Last Revision: September 10, 2019
Welcome to the Diaworkers, a web service utility that connects Employers and Workers online. Diaworkers service is operated by MFG co.ltd. and its subsidiaries and affiliates ("us," "we", "Diaworkers", "site" or "Diaworkers"). By using or accessing the Diaworkers Service, you agree that you have read, understand and are bound by these Terms & Conditions ("Terms"). We reserve the right, at our sole discretion, to change or delete portions of these Terms & Conditions at any time without further notice. Your continued use of the Diaworkers Service after any such changes constitutes your acceptance of the new Terms & Conditions.
You may not use the Diaworkers Service if you are under 18 years old.
Registration; Account Security
When you register for and use the Diaworkers Service, you will be asked to provide information about yourself (First & Last name, Country). After registering we may ask you to provide your address and other personal data such as date of birth, gender, etc. This is optional and you don't have to provide such data if you don't want to. Your user data must be accurate and current at all times. You are solely responsible for maintaining the security of your account. This means, for example, that you may not share your password or let anyone else access your account. If you have reason to believe that your account is no longer secure, please let us know immediately.
By using or accessing the Diaworkers Service, you represent, warrant and agree that you will not:
By using or accessing the Diaworkers Service, you represent, warrant and agree that you will not:
Diaworkers does not pre-screen, review, edit or approve any pages, websites or information outside of Diaworkers domain. Diaworkers may, in its sole discretion, remove or disable access to any page, website or link posted by its users. Diaworkers may block the user account at any time and disable access to it and all information (jobs, submitted tasks,...) posted by this account.
"Content" means any jobs, job information (requirements, description, title,...) and anything else that you Post on or through the Diaworkers Service. "Post" means to upload, post, transmit, share, store, link to or otherwise make available on or through the Diaworkers Service.
Intellectual Property Complaints
We respect the IP rights of others and we prohibit users from Posting Content that violates another party's IP rights. When we receive a proper claim of IP infringement, we promptly remove or disable access to the allegedly infringing Content. We also terminate the accounts of repeat infringers in appropriate circumstances. If you believe that Content on the Diaworkers Service infringes your IP rights, please report that to us immediately. You can report all IP claims, including any copyright claims, which will be handled in accordance with the Digital Millennium Copyright Act. If you are a user whose Content was removed due to alleged copyright infringement, and you believe the removal was mistaken, please contact us.
Your Privacy Practices
We respect the privacy rights of third parties, and you must do so as well on the Diaworkers Service.
If you collect, access or use information relating to any user of the Diaworkers Service (including information contained in any user profile) you must obtain consent from the user and make it clear to the user that the collection, access and use is being carried out by you and not Diaworkers.
Ownership; Proprietary Rights
Except for Content submitted by user, all materials, content and trademarks on the Diaworkers Service are the property of Diaworkers and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. Without limiting the foregoing, Diaworkers, the Diaworkers LOGO, PW, Diaworkers, and all related logos, are trademarks of Diaworkers. Except as expressly authorized by Diaworkers in writing, you agree not to use, sell, license, distribute, copy, publish, stream, publicly perform or display, transmit, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works or otherwise make unauthorized use of the materials, content or trademarks.
You are solely responsible for the User Content that you post on or through the Diaworkers Service. You hereby grant Diaworkers an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the Diaworkers Service or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your account name, jobs started, tasks finished or other information submitted for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the Diaworkers Service or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.
If you own or control a website, you may place Diaworkers' button, logo and/or text ("Link": a "Referral Link" or "Regular Link"), including all trademarks therein, on your website for the sole purpose of attracting more users on the Diaworkers Service. By offering a Link on your website, you agree, represent and warrant that you will not place a Referral Link on any page containing content that would violate these Terms if Posted on the Diaworkers Service. The rights granted in this paragraph may be revoked by us at any time in our sole discretion, and upon such termination, you will immediately remove all Links from your website.
Diaworkers Agreement Policy
By creating Diaworkers account OR by login to your account, you agree to Terms and Conditions (this document) and you also agree to everything displayed on this website. You agree that Tasks not rated by Employers will auto-close in 7 days as Satisfied or earlier if that was selected by an Employer when starting a new Campaign/Job. If you do not agree with Anything displayed on this website, please do not use Diaworkers. You agree to comply with all applicable federal and state laws in connection with your use of the Site and Site-related services.
References to "Diaworkers", "Diaworkers" and "this site" refer to the Diaworkers website and all related websites, it's owners and any related companies. By using the information, services and products available through this site and downloading any software, you are agreeing to the terms and conditions contained herein. This site provides the information, services and products available "AS IT IS", with no warranties whatsoever. All express warranties and all implied warranties and non-infringement of proprietary rights are hereby disclaimed to the fullest extent permitted by law. This site is not associated with the software it provides (or display a link to) for download and cannot be held liable for issues or faults that arise from the download or use of the software.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to Diaworkers ("Submissions"), are non-confidential and non-proprietary. Diaworkers will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
All deposits are 100% refundable in case you haven't used that money to pay for services you have ordered. You acknowledge that service fees for payments to Workers and Diaworkers are non-refundable. Deposited unused credit in your account is refundable with the applicable withdrawal fee. All refund requests must be made within 1 year of the deposit.
You acknowledge that: (1) Diaworkers is not a bank, an escrow service, or other licensed financial institution and does not provide banking services; (2) the amounts shown as on deposit, in a User Account are not segregated into a separate account but represent unsecured obligations of Diaworkers to the User with respect to the purchase and sale of Services through Diaworkers; (3) Diaworkers is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and (4) amounts transferred through or stored in the payment service are not insured or guaranteed deposits. By initiating and sending payments through Diaworkers, you appoint Diaworkers as your agent to obtain the funds and hold and to transfer such funds to the Worker, subject to these terms and conditions.
User Accounts that have been inactive for more than 365 days ("Inactive Accounts") will incur a dormant account fee of US$5 per month until either the Account is terminated or reactivated. Diaworkers reserves the right to cancel Inactive Accounts with a nil or negative balance.
You acknowledge and agree that any chargebacks (a chargeback occurs when a buyer rejects or reverses a charge on his or her credit card through the credit card issuer) on funds paid to you by Employers through the Site are your responsibility and you will not hold Diaworkers liable for such. You agree that Diaworkers may reverse any such payments that are subject to chargeback via our Payment Processors. To cover the cost of processing chargebacks, Diaworkers assesses a USD $20.00 fee to Users for credit and debit card payment chargebacks.
Insufficient funds in Accounts
If there are not sufficient funds in your User Account to meet outstanding fees and charges, Diaworkers reserves the right to collect any amounts owing to Diaworkers by any other legal means.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided by Diaworkers. These taxes will be added to fees billed to you, if applicable.
User Disputes; Complaints
You agree not to hold Diaworkers responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to the Diaworkers Service. This includes transactions conducted on the Diaworkers Service as well as the collection, handling and sharing of personal or other information that you provide to third parties. If you have a dispute with a third party relating to the Diaworkers Service, you release Diaworkers and its directors, officers, employees and agents (collectively, the "Diaworkers Entities") from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
If you believe that the Diaworkers Service or Diaworkers' business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of Diaworkers's department (use contact us form or email). If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that the Diaworkers Service is unfair, fraudulent or unlawful with respect to that issue.
You agree to indemnify and hold Diaworkers Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of the Diaworkers Service or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. Diaworkers reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Diaworkers, and you agree to cooperate with Diaworkers' defense of these Claims.
USE OF THE DIAWORKERS SERVICE IS AT YOUR OWN RISK. THE DIAWORKERS SERVICE, DIAWORKERS WEBSITES AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE DIAWORKERS SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DIAWORKERS, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, DIAWORKERS, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE DIAWORKERS SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE DIAWORKERS SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DIAWORKERS IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH THE DIAWORKERS SERVICE (COLLECTIVELY, "THIRD PARTY MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS (THEIR WEBSITES OR INSTRUCTIONS OR EXPECTATIONS etc.) WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL DIAWORKERS ENTITIES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE DIAWORKERS SERVICE, THE DIAWORKERS WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE DIAWORKERS SERVICE, EVEN IF DIAWORKERS OR A DIAWORKERS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, DIAWORKERS' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF DIAWORKERS ENTITIES OR OF THEIR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE DIAWORKERS SERVICE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF THE DIAWORKERS SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO DIAWORKERS DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $100, WHICHEVER IS GREATER.
Termination and Changes to the Diaworkers Service
We may terminate your account on the Diaworkers Service, delete your account and any Content you have Posted on or through the Diaworkers Service, and/or prohibit you from using or accessing the Diaworkers Service (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice. Further, we reserve the right to change any aspect or feature of the Diaworkers Service at any time without notice. The following sections will survive any termination of your use of the Diaworkers Service: Prohibited Conduct, User Content, Your Privacy Practices, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to the Diaworkers Service, Arbitration, Governing Law; Venue and Jurisdiction and Other.
Except as set forth in the paragraph below, you agree that all claims and disputes between you and Diaworkers that arise out of or relate in any way to the Terms or your use of the Diaworkers Service will be resolved either by (a) binding arbitration by a single arbitrator in Delaware or (b) binding non-appearance based arbitration conducted by telephone, online or based solely on written submission. Such arbitration will be administered by Judicial Arbitration and Mediation Services ("JAMS") (see www.jamsadr.com) pursuant to its Comprehensive Arbitration Rules. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.
With respect to any claims or disputes you intend to bring on behalf of a class, you agree to arbitrate whether a class could be certified before bringing such action in a court of law. If the arbitrator refuses to certify the class, you will continue to resolve your individual claims or disputes through binding arbitration. If the arbitrator finds that a class should be certified, you may file the class action in a court of law provided you waive any right to a trial by jury. Claims for injunctive or other equitable relief may also be brought in a court of law.
Governing Law; Venue and Jurisdiction
You agree that all claims and disputes between you and Diaworkers that arise out of or relate in any way to the Terms or your use of the Diaworkers Service will be governed by the laws of the State of Delaware (and United States federal laws applicable therein), without regard to principles of conflict of laws. You further agree that you will bring any claims or disputes that are not subject to arbitration (as set forth above) in, and you submit to the exclusive jurisdiction of, the state and federal courts located in Delaware, USA.
The "Diaworkers Service" means the features, services and properties that Diaworkers makes available through (a) Diaworkers or any other Diaworkers-branded or co-branded website (including, without limitation, any and all sub-domains and all international, mobile versions and successors thereof), (b) the Diaworkers Platform and (c) other media, devices or networks now existing or later developed. Unless otherwise specified, the terms "includes," "including," "e.g.," "for example," and other similar terms used herein are deemed to include the term "without limitation" immediately thereafter. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance. If, for any reason, any provision of these Terms or portion thereof is rendered invalid or unenforceable, the remainder of these Terms will remain in full force and effect and will be enforced to the maximum extent permissible so as to effect the intent of the parties. An arbitrator or court will substitute or rewrite any invalid or unenforceable term or provision to make such term or provision valid and enforceable. All communications and notices to be made or given pursuant to these Terms will be in the English language. You consent to receiving communications and notices from Diaworkers at the email address you provide in registering for the Diaworkers Service or otherwise elect in your account settings. These Terms constitute the entire agreement and supersede any prior agreement between you and us regarding your use of the Diaworkers Service.
Please visit Frequently asked questions for more information