Termes et Conditions

User Agreement

Terms Of Use

Privacy Policy
Last updated: Feb 29, 2022


User agreement

PLEASE READ THIS USER AGREEMENT AND ALL OTHER AGREEMENTS AND POLICIES REFERENCED HEREIN COLLECTIVELY DEFINED BELOW AS THE "TERMS OF SERVICE" CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

This User Agreement (this “Agreement”) is a contract between you (“you” or “User”), Banj (“Banj,” “we,” or “us”). You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User of our website located at www.banjdev.com or any part of the rest of the Site (defined in the Terms of Use).

REGISTRATION AND ACCEPTANCE

By registering for an account to use the Site or Site Services (an “Account”), by using the Site or Site Services after the Effective Date if you had an Account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service. To access and use certain portions of the Site and the Site Services, you must register for an Account. Subject to the Site Terms of Use, certain portions of the Site are available to Site Visitors, including those portions before your Account registration is accepted. Banjdev reserves the right to decline a registration to join Banjdev or to add an Account of any type (i.e., as a Client or Freelancer), 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 Banjdev and your information will be handled in accordance with our Privacy Policy, which is part of the Terms of Service, and applicable law.

To register for an Account to join the Site, you must complete a User profile (“Profile”), which you consent to be shown to other Users. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading.

There are a number of different Account types: Developers, Digital services and contractants. You agree not to have or register for more than one Account without express written permission from us. We reserve the right to revoke the privileges of the Account or access to or use of the Site or Site Services, and those of any and all linked Accounts without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.

  • Terms of Use
  • Last updated: May 5, 2020

    Please read these Terms of Use carefully before using the www.banjdev.com, operated by Banj company, the first Entrepreneurship Hub in Port-au-Prince, Haïti. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

    By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

    Termination

    We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

    BanjDev Intellectual Property

    BanjDev and Banj retain all right, title, and interest in and to all Intellectual Property Rights related in and to the Site and the Site Services. The BanjDev logos and names are trademarks of Banj and are registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site or Site Services may be the trademarks of their respective owners. Nothing in the Terms of Service grants you a right to use any BanjDev Marks.

    Prohibited uses of the site

    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.

    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) Banj’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, distribution of “fake news”, “hoax news” or similar false content purposefully intended to mislead readers for financial or other gain;
      • 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:
      • misrepresenting your experience, skills, or information, including by representing another person’s profile, or parts of another person’s profile, as your own;
      • impersonating any person or entity, including, but not limited to, an Banj representative, website 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 Freelancer’s profile or information after the Freelancer no longer works with the Agency;
      • falsely attributing statements to any Banj representative, forum leader, guide or host;
      • Falsely stating or implying a relationship with Banj 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 Freelancer will perform the work on a job when another will in fact perform the work, including submitting a proposal on behalf of a Freelancer 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 or posting the same job multiple times so that more than one version remains active at a given time;
    • Duplicating or sharing accounts;
    • Sharing or soliciting contact information, such as email, phone number, or Skype ID, in a profile or job post;
    • Directly or indirectly, advertising or promoting another website, product, or service or soliciting other Users for other websites, products, or services, including advertising on Banjdev to recruit Freelancers 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;
      • 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;
      • 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 Banj’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 Banj 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 Banj
    • Conduct or actions that could jeopardize the integrity of or circumvent the Site, Site Services or Banj'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 Banj; or
      • accessing or using the Site or Site Services to build a similar service or application, identify or solicit Banj Users, or publish any performance or any benchmark test or analysis relating to the Site.

    Contact Us

    If you have any questions about these Terms, please contact us: hey@banjht.com

    DEFINITIONS

    “Contractor” means any authorized User utilizing the Site to seek and/or obtain Freelancer Services from another User.


    “Freelancer” means any authorized User utilizing the Site to advertise and/or provide Freelancer Services to contractors, including Freelancer Accounts that are Agency Accounts or, if applicable, Agency Members. A Freelancer is a customer of Banj with respect to use of the Site and Site services.


    “Freelancer Services” means any services provided by Freelancers.


    “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.


    “Public Site Services” means, collectively, all services, applications and products that are accessible by any Site Visitor who has not become an User through the Site, to the extent they are accessible by a Site Visitor who has not become a User.


    “Site” means, collectively, our website located at www.banjdev.com, all affiliated websites owned and operated by Banj, our predecessors or successors in interest, or our Affiliates.


    “Site Services” means, collectively, all services (except the Freelancer Services defined herein), applications and products that are accessible through the Site, including the Public Site Services, and all BanjDev websites.


    “User Content” means any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other information that you or any User post to any part of the Site or provide to Banjdev, including such information that is posted as a result of questions.


    “You” means any person who accesses our Site, including a Site Visitor or User and including any entity or agency on whose behalf any such person accesses or uses our Site.