“Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest or the majority of the voting rights of such entity. 1.2.
“City Addendum” means an addendum or supplemental information to this Agreement setting forth additional Territory-specific terms, as made available and as updated by Company from time to time. 1.3
. “Company Data” means all data related to the access and use of the Taskmoby Services hereunder, including all data related to Users (including User Information), all data related to the provision of Transportation Services via the Taskmoby Services and the Driver App, and the Driver ID. 1.4
. “Device” means a Company Device or Your Device, as the case may be. 1.5
. “Service Provider App” means the mobile application provided by Company that enables service providers to access the ... Read more
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Taskmoby. If you do not agree to these Terms, you may not access or use the Services. These Terms specifically displace prior agreements or arrangements with you. Taskmoby will immediately terminate these Terms or any Services with respect to you, or generally stop offering or deny access to the Services or any portion thereof, at any time for any reason.
Taskmoby may amend the Terms related to the Services from time to time. Amendments will be effective upon Taskmoby's posting of such updated Terms or the amended policies or additional terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
The Services constitute a technology platform that enables users of Taskmoby's mobile applications to arrange and schedule services with third party providers of such services, including independent third party service providers who are under agreement with Taskmoby. Unless otherwise agreed by Taskmoby in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT TASKMOBY DOES NOT PROVIDE HOME SERVICES BUT HAS SELECTED THIRD PARTIES.
Subject to your compliance with these Terms, Taskmoby grants you a limited, non-exclusive, non-sub licensable, can be revoked, non-transferrable license to:
- Access and use the Applications on your personal device solely in connection with your use of the Services; and
- Access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Taskmoby and Taskmoby's licensors.
You may not:
- Remove any copyright, trademark or other proprietary notices from any portion of the Services.
- Reproduce, alter, prepare imitative 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 Taskmoby.
- Reverse engineer or undo the Services except as may be permitted by applicable law.
- Connect to, copy or structure any portion of the Services.
- 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.
- Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services
You acknowledge that portions of the Services may be made available under Taskmoby's various brands.
Third Party Services and Content
The Services and all rights therein are and shall remain Taskmoby's property or the property of Taskmoby's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:
- In or related to the Services except for the limited license granted above.
- To use or reference in any manner Taskmoby's company names, logos, product and service names, trademarks or services marks or those of Taskmoby's licensors.
Your Use of the Services
(i) User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account
"). You must be at least 18 years of age, to obtain an Account. Account registration requires you to submit to Taskmoby certain personal information, such as your name, address and mobile phone number, as well as at least one valid payment method (either a cash or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Taskmoby's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Taskmoby in writing, you may only possess one Account. Read more
User Provided Content
Taskmoby may, in Taskmoby's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Taskmoby through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content
"). Any User Content provided by you remains your property. However, by providing User Content to Taskmoby, you grant Taskmoby 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 Taskmoby's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Read more
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Taskmoby 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.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider ("Charges
"). After you have received services or goods obtained through your use of the Service, Taskmoby will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Taskmoby. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Taskmoby will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. Read more
You shall be responsible for the cost of repair for damage to Third Party Provider property resulting from use of the Services under your Account in excess of normal "wear and tear" damages. In the event that a Third Party Provider reports the need for Repair, and such Repair request is verified by Taskmoby in Taskmoby's reasonable discretion, Taskmoby reserves the right to facilitate payment for the reasonable cost of such Repair on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Taskmoby to the applicable Third Party Provider and are non-refundable.
DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
The services are provided "as is" and
"as available." taskmoby 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, taskmoby makes no
representation, warranty, or guarantee regarding the reliability, timeliness,
quality, suitability, or availability of the services or any services or goods
requested through the use of the services, or that the services will be
uninterrupted or error-free. Taskmoby does not guarantee the quality,
suitability, safety or ability of third party providers. You agree that the
entire risk arising out of your use of the services, and any service or good
requested in connection therewith, remains solely with you, to the maximum
extent permitted under applicable law.
LIMITATION OF LIABILITYTaskmoby
shall not be liable for indirect, incidental, special, exemplary, punitive, or
consequential damages, including lost profits, lost data, personal injury, or
property damage related to, in connection with, or otherwise resulting from any
use of the services, even if taskmoby has been advised of the possibility of
Taskmoby shall not be liable for any damages,
liability or losses arising out of:
(i) Your use of or reliance on the
services or your inability to access or use the services.
(ii) Any transaction or relationship
between you and any third party provider, even if taskmoby has been advised of
the possibility of such damages. Taskmoby shall not be liable for delay or
failure in performance resulting from causes beyond taskmoby's reasonable
control. You acknowledge that third party service providers providing services
requested through some request brands may offer services and may not be
professionally licensed or permitted. In no event shall taskmoby's total
liability to you in connection with the services for all damages, losses and
causes of action exceed five hundred kes (kes 500).
taskmoby's services may be used by you to request and schedule services with
third party providers, but you agree that taskmoby has no responsibility or
liability to you related to any services provided to you by third party
providers other than as expressly set forth in these terms.
The limitations and disclaimer in this section 5 do not purport to limit
liability or alter your rights as a consumer that cannot be excluded under applicable
You agree to guarantee and hold Taskmoby 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) Your use of the Services or services or goods obtained through your use of the Services.
- (ii) Your breach or violation of any of these Terms.
- (iii) Taskmoby's use of your User Content. Your violation of the rights of any third party, including Third Party Providers.
You agree 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 you and Taskmoby, except that each party 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 a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Taskmoby 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 you and Taskmoby otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, ... Read more
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Taskmoby's designated agent. Please visit Taskmoby's web page at insert Taskmoby website for the designated address and additional information.
Taskmoby may give notice by means of a general notice on the Services, electronic mail to your email address in your Account. Such notice shall be deemed to have been given upon the expiration of 12 hours after sending (if sent by email). You may give notice to Taskmoby, with such notice deemed given when received by Taskmoby, at any time by first class mail or pre-paid post.
You may not assign these Terms without Taskmoby's prior written approval. Taskmoby may assign these Terms without your consent to:
(i) a subsidiary or affiliate; (ii) an acquirer of Taskmoby'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 you, Taskmoby or any Third Party 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. Taskmoby'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 Taskmoby in writing.