Terms of Service
Welcome to The Poool.
The following terms of service (these “Terms of Service”), govern your access to and use of the Ooona’s “The Poool” website and service, including any content, functionality and services offered on or through https://the-poool.com/ (the “Site”) by Ooona.Net Ltd. Ooona.Net Ltd and its affiliates and subsidiaries are collectively referred hereto as “Ooona” “we” or “us”.
This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Ooona’s The Poool services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request to [email protected].
The original language of these Terms of Service, as well as all other texts throughout the Site, is English.
Clients are LSP’s or individual users who register with Ooona for access to The Poool directory data base to search online for Participants that have qualifications to provide the services that they require.
The Poool is a directory of Participants which may be accessed and searched by Clients as an online service to enable Clients to find professional, suitably qualified audiovisual translators specializing in different fields and language pairs, that offer the AVT professional services that they require and which provides the contact details of such Participants so that Clients may contact them directly not via the site.
Participants are users who are AVT professionals who elect to register and include themselves in The Poool directory data base to make themselves known to potential Clients that may have need of their services.
The Service means the service we provide to the Participants and the Clients, enabling Participants to make their professional abilities known to a large number of potential Clients and enabling Clients to search and find appropriate Participants with the AVT professional skills that they require.
Overview (Main terms, in a nutshell)
- Only registered Participants may offer their services via The Poool. Registration is free, but Ooona reserves the right to impose a registration fee, or a subscription fee for continued inclusion in The Poool. If any such fee is to be charged, Ooona shall notify the Participants.
- Only registered Clients may search The Poool to find suitable Participants that provide the services that they require. Registration is free, but Ooona reserves the right to impose a registration fee, or a subscription fee, for continued Client access to The Poool. If any such fee is to be charged, Ooona shall notify the Clients.
- Ooona retains the right to use all Client Personal Data and all Participant Personal Data for Ooona marketing and promotion purposes.
- A Client that wishes to retain the services of a particular Participant shall contact the Participant directly using the contact details posted to The Poool. The terms of engagement are determined solely by the Client and the Participant and Ooona shall not take a commission from either the Client or the Participant.
- Ooona is not a party to any agreement made between a Client and Participant and makes no warranty to the Client as to a Participant, including that a Participant is suited to it needs and makes timely deliveries, nor does Ooona make any warranty to the Participant as to the Client, including that the Client will pay in a timely manner for services rendered by the Participant.
- Clients may be able to rate Participants for services provided to them in an Ooona approved rating format and post their ratings to The Poool. Such ratings may then be viewed by other Clients and the rated Participant.
- A Participant that objects to a rating may notify Ooona and set out the basis of the Participant’s objection. Ooona may ask the Client to revise the rating, may remove the rating, or may leave the rating unchanged, all in Ooona’s exclusive discretion.
The Poool is about helping Participants leverage their skills and make them known to potential Clients.
We seek to empower high performing Participants with helpful means to grow their business. Participants that achieve high Client satisfaction by delivering on time and maintaining high quality and ratings, may be rewarded by Ooona with an Ooona rating or accreditation, or other benefits that enhance exposure to Clients.
- By registering for The Pool, a Participant agrees: (i) that Ooona may make use of the Participant’s Personal Data, including storing such data on servers anywhere in the world where Ooona elects, from time to time, to store, or back-up, its data; (ii) that Ooona may display the Participants Personal Data in The Poool data base; and (iii) that Ooona may make the Participant’s Personal Data available for Clients to review wherever the Client is situated in the world and that Ooona may transfer a Participant’s Personal Data to a Client that requests such data, including a Participant’s contact details,.
- All negotiations between a Participant and a Client are strictly between such parties and Ooona shall not be a party to any such negotiations. Any contract entered into between a Participant and a Client is a contract between such parties and payment is to be made by the Client to the Participant in accordance with the payment terms that they determine. Ooona is not a party to such contract, is not entitled to any compensation or commission for the entering into of such contract or the execution thereof and does not guarantee to the Participant that a Client will actually pay in accordance with the terms agreed by the Participant and the Client.
- Participants can gain ratings based on their activity, performance and reputation.
- Participants who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time, risk losing their status and the benefits that come with it.
The Poool is also about helping Clients find AVT professionals with the skill sets that they require without themselves having to invest time and effort in training such professionals.
- Clients that have access to The Poool may make any number of searches of The Poool data base to search for qualified AVT professionals that have skill sets matching to their needs.
- Once having identified a Participant that Client may wish to engage, Client shall contact the Participant directly via the contact details made available by Ooona. All negotiations between Client and Participant are strictly between such parties and Ooona shall not be a party to any such negotiations. Any contract entered into between a Client and a Participant is a contract between such parties, payment is to be made by the Client to the Participant in accordance with the payment terms that they determine. Ooona is not a party to such contract and is not entitled to any compensation or commission for the entering into of such contract or the execution thereof.
- To the extent that a Client rates a Participant, it shall do so in a fair manner and in accordance with Ooona’s rating standards and policies.
- Feedback reviews provided by Clients are an essential part of Ooona’s rating system. Reviews demonstrate the Client’s overall experience with the Participants and their service. Clients are encouraged to communicate to the Participant any concerns experienced during their engagement in regards to the service provided by the Participant.
- Leaving a Client’s feedback is a basic prerogative of a Client. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our community standards.
- To prevent any misuse of our feedback system, all feedback reviews must come from legitimate services executed through the Ooona platform..
- Feedback comments given by Clients may be publicly displayed on a Participant’s page.
Participants should recognize that there might be a need for Clients to disclose certain confidential information to be used by Participants for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Participants agree to treat any information received from Clients as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Participants specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Client’s permission.
- Ooona reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
- Violation of Ooona’s Terms of Service and/or our Community Standards may get your account disabled permanently.
- Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
- Ooona may make changes to its Terms of Service from time to time. When these changes are made, Ooona will make a new copy of the terms of service available on this page.
- You understand and agree that if you use Ooona after the date on which the Terms of Service have changed, Ooona will treat your use as acceptance of the updated Terms of Service.
User Generated Content
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Ooona by our users (Participants and Clients) is User Generated Content. Ooona does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Ooona is not responsible for the content, quality or the level of service provided by the Participants. We provide no warranty with respect to the services provided by Participants, their delivery, or any communications between Participants and Clients. We encourage Users to take advantage of our rating system, our community and common sense in choosing appropriate services.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OOONA NOR ANY PERSON ASSOCIATED WITH OOONA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL OOONA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Ooona, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.