PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In this Agreement, the words “including” and “include” mean “including, but not limited to.”
“Clients” are individuals and/or businesses seeking to obtain task/chore services (“Job” or “Jobs”). “Service Provides” are third party individuals and/or businesses seeking to perform Jobs for Clients. Clients and Service Providers together are hereinafter referred to as “Users.”
SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OF CHORERELIEF. CHORERELIEF DOES NOT PERFORM JOBS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORMJOBS. USERS HEREBY ACKNOWLEDGE THAT CHORERELIEF DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A SERVICE PROVIDERS WORK AND IS NOT RESPONSIBLE FOR THE WORK PERFORMED OR THE JOBS IN ANY MANNER.
The actual Services constitute a technology platform that permits users of ChoreRelief‘s cellular applications and/or websites provided within the Services (each, an “Application”) to set up and schedule a Job with Service Providers of such Jobs.
Unless otherwise agreed by ChoreRelief in a very separate written agreement with User, the Services are made available for personal or commercial use. USER ACKNOWLEDGES THAT CHORERELIEF DOES NOT COMPLETE JOBS. CHORERELIEF ‘S SERVICES CAN BE UTILISED BY CLIENT TO OBTAIN AND SCHEDULE JOBS WITH SERVICE PROVIDERS, BUT CLIENT AGREES THAT CHORERELIEF DOES NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR USER REQUIREMENTS RELATED TO ANY JOB PROVIDED FOR USER REQUIREMENTS BY SERVICE PROVIDERS BY USING THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. CHORERELIEF DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF THE SERVICE PROVIDERS. IT IS SOLELY CLIENTS’ OWN RESPONSIBILITY TO DETERMINE IF AN UNAUTHORISED PROVIDER WILL MEET CLIENT NEEDS AND EXPECTATIONS. CHORERELIEF WILL NOT ENGAGE IN DISPUTES BETWEEN CLIENT AND AN UNAUTHORISED PROVIDER. BY USING SERVICES, CLIENT ACKNOWLEDGES THAT CLIENT MIGHT BE EXPOSED TO SITUATIONS INVOLVING SERVICE PROVIDERS THAT ARE POSSIBLY UNSAFE, OFFENSIVE, HARMFUL FOR YOU OR MINORS, OR OTHERWISE OBJECTIONABLE, UNDERSTANDING THAT USE OF SERVICE PROVIDERS ARRANGED OR SCHEDULED WHILE USING SERVICES IS AT CLIENTS INDIVIDUAL RISK AND JUDGMENT. CHORERELIEF SHALL NOT HAVE ANY LIABILITY ARISING FROM OR AT ALL RELATED TO USER DEALS OR RELATIONSHIP WITH SERVICE PROVIDERS OR ANY OTHER USER.
User access and use of the Services constitutes User agreement to be bound by these Terms, which establishes a contractual relationship between User and ChoreRelief. If User do not agree to these Terms, USer may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with User. ChoreRelief may immediately terminate these Terms or any Services with respect to any User, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to User in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. ChoreRelief may amend the Terms related to the Services from time to time. Amendments will be effective upon ChoreRelief ‘s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service.
Subject to User’s compliance with these Terms, ChoreRelief grants User a limited, non-exclusive, non- sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on User’s personal device solely in connection with use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal or commercial use. Any rights not expressly granted herein are reserved by ChoreRelief and ChoreRelief ‘s licensors.
ChoreRelief automatically deducts a 20% commission fee from the jobs you complete using our system. This means that the total charged to your customers will not match the amount deposited into your bank account. This commission is applied whether ChoreRelief sends Service Provider the Job or Service Provider schedules a Job with a Client directly using the Application.
Users may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by ChoreRelief ; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The Services and all rights therein are and shall remain ChoreRelief ‘s property or the property of ChoreRelief ‘s licensors. Neither these Terms nor User’s use of the Services convey or grant to User any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner ChoreRelief ‘s company names, logos, product and service names, trademarks or services marks or those of ChoreRelief ‘s licensor.
Use of the Services
In order to use most aspects of the Services, Users must register for and maintain an active personal User Services Account (“Account”). User must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires User to submit to ChoreRelief certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid credit card and/or bank account. User agrees to maintain accurate, complete, and up-to-date information in your Account. A User’s failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in Users’ inability to access and use the Services or ChoreRelief ‘s termination of this Agreement with User. User is responsible for all activity that occurs under Account, and, as such, User agrees to maintain the security and secrecy of Account username and password at all times. Unless otherwise permitted by ChoreRelief in writing, User may only possess one Account. As a security precaution, User credit/debit card or banking information will not be stored on ChoreRelief servers.
User Requirements & Conduct
The Service is not available for use by persons under the age of 18. Users may not authorize third parties to use Account, and Users may not allow persons under the age of 18 to receive services from Service Providers. Users may not assign or otherwise transfer Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. User will not in use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Service Provider or any other party. In certain instances, ChoreRelief may require User to provide proof of identity to access or use the Services, and User agrees that User may be denied access or use of the Services if User refuses to provide proof of identity.
ChoreRelief may, in ChoreRelief ‘s sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to a Service Provider’s services, subject to terms that ChoreRelief establish on a per promotional code basis (“Promo Codes”). Users agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by ChoreRelief ; (iii) may be disabled by ChoreRelief at any time for any reason without liability to ChoreRelief ; (iv) may only be used pursuant to the specific terms that ChoreRelief establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to use. ChoreRelief reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by User or any other party in the event that ChoreRelief determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content
ChoreRelief may, in ChoreRelief ‘s sole discretion, permit User from time to time to submit, upload, publish or otherwise make available to ChoreRelief through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of Job requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by User remains the property of the User. However, by providing User Content to ChoreRelief , User grants ChoreRelief a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and ChoreRelief ‘s business and on third- party sites and services), without further notice to or consent from User, and without the requirement of payment to User or any other person or entity. User represents and warrants that: (i) User either is the sole and exclusive owner of all User Content or that User has all rights, licenses, consents and releases necessary to grant ChoreRelief the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor ChoreRelief ‘s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. User agrees to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by ChoreRelief in its sole discretion, whether or not such material may be protected by law. ChoreRelief may, but shall not be obligated to, review, monitor, or remove User Content, at ChoreRelief ‘s sole discretion and at any time and for any reason, without notice to you.
Client understands that use of the Services may result in payments by Client for the services you receive from a Service Provider (“Charges”). After Client has received services obtained through use of the Service, ChoreRelief will facilitate payment of the applicable Charges on behalf of the Service Provider, acting as Service Provider’s limited payment collection agent, using the preferred payment method designated in Client Account, and will send Client a receipt by email. Payment of the Charges in such manner shall be considered the same as payment made directly by Client to the Service Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by Client are final and non-refundable, unless otherwise determined by ChoreRelief. All Charges are due immediately and payment will be facilitated by ChoreRelief using the preferred payment method designated in Client Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, Client agrees that ChoreRelief may, as the Service Provider’s limited payment collection agent, use a secondary payment method in Client Account, if available. ChoreRelief reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in ChoreRelief ‘s sole discretion. Further, Client acknowledges and agrees that Charges applicable in certain geographical areas may increase substantially during times of high demand of the Services. ChoreRelief will use reasonable efforts to inform Client of Charges that may apply, provided that Client will be responsible for Charges incurred under Client Account regardless of Clients’ awareness of such Charges or the amounts thereof. ChoreRelief may from time to time provide certain Client with promotional offers and discounts that may result in different Charges for the same or similar Services, and Client agrees that such promotional offers and discounts, unless also made available to Client, shall have no bearing on your use of the Services or the Charges applied to Client. Client may elect to cancel request for Services from a Service Provider at any time prior to such Service Provider’s arrival, in which case Client may be charged a cancellation fee. This payment structure is intended to fully compensate the Service Provider for the services provided. Except with respect to Jobs requested through the Application, ChoreRelief does not designate any portion of your payment as a tip or gratuity to the Service Provider. Any representation by ChoreRelief (on ChoreRelief ‘s website, in the Application, or in ChoreRelief ‘s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments Client makes for services provided is not intended to suggest that ChoreRelief provides any additional amounts, beyond those described above, to the Service Provider. Client understands and agrees that, while Client is free to provide additional payment as a gratuity to any Service Provider who provides Client with services obtained through the Service, Client is under no obligation to do so. Gratuities are voluntary. After Client has received services obtained through the Service, Client will have the opportunity to rate experience and leave additional feedback about Service Provider. In the event Client feels unwelcome pressure to provide a gratuity, Client may factor that experience into the rating or additional feedback you give.
Stripe connected Account Agreement
This Stripe Connected Account Agreement is a legal agreement (“Connected Account Agreement”) between Service Provider, the person or legal entity (including sole proprietors) that Service Provider identified to Stripe on the registration page or provided to a Connect Platform (“Connected Account”) and Stripe (“Stripe”). Service Providers’ use of the Services is subject to Service Providers’ acceptance of the terms and conditions of this Connected Account Agreement. Service Providers continued use of the Services represents Service Providers’ express consent to the terms and conditions contained in this Connected Account Agreement, including the Stripe Services Agreement (“Stripe Services Agreement”), and updates or modifications that may be made occasionally by Stripe. The Stripe Services Agreement may also incorporate separate agreements with financial services providers (each a “Financial Services Provider”).
This Connected Account Agreement governs Service Providers’ use of Stripe Connect and management of Service Providers’ Connected Account by Connect Platforms. This management includes use and administration of data about Service Provider or Service Provider transactions provided to Stripe (“Data”) and initiating Activity. As used in this Connected Account Agreement, any action submitted using the Stripe Connect API on behalf of a Connected Account is referred to as “Activity”, which includes initiating charges or Refunds, handling Chargebacks or disputes, and other functions available through Stripe Connect.
Service Provider represents to Stripe that all of the information that Service Provider provides to ChoreRelief directly or indirectly through the Connect Platform is accurate and complete, and that Service Provider is authorized to agree to this Connected Account Agreement on behalf of the Connected Account. Service Provider agrees to the terms and conditions provided in this Connected Account Agreement and to the Stripe Services Agreement, and understands that Service Provider use of the Services and Stripe Connect are subject to Service Providers’ acceptance of these terms and conditions.
Network Access & Devices
Users are responsible for obtaining the data network access necessary to use the Services. Users mobile network’s data and messaging rates and fees may apply if User accesses or uses the Services from a wireless-enabled device. User is responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. ChoreRelief does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CHORERELIEF DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CHORERELIEF MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE JOBS OR ANY OTHER SERVICE OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE JOBS WILL BE UNINTERRUPTED OR ERROR-FREE. USER AGREES THAT THE ENTIRE RISK ARISING OUT OF USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THIS DISCLAIMER DOES NOT ALTER USER RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
LIMITATION OF LIABILITY
CHORERELIEF SHALL NOT BE LIABLE TO ANY USER FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF CHORERELIEF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHORERELIEF SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY USER ARISING OUT OF: (i) USE OF OR RELIANCE ON THE SERVICES OR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN USER AND ANY SERVICE PROVIDER, EVEN IF CHORERELIEF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHORERELIEF SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CHORERELIEF ‘S REASONABLE CONTROL. USER ACKNOWLEDGES THAT SERVICE PROVIDERS COMPLETING JOBS OR OTHER SERVICES REQUESTED THROUGH CHORERELIEF MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL CHORERELIEF ‘S TOTAL LIABILITY TO USER IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
User agrees that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between User and ChoreRelief, except that User or ChoreRelief retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of User or ChoreRelief copyrights, trademarks, trade secrets, patents or other intellectual property rights. User acknowledges and agrees that User and ChoreRelief are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both User and ChoreRelief otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
ARBITRATION LOCATION AND PROCEDURE
Unless User and ChoreRelief otherwise agree, the arbitration will be conducted in the county where User resides. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents User and ChoreRelief submit to the arbitrator, unless User requests a hearing or the arbitrator determines that a hearing is necessary. If User claim exceeds $10,000, Users right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If User prevails in arbitration, User will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. ChoreRelief will not seek, and hereby waives all rights ChoreRelief may have under applicable law to recover, attorneys’ fees and expenses if ChoreRelief prevail in arbitration.
User responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if User’s claim for damages does not exceed $1,000, ChoreRelief will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the modification-related provisions above, if ChoreRelief changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), User may reject any such change by providing ChoreRelief written notice of such rejection by email to: email@example.com along with the email address associated with your Account to: firstname.lastname@example.org, within 30 days of the date such change became effective, as indicated in the “Last update” date above. In order to be effective, the notice must include User’s full name and clearly indicate User’s intent to reject changes to this “Dispute Resolution” section. By rejecting changes, User is agreeing that User will arbitrate any Dispute between User and ChoreRelief in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms are governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without giving effect to any conflict of law principles.
CLAIMS OF COPYRIGHT INFRINGEMENT
Claims of copyright infringement should be sent to ChoreRelief ‘s designated agent. Please contact email@example.com for more information.
User agrees to indemnify and hold ChoreRelief and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) use of the Services; (ii) User’s breach or violation of any of these Terms; (iii) ChoreRelief ‘s use of User Content; or (iv) User’s violation of the rights of any third party, including Service Providers.
User may not assign these Terms without ChoreRelief ‘s prior written approval. ChoreRelief may assign these Terms without User consent to: (i) a subsidiary or affiliate; (ii) an acquirer of ChoreRelief ‘s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between User, ChoreRelief or any Service Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. ChoreRelief’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ChoreRelief in writing.
If You have any questions about these Terms, the practices of ChoreRelief , or User dealings with ChoreRelief , contact Us at firstname.lastname@example.org