Acceptable Use Policy

1 About this Policy

This Acceptable Use Policy (the "Policy") governs your access to and use of the website at [www.habiler.com], the Habiler mobile applications, and all related services and communications (collectively, the "Platform") operated by Habiler Inc., a company incorporated under the laws of Saint Christopher and Nevis ("Habiler", "we", "us" or "our").

This Policy is incorporated by reference into, and forms part of, the Habiler Terms and Conditions of Service (the "Terms"), together with the Privacy Policy and all other supplemental terms (collectively, the "Agreement"). Capitalised terms used but not defined in this Policy have the meanings given to them in the Terms, including "User", "Client", "Contractor", "Job", "Chat Thread", "Service Agreement", "Public Areas" and "Territory".

This Policy applies to all Users of the Platform, whether Clients or Contractors, and to any other person who accesses the Platform. By accessing or using the Platform, you agree to comply with this Policy. If you do not agree to this Policy, you may not access or use the Platform.

This Policy is not exhaustive. Habiler may determine, in its sole discretion, that conduct not expressly listed here nonetheless violates this Policy or the spirit of the Agreement, and may act accordingly. Where a Job is performed in a Participating Jurisdiction, the laws of that jurisdiction apply to the conduct of that Job in addition to this Policy.

2 General Standards of Conduct

In your access to and use of the Platform, you must:

comply with all applicable laws of the Participating Jurisdiction in which you access the Platform and in which any Job is performed, including all licensing, building, health and safety, environmental, tax and consumer protection requirements;
provide accurate, current and complete information in your profile, your communications and your Job postings or offers, and keep that information up to date;
communicate and act honestly, professionally and courteously in all dealings with other Users and with Habiler;
honour the commitments you make to other Users, including as to scope, scheduling, attendance and payment;
keep all communication relating to a Job — including scoping, quotation, negotiation, scheduling and payment — on the Platform, before, during and after the Job; and
respect the property, privacy, safety and rights of other Users, of persons present at a Job location, and of the public.

3 Prohibited Conduct — Platform Integrity

You must not, and must not attempt to, and must not permit or encourage any other person to:

use the Platform for any purpose that is unlawful, fraudulent, or prohibited by the Agreement, or in any manner that could damage, disable, overburden or impair the Platform;
create more than one account, create an account on behalf of another person without authority, create an account using a false, misleading or stolen identity, or create a new account after your account has been suspended, deactivated or restricted;
impersonate any person or entity, or misrepresent your identity, affiliation, qualifications, licensure, insurance, or your connection with any person or entity, including falsely claiming to be employed by, engaged by or affiliated with Habiler;
circumvent, or solicit or encourage another User to circumvent, the Platform in order to avoid fees or to transact off-Platform, including by exchanging contact or payment details for that purpose, in breach of the off-platform circumvention provisions of the Terms;
manipulate, falsify, inflate, deflate or otherwise interfere with ratings, reviews, Feedback, or Job completion records, whether your own or those of any other User, including by offering or accepting any incentive in exchange for a review, posting reviews for Jobs that did not occur, or submitting reviews through fake or duplicate accounts;
access, tamper with, or use non-public areas of the Platform, Habiler's computer systems, or the technical delivery systems of Habiler's providers;
probe, scan or test the vulnerability of any system or network, or breach or circumvent any security or authentication measure;
scrape, crawl, harvest, data-mine, index or copy any content, data or information from the Platform by any automated or manual means, or use any robot, spider, or other automated device or process to access the Platform, except as expressly permitted in writing by Habiler;
introduce to the Platform any virus, worm, Trojan horse, time bomb, spyware, malware, or other harmful or malicious code;
reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Platform, except to the extent this restriction is prohibited by applicable law;
use the Platform to send unsolicited communications, promotions or advertising, or any spam or chain messages;
resell, sublicense, rent, lease or otherwise commercially exploit the Platform or access to it, except as expressly permitted under the Agreement; or
take any action that imposes, or may impose, an unreasonable or disproportionately large load on Habiler's infrastructure.

4 Prohibited Content and Communications

You must not post, upload, transmit, submit or otherwise make available through the Platform, whether in your profile, a Job posting, a Chat Thread, a Public Area, a review or otherwise, any content that:

is false, inaccurate, incomplete, deceptive or misleading, including as to your identity, qualifications, licensure, insurance, pricing, or the nature or scope of a Job;
is defamatory, libellous, malicious, threatening, abusive, harassing, obscene, indecent, hateful, or otherwise objectionable;
is discriminatory, or promotes discrimination, on the basis of race, colour, national or ethnic origin, sex, gender, sexual orientation, religion, disability, age, marital status or any other characteristic protected under the law of a Participating Jurisdiction;
infringes any patent, trade mark, trade secret, copyright, database right, or other intellectual property, proprietary, publicity or privacy right of any person;
contains, offers, or facilitates the sale or delivery of any illegal, counterfeit, stolen, prohibited or dangerous goods or services, including alcohol, tobacco, firearms, ammunition, weapons, or any controlled, prohibited or illegal substance;
is pornographic or sexually explicit, or that constitutes, promotes or facilitates child sexual abuse material or any exploitation of, or harm to, a minor;
promotes, facilitates or provides instruction on any illegal or dangerous activity, including violence, terrorism, self-harm, or the evasion of law enforcement;
discloses the private or personal information of any third party without that person's consent, or that would breach any obligation of confidence or any data protection law;
contains any unsolicited advertising, promotional material, or solicitation to buy or sell any product or service outside the Platform, or that solicits another User to move a transaction off the Platform;
contains any telephone number, email address, physical address, website, social media handle, or other contact or payment detail, where the purpose or effect is to enable a transaction to be conducted off the Platform in circumvention of the Terms; or
contains any software virus or other harmful code, or any material designed to interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.

5 Additional Obligations of Clients

If you are a Client, you must, in addition to the general standards above:

accurately and completely describe each Job, including its scope, location, access arrangements, and any specific hazard, obstacle or impediment at the Job location, whether visible or concealed, that may affect its performance;
ensure that the Job location is safe for the Contractor to perform the Job, and disclose any known risk to health or safety at that location;
ensure that you have the right, or the authority of the owner or occupier, to have the Job performed at the location, and that the Job may lawfully be performed there;
be present, or ensure that an authorised Client Agent is present, at the time agreed with the Contractor, and provide reasonable access, facilities and information necessary for the Job;
pay the agreed price for a Job in accordance with the Service Agreement and the Fees, Payments and Cancellation Supplemental Terms, and not withhold payment other than in good faith and on reasonable grounds;
not direct or pressure a Contractor to perform any work that is unlawful, that requires a licence, permit or registration the Contractor does not hold, or that would be performed in an unsafe manner; and
not engage a Contractor for any purpose that is unlawful or that is inconsistent with the Agreement.

6 Additional Obligations of Contractors

If you are a Contractor, you must, in addition to the general standards above:

hold and maintain, at your own expense, all licences, permits, certificates, registrations and insurance required by the law of the Participating Jurisdiction in which you perform Jobs, and provide evidence of the same to Habiler on request;
only offer and accept Jobs which fall within your competence, expertise, and lawful scope of practice, and decline any Job you are not qualified, licensed or insured to perform;
perform each Job with reasonable skill and care, in a safe, competent and workmanlike manner, in accordance with the Service Agreement, applicable building and safety codes, and good industry practice;
comply with all applicable health, safety, building, electrical, plumbing, environmental and waste-disposal requirements in the performance of Jobs, and take reasonable steps to protect the safety of the Client, other occupants, and the public;
accurately represent your identity, business name, qualifications, licensure, insurance, experience and pricing, and not make any false or misleading claim in respect of the same;
provide your own tools, equipment, materials and supplies, unless otherwise agreed with the Client in the Chat Thread, and ensure that they are safe and fit for purpose;
respond to Client communications and invitations promptly, attend at the agreed time, and give the Client reasonable notice of any delay, cancellation or change;
where you engage a Contractor Assistant, do so only with the Client's prior approval in the Chat Thread, ensure the Contractor Assistant is a registered Contractor and meets all applicable requirements, and remain fully responsible for that person's acts and omissions;
promptly disclose to Habiler in writing any criminal conviction (other than a minor fixed penalty traffic offence), any loss or suspension of a required licence or insurance, and any material complaint, claim or regulatory action relating to your work; and
issue such invoices or receipts to Clients as are required by applicable law, and account for all applicable taxes.

7 Safety, Harassment and Off-Platform Interactions

Habiler is committed to the safety of its Users. You must not use the Platform, or any interaction arising from the Platform, to threaten, stalk, harass, abuse, intimidate, defraud, or cause harm to any other User or any other person. You must not solicit, arrange or engage in any violent, sexual, exploitative or otherwise unlawful conduct through or in connection with the Platform.

You acknowledge that Jobs are performed in person, often at private residences, and that interactions between Users take place beyond Habiler's control. Habiler does not supervise, direct or monitor the performance of Jobs, and is not responsible for the conduct of any User, whether on-line or off-line. You are solely responsible for taking appropriate precautions when meeting, admitting, or working with any other User, and for satisfying yourself as to their identity and suitability.

If you feel unsafe, or witness or experience any conduct that threatens the safety of any person, you should contact the local police or emergency services in the relevant Participating Jurisdiction immediately, and should report the matter to Habiler as soon as practicable thereafter.

8 Data Protection and Privacy

In your use of the Platform, you must handle any personal data you obtain about another User only for the purpose of arranging, performing or completing a Job, and in accordance with the data protection law of the relevant Participating Jurisdiction and Habiler's Privacy Policy. You must not retain, use, disclose or transfer another User's personal data for any unrelated purpose, including marketing, without that User's consent. You must not compile, use or distribute any directory or database of Users or their information derived from the Platform.

9 Reporting Violations

If you become aware of any content or conduct that you believe violates this Policy, the Agreement, or applicable law, you are encouraged to report it to Habiler at [abuse@habiler.com] or through the reporting tools made available on the Platform. Please provide sufficient detail to allow Habiler to identify and investigate the matter. Habiler may, but is not obliged to, investigate any report, and will handle reports in accordance with the Agreement and applicable law.

10 Monitoring and Enforcement

Habiler has no obligation to monitor the Platform, User Generated Content, or the conduct of Users, but reserves the right to do so, and to investigate any actual or suspected violation of this Policy or the Agreement.

Without limiting any other right or remedy available to it under the Agreement or at law, and at its sole discretion, Habiler may take any one or more of the following actions in response to an actual or suspected violation of this Policy:

issue a warning to the User;
remove, edit, disable, restrict access to, or refuse to publish any content;
limit, suspend or restrict the User's access to or use of all or part of the Platform, whether temporarily or permanently;
suspend or deactivate the User's account in accordance with the Terms;
withhold, set off or reverse payments, or charge any fee (including any Circumvention Fee) provided for under the Agreement;
take steps to preserve, and to disclose to the affected party, information necessary to allow a party whose rights are alleged to have been infringed to pursue a claim directly;
report the conduct to, and cooperate with, the police, regulators, or other competent authorities in the relevant Participating Jurisdiction; and
take any legal action available to it, including seeking injunctive relief and damages.

Where required by applicable law, Habiler will give the User written notice of any determination made under this Section, and the User may appeal that determination in accordance with the Terms. Habiler will not be liable to any User or third party for any action taken in good faith under this Policy.

11 Changes to this Policy

Habiler may review, change, modify, update, supplement or replace this Policy from time to time in accordance with the change provisions of the Terms. Notice of any change may be given by posting the updated Policy, or notice of it, on the Platform, by email, or in any other reasonable manner, and the change will take effect upon such posting. Your continued use of the Platform after a change takes effect constitutes your acceptance of the Policy as amended.

12 Relationship to the Agreement

This Policy supplements, and does not limit, the Terms and the other components of the Agreement. In the event of any conflict between this Policy and the Terms, the Terms shall prevail. Any dispute, controversy or claim arising out of or relating to this Policy is subject to the dispute resolution and arbitration provisions of the Terms, and this Policy is governed by the laws of Saint Christopher and Nevis, in each case as set out in the Terms.