User Agreement

This Agreement was last updated on 1 January 2024.

This User Agreement outlines the terms and conditions that you agree to when utilizing our Website or Services. By using our platform, you implicitly accept these terms. Additional linked information is incorporated by reference.

1. Definitions:

  • Account: Refers to the account associated with your email address.
  • Buyer: Denotes a User purchasing Seller Services or items from Sellers or identifying a Seller through the Website. A User may assume both Buyer and Seller roles under this agreement.
  • Contest: Signifies a competition promoted by a Buyer, allowing a Seller to submit one or more entries via the Website.
  • Contest Brief: Describes the document outlining the scope of a Contest, including items such as a design brief.
  • Contest Handover: Involves the agreement between the Buyer and winning Seller(s) in a Contest, wherein each Seller transfers ownership of the winning entry or entries to the Buyer.
  • Dispute Resolution Process: Outlines the process to be followed by Buyers and Sellers in accordance with the Dispute Resolution Services.
  • Entrant: Refers to a Seller who has entered a Contest.
  • Gulfinder: Provides organizations in different countries access to a global workforce of millions of freelancers, enabling large organizations to expedite their growth cost-effectively.
  • Verified by Gulfinder: Signifies Users who have been satisfactorily verified under the Know Your Customer and Identity Verification Policy.
  • Inactive Account: Describes a User Account that has not been logged into for a 6-month period, or another period determined by us from time to time.
  • Intellectual Property Rights: Encompasses all intellectual property rights worldwide, including patents, copyright, circuit layouts, registered designs, registered and unregistered trademarks, and the right to keep confidential information confidential.
  • Local Job or Local Jobs: Denotes a service facilitating the matching of a Buyer with a Seller for location-specific services within a specific country.
  • Milestone Payment: Represents a payment made by the Buyer for the provision of Seller Services under a User Contract, to be released following the guidelines in the “Milestone Payments” section of these terms and conditions.
  • Project or Listing: Encompasses a job offered or awarded by a Buyer via the Website, including a Project or Contest listed by a Buyer, a Project awarded through Hire Me, a service purchased by a Buyer from a Seller, and a service awarded by a Buyer to a Seller as a result of a Contest or competition hosted on the Website.
  • Seller: Denotes a User offering and providing services or identifying as a Seller through the Website. A User may assume both Buyer and Seller roles under this agreement.
  • Seller Services: Include all services provided by a Seller.
  • Gulfinder Services: Encompass all services provided by us to you.
  • User, you, or your: Refers to an individual who visits or uses the Website, including through the API.
  • User Contract: Encompasses this User Agreement, the periodically amended Code of Conduct, 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), 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 any other material incorporated by reference from time to time.
  • Website: Refers to the Websites operated by Gulfinder in the UAE, available at Gulfinder.com and any of its regional or other domains or properties. This also includes any associated Gulfinder service, tool, or application, specifically covering mobile web, any iOS App, any Android App, or API, or other access mechanisms. Gulfinder is based in the UAE.

2. Overview:

Upon accessing the Website, you are bound by the following terms with Gulfinder. We reserve the right to modify this User Agreement and any associated information periodically by posting revised terms on the Website, with no prior notice to you.

The Website serves as an online platform where Users engage in the buying and selling of Seller Services and items. To participate in these transactions, Buyers and Sellers are required to register for an Account. Through the Website, Users collaborate online to complete and remunerate Projects, engage in the buying and selling of items, and utilize the services we offer. It’s important to note that we do not act as a party to any contractual agreements between Buyers and Sellers within the online venue; our role is to facilitate connections between the involved parties.

We reserve the right to modify or supplement the Website, its information, products, or services at our discretion, and such changes may occur without prior notification. While we strive to provide accurate information, we do not commit to keeping the Website constantly updated. We bear no liability to you or any other party in the event of errors in the Website’s information or if such information is not current.

3. Scope:

Prior to utilizing the Website, it is imperative that you thoroughly peruse the complete User Agreement, the Website policies, and all linked information. Your acknowledgment and acceptance of all the terms within this User Agreement, the Code of Conduct, the Gulfinder Privacy Policy, and all Website policies are mandatory. By accessing our Website and accepting this User Agreement, you affirm that these terms will be applicable every time you engage with the Website or use the tools provided to interact with it. Please be aware that certain Websites may introduce additional or alternative terms, which we will furnish to you when you access those particular services.

4. Eligibility:

You may not use the Website if you:

  1. Are incapable of forming legally binding contracts.
  2. Are under the age of 16.
  3. Are a person barred from receiving and rendering services under the laws of Australia or any other applicable jurisdiction.
  4. Are suspended from using the Website.
  5. Do not possess a valid email address.

All free user accounts are linked to individuals, and login credentials should not be shared with others. The individual associated with the account bears full responsibility for all actions taken by the account, without limitation.

In compliance with local laws, a person over 15 but under 18 may utilize an adult’s account with the account holder’s permission. Nonetheless, the account holder remains accountable for all actions performed through the account, without limitation.

Users have the option to associate a business name or company name with their Account. It is acknowledged and agreed that when a business name or company name is linked to the Account, this User Agreement constitutes a contract with the User as an individual, and users are solely responsible for all activities conducted on their Account.

Non-individual entities such as companies, corporations, trusts, partnerships, or other corporate entities may qualify as Users, subject to the eligibility criteria for corporate accounts that pay corporate subscriptions.

We retain the absolute discretion to decline the registration of any person or entity as a User. Additionally, you may not transfer or assign any rights or obligations under this agreement without prior written consent.

5. Using Gulfinder:

While utilizing the Website, you are prohibited from attempting or engaging in any of the following activities:

  1. Posting content or items in inappropriate categories or areas on our Websites and services.
  2. Infringing any laws, third-party rights, or our policies, such as the Code of Conduct.
  3. Failing to deliver payment for services received.
  4. Failing to provide Seller Services purchased from you.
  5. Circumventing or manipulating our fee structure, the billing process, or fees owed to Gulfinder.
  6. Posting false, inaccurate, misleading, deceptive, defamatory, or offensive content, including personal information.
  7. Taking actions that may undermine the feedback or reputation systems, such as displaying, importing, or exporting feedback information for unrelated purposes.
  8. Transferring your Gulfinder account (including feedback) and Username to another party without our consent.
  9. Distributing or posting spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.
  10. Distributing viruses or any other technologies that may harm Gulfinder, the Website, or the interests or property of Gulfinder users.
  11. Downloading and aggregating listings from our website for display with listings from other websites without our express written permission, “frame,” “mirror,” or otherwise incorporating any part of the Website into any other website without our prior written authorization.
  12. Attempting to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website.
  13. Copying, modifying, or distributing rights or content from the Website or Gulfinder’s copyrights and trademarks.
  14. Harvesting or otherwise collecting information about Users, including email addresses, without their consent.
  15. Using Gulfinder to facilitate money exchange, including but not limited to, cryptocurrency (e.g., bitcoin, ethereum, etc.).

These actions are strictly prohibited to maintain the integrity and functionality of Gulfinder. Any violation may result in the termination of your account and other appropriate legal action.

6. Intellectual Property Rights Infringement

Our commitment is to promptly address clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is crafted to simplify the process of submitting notices of alleged infringement, aiming to reduce the frequency of fraudulent or challenging-to-verify notices. If you are of the opinion that your Intellectual Property Rights have been violated, kindly inform us through this link on our Website, and we will initiate an investigation promptly. Your cooperation is appreciated as we work to maintain the integrity of intellectual property rights on our platform.

7. Fees and Services

We levy fees for specific services, including introduction fees for Projects, listing upgrades, and memberships. When engaging in a fee-based service, you have the opportunity to review and accept the charges outlined in our Fees and Charges schedule, subject to occasional updates that we will post on our Website. Temporary fee adjustments may occur during promotional events or for new services, becoming effective upon posting on the Website or through promotional correspondence.

Unless explicitly stated otherwise, all fees are quoted in United States Dollars.

8. Taxes:

As a user of the Gulfinder platform, it is your responsibility to comply with tax regulations applicable to the services provided. This includes any goods and services taxes (GST) or value-added taxes (VAT) that may be relevant based on the jurisdiction of the services rendered.
Depending on your residency or location, specific ad valorem or other taxes (such as GST in Australia) may apply to certain fees charged by Gulfinder. If applicable, these taxes will be added to the fees billed to you. It is acknowledged that users must fulfill their obligations under income tax provisions in their respective jurisdictions.

9. Payment Administration Agent:

You acknowledge and agree that, at our sole discretion, we may appoint our related bodies corporate, affiliates, or any other third party to serve as our agent for the acceptance or initiation of payments (including merchant facilities) from or to Users on our behalf.

This third party shall possess the same rights, powers, and privileges granted to us under this User Agreement. They will be authorized to exercise or enforce these rights, powers, and privileges either as our agent or in their own name. Under no circumstances shall we be held liable to any User for any loss, damage, or liability arising from the negligence and/or acts beyond the authority of the Payment Administration Agent, as granted by Gulfinder.

10. Promotion:

Your company or business name, logo, images, or other media may be showcased as part of the Gulfinder Services and/or other promotional materials related to the Website, unless you explicitly instruct us not to do so, and we agree to such a request in writing.

You recognize that we reserve the right to utilize the public description of your Projects and the content from your profile information on the Website for marketing and other associated purposes.

11. Content:

We do not claim ownership of your User Content; however, you grant us a non-exclusive, sublicensable, irrevocable, and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available, and otherwise exploit such User Content, in whole or in part, in all media formats now known or hereafter devised and on third-party sites and platforms in any number of copies and without limit as to the time, manner, or frequency of use, without further notice to you, and without the requirement of permission from or payment to you or any other person or entity.

You acknowledge and agree that:

  1. We act only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content.
  2. We have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website.
  3. Any and all content submitted to the Website is subject to our approval. We may reject, approve, or modify your User content at our sole discretion.

You represent and warrant that your content:

  1. Will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person.
  2. Will not violate any law or regulation.
  3. Will not be defamatory or trade libelous.
  4. Will not be obscene or contain child pornography.
  5. Will not contain the development, design, manufacture, or production of missiles, or nuclear, chemical, or biological weapons.
  6. Will not contain material linked to terrorist activities.
  7. Will not include incomplete, false, or inaccurate information about Users or any other individual.
  8. Will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.

You acknowledge and agree that we may transfer your personal information to a related body corporate, and your information may be transferred outside of Australia or the EEC-area. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and Gulfinder Services and may close your Account.

Information on the Website may contain general information about legal, financial, health, and other matters. The information is not advice and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter, you should consult your professional adviser.

We provide unmonitored access to third-party content, including User feedback and articles with original content and opinions (or links to such third-party content). We only act as a portal and have no liability based on, or related to, third-party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.

The Website may contain links to other third-party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies, or performance of the websites we link to from the Website. The use of third-party content, links to third-party content, and/or websites is at your risk.

In relation to deletion or hiding of any information or content, using the Website to delete, hide, or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfill record-keeping, regulatory, compliance, statistical, law enforcement, and other obligations.

12. Feedback, Reputation and Reviews:

You acknowledge that you transfer copyright of any feedback, reputation, or reviews you leave, consisting of comments and any rating(s) (e.g., quality, communication, etc.), together with any composite rating by us. Such feedback, reputation, and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use or deal with such feedback, reputation, and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the Gulfinder feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you or your feedback rating, where we believe our feedback system may be subverted.

Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Seller Services via the Website. You may not use your Seller or Buyer feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a website operated by Gulfinder or its related entities, without our written permission.

13. Advertising:

Unless otherwise agreed with us, you must not advertise an external website, product, or service on the Gulfinder platform. Any website address posted on the platform, including in a listing, bid, listing description, clarification board, or the message board, must relate to a Project, Contest, item listed, user, or service being performed on the Gulfinder platform.

We may display advertisements or promotions on the Gulfinder platform. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that the content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents, or other intellectual property or proprietary rights and laws. Unless expressly authorized by Gulfinder or third-party right holders, you agree not to modify, sell, distribute, appropriate, or create derivative works based on such advertisements/promotions.

14. Communication With Other Users:

Communication with other users on the Gulfinder platform must be conducted through the text, audio, and/or video chat functionality, along with message boards, public clarification boards, Project message board, direct message sending, and other communication channels provided on the Gulfinder platform.

Users may incur a penalty if they are found to be conducting communications or transactions outside of the platform.

In relation to video chat and audio chat, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function.

Gulfinder may use information such as your name, location, display or username, and/or your image, in relation to the provision of messaging services on the Gulfinder platform or in the mobile apps.

We may read all correspondence posted to the Gulfinder platform and download or access, and test (if necessary), all uploaded files, programs, and websites related to your use of the Gulfinder platform for the purpose of investigating fraud, regulatory compliance, risk management, and other related purposes

15. Identity / Know Your Customer:

You authorize Gulfinder, directly or through third parties, to make any inquiries deemed necessary to validate your identity. At our request, you must:

  1. Provide further information, including your date of birth or other details for reasonable identification.
  2. Take steps to confirm ownership of your email address or financial instruments.
  3. Verify your information through third-party databases or other sources.

Upon request, you must also provide copies of identification documents, such as your passport or driver’s license. Additionally, we may ask for photographic identification holding your identification along with a sign containing a provided code for further verification. We reserve the right to request a video interview to validate your information, identity, background, and skills.

Gulfinder reserves the right to close, suspend, or limit access to your account, the platform, and/or Gulfinder services if we are unable to obtain or verify the requested information to our satisfaction.

We may update your particulars on the website to match any identity documentation provided. Disbursements, such as wire transfers, will only be made to the beneficiary matching your provided identity documents and account information.

If you are not verified by Gulfinder, you may face restrictions, including the inability to withdraw funds from your Gulfinder account. Refer to the Know Your Customer and Identity Verification Policy for more details.

16. User Services:

Upon the Buyer awarding a Project or Contest to the Seller, and the Seller’s acceptance on the Gulfinder platform, or the purchase of an item by a Buyer from the Seller, both parties enter into a User Contract. In this contract, the Buyer agrees to purchase, and the Seller agrees to deliver the Seller Services. Users agree not to enter into contractual provisions conflicting with the User Agreement.

Users are solely responsible for ensuring compliance with obligations to other Users. Failure to comply may result in liability to the affected User. Users must be aware of applicable domestic and international laws, statutes, ordinances, and regulations relevant to their roles as Buyers or Sellers on the Website.

In case of a breach by another User, it is the responsibility of the affected User to enforce any rights they may have. Gulfinder assumes no responsibility for enforcing rights under a User Contract.

Sellers and Buyers may have statutory rights depending on their jurisdiction, which cannot be lawfully excluded. This User Agreement does not intend to override such rights protected by applicable law. The agreement complies with unfair contracts legislation and aims to respect inalienable rights under local laws. If any component of this User Agreement conflicts with local laws, the parties intend for the agreement to be read down to comply with those laws.

Users acknowledge that the relationship between Buyers and Sellers is that of independent contractors. This User Agreement does not create a partnership, joint venture, agency, or employment relationship between Users. It is explicitly stated that no joint venture, partnership, or employer-employee relationship is formed between Gulfinder and any User.

17. Special Provisions for Local Jobs:

Each User acknowledges the following specific terms related to Local Jobs on Gulfinder:

  1. Gulfinder does not review, approve, recommend, or verify credentials, licenses, or statements of capability for Local Jobs (or non-Local Jobs) on the platform.
  2. Gulfinder provides matchmaking and platform services only. The platform has no liability for aspects of service delivery or interaction between Buyers and Sellers beyond providing a dispute resolution mechanism to assist in issue resolution.
  3. The platform may include map features displaying the location of Users. Buyers seeking services for Local Jobs agree to provide the location where the job is to be performed, and Users agree that Gulfinder has no liability for displaying such information.
  4. Users must not disclose personal details, such as names, street numbers, phone numbers, or email addresses, in any publicly posted Project descriptions for Local Jobs. Such details may be disclosed in private direct messages.
  5. Gulfinder may collect location-related data via technologies like GPS, IP address location, and wifi for facilitating services related to Local Jobs. Users explicitly consent to this data collection and sharing as part of the User Agreement.
  6. After completing a Local Job Project, the Seller must log on to the Website and click the “Complete” button promptly. Failure to do so constitutes a breach of the User Agreement.
  7. Fees are applied to the amount of the awarded Seller’s bid for Local Job services. Items purchased by the Seller as part of the service are solely between the Buyer and Seller.
 

18. Funds:

The section outlines the terms and conditions related to funds held in your Gulfinder Account:

  1. Positive funds may result from prepaid fees, successful Project completion, or participation in affiliate/referral programs. Funds are held in our operating accounts with financial institutions and are not separate, possibly commingled with general funds.
  2. Users are not entitled to interest on funds in their Account. Any interest earned on funds held by Gulfinder belongs to the platform.
  3. In case of negative funds, Gulfinder may set-off amounts, reverse payments, deduct owed amounts, or suspend/limit the Account until the balance is positive. The platform reserves the right to collect owed funds through legal means.
  4. Users acknowledge that Gulfinder is not a licensed financial institution, and funds represent unsecured obligations. Users become unsecured creditors when funds are to be released. Gulfinder is not a trustee, and the displayed funds are not insured or guaranteed deposits.
  5. In the event of fund release, refunds go only to the source of the original deposit. Funds in the Account are held in an account with a financial institution and may be commingled with other Users’ and Gulfinder’s funds for various purposes.
  6. Users must use Gulfinder’s mechanisms for loading or releasing funds. Refunds are directed only to the original deposit source.
  7. Gulfinder holds funds in accounts with financial institutions, and the funds are not segregated. Commingled funds may be used for various purposes, but Gulfinder remains obligated to release or refund funds at the User’s direction as per the User Agreement. 

19. Limits & Fraud Prevention:

Gulfinder reserves the right to take actions related to withdrawal requests and fund limits in certain situations:

  1. Fraudulent Source of Funds:
    • Withdrawal requests may be suspended if the source of funds is suspected to be fraudulent.
    • If funds are identified as resulting from a fraudulent transaction, they will be immediately reversed.
    • In case the funds have been released to the User, the User must pay the funds back into the Account. Failure to do so may lead to account suspension, limitation, cancellation, or actions to recover the funds.
  2. Discretionary Fund Limits:
    • Gulfinder may, at its sole discretion, impose limits on some or all funds in an Account.
    • Reasons for imposing limits include perceived risks associated with the User, the Account, or transactions. This includes risks of reversal or chargeback, payment to a different beneficiary, payments to countries where services are not offered, or legal requirements.
  3. Dispute-Related Fund Limits:
    • In case of a dispute, Gulfinder may temporarily limit funds in the Account to cover potential liabilities.
    • If the dispute is resolved in favor of the User, the limit on funds will be lifted, and the funds may be released.
    • If the dispute is not resolved in the User’s favor, funds may be removed from the Account.
  4. Investigation-Related Fund Limits:
    • Limits on the account may be imposed during investigations into suspected fraudulent or unacceptable behavior.
    • The limit will be in effect while the investigation is ongoing.

These measures are in place to ensure the integrity of the platform, protect Users, and comply with legal requirements or law enforcement requests.

20. Refunds:

Users on Gulfinder have the option to request a refund for funds they have paid into their Account under the following conditions:

  1. Refund Request Eligibility:
    • Refund requests are allowed for any funds paid into the Account, except those related to Milestone Payments (subject to Section 25) or fees and charges payable to Gulfinder.
    • Refund requests related to Milestone Payments are subject to the Dispute Resolution Process outlined in Section 25, while those related to fees and charges must follow the process in the “Disputes with Us” clause.
  2. Refund Approval and Method:
    • If Gulfinder approves the refund, the funds will be returned to the User using the same payment method(s) used for the original payment.
    • Gulfinder may initiate refunds at its discretion in certain circumstances, including legal requirements, dispute avoidance, adherence to refund policies, detection of fraudulent payments, identification of duplicate payments, or to prevent credit card chargebacks.
  3. Refund Request Process:
    • Users can request a refund through the customer support website or by emailing info@gulfinder.com 
    • Once a Milestone Payment is made (subject to Section 25), Users agree to use the dispute resolution process in this agreement and refrain from initiating chargeback requests with their card issuer.
  4. Chargeback Requests:
    • Users initiating chargeback requests or similar processes agree to allow Gulfinder to share information regarding the agreement and terms to counter such requests.
    • Users who have initiated a chargeback with their credit card issuer should not request a refund from Gulfinder to avoid double recovery.
  5. Excessive Refund Requests:
    • Gulfinder may take action, including suspension, limitation, or closure of the Account, if it reasonably determines that a User has made an excessive or unreasonable number of refund requests or chargebacks.

These procedures are in place to ensure fair and transparent processes for refund requests, prevent misuse, and align with Gulfinder’s policies and legal obligations.

21. Withdrawal Policies and Procedures

Withdrawals of funds earned on Gulfinder are subject to specific policies and procedures:

  1. Initial Withdrawal Delay: The first withdrawal of funds earned may be delayed for up to fifteen days for security and fraud prevention purposes.
  2. Subsequent Withdrawal Delays: Subsequent withdrawals may also be subject to a delay of up to fifteen days if Gulfinder’s fraud prevention policies necessitate such measures.
  3. Minimum and Maximum Withdrawal Limits: A minimum withdrawal amount for earned funds may be imposed, as specified in the schedule of Fees and Charges. The maximum withdrawal per month is $10,000, unless there is a specific agreement with Gulfinder’s support team.
  4. Verification Requirement: You may be required to complete the Verification by Gulfinder process before withdrawing funds, regardless of any enforced withdrawal delay. Details on how to become Verified by Gulfinder are available in the “Know Your Customer and Identity Verification Policy.”
  5. Identity Verification and Anti-Fraud Measures: Gulfinder reserves the right to verify your identity or request additional information as part of its anti-fraud and Know Your Customer policy. This verification process is detailed in the “Identity / Know Your Customer” sections of this agreement.

These withdrawal policies and procedures are designed to ensure the security of transactions, prevent fraud, and comply with Know Your Customer regulations. Users are encouraged to familiarize themselves with these policies for a smooth withdrawal experience on Gulfinder.

22. Chargebacks

1. Nature of Chargebacks:

  • A chargeback refers to a challenge to a payment initiated by a User with their card issuer or financial institution.
  • The decision to issue a chargeback, as well as any subsequent reversal instructions, is made by the payment product issuer or third parties (e.g., payment processors) and not by Gulfinder.

2. Obligation to Follow Instructions:

Gulfinder is obligated to follow chargeback instructions provided by payment product issuers or third parties.

3. Recovery of Chargebacks and Reversals:

  • You acknowledge and agree that Gulfinder has the right to recover any chargebacks and reversals imposed by payment product issuers or third parties on funds previously paid to you by Buyers through the Website.
  • This recovery may include processing fees or any other related charges incurred by Gulfinder.

4. Payment Reversals:

  • Gulfinder reserves the right to reverse payments made to you that are subject to chargeback or reversal instructions received from your payment product issuer or third parties (such as payment processors).

5. Consent for Information Sharing:

  • If you initiate a chargeback request or similar process, you expressly consent to Gulfinder sharing any and all relevant information related to your agreement with the terms and conditions. This sharing is done to counteract any chargeback request.

This chargeback policy ensures compliance with instructions from payment product issuers, protects against fraudulent chargebacks, and enables Gulfinder to recover associated costs incurred due to chargebacks and reversals. Users are encouraged to be aware of and agree to these terms regarding chargebacks on Gulfinder.

23. Inactive Accounts Policy

  1. Maintenance Fee for Inactive Accounts:

    • User Accounts that have not been logged into for a specified period will incur a monthly maintenance fee.
    • The maintenance fee is applied to cover costs associated with hosting the User’s profile, portfolio storage, directory listing, profile promotion, Hire Me service, file storage, message transmission, general administrative tasks, and other storage-related expenses.

  2. Purpose of Maintenance Fee:

    • The maintenance fee contributes to expenses such as storage, bandwidth, support, management, and other associated costs incurred by Gulfinder for inactive accounts.

  3. Duration and Fee Amount:

    • The specific duration of inactivity triggering the maintenance fee and the corresponding fee amount are outlined in the Gulfinder schedule of Fees and Charges.

  4. Right to Close Inactive Accounts:

    • Gulfinder reserves the right to close an Inactive Account if it remains unused for an extended period.

  5. Closure of Accounts with Nil or Negative Funds:

    • Gulfinder retains the right to close any account with either nil or negative funds.

This Inactive Accounts Policy ensures transparency regarding the application of maintenance fees, outlines the purpose of such fees, and provides Users with the necessary information to prevent the closure of their accounts due to inactivity. Users are encouraged to review the schedule of Fees and Charges for specific details related to maintenance fees.

24. Right to Refuse Service 

  1. Account Closure, Suspension, or Limitation:

    • Gulfinder reserves the right to close, suspend, or limit your access to your Account without providing a specific reason.

  2. Grounds for Account Actions:

    • Account closure, suspension, or limitation may occur if:
      • You breach or act in violation of the User Agreement.
      • Under-bidding on a Project to renegotiate the price privately and avoid fees.
      • Infringement of legal rights, including Intellectual Property Rights.
      • Engagement in fraudulent or illegal activities.
      • Non-response to account verification requests.
      • Failure to complete account verification within three months of the request.
      • Being subject to sanctions regimes or if our banking relationships preclude business dealings.
      • Managing risk of loss to Gulfinder, Users, or others.
      • Other valid reasons determined by Gulfinder.

  3. Liability for Fees and Damages:

    • In case of an Account closure due to a breach, you may become liable for fees described in the User Agreement.
    • You must pay fees owed, reimburse losses, costs, and reasonable expenses related to investigating the breach.

  4. Damages Estimate for Breach:

    • You acknowledge and agree that:
      • Damages resulting from your breach may include fines and related expenses imposed by payment processors and Users.
      • A fine of up to US$3,000 is a reasonable estimate of damages.
      • We may release the fine amount from your Account.

  5. Closure Consequences:

    • In the event of Account closure for reasons other than a breach, you are entitled to receive any due payments from Gulfinder.

  6. No Claim Against Gulfinder:

    • If your Account is closed, you have no claim against Gulfinder for any suspension or termination.

Gulfinder reserves the right to take necessary actions to protect its platform, Users, and uphold the integrity of its services. Users are expected to comply with the User Agreement to avoid any adverse account actions.

25. Milestone Payments

  1. Escrow Service Clarification:

    • Gulfinder does not provide an escrow service on the Website.
    • Escrow.com is a separate business entity owned and operated by Gulfinder , offering distinct terms, conditions, products, and services.

  2. Milestone Payments:

    • Gulfinder facilitates controlled payments through a service called Milestone Payments.
    • These payments are subject to Section 25 of the User Agreement.


  3. Locking and Claiming Milestone Payments:

    • The Buyer initiates a Milestone Payment, which is then locked in the Buyer’s Account.
    • The Seller cannot claim these funds until one of the following occurs:
      • Agreement between the Buyer and Seller to release the funds.
      • Resolution of a dispute in the Seller’s favor through the Dispute Resolution Process.
      • Buyer instructs Gulfinder to pay the Seller for services performed.
      • Buyer acknowledges satisfactory completion of services by the Seller.

  4. Dispute Resolution Process:

    • In case of a disagreement on the Seller’s work, the parties may use the Dispute Resolution Process to resolve the issue.

  5. Milestone Payment Release:

    • If no instructions or disputes are received within six months (or any other reasonable time frame) after the Milestone Payment was made, and the Buyer has not logged into their Account during that period, the funds will be unlocked and released back to the Buyer.

Gulfinder provides a structured mechanism for Milestone Payments, offering security and a resolution process in case of disputes, ensuring a fair and transparent transactional environment for both Buyers and Sellers.

26. Milestone Dispute Resolution Services

  1. Scope of Services:

    • Gulfinder provides Milestone Dispute Resolution Services to Users who opt for the Milestone Payment feature.
    • Users acknowledge that Gulfinder is not offering legal services or advice, and they should seek independent legal counsel for any legal matters.

  2. Dispute Resolution Process:

    • In case of a dispute between a Buyer and a Seller regarding Milestone Payments, either party can choose to use Gulfinder’s Milestone Dispute Resolution Services.
    • The dispute will be addressed following the procedures outlined in the Milestone Disputes Policy.

  3. Notification of Dispute Resolution:

    • Once a Buyer or Seller initiates the Milestone Dispute Resolution Services, both parties will be notified that the matter will be handled through this process.

  4. Indemnification:

    • Users agree to indemnify and hold Gulfinder and its affiliates harmless from any damages or liability arising from their use of Milestone Payments and/or Milestone Dispute Resolution Services.
    • This indemnification is subject to legal limits as permitted by applicable law.

  5. Handling of Disputes by Gulfinder:

    • Gulfinder will respond to disputes initiated by Buyers or Sellers according to the Milestone Dispute Resolution Services.
    • This process includes addressing disputes related to the platform’s venue provision, website hosting, and adhering to the guidelines set out in the Disputes with Us clause.

  6. Information Disclosure:

    • Gulfinder will handle information disclosure concerning chargebacks in alignment with the specified clauses (19 and 21) of this agreement.

Users engaging in Milestone Payments and utilizing the Milestone Dispute Resolution Services must adhere to these provisions, and the indemnification clause emphasizes the user’s responsibility for any damages or liability resulting from their use of these services.

27. Other Disputes With Users 

Make a determination in its sole discretion. The process for handling disputes between users, not related to Milestone Payments, involves the following steps:

  1. Attempt to Resolve:

    • Users involved in a dispute related to a project must make an initial attempt to resolve their differences. This includes addressing issues related to the quality of services provided.

  2. Contact Gulfinder:

    • If difficulties persist, users are encouraged to contact Gulfinder for assistance. The process for contacting Gulfinder is outlined in the “Contacting Us” clause.

  3. Handling Disputes:

    • Disputes not related to Milestone Payments will be handled according to the procedures outlined in this clause. Gulfinder reserves the right to make determinations for such disputes.

  4. Gulfinder’s Discretion:

    • Gulfinder has the full rights and powers to make determinations for disputes not related to Milestone Payments. The decisions made by Gulfinder in such disputes are at its sole discretion.

Users are expected to engage in good faith efforts to resolve disputes, and if these efforts are unsuccessful, they can seek assistance from Gulfinder. The platform, in turn, has the authority to make determinations to resolve disputes between users.

The Gulfinder Code of Conduct applies to all the services offered by Gulfinder, including, but not limited to, the Milestone Dispute Resolution Services. It is agreed by you that you will make every endeavor at fair play and post reasonable and fair demands/offers on your dispute. No conduct relating to threats, blackmail, intimidation, or inducement of users to leave positive feedback will be tolerated, in particular any refusal to provide either deliverables or payment in relation to the provision of feedback.

A User found to be in breach of the Code of Conduct during the Milestone Dispute Resolution Service process may automatically lose the dispute in favor of the other party involved, regardless of the origin of the dispute. The User who breached the Code of Conduct may also incur further disciplinary action. For more information, read the Code of Conduct.

28. Disputes With Us

If a dispute arises between you and Gulfinder, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our customer support website or emailing us at info@gulfinder.com

For any claim, Gulfinder may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If Gulfinder elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that Gulfinder will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against Gulfinder must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Gulfinder may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Gulfinder has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Gulfinder will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.

Gulfinder’s 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.

29. Currencies

Some of the Gulfinder Websites will display rates in the local currency of that Website, in addition to the actual amount. These rates are based on a conversion from the originating currency using indicative market exchange rates. You understand and agree that these rates are only indicative, and the amount specified in the origin currency is the actual amount.

As a convenience service, you may withdraw funds from the Gulfinder Website in another currency. If you wish to do so, you will be quoted an exchange rate which will be available for the time specified, which you may choose to accept. Gulfinder may charge a fee for effecting the currency conversion transactions. This fee will be embedded within the rate provided to you, and the currency exchange will be settled immediately.

Gulfinder reserves the right to reject any request for a conversion of currency at any time.

You are responsible for all risks associated with converting and maintaining funds in various available currencies, including but not limited to the risk that the value of these funds will fluctuate as exchange rates change, which could result in decreases in the value of your funds in aggregate. You must not use (or attempt to use) the Gulfinder Website to engage in speculative trading, which could result in substantial losses. Gulfinder is not a financial services provider.

All information included on the Gulfinder Website in respect of currency conversion is general information only. Use of currency conversion is at your own risk. Currency conversions are final and irreversible.

30. Contests

Users on the Gulfinder platform can organize and promote Contests by providing a Contest Brief and fulfilling the Contest Prize payment as outlined on the Website. The User organizing the Contest acknowledges and agrees to be solely responsible for the operation and promotion of the Contest, ensuring compliance with all applicable laws. Gulfinder bears no liability for any losses incurred by a User in connection with a Contest, including losses resulting from any legal violations.

Participants may submit their entries in various formats, such as images, videos, text, or others, as specified on the Website. All entries must adhere to the Contest Brief and must not infringe on any Intellectual Property Rights. Ineligible entries that violate Intellectual Property Rights may be removed either by the Buyer or by Gulfinder, with actions taken according to the Copyright Infringement Policy.

Buyers can choose between a regular prepaid Contest, where a Buyer selects winning Entrant(s), or a guaranteed Contest, where Gulfinder releases the Contest Prize to Entrants if no winner is chosen. Buyers can use the “Contest Poll” feature to invite others to vote on submissions, aiding in decision-making. After awarding a Contest Prize, a Contest Handover occurs between the Buyer and winning Entrant(s). Upon uploading the winning entry and related files, the Contest Prize is released to the winner, unless a dispute arises between the Buyer and winning Entrant(s), in which case resolution is required before releasing the Prize.

It is clarified that the Buyer possesses no rights or license to use any entries other than the winning entry/entries. Buyers are prohibited from: (1) promoting a Contest on the Website if hosting a similar Contest elsewhere; (2) allowing or requesting Sellers to submit entries outside the Website; and (3) awarding another Account, a practice that might be considered collusion or awarding another Account owned by the Buyer.

31. Survival and Release

This agreement prevails over any prior agreements between you and the Company. Should any part of this document be deemed unenforceable, it will be restricted to the minimum extent required, while the remainder of the document continues to be fully effective. The Company’s failure to enforce any portion of this document does not constitute a waiver of the right to enforce that or any other part of this document at a later time. We retain the right to assign our rights and obligations under this document periodically.

In cases of disputes between participants on this site or between users and any third party, you acknowledge that the Company has no obligation to intervene. If disputes arise with other users, you release the Company, its officers, employees, agents, and successors from any claims, demands, and damages, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from or in any way connected to such disputes and/or our Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor does not know or suspect to exist in their favor at the time of executing the release, which, if known, must have materially affected their settlement with the debtor.”

32. Access and Interference

You agree not to utilize any robot, spider, scraper, or other automated means to access the Website, including, but not limited to, access to our API (application programming interface), without obtaining our explicit written permission.

Furthermore, you agree not to:

  1. Take any action that, in our reasonable discretion, imposes an unreasonable or disproportionately large load on our infrastructure.
  2. Interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system, or network connected to or used in relation to the Website or your Account. You also agree not to assist any other person in performing these actions or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  3. Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the websites without the prior express written permission of Gulfinder and the appropriate third party, as applicable.
  4. Interfere or attempt to interfere with the proper working of the Websites, services, or tools, or any activities conducted on or with the Websites, services, or tools.
  5. Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

33. Closing Your Account

You have the option to close your Account at any time, and you can find this option in the Account Settings.

Account closure is contingent upon:

  1. Ensuring there are no outstanding listings on the Website associated with your Account.
  2. Resolving any pending matters, such as a suspension or restriction on your Account.
  3. Settling any outstanding fees or amounts owed on the Account.

Please be aware that we may retain some of your personal information to fulfill regulatory requirements and meet our external obligations. It’s important to note that closing your account does not necessarily result in the deletion or removal of all the information we have on record.

34. Privacy

Your information is utilized in accordance with the Gulfinder Privacy Policy. If you object to the transfer or use of your information as outlined in the policy, you should refrain from using our services. It’s important to note that your name and personal details may be used for identity verification purposes as part of standard business operations in this online marketplace. This may include appearing on invoices, purchase orders, and other transaction-related documents generated during the process of awarding, accepting, and making payments between transacting parties.

35. Indemnity

You agree to indemnify us, including our officers, directors, agents, subsidiaries, joint venturers, and employees, against any claim or demand, including legal fees and costs, made by any third party due to or arising out of your breach of this Agreement or your infringement of any law or the rights of a third party while using the Website and Gulfinder Services.

Furthermore, we reserve the right to apply any funds in your Account against any liabilities you owe to us or losses suffered by us as a result of your non-performance or breach of this User Agreement.

36. Security

You are required to promptly notify us upon discovering any unauthorized access or security breach related to the Website, your Account, or the Gulfinder Services. It is your responsibility to take immediate actions to mitigate such unauthorized access or security breach, including preserving evidence and informing the relevant authorities. Your User Account is for your personal use only, and you must not share your password with others. You bear sole responsibility for securing your password, and we will not be held liable for any loss or damage arising from unauthorized access to your account due to your failure to secure your password.

37. No Warranty as to Each User’s Purported Identity

We do not have the capability to confirm the purported identity of each User on the Website. While we may offer information about a User, such as a strength or risk score, geographical location, or third-party background check or identity verification, such information relies solely on data submitted by the User. We provide this information as a convenience to Users, and its provision does not constitute an introduction, endorsement, or recommendation by us.

38. No Warranty as to Content

The Website is a dynamic and time-sensitive platform. Consequently, information on the Website may change frequently. It is possible that certain information could be considered offensive, harmful, inaccurate, misleading, mislabeled, or deceptively labeled, either accidentally by us or intentionally by a third party.

Our Services, the Website, and all content on it are provided on an ‘as is,’ ‘with all faults,’ and ‘as available’ basis, without warranties of any kind, either express or implied. Without limiting the foregoing, we make no representation or warranty about:

  1. The Website or any Seller Services or Gulfinder Services.
  2. The accuracy, reliability, availability, veracity, timeliness, or content of the Website or any Seller Services or Gulfinder Services.
  3. Whether the Website or Seller Services or Gulfinder Services will be up-to-date, uninterrupted, secure, error-free, or non-misleading.
  4. Whether defects in the Website will be corrected.
  5. Whether the Website, the Seller Services, or the Gulfinder Services, or any data, content, or material will be backed up or whether business continuity arrangements are in place in respect of the Website, Seller Services, or Gulfinder Services.
  6. Any third-party agreements or any guarantee of business gained by you through the Website, Seller Services, or Gulfinder Services or us.
  7. The Website, Seller Services, or Gulfinder Services, or infrastructure on which they are based, being error or malicious code-free, secure, confidential, or performing at any particular standard or having any particular function.

To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability, and non-infringement.

39. Limitation of Liability 

In no event shall we, our related entities, our affiliates, or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

  1. Any indirect, special, incidental, or consequential damages that may be incurred by you.
  2. Any loss of income, business, or profits (whether direct or indirect) that may be incurred by you.
  3. Any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates, or staff have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation, including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation.

To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion): the supply of the Gulfinder services again or the payment of the cost of having the Gulfinder services supplied again.

40. Legal Limitations

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation. We may plead this User Agreement in bar to any claim, action, proceeding, or suit brought by you against us for any matter arising out of any transaction or otherwise in respect of this User Agreement.

You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users.

41. Notices

Legal notices will be served to the email address you provide to Gulfinder during the registration process. Notice will be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such a case, notice will be deemed given three days after the date of mailing.

42. Law and Forum for Legal Disputes 

This Agreement will be governed in all respects by the laws of New South Wales, Australia. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved, then you and Gulfinder irrevocably submit to the non-exclusive jurisdiction of the courts of Sharjah, UAE.

43. Severability 

The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed, and the remaining provisions will be enforced. This Agreement may be assigned by Gulfinder to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer, you will remain bound by this User Agreement.

44. Interpretation

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

45. No Waiver

Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

46. Communications

You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.

47. Additional Terms

It is important to read and understand all our policies as they provide the rules for trading on the Gulfinder Website. In addition, there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our Websites, including but not limited to:

  • Privacy Policy
  • Code of Conduct
  • Milestone Dispute Resolution Policy
  • Know Your Customer and ID Verification Policy
  • Copyright Infringement Policy
  • API Terms and Conditions
  • Exam Terms and Conditions
  • Subscription Terms and Conditions

Each of these policies may be changed from time to time. Changes take effect when we post them on the Gulfinder Website. When using particular services on our Website, you are subject to any posted policies or rules applicable to services you use through the Website, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.

48. Abusing Freelancer

Gulfinder reserves, to the greatest extent possible, all rights, without limiting any other remedies, to limit, suspend, or terminate our service(s) and/or user account(s), suspend or ban access to our services, remove any content, and to take any and all technical or legal steps to ban users.

Without limiting the reasons for taking the aforementioned actions, conduct giving rise to this response could include:

  1. Use of our services for any illegitimate or non-bona fide purpose.
  2. Creating problems with other users or potential legal liabilities.
  3. Infringing the intellectual property rights of third parties.
  4. Acting inconsistently with the letter or spirit of any of our policies.
  5. Abuse of any staff members, including inappropriate or unreasonable communications.
  6. Abuse or poor performance in the Preferred Gulfinder / Rising Stars Program.
  7. Any attempt to use Gulfinder’s platform or services for any objectionable purpose.

49. Feedback

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by using our customer support website or emailing us at info@gulfinder.com