2. Either party may terminate the Agreement at any time in writing (ie, by mail or registered mail) with thirty (30) days’ notice.

11.3. The termination of the agreement does not release the customer from the payment of outstanding amounts (to the contractor and / or the operator) or from tasks agreed in advance with the contractors that are still open when the agreement is terminated.

11.4. The operator reserves the right to terminate the agreement with immediate effect at his own discretion due to misconduct on the part of the customer, as provided in these terms and conditions.

12. Changes

The operator can change the conditions from time to time. The currently valid version of the conditions is under MENU> Security accessible. The operator will notify such changes in advance by e-mail to the registered e-mail address of the customer. The lack of answers and / or the continued use of the Kork platform by the customer is deemed to be the customer’s consent to the changed conditions.

13. Applicable law and place of jurisdiction

13.1. This contract and its conditions are subject to the substantive law of Switzerland in all respects, regardless of any conflict-of-law rules, and will be interpreted and interpreted in accordance with it. The application of the Vienna Sales Convention is excluded.

13.2. All disputes arising out of or in connection with this agreement are subject to the exclusive jurisdiction of the courts of the city of Zurich, Switzerland.

14. Miscellaneous

14.1. No partnership: the parties are independent contractors. Consequently, under no circumstances should the provisions of this Agreement be construed as creating an association or partnership between the parties. Neither party may bind the other in any way or for the benefit of anybody except in accordance with this Agreement.

14.2. No Assignment: The rights and obligations under this Agreement may not be assigned, transferred, or licensed to any third party without the prior written consent of the other party, and such consent may not be unreasonably withheld or delayed.

14.3. Entire agreement: This contract represents the entire agreement between the customer and the operator regarding the use of the cork platform and replaces all previous agreements, whether in writing or orally, that relate to the subject matter of the contract.

14.4. No Waiver: Failure by either party to enforce any provision of this Agreement or any rights in relation to it will in no way constitute a waiver of any such provision or right and shall in no way affect the validity of this Agreement. Any waiver of any breach of this Agreement by either party shall not be construed as a waiver of earlier, simultaneous or subsequent breach thereof, and no waiver will be effective unless it is made in writing.

14.5. Announcements : The customer agrees that the operator may from time to time send e-mails relating to the Kork platform, unless otherwise provided in this agreement. The operator sends all communications related to the agreement to the email address provided in the customer’s profile, unless otherwise provided in this agreement. The customer can send messages to the operator via the Kork platform and / or the following email address to the operator: contact@kork.work

14.6. Severability clause : The invalidity of individual parts of the agreement does not affect the validity of the agreement as a whole. The customer and the operator agree that if any provision or part of a provision of the agreement is deemed invalid, ineffective or otherwise unenforceable under any circumstances, the agreement as a whole and the invalid or ineffective provision or part of a provision shall remain in effect is replaced by a provision that the customer and the operator would have agreed in good faith if they had been aware of the invalidity.

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