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Last Updated: 6 months ago

Heymatey Terms of Service

Last updated: July 12, 2018

These Terms of Service constitute a legally binding agreement between you and Heymatey Limited. (“The Company", Company” or “Heymatey”) governing your use of the Heymatey Platform (as defined below), Company’s website (https://www.heymahey.co.nz or the “Site”) or mobile applications (the “Apps”). The Heymatey platform and related services provided by Company, the Site, and Apps, including without limitation communications and information (whether in writing, orally, or otherwise howsoever) provided by Company to potential and actual Taskers and Clients in relation to the services, together are hereinafter collectively referred to as the “Heymatey Platform.”

Any personal data you submit to the Heymatey Platform or which we collect about you is governed by our Privacy Policy (“Privacy Policy”). A copy of our Privacy Policy is available here. You acknowledge that by using the Heymatey Platform you have reviewed the Privacy Policy.

Your use of the Heymatey Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service, the Privacy Policy, the Heymatey Our Promise (the “Our Promise”), and any future amendments and additions to this Agreement (as defined below) as we may publish from time to time. The Privacy Policy and the Our Promise are incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this “Agreement”.

PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND TASKRABBIT CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 18). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING IF APPLICABLE YOUR RIGHT TO OPT OUT OF ARBITRATION.

IN ADDITION, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS IN SECTION 18) AND YOU ACCEPT ALL OF ITS TERMS.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE TASKRABBIT PLATFORM.

You must be 21 years old and at least the legally required age in the jurisdiction in which you reside, and otherwise capable of entering into binding contracts, in order to use or access the Heymatey Platform. If you are under 21 years old or the age of majority in your jurisdiction, then you may not use or access the Heymatey Platform. Children under 13 years old are prohibited from accessing the Heymatey Platform or otherwise providing any personal information to Heymatey.

A few highlights of these Terms of Service include:

  • Your agreement that the Heymatey Platform is provided “as is” and without warranty (Section 16).
  • Your agreement that Company has no liability regarding the Heymatey Platform or the performance of Tasks (Section 16).
  • Your acknowledgment and agreement that you, and not Heymatey, scope, supervise, direct, control, and monitor a Matey’s work and the Jobs (Section 1).
  • Your acknowledgment and agreement that Clients (as defined below) are solely responsible for determining if the Matey they hire is qualified to perform the job at hand.
  • Your consent to release Company from liability based on claims between Users (Section 2) and generally (Section 16).
  • Your agreement to indemnify Company from claims due to your use or inability to use the Heymatey Platform or content submitted from your account to the Heymatey Platform (Section 17).
  • Your consent to submit any claims against Company to binding arbitration, and on an individual basis only, to the extent permissible by law (Section 18).

1. The Heymatey Platform Connects Matey's and Clients

The Heymatey Platform is a web-based communications platform which enables connections between Clients and Taskers. “Clients” are individuals and/or businesses seeking to obtain services (“Jobs”) from Matey's and are therefore clients of Matey's, and “Matey's” are individuals and/or businesses seeking to perform Jobs for Clients. Clients and Matey's together are hereinafter referred to as “Users.” If you agree on the terms of a Job with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.

MATEY'S ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PERFORM JOBS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM JOBS. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A MATEY’S WORK AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE WORK PERFORMED OR THE JOBS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.

The Heymatey Platform only enables connections between Users for the fulfillment of Jobs or Services. Company is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Matey's, Clients, nor of the integrity, responsibility, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings provided by Users with respect to each other. The company makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Jobs requested or services provided by, or the communications of or between, Users identified through the Jobs Platform, whether in public, private, or offline interactions or otherwise howsoever.

2. User Vetting and User Representations and Warranties

User Vetting

In Company’s sole discretion, Users may be subject to an extensive vetting process before they can register for and during their use of the Heymatey's Platform, including but not limited to a verification of identity, using third-party services as appropriate (“Identity Checks”). Although Company may perform Identity Checks, Company is not required to do so and cannot confirm that each User is who they claim to be. Company cannot and does not assume any responsibility for the accuracy or reliability of Identity Check information or any information provided through the Heymatey Platform.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Heymatey will not be liable for any false or misleading statements made by Users of the Heymatey Platform. NEITHER HEYMATEY NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS “HEYMATEY" AND AFFILIATES”) ARE RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE HEYMATEY PLATFORM AND YOU HEREBY RELEASE HEYMATEY AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE HEYMATEY PLATFORM.

User Representations and Warranties

You represent and warrant that: (1) you are 21 years of age or older and are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (2) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

You further represent and warrant that you have read, understand, and agree to be bound by these Terms of Service, OUR PROMISE, and the Privacy Policy in order to access and use the Heymatey Platform. You hereby warrant and represent that you will respect the privacy (including without limitation private, family and home life), property and data protection rights of Users and that you will not record (whether video or audio or otherwise) any Job or any interaction by or with any User and/or Company in connection with the Heymatey Platform without the prior written consent of Company and/or the relevant User, as applicable. You further represent and warrant that you will fulfill the commitments you make to other Users, including paying/receiving payment through the Heymatey Platform, performing the Job(s) agreed upon as between the Matey and Client, communicating clearly and promptly through the chat thread and/or responding to invitations promptly, being present and/or available at the time you agree upon with your Matey or Client as the case may be, and only utilizing the third party payment processing system specified or approved by us to make or receive payment for services provided through the Heymatey Platform. You also represent and warrant that you will act professionally and responsibly in your interactions with other Users. You further represent and warrant that when using or accessing the Heymatey Platform, you will act in accordance with any applicable local, state, national, or international law, custom and in good faith.

You hereby warrant and represent that, other than as fully and promptly disclosed to Company as set forth below, you do not have any motivation, status, or interest which Company may reasonably wish to know about in connection with the Heymatey Platform, including without limitation, if you are using or will or intent to use the Heymatey Platform for any journalistic, investigative, or unlawful purpose. You hereby warrant and represent that you will promptly disclose to Company in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the Heymatey Platform.

Matey's additionally represented and warrants that you will provide timely, high-quality services to your Clients, you will only offer and provide services for which you have the necessary skills and expertise, and you will provide the services safely.

3. Contract between Clients and Matey's

You acknowledge and agree that a legally binding contract (the “Service Agreement”) is formed when you agree on the terms of a Job with another User. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Heymatey Platform, and any other contractual terms accepted by both the Matey and their Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand Company’s obligations or restrict Company’s rights under this Agreement. You agree that Company is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Company and the Matey (or anyone else supplied by the Matey), nor will it create an employment relationship between the Client and the Matey or any such person. Company’s role is restricted solely to acting as a limited payment collection agent for the Matey to facilitate payment on behalf of the Matey through the Heymatey Platform in respect of Jobs they perform. In acting as the limited payment collection agent for particular Jobs on the Heymatey Platform, Heymatey disclaims any other agency or authority to act on behalf of the Heymatey, and assumes no liability for any acts or omissions of the Matey, either within or outside of the Heymatey Platform.

Where approved in advance by the Client, the Matey is not obligated to personally perform the Services. Before any Job or services are performed by any assistants, helpers, subcontractors or other personnel engaged by the Matey's (collectively “Assistants”), the Matey shall require any such individuals to become fully registered, oriented and verified Mateys on the Heymatey Platform. A Matey’s failure to comply with this provision by bringing an Assistant who is not a registered Matey could lead to removal from the Heymatey Platform. The Matey assumes full and sole responsibility for the acts and omissions of such Assistants, including without limitation the payment of all compensation, benefits, and expenses of Assistants, if any, and for all required and applicable state and federal income tax withholdings as to the Matey's and all persons engaged by the Matey in the performance of the Job services.

While using the Heymatey Platform, Clients, in their sole discretion, determine whether they will be present or not when a Job is performed and/or completed. Clients who elect not to be present when a Job is performed and/or completed agree that if someone other than them (i.e. spouse, roommate, friend, etcetera) is present when the Job is performed, they are appointing that person as their agent ("Client's Agent") and the Matey's may take and follow direction from the Client's Agent as if such direction was given from the Client him or herself.

The Client shall pay their Matey directly for completed Job services through the Payment Service Provider retained by the Company (“PSP”) as indicated on the Heymatey Platform at the rates agreed to by the parties in the Service Agreement. Each party agrees to comply with the Service Agreement and this Agreement during the engagement, performance, and completion of a Job. Both parties agree to notify Company of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via Company representatives for at least thirty (30) days before initiating any proceeding. Heymatey reserves the right to suspend or terminate any account or Job pending the resolution of any dispute.

4. Billing and Payment

Users of the Heymatey Platform contract for Jobs directly with other Users. The company will not be a party to any contracts for Jobs or services. Payment for Job services through the Heymatey Platform is made directly from the Client to the Matey via the PSP, and not by Company. The company is not obligated to pay the Matey for Client’s failure to pay for services.

Users of the Heymatey Platform will be required to provide their credit card and/or bank account details to Company and the PSP. Matey's are responsible for invoicing their Clients within 24 hours of the work being performed, even if the Task is not completed in its entirety or is designed as “ongoing”. Clients will be responsible for paying the invoice for each Job (the “Invoice”), which will include (i) the pricing terms of the Job or Services agreed with and provided by a Matey (“Matey Payment”), (ii) any out of pocket expenses agreed with and submitted by a Matey in connection with the Job, (iii) any tip or gratuity, if applicable, (iv) the service charge Company assesses as payable for the use of the Heymatey Platform, variable based on the Job Payment amount, and (v) the platform fee (sometimes referred to as Trust & Support Fee), which is used to offset Company's cost of providing Users with customer support, providing the PROMISE set forth in Section 12, and other various business objectives, and (vi) cancellation fees, if applicable. Matey's will be responsible for paying (i) registration fees (applicable to Matey registrants), (ii) cancellation fees, if applicable and (iii) repayment of erroneous payments. Clients may also be charged credit card processing fees equal to three percent (3%) of the aggregate expense amount if expenses related to a Job individually, or Job in the aggregate over a 30-day period, exceed $300.00.

Jobs may be required to register with the PSP, agree to terms of service of the PSP, and go through a vetting process at the request of the PSP to set up their account with the PSP (the “PSP Services Agreement”). By accepting these Terms of Service, each Tasker agrees that they have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that Heymatey is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Heymatey has no obligations or liability to any Matey or another party under the PSP Services Agreement.

To help prevent fraud and safeguard User information from the risk of unauthorized access, Company and/or the PSP may validate an account before activation. As part of the account validation, a very temporary charge is placed on the account associated with the User and then refunded within 1-3 business days. Due to the difference in PSP and credit card issuer requirements, this temporary charge may vary between $0.01 US to $5000.00 US, depending on the estimated value of the Job and expenses.

When Client receives confirmation through the Heymatey Platform or via email that a Job has been completed, Client automatically authorizes the PSP to process the Invoice. Users may be charged a one-hour cancellation fee through the PSP if you book (or accept) a Job, but cancel it before the scheduled time for performance.

Company reserves the right (but not the obligation), in its sole discretion, upon request from Client or Matey, or upon notice of any potential fraud, unauthorized charges or other misuse of the Matey Platform, to (i) place on hold any Job Payment, out of pocket expenses, and/or tip or gratuity (if applicable) or (ii) refund or provide credits, or arrange for the PSP to do so.

Job Payment and fees must be paid through the PSP as indicated on the Heymatey Platform.

Users of the Heymatey Platform will be liable for any taxes required to be paid on the Job(s) provided under the Agreement.

5. Contests, Gift Cards, and Promotional Codes

The company may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of Company and can be activated, modified, or removed at any time by Company without advance notification. The liability of any of Company’s corporate partners pursuant to such promotional opportunities and contests shall be limited pursuant to Section 16 of these Terms of Service.

Company gift cards (“Gift Cards”) and promotional codes (“Promo Codes”) may be available and can be used to pay Job Payments and Company service charges and platform fees in part or in full, but may not be used to pay for reimbursement of out of pocket expenses or tips associated with a Task provided through the Heymatey Platform.

a. Promo Codes

Promo Codes are an offer by Company to reduce the amount a Client has to pay in relation to a Job Payment, service fee, and/or platform fee. Promo Codes will not affect the amount of the Job Payment a Matey ultimately receives. You agree that you will use Promo Codes in accordance with the terms of the Promo Code. Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by you or any other User in the event that Company determines or believes that the use or redemption of a Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.

b. Gift Cards

You agree that you will comply with all Gift Card terms and conditions. Gift Cards are not replaceable if lost or stolen and have no expiration date, but in certain NZ regions, after a period of time, Company may remit the cash associated with unused Gift Card balances to that region pursuant to that regions abandoned property laws. Gift Cards have no cash value and are not redeemable for cash.

Simply send your Gift Card along with a self-addressed, stamped envelope to Heymatey Limited., 2 Landmark Drive, Te Atatu Pennisula, Auckland, New Zealand. Attention: Gift Cards.

The company will verify your address, confirm that your Gift Card balance qualifies you for redemption, and send you a check for the exact amount in the envelope provided. If your Gift Card balance is equal to or greater than the cap, or Company can't verify your residency, Company will return your Gift Card in the envelope provided. The company will be unable to redeem or return your Gift Card without a self-addressed, stamped envelope and is not responsible for mail that doesn't arrive at the address provided and cannot guarantee delivery in any way after submittal to the NZ Postal Service.

A Gift Card cannot be combined with any other Gift Cards, gift certificates or other Promo Codes. A Gift Card cannot be used as a credit or debit card. Company reserves the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” a Gift Card (i.e., you cannot add value/balance to your Gift Card at this time). If a Gift Card holder's purchase exceeds the amount of that Gift Card’s balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. Company reserves the right to correct the balance of a Gift Card if Company believes that a billing error has occurred. The company disclaims all liability for any such billing errors. Gift Cards and their use are subject to this Agreement, and use of a Gift Card constitutes acceptance thereof.

6. Public Areas; Acceptable Use

The Heymatey Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Heymatey Platform, you should not share your personal contact information with other Users.

Without limitation, while using the Heymatey Platform, you may not:

  • Defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the legal rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Heymatey staff, or use information learned from the Heymatey Platform or during the performance of Jobs to otherwise defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights of any other User or Company staff;
  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information on the Heymatey Platform;
  • Use the Heymatey Platform for any unauthorized purpose, including, but not limited to posting or completing a Job in violation of local, national, or international law;
  • Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Company;
  • Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer;
  • Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly;
  • Advertise or offer to sell any goods or services for any commercial purpose through the Heymatey Platform which are not relevant to the Task services offered through the Heymatey Platform;
  • Post or complete a Job requiring a User to (i) purchase or obtain gift cards or money orders (ii) purchase high value items (over $300) without obtaining pre-authorization from Company, (iii) provide ridesharing or other peer to peer transportation services, (iv) post ratings or reviews on any third party website in breach of such third party website’s terms of use, or (v) otherwise engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by Company in its sole discretion;
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters;
  • Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments;
  • Post the same Task repeatedly (“Spamming”). Spamming is strictly prohibited;
  • Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Heymatey Platform;
  • Restrict or inhibit any other User from using and enjoying the Public Areas;
  • Imply or state that any statements you make are endorsed by Heymatey, without the prior written consent of Heymatey;
  • Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Heymatey Platform, or the personal information of others, in any manner;
  • Frame or utilize framing techniques to enclose the Heymatey Platform or any portion thereof;
  • Hack or interfere with the Heymatey Platform, its servers or any connected networks;
  • Adapt, alter, license, sublicense or translate the Heymatey Platform for your own personal or commercial use;
  • Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Heymatey and Affiliates;
  • Upload content to the Heymatey Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
  • Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
  • Use the Heymatey Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Heymatey Platform as set forth herein;
  • Use the Heymatey Platform to collect usernames and or/email addresses of Users by electronic or other means;
  • Use the Heymatey Platform or the Job or services in violation of this Agreement;
  • Use the Heymatey Platform in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Company’s trade secret information for public disclosure or other purposes;
  • Attempt to circumvent the payments system or service fees in any way including, but not limited to, processing payments outside of the Heymatey Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
  • Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number; or
  • Cause any third party to engage in the restricted activities above.

You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Heymatey will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.

7. Termination and Suspension

The company may terminate or limit your right to use the Heymatey Platform in the event that we are investigating or believe that you have breached any provision of this Agreement (a “User Breach”), by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice.

If Company terminates or limits your right to use the Heymatey Platform pursuant to this Section 7, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. If Company terminates or limits your right to use the Heymatey Platform as a Client due to a User Breach, you will not be entitled to any refund of unused balance in your account.

Even after your right to use the Heymatey Platform is terminated or limited, this Agreement will remain enforceable against you. The Company reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with Section 18 of these Terms of Service.

The Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the HeymateyPlatform at its sole discretion. The company is not liable to you for any modification or discontinuance of all or any portion of the Heymatey Platform. The company has the right to restrict anyone from completing registration as a Matey if Company believes such person may threaten the safety and integrity of the Heymatey Platform, or if, in Company’s discretion, such restriction is necessary to address any other reasonable business concern.

You may terminate this Agreement at any time by ceasing all use of the Heymatey Platform. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

8. Account, Password, Security, and Mobile Phone Use

You must register with the Company and create an account to use the Heymatey Platform (an “Account”). You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Company for accessing the Heymatey Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. If you are accessing and using the Heymatey Platform on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein. The company has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to contact Company immediately.

By providing your mobile phone number and using the Heymatey Platform, you hereby affirmatively consent to Heymatey’s use of your mobile phone number for calls and recurring texts, (including with an autodialer and/or prerecorded voice) in order to (a) perform and improve upon the Heymatey Platform, (b) facilitate the carrying out of Jobs through the Heymatey Platform, (c) provide you with information and reminders regarding your registration, orientation, upcoming Job(s), product alterations, changes and updates, service outages or alterations. These calls and texts may include, among other things, reminders about uncompleted or upcoming Job(s) and/or in follow up to any push notifications delivered through our mobile application. Company will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving texts messages from us by modifying your account settings on the Site or Apps, texting “STOP” in response to any texts, or by emailing opt-out-texts@heymatey.co.nz and specifying you want to opt-out of texts. You may opt-out of receiving calls from us by stating that you no longer wish to receive calls during any call with us, or by emailing opt-out-texts@heymatey.co.nz and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.

9. User Generated Content

“User Generated Content” is defined as any information and materials you provide to Company, its corporate partners, or other Users in connection with your registration for and use of the Heymatey Platform, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Heymatey is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Heymatey has no obligation to monitor, review, or remove User Generated Content, but reserves the right to limit or remove User Generated Content on the Heymatey platform at its sole discretion.

You hereby represent and warrant to Company that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not represent you being employed or directly engaged by or affiliated with Heymatey or purport you to act as a representative or agent of Heymatey; and (i) will not create liability for Company or cause Company to lose (in whole or in part) the services of its ISPs or other partners or suppliers.

The Heymatey Platform hosts User Generated Content relating to reviews and ratings of specific Matey's (“Feedback”). Such Feedback is such User’s opinion and not the opinion of Company, has not been verified or approved by Company and each Client should undertake their own research to be satisfied that a specific Matey is the right person for a Job. You agree that Company is not responsible or liable for any Feedback or other User Generated Content. Company encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Company is not obligated to investigate any remarks posted by Users for accuracy or reliability but may do so at its discretion.

You hereby grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyrights, publicity rights, and any other rights you have in your User Generated Content, in any media now known or not currently known in order to perform and improve upon the Heymatey Platform.

Each Matey who provides to Company any videotape, film, recording, photograph, voice, or all related instrumental, musical, or other sound effects, in exchange for the right to use the Heymatey Platform, hereby irrevocably grants to Company the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:

  • Exhibit, distribute, display, transmit, and broadcast on any and all media, including, without limitation, the internet, any videotape, film, recording or photograph that such User provides to Company or that Company takes of Matey, and use, reproduce, modify, or creative derivatives of such Matey picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”);
  • Reproduce in all media any recordings of such Matey’s voice, and all related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Heymatey Platform;
  • Use, and permit to be used, such as Matey’s Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Heymatey Platform in any media; and
  • Use, and permit to be used, such Matey’s name and identity in connection with the Heymatey Platform.

Each Tasker hereby waives all rights and releases Heymatey and Affiliates from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Matey’s identity, likeness or voice in connection with the Heymatey Platform.

Each Tasker acknowledges that Heymatey shall not owe any financial or other remuneration for using the recordings provided hereunder by such Matey, either for initial or subsequent transmission or playback, and further acknowledges that Heymatey is not responsible for any expense or liability incurred as a result of such Matey’s recordings or participation in any recordings, including any loss of such recording data.

10. Links to Third-Party Websites

The Heymatey Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Company or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Heymatey Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Company does not control any such websites, and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Heymatey is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Heymatey has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Heymatey platform at its sole discretion.

The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Heymatey expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Heymatey Platform. You hereby agree to hold Heymatey harmless from any liability that may result from the use of links that may appear on the Hymatey Platform.

As part of the functionality of the TaskRabbit Platform, you may link your account with online accounts you may have with third party service providers (such as Facebook) (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the TaskRabbit Platform; or (ii) allowing TaskRabbit to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to TaskRabbit and/or grant TaskRabbit access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating TaskRabbit to pay any fees or making TaskRabbit subject to any usage limitations imposed by such third-party service providers. By granting TaskRabbit access to any Third-Party Accounts, you understand that (i) TaskRabbit may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through the TaskRabbit Platform via your account, including without limitation any friend lists, and (ii) TaskRabbit may submit and receive additional information to your Third-Party Account to the extent you are notified of this when you link your account with the Third-Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Generated Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the TaskRabbit Platform. Please note that if a Third-Party Account or associated service becomes unavailable or TaskRabbit’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the TaskRabbit Platform. You will have the ability to disable the connection between your account on the TaskRabbit Platform and your Third-Party Accounts at any time, as set forth below. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Company is not responsible for any SNS Content.

11. Worker Classification and Withholdings

AS SET FORTH IN SECTION 1, TASKRABBIT DOES NOT PERFORM TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.

Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Company. Each User acknowledges that TaskRabbit does not, in any way, supervise, scope, direct, control or monitor a Tasker’s work or Tasks performed in any manner. Company does not set a Tasker’s work hours or location of work. TaskRabbit will not provide any equipment, labor or materials needed for a particular Task. TaskRabbit does not provide any supervision to Users.

The TaskRabbit Platform is not an employment service and TaskRabbit is not an employer of any User. As such, TaskRabbit is not responsible for and will not be liable for workman’s compensation or any tax payments or withholding, including but not limited to unemployment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with a User’s use of the TaskRabbit Platform.

12. TaskRabbit Happiness Pledge

The TaskRabbit Happiness Pledge is part of this Agreement and incorporated by reference. Taskers determine what categories they are qualified to task in, and scope the Task directly with their Client. TaskRabbit does not oversee, monitor or direct how a Tasker performs a Task, does not monitor Tasks or chat threads between Users, and does not otherwise oversee or assume responsibility for the actions of Users. Clients are advised to confirm with their Tasker that their Tasker is qualified to perform the Task prior to the Task taking place. TaskRabbit is not liable for the acts or omissions of Users, nor does TaskRabbit provide insurance against any losses sustained by Users. That said, TaskRabbit wants Users to be happy about their experience using the TaskRabbit Platform and the Happiness Pledge is in place to encourage continued use of the TaskRabbit Platform.

Payments made under the Happiness Pledge are entirely discretionary, however, and subject to certain conditions, limitations and exclusions, as described in the TaskRabbit Happiness Pledge. The Happiness Pledge does not supercede any of the terms set forth in the Terms of Service or the Privacy Policy, including any of the limitations on liability set forth in Section 16 of these Terms of Service. In the unlikely event of a conflict with the Happiness Pledge, this Agreement prevails over any contrary interpretation of the Happiness Pledge. The TaskRabbit Happiness Pledge is not intended to be any sort of insurance and TaskRabbit is not an insurer, as such terms are understood for regulatory purposes.

13. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the TaskRabbit Platform is owned by TaskRabbit, excluding User Generated Content, which Users hereby grant TaskRabbit a license to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. TaskRabbit owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the TaskRabbit Platform without TaskRabbit’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of TaskRabbit and, if applicable, the holder of the rights to the User Generated Content.

The service marks and trademarks of TaskRabbit, including without limitation TaskRabbit and TaskRabbit logos, are service marks owned by TaskRabbit. Any other trademarks, service marks, logos and/or trade names appearing via the TaskRabbit Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

14. Copyright Complaints and Copyright Agent

TaskRabbit respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the TaskRabbit Platform infringe upon your copyright or other intellectual property right, please send the following information to TaskRabbit’s Copyright Agent at: TaskRabbit, Inc., 425 Second Street, 5th Floor, San Francisco, California 94107 or copyright@taskrabbit.com:

  • A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the TaskRabbit Platform where the material you claim is infringed is located. Include enough information to allow TaskRabbit to locate the material, and explain why you think an infringement has taken place;
  • A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  • An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

15. Confidential Information

You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of TaskRabbit and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the TaskRabbit Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall promptly notify TaskRabbit in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to TaskRabbit upon termination of this Agreement for any reason whatsoever.

The term “Confidential Information” shall mean any and all of TaskRabbit’s trade secrets, confidential and proprietary information, and all other information and data of TaskRabbit that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to TaskRabbit or TaskRabbit’s business, operations or properties, including information about TaskRabbit’s staff, Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

16. Disclaimer of Warranties

(a) Use Of The Taskrabbit Platform Is Entirely At Your Own Risk

THE TASKRABBIT PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TASKRABBIT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE TASKRABBIT PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE TASKRABBIT PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE TASKRABBIT PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

TaskRabbit does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the TaskRabbit Platform or any hyperlinked website or featured in any banner or other advertising, and TaskRabbit will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, TaskRabbit and Affiliates do not warrant that access to the TaskRabbit Platform will be uninterrupted or that the TaskRabbit Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the TaskRabbit Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Task, service, information or materials provided through or in connection with the use of the TaskRabbit Platform. TaskRabbit and Affiliates are not responsible for the conduct, whether online or offline, of any User. TaskRabbit and Affiliates do not warrant that the TaskRabbit Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. TaskRabbit and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

Notwithstanding any feature a Client may use to expedite TaskRabbit selection, each Client is responsible for determining the Task and selecting their Tasker and TaskRabbit does not warrant any goods or services purchased by a Client and does not recommend any particular Tasker. TaskRabbit does not provide any warranties or guarantees regarding any Tasker’s professional accreditation, registration or license.

In addition, no individual or entity shall be a third party beneficiary of these terms. These terms are solely for the benefit of the parties to this Agreement and are not intended to and shall not be construed to give any person or entity other than you any interest, remedy, claim, liability, reimbursement, claim of action or any other rights (including, without limitation, any third party beneficiary rights), with respect to or in connection with any agreement or provision contained herein or contemplated hereby.

(b) No Liability

You acknowledge and agree that TaskRabbit is only willing to provide the TaskRabbit Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold TaskRabbit and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the TaskRabbit Platform, including without limitation any liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by TaskRabbit and Affiliates and any destruction of your User Generated Content.

UNDER NO CIRCUMSTANCES WILL TASKRABBIT AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY TASKRABBIT, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE TASKRABBIT PLATFORM OR THE TASK SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

TASKRABBIT AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS TASKRABBIT PLATFORM. TASKRABBIT AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE TASKRABBIT PLATFORM.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT TASKRABBIT AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential or incidental damages, so certain aspects of the limitations above may not apply to you.

(c) Release

THE TASKRABBIT PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. BECAUSE TASKRABBIT IS NOT A PARTY TO OR OTHERWISE INVOLVED IN THE ACTUAL CONTRACT BETWEEN USERS OR IN THE COMPLETION OF THE TASK, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY RELEASE TASKRABBIT AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL, OR EXEMPLARY), EXPENSES, LOSSES, GOVERNMENTAL OBLIGATIONS, SUITS AND/OR CONTROVERSIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

17. Indemnification

You hereby agree to indemnify, defend, and hold harmless TaskRabbit and Affiliates, and their attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) your use or inability to use the TaskRabbit Platform or Task Services, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party and (iv) any content submitted by you or using your account to the TaskRabbit Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. TaskRabbit reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of TaskRabbit.

18. Dispute Resolution – Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND TASKRABBIT CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND TASKRABBIT TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

(a) Informal Negotiations

To expedite resolution and reduce the cost of any dispute, controversy or claim between you and TaskRabbit (each a “Claim” and collectively “Claims”), you and TaskRabbit agree to first attempt to negotiate any Claim (except those Claims expressly excluded below) informally for at least thirty (30) days before initiating any arbitration. This pre-arbitration negotiation shall be initiated by providing written notice to the other party—including a brief written statement describing the name, address, and contact information of the notifying party, the facts giving rise to the Claim, and the relief requested. You must send such written notice to TaskRabbit, Inc., 425 Second Street, 5th Floor, San Francisco California, 94107 Attention: Legal. If necessary to preserve a Claim under any applicable statute of limitations, you or TaskRabbit may initiate arbitration while engaging in the informal negotiations.

During this pre-arbitration negotiation, all offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability, in arbitration or other proceeding involving the parties.

After a good faith effort to negotiate, if you or TaskRabbit believe a Claim cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the American Arbitration Association (“AAA”) and the written Demand for Arbitration (available at