WELCOME TO MASSOLUTIONS
BY REGISTERING FOR AND USING THE SITE, YOU CERTIFY THAT (1) YOU ARE AT LEAST 18 YEARS OLD; (2) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT AND BIND YOURSELF; (3) YOU AUTHORIZE THE ELECTRONIC TRANSFER OF FUNDS TO YOU IN ACCORDANCE WITH SECTION 4 OF THIS INDEPENDENT CONTRACTOR AGREEMENT; AND (4) YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE TERMS AND CONDITIONS OF THE PAYMENT SERVICE DESCRIBED IN SECTION 4 AND ALL APPLICABLE POLICIES, PROCEDURES AND GUIDELINES. This Independent Contractor Agreement (the "Agreement") is between you and Crowdsourcing Asia (as defined below) and governs Crowdsourcing Asia's and your respective rights and obligations with respect to the Services (defined below) you provide on or through the Site (as defined below).
For purposes of this Agreement, (a) "Crowdsourcing Asia", "CSA", "we", "us" or "our" means Crowdsourcing Asia Sdn. Bhd. (Company Registration Number: 1064631-P), a Malaysian private limited company, (b) "Site" means the Crowdsourcing Asia web site located at https://www.massolutions.com
and any successor website thereto, including all services provided by us to you through the service platform on the Site, (c) "Services" means any service that you provide or task you perform on or through the Site, (d) "Affiliate" means any entity controlled by, in control of, or under common control with Crowdsourcing Asia, (e) "Customer" means our customers who generate requests for independent contractors to perform services and tasks, and (f) "independent contractor" means you, if you use the Site to perform Services for Crowdsourcing Asia or our Customers.
This Agreement consists of the terms and conditions set forth in this document together with all applicable policies, procedures and/or guidelines that appear on the Site from time to time (collectively, the "Policies" which are hereby incorporated by this reference into, and made part of, this Agreement). Crowdsourcing Asia reserves the right to change any of the terms and conditions contained in this Agreement and/or any Policies governing the Site, at any time, in its sole discretion. Any changes will be effective upon posting of the Agreement or Policies on the Site and may be made without any other notice of any kind. You are at all times responsible for reading and understanding each version of this Agreement and the Policies. YOUR CONTINUED USE OF THE SITE FOLLOWING CROWDSOURCING ASIA'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT (INCLUDING TO ANY OF THE POLICIES INCORPORATED HEREIN), DO NOT CONTINUE TO USE THE SITE.
a. Registration. When you register with the Site, you will be asked to provide us with, at a minimum, information which includes but not limited to your name, a valid email address and your MyKAD number. You agree to provide us with true and accurate information, and to update that information to the extent it changes in any way. When registering or updating your information, you will not impersonate any person or use a name that you are not legally authorized to use. You may only register once with the Site. You shall not perform Services for Crowdsourcing Asia or our Customers other than in accordance with the specifications provided to you.
b. Passwords and Account Use. You are solely responsible for maintaining the secrecy and security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on the Site. If your password is compromised, you must change your password. You may not permit any other person to perform Services using your Massolutions account. Additionally, you may not use different Massolutions accounts to perform Services.
2. Crowdsourcing Asia's Role.
Crowdsourcing Asia operates Massolutions which is an online platform for crowdsourced independent contractors to perform services on behalf of Crowdsourcing Asia and our Customers. Crowdsourcing Asia has no control over the quality, safety or legality of the Services our Customer ask independent contractors to provide or whether you are qualified or capable of providing the Services to the reasonable satisfaction of Crowdsourcing Asia or our Customers. We are not responsible for the actions of our Customers or you. In the event we screen or qualify independent contractors to perform certain Services, we are not recommending that you are capable of performing the Services. As an independent contractor, you use the Site at your own risk.
3. Your Use of the Site and Provision of Services.
a. Payment Subject to Acceptable Performance. Upon successful completion of Services to the reasonable satisfaction of Crowdsourcing Asia or our Customers, you are entitled to be paid for your Services. If Crowdsourcing Asia or our Customer is not satisfied with the Services you perform, then we may reject and repost the Services. Please review the applicable task fee for each paid-task on the Site included within the task information for all compensation associated with your performance of Services pursuant to this Agreement. All fees are in Ringgit Malaysia (RM) unless stated otherwise. You will not contact our Customers other than through the Site.
b. Ownership of Your Work Product. As an independent contractor, Crowdsourcing Asia and the Customer for whom you provide Services is your client, and as such, you agree that the work product of any Services you perform is deemed a "work made for hire" for the benefit of Crowdsourcing Asia and our Customer, and all ownership rights, including worldwide intellectual property rights, will vest with Crowdsourcing Asia or our Customer immediately upon your performance of the Service. To the extent any such rights do not vest in Crowdsourcing Asia or our Customer under applicable law, you hereby assign or exclusively grant (without the right to any compensation) all right, title and interest, including all intellectual property rights, to such work product to Crowdsourcing Asia and our Customer.
c. Materials You Submit. You agree any information, records, files, answers, feedback, content, data or other materials (collectively, "Materials") that you submit to us or our Customers through the Site shall comply with Crowdsourcing Asia's Policies. You represent and warrant that you have all rights necessary to submit the Materials. You hereby grant to Crowdsourcing Asia and its Affiliates a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Materials, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Site.
d. Independent Contractor, Not Employment. You are performing Services for Crowdsourcing Asia and our Customer in your personal capacity as an independent contractor and not as an employee or prospective employee of Crowdsourcing Asia or our Customer. You specifically acknowledge and agree to the following: (i) you will not be entitled to any of the benefits that our Customers or Crowdsourcing Asia may make available to its employees, such as vacation pay, sick leave, insurance programs, including group health insurance or retirement benefits; (ii) you are not eligible to recover worker's compensation benefits in the event of injury; (iii) you will not use robots, scripts or other automated methods to complete the Services; (iv) you will submit all work product through the Site only, and not directly to our Customer; (v) you will provide Crowdsourcing Asia and our Customers for whom you perform Services with any information reasonably requested by them in connection your performance of such Services; (vi) you are responsible for, and have and will, comply with all applicable laws and registration requirements, including those applicable to independent contractors; (vii) this Agreement does not create an association, joint venture, partnership or franchise, employer/employee relationship between you and our Customers, or you and Crowdsourcing Asia; and (viii) you will not represent yourself as an employee or agent of our Customers or Crowdsourcing Asia. If you have any questions about your obligations to comply with local laws and regulations pursuant to Section 5, you should seek independent legal advice.
e. Tracking Your Performance. You must supply accurate and complete information for all Services in accordance with our data requirements, as may be designated by us from time to time, including in the Policies. You recognize and agree that Crowdsourcing Asia will implement mechanisms allowing us and others to track and rate your performance of Services, and Crowdsourcing Asia reserves the right to collect feedback regarding your performance and to post such feedback on the Site. You may not take any actions that may undermine the integrity of our feedback system.
f. Customer Service. Crowdsourcing Asia will be responsible for and will have sole discretion regarding all customer service issues relating to use of the Site and its features.
g. No Employment Benefits. You and only you decide which and how many Services to provide and when and where you provide them. You are free to spend as much or as little time completing Services as you choose. At no time are you under any obligation to perform Services. Neither your use of the Site nor anything in this Agreement creates an employment, partnership, joint venture, agency, franchise, or sales representative relationship between you and Crowdsourcing Asia. We do not provide you with any equipment or tools to complete a task. We do not provide you any benefits, workers compensation, or insurance coverage. We are not responsible for any expenses you incur in using the Site. We will not withhold any amount from your reward for income tax or any other tax. You are free at all times to perform tasks for any person or business, including any of our competitors. You do not have the authority to enter into any contract, written or oral, on behalf of Crowdsourcing Asia.
a. Payment Service. Crowdsourcing Asia or its Affiliates will process all payments to you through an online payment service (the "Payment Service") enabled through the Site, such as PayPal or other similar services. We reserve the right to terminate or suspend a Payment Service.
b. Payment Cycle. The payments are calculated on the 10th of the month for the mid-month payment run and on the 25th of the month for the end-of-month payment run. If a worker has earned a minimum of RM100 on the digital work portal by either the 10th or the 25th of the month the worker will receive his or her earnings within 24-48 hours of the corresponding mid-month or end-of-month payment cycle.
c. Payment Thresholds. We have set the minimum earning level for a digital worker to receive a payment at RM10. This is for two reasons (i) to ensure the worker does not pay a disproportionately high fee to have their worker payment processed as a percentage of their total earnings, and (ii) to help ensure that digital workers are motivated to successfully perform a sufficiently number of tasks. As long as a worker has earned a minimum of RM10, the worker will receive the amount due, less the RM2 worker payment processing charge, within 60 days of earning the task processing reward. As an incentive for the worker to continue working and to increase his or her payout amount and receive payment sooner than 60 days, once they have reached a minimum of RM100 the worker will be paid at the time of the next payment processing run.
d. Payment Processing Fee. Workers are liable for the payment processing costs of RM2 associated with the processing of worker payments. For example, if a worker has earned RM100 by say the 9th September (i.e. One day before the cut-off period for the mid-month payment run), the worker will receive RM98 by the end of the business day on the 17th September, within 48hrs of the mid-month payment run. This represents the earned RM100 less a RM2 payment processing fee.
e. Disbursement of Funds.
i. Funds will only be disbursed in compliance with applicable laws and regulations. You may not transfer or assign your right to be paid.
ii. Funds will only be disbursed if Worker has provided accurate and current information in their worker profile for the following fields:
- MyKAD ID
- Full Name as it appears on MyKAD ID
- Bank Account Name (associated with MyKAD ID number)
- Bank Account Number
- Valid email address
f. Restrictions and Limitations. We reserve the right to delay the transfer or disbursement of any amounts, in each case for any reason in our sole discretion, including, without limitation, if we believe that you are in violation of this Agreement. We reserve the right to restrict the transfer to you of any amounts for such time as we reasonable deem necessary to protect us or others: (i) if we are subject to financial risk, (ii) if you violate any term of this Agreement or the Policies, (iii) if any dispute exists involving the Services you provided, or (iv) in connection with fraudulent, abusive or unlawful activities as determined by us. Further, we reserve the right to restrict the transfer to you of any amounts for up to an additional ten (10) Business Days (as defined below) following the acceptance of the Services by us or our Customer.
g. Our Liability. We (and our Affiliates) facilitate the performance of services by independent contractors on behalf of our Customers. We will be entitled to rely on the instructions of our Customers and you without any further inquiry or liability whatsoever. We will not be liable if we are not able to disburse payment to you for any reason, including, but not limited to:
i. If the Payment Service is not working properly;
ii. If circumstances beyond our control (such as, but not limited to, power outages, fire, flood, mechanical or systems failure) prevent the reliable disbursement of funds to you, despite reasonable precautions we have taken;
iii. If we are instructed by subpoena or order issued by a court or governmental body not to disburse funds to you;
iv. If we believe payment will be intercepted by legal process or other encumbrances restricting disbursements to you;
v. If your participation in the Site has been terminated or suspended for security purposes;
vi. If we are unable to confirm your identity or have reason to believe that the transfer requested is unauthorized; or
vii. If you have not provided us with correct, current and complete Information.
viii. If we have made multiple attends to process the payment and have been unable to make a payment to you for no fault of our own.
h. No Interest. Interest will not be paid on any amounts held by us prior to payment to you.
i. Errors. If you believe that any payment initiated by us (or our Affiliates or the Payment Service Provider) is erroneous, or if you need more information about any disbursements, you should contact us as soon as possible at email@example.com
5. Compliance with Laws.
a. Taxes. You agree that it is your responsibility to determine any and all taxes and duties, incurred or required to be collected, paid or withheld for any reason in connection with your performance of Services ("Taxes") and to report and remit correct taxes to the appropriate tax authority, and to otherwise be responsible for the payment of any and all Taxes. YOU ALSO AGREE THAT CROWDSOURCING ASIA AND ITS AFFILIATES ARE NOT OBLIGATED TO DETERMINE WHETHER TAXES APPLY AND ARE NOT RESPONSIBLE TO COLLECT, REPORT, OR REMIT ANY TAXES.
b. Permits. You agree that is your responsibility to determine whether and to what extent you are required to hold any permits, registrations, authorization or filings (including without limitation with respect to the transfer of technology) by any governmental agency in any jurisdiction in which you are performing Services ("Permits"). YOU ALSO AGREE THAT CROWDSOURCING ASIA AND ITS AFFILIATES ARE NOT OBLIGATED TO DETERMINE WHETHER ANY SUCH PERMITS APPLY TO YOU OR THE SERVICES YOU PERFORM.
c. Compliance with Laws. The Site may be used only for lawful purposes and in a lawful manner. You may not use the Site in any manner that violates any applicable law or governmental regulation. In addition to your obligations with respect to Taxes and Permits the above clause, you also agree to comply with all applicable laws, statutes,
and regulations of any jurisdiction in which you perform Services.
d. Investigation. Crowdsourcing Asia has the right, but not the obligation, to monitor any activity, content and Materials associated with the Site. Crowdsourcing Asia may investigate any reported violation of its Policies or complaints and take any action that it deems appropriate.
6. Disclosure of Information; Confidentiality; Privacy.
a. Use of Data. Personal data is collected and processed by Crowdsourcing Asia and Malaysia Digital Economy Corporation ("MDEC") for the eRezeki Program, and the Digital Malaysia B40 Initiative, including for the purposes of recruitment and for any other purposes listed below and as described in the "Statement of Personal Data Protection" which is available on the MDEC's website (http://www.mdec.my/pdp
) and MSC Malaysia's website (http://www.mscmalaysia.my/personal-data-protection
). CSA and MDEC are committed to the protection of your personal data and compliance of all applicable personal data protection laws and regulations in Malaysia.
- Communication purposes, such as customer service or providing information about the activities, products, services, events and programmes that may be organized, managed, facilitated, provided, sponsored and/or participated by Crowdsourcing Asia
- Customizing the Services
- Improving the Site
- To facilitate payments
- To conduct research, study, assessment, survey and/or prepare reports/statistics for purpose of Crowdsourcing Asia's business activities
- To comply with any legal or regulatory requirements applicable to Crowdsourcing Asia, and to make disclosure under the requirements of any law, regulation, direction, court order, by-law, guideline, circular or code applicable to Crowdsourcing Asia
b. Storage of Information. Crowdsourcing Asia uses hosting provider Amazon Web Services, therefore your information may be transferred to and stored on servers in various locations both in and outside of Malaysia. Crowdsourcing Asia protects your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration.
c. Your Use of Data and Communications. You may use information or other data made available to you on the Site solely to the extent necessary for you to perform Services and use the Site and for no other purpose, including but not limited to, for purposes of solicitation, job prospecting, advertising, marketing, unsolicited e-mail or spamming, harassment, invasion of privacy, or otherwise objectionable conduct.
d. Press Releases and Public Disclosures. You may generally publicize your use of the Site, however you may not issue any press release with respect to Crowdsourcing Asia or the Site, without Crowdsourcing Asia's express prior written consent.
7. No Warranties.
THE SITE IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CROWDSOURCING ASIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
a. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT;
b. THAT THE SITE AND THE PAYMENT SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY;
c. THAT ASSIGNMENTS MADE AVAILABLE TO YOU ON THE SITE WILL BE AS REPRESENTED BY OUR CUSTOMER OR CROWDSOURCING ASIA;
d. THAT THE SERVICES YOU PERFORM ARE LAWFUL;
e. THAT YOU ARE QUALIFIED OR CAPABLE OF PERFORMING THE SERVICES; OR f. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
8. General Release.
YOU HEREBY RELEASE CROWDSOURCING ASIA AND ITS AFFILIATES (AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES) FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL, CONSEQUENTIAL AND OTHERWISE) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE BETWEEN YOU AND OUR CUSTOMERS.
9. Indemnity; Limitation of Liability.
a. Indemnity and Defense. You will indemnify and hold harmless Crowdsourcing Asia and its Affiliates (and their respective employees, directors, agents and representatives) and our Customers from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity ("Claim") that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; (ii) your Services and any Materials, including any actual or alleged infringement of any intellectual property or proprietary rights by any of your Services or Materials; and/or (iii) your failure to comply with any applicable laws and regulations in connection with your use of the Site.
b. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CROWDSOURCING ASIA AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE PAYMENT SERVICE, OR ANY SERVICES YOU PERFORM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CROWDSOURCING ASIA'S OR ITS AFFILIATES' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES CONTEMPLATED HEREBY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED THE AMOUNT OF FEES EARNED BY CROWDSOURCING ASIA IN CONNECTION WITH YOUR PERFORMANCE OF SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
c. Class Action Waiver. You waive any right you have for any dispute to be brought, heard, or arbitrated as a class, collective, or representative action. Notwithstanding any other clause contained in this Agreement, the preceding sentence shall not be severable from this Agreement in any case. Any claim that all or part of this waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. You will not be retaliated against or prevented from completing tasks on the Site as a result of your exercising your rights under Section 7 of the National Labor Relations Act, or by the filing of or participation in a class, collective or representative action in any forum, but we may lawfully seek enforcement of this class action waiver, and seek dismissal of such class, collective or representative actions or claims. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
10. Arbitration; Applicable Law.
a. Generally. i. Applies Only to Legal Claims. This Section 10 governs only those disputes that arise under this Agreement, the outcome of which depends on whether Crowdsourcing Asia is in default of its contractual or other legal obligations (a Legal Claim ). Legal Claims include (A) disputes as to indemnification under Section 9 (Indemnity; Limitation of Liability) or any of the Policies, (B) the formation, validity, binding effect, applicability, scope, interpretation, performance, breach or termination of this Agreement or any of the Policies or (C) any dispute that arises out of or relates to your use of the Site, including any claim related to whether or not you classify as an independent contractor or are entitled to employment benefits. ii. Matters Specifically Not Subject to Section 10 Dispute Resolution Procedures. Requests for injunctive or other equitable relief by Crowdsourcing Asia are not considered a Legal Claim. Matters that according to this Agreement are within the discretion of Crowdsourcing Asia shall be resolved by Crowdsourcing Asia and are not considered a Legal Claim.
b. Dispute Resolution Procedures. i. Negotiation. Crowdsourcing Asia or you may give notice of a Legal Claim to the other. For a period of 30 days from receipt of the notice, Crowdsourcing Asia or you will consult with each other in a good faith effort to resolve the Legal Claim. ii. Mediation. If the Legal Claim is not settled within the 30 days, either Crowdsourcing Asia or you may provide the other with a notice for mediation. After delivery of that notice, the Members will attempt in good faith to settle the matter by mediation. iii. Binding Arbitration. If within 30 days after receipt of the notice for mediation, the mediation does not result in settlement of the Legal Claim, then the Legal Claim will be finally resolved by arbitration administered by The Malaysian Institute of Arbitrators. The Malaysian Arbitration Act 2005 governs this clause, and you acknowledge that this Agreement evidences a transaction in commerce. Crowdsourcing Asia or you may initiate arbitration by notice to the other any time after expiration of 60 days from receipt of notice of the Legal Claim provided for in Section 10(b)(i), whether or not mediation has been initiated or completed unless the mediation was completed by agreement of the parties as reflected in a written agreement.
c. Arbitration Terms. Any arbitration will comply with the following terms:
i. Formation of Tribunal. The arbitration tribunal will consist of an arbitrator appointed by The Malaysian Institute of Arbitrators.
ii. Location of Arbitration. Any arbitration proceeding under this section will take place by default no more than 100 kilometers from your residence unless you reside in remote area, in which case the arbitration will take place entirely electronically or telephonically. Arbitration may take place at any other location if agreed to by every party in writing. Regardless of its location, any party may opt to appear at the arbitration via live video or teleconference.
iii. Conduct of Arbitration. The arbitration will take place in and will exclude any right of application or appeal to any court in connection with any question of law or fact arising in the course of the arbitration or with respect to any award made.
iv. Costs and Fees. Crowdsourcing Asia and you shall each bear their respective costs for legal representation at any such arbitration, except to the extent that attorney s fees are explicitly provided for by law. Crowdsourcing Asia and you will split any initial administrative fee charged by the arbitrator. The cost of the arbitrator and court reporter, if any, shall initially be borne by Crowdsourcing Asia; however, the arbitrator shall have the discretion to award appropriate costs to the prevailing party, as provided by law, and/or to require the parties to split the costs associated with the arbitrator and/or court reporter.
v. Awards. The arbitration award will be final and binding on the Crowdsourcing Asia and you, will not be subject to judicial appeal, will not include any punitive damages and will deal with the allocation of costs of arbitration, including legal fees and all related matters. Any monetary award will stipulate a rate of interest, deemed appropriate by the arbitrator, which will run from the date notice of Legal Claim was given until the date when the award is fully satisfied. The arbitration award will be promptly satisfied by the person against whom it is granted, free of any deduction or offset.
d. Applicable Law. The laws of Malaysia govern this Agreement and any controversy, dispute, or claim arising from your use of the Site.
You may at any time elect to stop using the Site, provided that in discontinuing any Site activities, you must use Crowdsourcing Asia's standard functionality and further must abide by all applicable Crowdsourcing Asia Policies. Crowdsourcing Asia, in its sole discretion, may terminate this Agreement, suspend access to the Site, or remove any Service listings immediately without notice for any reason.
12. General Provisions.
a. Entire Agreement. This Agreement and the general terms and conditions of the Site, including the Policies, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
b. Amendments. Crowdsourcing Asia may amend this Agreement and the general terms and conditions of the Site, including the Policies, at any time by posting a revised version of them on the Site. You are responsible for checking the Site regularly for any such changes. In the event of any such change, you may continue to access or use the Site after the revisions become effective, in which case you agree to be bound by the revised Agreement. If you do not agree to any new terms we introduce, please stop using the Site.
c. Assignment. You may not assign this Agreement without our prior written consent. We may assign this Agreement at any time, without notice. Subject to the foregoing, this Agreement will be binding on each party's successors and permitted assigns.
d. Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
e. No Waiver. We will not be considered to have waived any of our rights or remedies, or portion thereof, unless the waiver is in writing and signed by us. Crowdsourcing Asia's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Crowdsourcing Asia's right to subsequently enforce such provision or any other provisions of this Agreement.
f. Notices. All notices relating to this Agreement (including the Payment Service) will be sent by e-mail or will be posted on the Site. We will send notices to you at the e-mail address maintained in our records for you. You must send notices to us at our current e-mail address published on the Site. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the business day after transmission if properly addressed to the intended recipient.
Last updated: April 21, 2016