About The Service: The TaskYourNeighbor service allows users who need help completing a variety of tasks such as lawn mowing, dog walking, math tutoring, and other general tasks (“Tasker Services”) as further described on the Website ("Askers"). Askers can connect through the Website with other users ("Taskers") who have registered on the Website as able to complete certain tasks, and who wish to complete the Asker’s tasks (the "Service"). You can use the Service from a computer or a mobile device. Askers and Taskers are collectively referred to as "Users".
IMPORTANT: By using the Services You understand and acknowledge that We provide a booking and dispatch service that connects Askers with Taskers and that Taskers are fully independent and not employees or agents of TaskYourNeighbor. We do not perform any of the Tasker services listed on the Website. Although we do not control Taskers work product or behavior on the job site, Taskers are required, as a condition of being part of our community to adhere to certain basic conduct standards such as professional conduct, reliability and honesty. Taskers are not permitted to represent themselves as our employees or that they have the ability to bind us to certain actions. If any Tasker does so, please inform us promptly. Taskers are solely responsible for determining the means and manner of performing the Tasker Services to Askers, and you understand that we do not have any control over or any oversight of how Taskers deliver the Tasker Services. We are not responsible for delivering on or completing any tasks and we are not responsible for and will not be liable in any way for any acts or omissions of Taskers. We do not endorse, validate or verify the qualifications, skills or licenses of any Taskers nor will we be responsible for the performance, actions or inactions of any Taskers. You should therefore ensure that you carry out your own searches and ask questions of Taskers to satisfy yourself of their credentials and ability to perform the services you need performed, prior to engaging any Tasker for Tasker Services.
order to access the Service and start posting as a Tasker you will be required
to provide certain personal information as well as details about the services
you can provide, all as further set forth in Section 3, below. Any personal
information provided by Askers and Taskers in the registration process and/or
through use of the Services will be treated in accordance with the terms of our
2. How the Service Works:
a. Posting a Task. If you post a task on the Service, you will be asked to provide certain information pertaining to the task, including your location, the dates when you are available to perform the task, your email address, the rate at which you provide your services, as well as the way of payment that you accept.
b. Looking for a task. Askers can browse the Website to look for a Tasker that can perform a task they are looking for. They can request the task to the Tasker that has three days to accept. Once the Tasker has accepted the task, the Tasker will call the Asker to confirm the time and place for the task.
task has been completed, the Asker has to mark it as completed through the Website
and then will be charged the final amount of the Services to the Asker’s payment
card or PayPal account that we have on file. Taskers are paid only after Askers
have made payment for the Services.
Task Completion Disputes. Askers have 24 hours from completion of the task to file a dispute. Disputes may be filed by calling or emailing us and providing us with evidence such as photographs and narration. TaskYourNeighbor will take fourteen (14) days to review and provide a response to any complaints. Any decision by TaskYourNeighbor will be deemed final.
3. Prohibited Activities:
a. Prohibited Acts. Users are not permitted to exchange contact information (including phone numbers, emails and full names) or post contact information on the Service prior to a task being assigned. Once a task has been posted, Taskers will receive location information and contact information for Askers to facilitate completing the task. Taskers will contact the Askers, and accordingly, Askers may obtain certain personal information from Taskers. Please respect the privacy of other Users of the Services and only use personal information to the extent necessary to perform the Tasker Services or otherwise complete the transaction.
b. Prohibited Services. The following is a non-exhaustive list of the type of services that are prohibited from being requested, offered, negotiated or completed in relation to the Service by Users:
i. any service that would violate the law, rules, regulations, orders and/or legal rights of any person or entity in the jurisdiction of the Asker or the Tasker or in any other applicable jurisdiction, including without limitation, criminal laws and labour and employment laws;
ii. any service that encourages or facilitates illegal activity;
iii. pornographic or obscene services including sexual and escort services, offers and solicitations of prostitution, and pornography;
iv. any services or contracts that the Asker has no legal right to request or that the Tasker has no legal right to perform;
v. lottery, raffles, sweepstakes entries
vi. any services that would harm children or minors
vii. affiliate marketing, multilevel marketing or pyramid schemes; and
viii. services related to spam, or unsolicited services or products, or false, misleading or fraudulent services.
4. Fees and Payment Terms:
a. TaskYourNeighbor Fees. The TaskYourNeighbor Fees are pre-determined by TaskYourNeighbor in its sole discretion. By requesting a task, the Asker agrees to pay the TaskYourNeighbor Fee, and any electronic fund transfer fee charged by the payment processor. Payments are done only using credit, debit cards or Paypal on the Website.(" TaskYourNeighbor Fee").
b. Taxes. The TaskYourNeighbor Fee is exclusive of taxes. Accordingly, Askers and not TaskYourNeighbor are responsible for paying any applicable tax on a Task, including without limitation, sales tax, value added taxes, any and other local, provincial or federal taxes, levies, duties or tariffs.
c. Refunds. Since TaskYourNeighbor offers competitive prices, the bookings are final (subject to the cancellation policy above); accordingly, is not the policy of TaskYourNeighbor to issue refunds. In the event that an Asker is entitled to a refund, the Tasker will be liable for the same, meaning that if an Asker is entitled to a refund and initiates a refund on Paypal, a credit card or other payment method, TaskYourNeighbor will charge the Tasker the complete amount of the chargeback for the applicable transaction.
d. TaskYourNeighbor Fees. Browsing the Website, and setting up an account are all free of charge. There is also no fee for Taskers to list their skills. Taskers are not allowed to take cash from Askers for any tasks completed in connection with the Website or Service, and Askers should notify TaskYourNeighbor if any Tasker requests cash payments for the Tasker Services. TaskYourNeighbor has the right to withhold payments from Taskers if there are any complaints or disputes between the Tasker and an Asker. TaskYourNeighbor will mediate all disputes between Askers and Taskers and TaskYourNeighbor’s decision will be deemed as final and cannot be challenged. Taskers are NOT allowed to contact Askers directly in the event of a dispute.
e. Changes to TaskYourNeighbor Fees. TaskYourNeighbor reserves the right to change the Service Fee or implement charges for other features of the Service as indicated to Users from time to time. Any revised fees will take effect 7 days from the date of posting on the Website or notification to your account.
5. Content: All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Services by Users whether in forums or otherwise ("User Content), is the sole responsibility of such Users. This means that the viewer or user, and not TaskYourNeighbor, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. TaskYourNeighbor does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will TaskYourNeighbor be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service or for any loss or damage arising from a third party security breach or cyber attack on TaskYourNeighbor servers or databases.
In using the Website: You
a. copy any content unless expressly permitted to do so herein;
b. upload, post, email, transmit or otherwise make available any material that:
i. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
ii. You do not have a right to make available under any law or under a contractual relationship;
iii. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
v. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
vi. contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
c. impersonate any person or entity or misrepresent their affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
e. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
f. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
g. collect or store personal data about other users or viewers without their consent;
h. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website;
i. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
8. License of Content: By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content . TaskYourNeighbor will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
10. Feedback: TaskYourNeighbor: If You provide TaskYourNeighbor with any suggestions, testimonials, comments or other feedback relating to any aspect of the Website ("Feedback"), TaskYourNeighbor may use such Feedback in the Website or in any other TaskYourNeighbor products or services (collectively, "TaskYourNeighbor Offerings"). Accordingly, You agree that: (a) TaskYourNeighbor is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to TaskYourNeighbor, (c) TaskYourNeighbor (including all of its successors and assigns and any successors and assigns of any of the TaskYourNeighbor Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any TaskYourNeighbor Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from TaskYourNeighbor or any of the other users of the Website in respect of the Feedback.
11. Feedback: Taskers: Askers have the option to provide feedback on their experience with Taskers using our review system and/or written comments (“Tasker Feedback”). Tasker Feedback will be posted on Tasker profiles which may be viewable by other Users.
12. Disputes and Complaints: If you are dissatisfied with the performance of any Tasker services, you must report the issue within twenty-four (24) hours. If you do not report an issue within that time period, you waive your right to dispute the issue. TaskYourNeighbor is not responsible for refunding or reimbursing any User for fees paid to another party. Additionally, because TaskYourNeighbor is an online marketplace only, we ask that you first attempt to resolve a dispute with a Tasker. You can contact Taskers directly by text message or by calling him on the phone. If you are unable to resolve a dispute with a Tasker without TaskYourNeighbor’s assistance, then if TaskYourNeighbor considers a complaint valid and such complaint relates to non-attendance, abusive or unprofessional conduct by You, TaskYourNeighbor may, in its sole discretion, intervene and assist with mediating the dispute. Although we make attempts to solve disputes amicably, we make no guarantees that we will be able to solve any disputes between Users.
13. Advertising: You acknowledge and agree that the Website may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that TaskYourNeighbor shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.
14. Links & Third-Party Websites: This Website (including User Content) may contain links to other websites that are not owned or controlled by TaskYourNeighbor or endorsed by TaskYourNeighbor. Any third-party websites or services accessed from the Service are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them.
15. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS: THE WEBSITE, SERVICE, AND ALL MATERIALS PROVIDED THEREIN, INCLUDING TASKER SERVICES, ARE PROVIDED "AS IS" AND “AS AVAILABLE”. TASKYOURNEIGHBOR SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. TASKYOURNEIGHBOR DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR THE TASKER SERVICES OR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY USER OR THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND TASKYOURNEIGHBOR SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH USER OR THIRD PARTY. TASKYOURNEIGHBOR WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
OF LIABILITY: YOU UNDERSTAND AND AGREE THAT THE TASKER SERVICES ARE PROVIDED
BY INDEPENDENT CONTRACTORS AND NOT BY TASKYOURNEIGHBOR. UNDER NO CIRCUMSTANCES
WILL TASKYOURNEIGHBOR HAVE ANY LIABILITY FOR ANY OF THE ACTS OR OMMISSIONS OF
ANY OF THE TASKERS OR THE TASKER SERVICES PROVIDED IN CONNECTION WITH THE
PROVISION OF SERVICES UNDER THIS AGREEMENT.
UNDER NO CIRCUMSTANCES SHALL TASKYOURNEIGHBOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, TASKYOURNEIGHBOR APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR TASKYOURNEIGHBOR APP, (V) ANY ACTS OR OMISSIONS, NEGLIGENCE, BREACH OF CONTRACT, OR OTHER CONDUCT OF ANY TASKER AND/OR THEIR EMPLOYEES, SUBCONTRACTORS AND PERSONNEL,; OR (IV) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF TASKYOURNEIGHBOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TASKYOURNEIGHBOR’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID TASKYOURNEIGHBOR IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
18. Release: Because TaskYourNeighbor does not supervise or control interactions between Askers and Taskers, and because TaskYourNeighbor does not control credit card companies or other payment processing companies, and because TaskYourNeighbor does not screen or monitor the completion of tasks, and because TaskYourNeighbor cannot guarantee the true identity, age, or nationality of Askers and Taskers, and because TaskYourNeighbor has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Website You agree that You bear all risk and you agree to release TaskYourNeighbor (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Website, Your third party transactions and in connection with TaskYourNeighbor’s resolution of any disputes between Askers and Taskers. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. Askers and Taskers are solely responsible for verifying the identity of other Askers and Taskers that they engage with and should take necessary precautions to ensure their safety and security when engaging with them.
20. Availability & Updates: TaskYourNeighbor may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service and/may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. TaskYourNeighbor may periodically add or update the information and materials on this Website without notice.
21. Security: Information sent or received over the Internet is generally unsecure and TaskYourNeighbor cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. TaskYourNeighbor will not be liable for any loss or damage arising from your failure to comply with these requirements.
22. General: These
between the parties relating to the Website and Service and all related
unenforceable, that part shall be deemed severed and shall not affect the
validity and enforceability of the remaining provisions. The failure of TaskYourNeighbor
not constitute a waiver of such right or provision. Any waiver of any right or
provision by TaskYourNeighbor must be in writing and shall only apply to the
specific instance identified in such writing. You may not assign the terms of
use, or any rights or licenses granted hereunder, whether voluntarily, by operation
of law, or otherwise without TaskYourNeighbor’s prior written consent. TaskYourNeighbor
governed by the laws of Ontario without regard to conflict of laws principles.