Terms & Conditions

Welcome to Aukazi Enterprise! We are an online platform which connects businesses that are looking to engage temporary warehouse operation staff on an ad-hoc basis to meet their particular requirements, such as covering events, (each such business being the "Client") with individuals who are looking for ad-hoc opportunities to provide their services.These terms and conditions (the "Terms of Service") preside over the use by Clients of the services offered by Aukazi Enterprise via Aukazi Enterprise's website, web application (accessible via the following URL (aukazi.com) and mobile applications. Such services, website and mobile applications are hereinafter together referred to as the "Service". The Service is operated by Aukazi Enterprise Inc. referred to as "Aukazi", "we", "us", and "our". These Terms of Service assume that you are not acting as a consumer when using our Service, however, to the extent that you are considered to be a consumer, you may be entitled to various statutory rights and nothing in these Terms of Service shall be construed to restrict any such rights. If you are a Client, please read these Terms of Service carefully and in conjunction with any other agreement which may be in place between Aukazi and the Client, such as the Aukazi Privacy Policy. Your use of the Service constitutes your acceptance of and agreement to all of the terms and conditions defined herein. Aukazi reserves the right, from time to time, with or without notice, to change these Terms of Service at its sole discretion, and the latest version will appear on the Service with the date that it was last updated. By using the Service after any changes have been posted, you agree to the new terms. If Aukazi makes any significant changes to these Terms of Service, it will notify Clients by email (to the email address registered with Aukazi) in advance.Terms and Conditions

 

1.Definitions and Interpretation

  1.  The following definitions and rules of interpretation apply in these Terms of Service:

  2. "Account" means the Aukazi account you open when you register to become a Client or Worker and use Aukazi's Service;

  3. "Appoint" means the employment or engagement of any individual who is or was an Worker by a Client or any of its Group Companies, whether directly or indirectly or through any employment business other than Aukazi as a direct result of any Engagement or introduction of that individual via the Service to the Client and the terms Appointed, Appoints or Appointment shall be construed accordingly';

  4. "Assignment" means a description of services required that is posted by a Client on the Service which includes without limitation the pay rates, times and locations for the performance of those services;

  5. "Engagement" means a Client's engagement of an Worker via the Service to provide Worker Services in respect of any Assignment;

  6. "Group Company" means in relation to a company (or similar entity) any holding body corporate or subsidiary body corporate of that company (or similar entity) (together with any holding companies or subsidiary companies of such subsidiary) where "holding body corporate" and "subsidiary body corporate" shall have the meaning given in section 1 of the Canada Business Corporations Act R.S.C., 1985, c. C-44;

  7. "Introduction Fee" means the amount set out for the Worker's role;

  8. "Service Fee" means the fee charged by Aukazi to the Client for an Engagement ;

  9. "Shift" means one or more recurring periods in which an Worker provides services in relation to a single Engagement;

  10. "Worker" means an individual who registers with Aukazi to undertake Assignments and Engagements with Clients;

  11. "Worker Services" means the activities to be performed by Workers during the course of any Engagement; and "User" means an Worker or a Client that registers for an Account.

  12. In these Terms of Service headings (including any sections and subsections) are for convenience only and do not affect interpretation.

  13. References to "you" are a reference to a Client.

2.User Accounts

  1. Clients are required to create an Account in order to use the Service. By joining a Client confirms that it is legally capable of entering into binding contracts. Aukazi will provide you with login credentials and introductory documentation.

  2. Should you choose to register for Aukazi’s Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to update such information as necessary in a timely way to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any personal identification numbers or passwords identifiers which you choose or are assigned as a result of any registration over the Service, and (b) all activities that occur under such personal identification number or password. Further, you agree to notify Aukazi of any unauthorized use of your personal identification number or password. Aukazi shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 2.

  3. All User Accounts are associated with individuals. All Users are responsible for their Accounts, including making sure that all User details are correct and kept up-to-date and for ensuring that their password is secure. If a Client has any reason to believe that its Account is being used by anyone else, contact us immediately on info@Aukazi.com. If we believe that a Client's or Worker’s Account has been compromised, we may suspend that account and will contact the Client to try and resolve the problem.

  4. We may, at our absolute discretion, refuse to register any person or entity as a User.

  5. If you have any problems creating an account, logging into your Account or updating your details, please have a look at our FAQs or Contact Us on info@Aukazi.com.

3.Content on our Service

  1. We may change or remove content, functionality or parts of our Service at any time.

  2. The legal rights (including the intellectual property rights) in our Service and any content on it is owned by us, or licensed to us by third parties. Our Service and content may be protected by international copyright laws and database rights. Save for the limited right to use the ordinary functionality of the Service as granted under these Terms of Service, nothing on our Service grants you any license or right to use, alter or remove such material. You may not use our trade marks, logos or other intellectual property without our prior written approval.

  3. From time to time, our Service may include links to other websites, applications or web properties. These links are provided for your convenience to provide further information. We have no control over, or responsibility for, the content of the linked websites, applications or web properties.

  4. We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. The quality of the Service may be affected by a number of factors including, for example, network connection and internal network, as well as any interference or maintenance work. If a disruption or disturbance occurs on the Service or a part of it or if the Service or a part of it is temporarily out of use or inoperative due to repair or maintenance work, updates or reasons beyond our control (force majeure), you accept that such interruptions, disturbances or disruptions do not constitute a defect or delay of or in the Service, and, to the extent permitted by law, we shall not be liable for any consequences of or damages resulting from such interruptions, disturbances or disruptions. We or a third party shall seek to repair the problems or failures as soon as possible and to restore the Service to use as soon as possible under the circumstances. We have the right to update the software included in the Service from time to time.

  5. Your access to our Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will endeavor to restore the Service as soon as we reasonably can.

  6. We do not guarantee that the Service, or any content on it, will be free from errors or omissions.

 

4.User License

  1. We allow Clients to post descriptions of Assignments (which may include, for example, pictures, text, information and/or other types of content) (the "Content").

  2. You hereby grant us an unrestricted, irrevocable, worldwide, non- exclusive, royalty-free, perpetual licence to use, reproduce, modify, adapt, create derivative works from, publish, transmit, communicate to the public, perform and display any of your Content in connection with the provision, operation, maintenance, development, marketing and improvement of the Service and for other business needs of Aukazi. You accept that this means that we are able to use and exploit the Content in any manner and by any means, method or technology (whether now known or hereafter created) and for such purposes (including but without limitation to promoting part or all of the Service). This section does not affect your rights nor our obligations under the Aukazi Privacy Policy.

  3. You irrevocably and unconditionally waive any and all moral rights in any Content.

  4. You are solely responsible for your Content and the consequences of posting or publishing it. We do not endorse any Content or any opinion, recommendation, or advice expressed therein. You also acknowledge that we have no liability in connection with the Content and we cannot guarantee and will not be liable for any unauthorised copying, distribution or use of your Content.

  5. By uploading and publishing your Content you warrant, represent and undertake that you are the creator and owner of the Content, have the right to grant us the rights contain in these Terms of Service and that you will comply with all your obligations regarding uploading content to our Service including without limitation those set out at clause 5.1, below. You warrant that the Content is accurate and complete in all material respects and you have (and will continue to have during your use of the Service) all necessary licenses, rights consents and permissions which are required to enable us to use your Content as contemplated by these Terms of Service.

5.Your use of our Service

 

  1. You agree that you will not: (a) impersonate any other person, conduct yourself in an offensive or abusive manner, or use the Service for any unlawful purposes; (b) fail to deliver the payment for the Worker Services rendered to you; (c) use the Service to solicit for any other business or service, or contact Workers for employment (or any other purpose) not related to use of the Service as envisaged by these Terms of Service; (d) post the same Assignment repeatedly; (e) use virtual private networks, false email addresses or any other means to mask your identity; (f) attempt to access the accounts of other Users or upload, share or submit content containing any spy ware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information; (g) disable or modify any copy protection technology used on the Service; (h) abuse or manipulate the rating/review system on the Service; (i) alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Service or any of the Services; (j) collect, harvest or 'scrape' any data from any web pages contained in the Service; (k) upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libelous, maliciously false, inaccurate, misleading, depicting violence (in an explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation; (l) upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trade mark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law; (m) upload, share or submit any content that is false, deceptive, misleading, deceitful, false, inaccurate or akin to a 'bait and switch' offer; (n) do or omit to do anything which would bring us, the Service, our suppliers or other Users into disrepute or in any way damage our or their reputation; or (o) interfere with another User's use and enjoyment of the Service in any other manner that could damage, disable, overburden or impair the Service.

  2. You acknowledge and agree that if, Aukazi believes that you have violated any of the Terms and Conditions, Aukazi, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to, the website or any of the Services, and remove and discard any information or content that you posted to or transmitted using the Service. You further agree that Aukazi shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Services or with any terms, conditions, rules, policies, guidelines, or practices of Aukazi in operating the Services, your sole and exclusive remedy is to discontinue using the Services.

 

6.Client's Payment Obligations

  1. Clients agree to pay to Aukazi the total amount payable in respect of any Engagement, including but not limited the aggreable rate and an amount to fully and properly account for any payment in lieu of holiday that is or would become due and payable to the Worker in accordance with applicable laws;

  2. Where applicable, Aukazi shall charge GST/HST/QST to the Client at the prevailing rate.

  3. Clients who pay on weekly invoice shall receive an invoice upon the completion of every single booking and shall adhere to the following:

   3.(a)         Unless otherwise agreed, the Client shall pay all invoices by bank transfer within seven (7) days of the date of an undisputed invoice in the currency in which the invoice is rendered. Any amounts not paid when due shall bear interest until paid at the monthly rate of 4% above the then current base lending rate of the Bank of Canada.

   3.(b)       Aukazi may, with or without notice, suspend or terminate the Client's access to the Service if the Client is more than seven (7) days late in paying any undisputed invoice.

   4. Clients who book with a Debit or Credit Card shall use the Stripe system linked on the Aukazi platform which shall charge the             Clients card immediately upon invoicing.

   5. Clients who book with a Debit or Credit Card shall be subject to all Canadian legislation regarding the use of said Credit Cards           and online transactions.

7.Terms of Engagements

  1. In respect of each Engagement, Workers shall be engaged by Aukazi under a contract for services. Workers act for and under the control of Clients for the duration of each Engagement. Aukazi and its Group Companies are not responsible for the actions, omissions, negligence or misconduct of Workers or Clients.

  2. When posting an Assignment (or at any time following a request from Aukazi for the same), the Client will provide Aukazi with details of: (a) the date on which the Client requires the Worker to commence work and the duration, of that work; (b) the position which the Client is seeking to fill, including the type of work the Worker would be required to do, the location at which, and the hours during which, the Worker would be required to work, and any risk to health or safety known to the Client and what steps the Client has taken to prevent or control such risks; (c) the hourly rate at which the Worker would be paid;(d) the experience, training, qualifications and any authorisation which the Client considers necessary, or which are required by law, or any professional body, for the Worker to possess in order to work the Engagement; (e) any expenses payable by or to the Worker;

  3. The Client agrees that the hourly rate at which each Worker is paid for any Engagement.

  4. Once the Client requests a Worker from Aukazi and a Worker has been assigned[1] [2] , the Client shall have access to the following information: (a) the identity of the Worker; (b) the Worker's experience, training, qualifications and authorisations which are necessary for the Engagement; (c) that the Worker is willing to carry out the Engagement; and (d) that the Worker is engaged by Aukazi under a contract for services.

  5. The Client shall provide each Worker with appropriate on-site health and safety training, as may be required by law or otherwise.

  6. The Client shall not, during the course of any Engagement, direct an Worker to work other than in accordance with the terms of the relevant Assignment (as posted by the Client on the Service).

  7. The Client acknowledges and agrees that an Worker may cancel an Engagement at any time without any prior notice and without any liability on the part of Aukazi.

  8. Late Cancellation of an Engagement by the Client, within forty-eight (48) hours of the commencement of the Shift, is subject to a charge equal to the sum of either 25% of the total amount owed for said Assignment, or one hundred and fifty canadian dollars (CDN$150) whichever is less which will be divided and disbursed equally amongst Aukazi and the Worker.

  9. Client requests to change or cancel an Engagement must be submitted to Aukazi's customer service via the Service. Alternatively, requests may also be submitted via email info@Aukazi.com

  10. The Client agrees to: (a) rate Workers based solely on their performance; (b) train Workers to complete the tasks in the Engagement; and (c) report any unexpected Worker absences.

  11. The Client acknowledges that an Worker may refuse to work past the contracted times agreed under the terms of an Engagement. Where the Worker agrees to work overtime, such overtime shall be payable by the Client at the same hourly rate (plus amounts in respect of the Service Fees, payment in lieu of accrued but untaken holiday and National Insurance Contributions) as the rate that has been agreed under the terms of the relevant Engagement. The Client shall be liable to pay for all expenses reasonably incurred by the Worker as a result of working overtime (including without limitation food and travel expenses). Such additional expenses shall be clearly set out on any invoices submitted to the Client.

  12. All additional expenses (such as food and travel) shall be clearly set out on any invoices submitted to the Client and invoiced to the Client.

  13. Aukazi assumes responsibility for the payment of remuneration (including any pay in lieu of accrued but untaken holiday) to Workers and the deduction and payment of all tax, social insurance contributions and other levies applicable to Workers, as required by law.

  14. The Client shall, in its sole discretion, determine whether it shall be present or not when the Engagement/Shift is performed and/or completed. Clients who choose not to be present to oversee the performance of the Engagement/Shift may appoint another person to act on their behalf ("Client's Agent"), in which case the Client must notify Aukazi in writing of any such appointment. The Client also acknowledges that Workers may take and follow instructions given by the Client's Agent as if such instructions were given by the Client. The Client agrees that such instructions are valid and enforceable against the Client and the Client's Agent and the Client shall assume all responsibility and liability for such instructions.

  15. Any changes to the Assignment or the Engagement posted on the Aukazi platform must be done prior to the commencement of the Assignment or the Engagement and is not guaranteed by Aukazi and is the responsibility of the Worker and the Client to verify and confirm amongst each other.

  16. In the event that a change to the Assignment or the Engagement is needed following the commencement of said Assignment or Engagement, the Client shall contact Aukazi directly.

  17. The Client shall not, unless specified in the Assignment, cause or permit Workers to handle or have access to cash or other valuables during any Engagement. The Client acknowledges that in all cases, the Client shall have sole responsibility for any loss suffered as a result of the Worker's handling of cash/valuables in question.

  18. The Client shall not cause or permit any Worker to use a motor vehicle for any business purpose in connection with an Engagement unless the Client has satisfied itself that adequate third-party insurance cover is in place in respect of any such Worker. The Client hereby agrees to indemnify and, at all times, keep indemnified Aukazi and any of its Group Companies against any liability (whether in respect of any insured risk or otherwise) that may arise out of, relate to or be in connection with any Worker's use of any motor vehicle for any purpose requested by the Client. The Client shall, at the time it posts the Assignment, notify Aukazi of the requirement (if any) to use a motor vehicle for any business purpose in connection with that Assignment.

  19. In the event that the Client wishes to retain the Worker indefinitely as a permanent payroll employee  they may do so at the discretion of Aukazi for a fifteen hundred dollars (CDN$1,500) fee.

  20. In the event that the Client wishes to retain the Worker for non-standard lengths of time provided by the Aukazi platform they may do so by contacting Aukazi for a separate agreement.

  21. You agree that Aukazi may call or text you to facilitate the performance of any of your Engagements.

8.Workers

  1. As part of its Service, Aukazi will use reasonable endeavours to confirm the Worker's identity and verify that the Worker has the required skills, qualifications and experience to apply for Assignments and undertake Engagements with the Clients. Notwithstanding the foregoing, Aukazi shall not be liable or responsible to the extent it has been provided with misleading, incorrect, inaccurate, false or fraudulent information by an Worker.

  2. As part of an effort to increase the safety of hiring Workers from the Service, Workers agree to allow Aukazi to conduct initial background checks prior to allowing Workers to gain access to said Service. 

  3. It is the Client's responsibility to supervise the Worker(s) assigned to their Engagements and to ensure that the Worker(s) provide the Worker Services in accordance with the Client's reasonable instructions and to the Client's reasonable satisfaction.

  4. Should any Worker Services prove to be unsatisfactory, Aukazi may (at its sole discretion) reduce or cancel the Service Fee charged for the time worked by that Worker, provided that the Worker leaves the Engagement immediately and in any case within: (a) four (4) hours of the Worker commencing his Engagement where the Engagement is for more than seven (7) hours; or (b) two (2) hours of the Worker commencing his Engagement where the Engagement is for seven (7) hours or less; and provided that the Client notifies Aukazi in writing of the same within 48 hours of the Worker leaving that Engagement.

  5. The Client acknowledges that the Worker is not authorised or permitted by Aukazi to enter into any contract with the Client purporting to be made or on behalf of Aukazi, or to make any statements or representations to the Client purporting to be made by or on behalf of Aukazi and/or receive loans or advances on wages from the Client.

  6. Any Additional hours required or requested by the Client must be completed through the Aukazi platform by inputting an entirely new request.

  7. Aukazi, in its sole and absolute discretion, may, without notice to you, suspend or terminate the Workers use of, or access to, the website or any of the Services, and remove and discard any information or content that you posted to or transmitted using the Service in the event of consistent negative feedback from the Client.

 

9.Liability

  1. Nothing in these Terms of Service limits or excludes our liability for: (i) death or personal injury by our negligence;(ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.

  2. The Client shall follow all guidelines required by both federal and provincial legislation while conforming to all norms and standards imposed by the CNESST.

  3. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or any content on it, whether express or implied.

  4. We will not be liable to you for any lack of performance, or the unavailability or failure of the Service or our services, or for any failure by us to comply with these Terms of Service, where such lack, unavailability or failure arises from any cause reasonably beyond our control. In no event shall we be liable for any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving our Service (including the engagement of Workers via our Service). Any liability we do have for losses you suffer is strictly limited to the monies that we have received from you in connection with your Engagements. We are not responsible for any loss or damage that is not foreseeable at the time when you begin using the Service.

  5. If you are a consumer, you are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable care and skill, and any digital content provided is of satisfactory quality). Nothing in these Terms of Service shall have the effect of excluding or limiting those statutory warranties that may not be excluded or limited by law.

  6. Workers engaged via the Service perform the Engagements under the direction and control of the Client. Aukazi provides matchmaking and platform services only and you agree that Aukazi has no responsibility for any other aspect of service delivery or interaction between Workers and Clients.

  7. Both the Worker and the Client accept to absolve Aukazi and any of its subsidiaries of any liability arising from any employment, legal, or tort dispute between the Worker and the Client and all parties shall in no way involve Aukazi regardless of any fault on its behalf.

  8. In an effort to reduce risk, Aukazi conducts background checks on new Worker applicants prior to permitting their profile to be available on the Service. Clients may additionally conduct up-to-date background checks, and agree to absolve Aukazi of any liability in the event that a Worker obtained a criminal record following their acceptance onto the Services.

  9. Without providing a guarantee on expected outcomes, Aukazi continuously attempts to ensure the best quality Workers by offering a private review system in which previous clients may review Workers to permit the Client to acquire quality candidates.   

10.Legislation and Applicable Laws

  1. Clients hereby warrant that they do and shall, at all times, comply with all relevant statutes, laws, regulations and codes of practice from time to time in force under applicable law.

  2. Clients shall, and shall ensure that any subcontractor or other intermediary (including any Group Companies of the Client, any subcontractor or other intermediary) shall, at all times comply with their obligations under regulations and all other applicable law. This includes but is not limited to: (a) providing rights in accordance with the Canada Labour Code R.S.C 1985; (b) providing Aukazi Users with access to collective facilities and amenities and employment opportunities.

  3. Clients warrant that they shall not post Assignments or participate in Engagements where the Aukazi Users is or would be providing Aukazi Users Services to cover (whether directly or indirectly) duties normally performed by a Worker.

  4. If either you or Aukazi receive an allegation that there has been a breach of any legislation in relation to the supply of a Aukazi Users to the Client using the Service, the receiving party shall provide a copy of that allegation to the other party within seven days of receipt. We shall co- operate with each other in responding to that allegation, including by supplying any information which may be reasonably requested by the other and complying with any reasonable requests in relation to the contents of any response.

  5.  In complying with the Canada Labour Code it is our policy that after 8 continuous weeks of an Aukazi Users working on your site, you will be required to provide to Aukazi when it is asked of you , the pay and working conditions of a permanent employee to ensure that the Worker’s rights under the Canada Labour Code are upheld.

11.Anti-Bribery

Aukazi is committed to applying the highest standards of ethical conduct and integrity in its business activities in Canada and abroad. We take a zero-tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all business dealings and relationships, wherever we operate. Aukazi expects the same commitment from its Clients and you hereby warrant that you comply and shall, for the period in which you use the Service, continue to comply with (i) all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption, including but not limited to the Criminal Code R.S.C 1985, c. C-46; and (ii) any Aukazi Anti-Bribery and Anti- Corruption Policy as may be in force from time to time (to the extent that this applies to Clients).

12.Indemnity

  1. The Client hereby acknowledges and agrees to indemnify and keep indemnified Aukazi, each of Aukazi's Group Companies and each of its and their officers, directors, agents and employees against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your negligence, misrepresentation or breach of these Terms of Service, or your infringement or alleged infringement of any law or the rights of a third party in the course of using the Service.

  2. Aukazi can apply any funds owed to you against any liabilities you owe to Aukazi or loss suffered by Aukazi as a result of your non-performance or breach of these Terms of Service.

13.Dispute between Workers and Clients

You acknowledge and agree that in the event that a dispute arises between you and any Worker in relation to any Assignment/Engagement/Shift you will Contact us on  info@Aukazi.com before taking any action.

14.Other Important Terms

  1. In the event of conflict between these Terms of Service, the Aukazi Service Level Agreement (if applicable) and the Aukazi Privacy Policy, the following order of precedence shall apply: (i) the Aukazi Service Level Agreement (if applicable); (ii) these Terms of Service; and (iii) the Aukazi Privacy Policy.

  2. If any provision or part-provision of these Terms of Service is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms of Service.

  3. Aukazi operates as an employment business. Aukazi is not an employment agency and no Worker is or shall be deemed to be an employee of Aukazi.

  4. Nothing in these Terms of Service is intended to, or shall be deemed to, establish any partnership or joint venture between Aukazi and any Clients or Worker, constitute either Aukazi or any Client the agent of the other, or authorise either Aukazi or any Client to make or enter into any commitments for or on behalf of the other.

  5. This contract is between you and Aukazi. Save for Aukazi's Group Companies and the officers, directors, agents and employees of Aukazi and its Group Companies upon which rights are conferred by these terms (and who may enforce those rights directly against you), no other person has any rights to enforce any of its terms.

  6. You may not assign, sub-licence or otherwise transfer your rights or obligations under these terms to anyone else. You agree that we may assign or transfer any of our rights or obligations under these terms.

  7. If Aukazi delays exercising or fail to exercise or enforce any right available to it under these Terms of Service, such delay or failure does not constitute a waiver of that right or any other rights under these Terms of Service.

  8. Aukazi may suspend, withdraw, discontinue or change all or any part of the Service without notice.

  9. These Terms of Service, together with any documentation referenced within them, constitute the entirety of the agreement between you and Aukazi.

  10. Any notice or other communication given to a party under or in connection with these Terms of Service shall be in writing and shall be (i) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or (ii) sent by email to the address specified in the Client's Account, Service Level Agreement. Notices will be deemed given 24 hours after the e-mail is sent (if sent by email) or the third day after the date of mailing (if sent by post).

  11. These Terms of Service, and any contract between you and Aukazi, are in the English language. The contract between us shall be governed by and interpreted in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to resolve any disputes between us.

 

15.Contacting Aukazi

  1. Our office telephone number is 1(844)4AU-KAZI (1(844) 428-5294). The office is open Monday and Friday from 9.30 AM - 6:00 PM by appointment only.