Eztaskers Terms of Service
By accessing the website at https://eztaskers.com/, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
TASKERS ARE INDEPENDENT BUSINESS OWNERS. TASKERS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF EZTASKERS. EZTASKERS DOES NOT PERFORM TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, EZTASKERS OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CLIENTS WITH SERVICE PROVIDERS (TASKERS) WHO WISH TO PERFORM A VARIETY OF TASKS.
USERS HEREBY ACKNOWLEDGE THAT EZTASKERS DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A TASKER’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE TASKS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
Your use of the EZTASKERS Platform in a country other than the country in which you register constitutes your acceptance of and agreement to all of the terms and conditions in the Agreement for that country.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Eztaskers' website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Eztaskers' website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Eztaskers at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Eztaskers' website are provided on an 'as is' basis. Eztaskers makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Eztaskers does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Eztaskers or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Eztaskers' website, even if Eztaskers or a Eztaskers authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
NEITHER EZTASKERS, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE TASKRABBIT PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EZTASKERS 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 EZTASKERS PLATFORM.
UNDER NO CIRCUMSTANCES WILL EZTASKERS AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE EZTASKERS AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM 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 EZTASKERS, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH CASES THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
EZTASKERS AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS EZTASKERS PLATFORM EZTASKERS AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE EZTASKERS PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT EZTASKERS 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 EZTASKERS (IF YOU ARE A CLIENT) OR TOTAL TASK PAYMENTS PAID TO YOU BY CLIENTS (IF YOU ARE A TASKER), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
5. Accuracy of materials
The materials appearing on Eztaskers' website could include technical, typographical, or photographic errors. Eztaskers does not warrant that any of the materials on its website are accurate, complete or current. Eztaskers may make changes to the materials contained on its website at any time without notice. However Eztaskers does not make any commitment to update the materials.
Eztaskers has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Eztaskers of the site. Use of any such linked website is at the user's own risk.
Eztaskers may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
8.Agreement to Binding Arbitration
IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND EZTASKERS MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.
YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND EZTASKERS ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL DISPUTES AND CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES THAT, BY THE TERMS OF THIS ARBITRATION AGREEMENT, ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.
9.User Representations and Warranties
All Users represent and warrant that:
• You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for Cyprus based users), and are otherwise capable of entering into binding contracts;
• 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;
• You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Task or any interaction by or with any User and/or Eztaskers in connection with the Eztaskers Platform without the prior written consent of Eztaskers and/or the relevant User, as applicable;
• You will fulfill the commitments you make to other Users, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Tasker or Client as the case may be, and only utilize the third party payment service provider specified or approved by Eztaskers to make or receive payment for services provided through the Eztaskers Platform (the “PSP”) or directly from User to Tasker.
• You will act professionally and responsibly in your interactions with other Users;
• You will use your real name or business name and an up-to-date photo on your profile;
• When using or accessing the Eztaskers Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
• You will not use the Eztaskers Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
• 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.
• Other than as fully and promptly disclosed in writing to Eztaskers, you do not have any motivation, status, or interest that Eztaskers may reasonably wish to know about in connection with the Eztaskers Platform, including without limitation, if you are using or will or intend to use the Eztaskers Platform for any journalistic, academic, investigative, or unlawful purpose.
Taskers additionally represent and warrant that:
• When using the Eztaskers Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
• You are customarily engaged in an independently established business of the same nature as the services performed for Clients through the Eztaskers Platform, and maintain an independent clientele;
• You have the unrestricted right to work in the jurisdiction in which you will be performing Tasks;
• If the Task is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
• You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Tasks if such license is applicable to the Task you are performing;
• You have any and all insurance required to operate your business and provide your services;
• You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Task(s) as agreed upon with your Client; and providing timely, high-quality services to your Clients;
• You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.
10. Contract between Clients and Taskers
You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of a Task. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the TaskRabbit Platform, and any other contractual terms accepted by both the Tasker and their Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 10, and do not expand Eztaskers’ obligations or restrict Eztaskers’ rights under this Agreement. Eztaskers is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between Eztaskers and the Tasker, nor will it create an employment relationship between the Client and the Tasker. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Eztaskers. Eztaskers’ role, beyond enabling connections between Clients and Taskers via it’s web-based communications platform, is to act as a limited payment collection agent for the Tasker to facilitate payment for Tasks on behalf of the Tasker through the Eztaskers Platform using the PSP. In acting as the limited payment collection agent for Tasks on the Eztaskers Platform, Eztaskers disclaims any other agency or authority to act on behalf of the Tasker, and assumes no liability or responsibility for any acts or omissions of the Tasker, either within or outside of the Eztaskers Platform.
Where approved in advance by the Client, the Tasker is not obligated to personally perform the Task. Taskers may engage assistants, helpers, subcontractors or other personnel (collectively “Tasker Assistants”). For safety reasons, such Tasker Assistants shall have been background checked through the Eztaskers Platform. A Tasker’s failure to comply with this provision shall be a violation of these Terms of Service and could lead to removal from the Eztaskers Platform. The Tasker assumes full and sole responsibility for the acts and omissions of such Tasker Assistants and is fully responsible for the lawful payment of all compensation, benefits and expenses of Tasker Assistants, if any, and for all required and applicable tax withholdings as to such Tasker Assistants. Clients are responsible for confirming with their Tasker that any Tasker Assistants are registered Taskers on the Eztaskers Platform and Clients understand that they are entering into separate Service Agreements with the Tasker and each Tasker Assistant.
While using the Eztaskers Platform, Clients, in their sole discretion, determine whether they will be present or not when a Task is performed. Clients who elect not to be present when a Task is performed agree that if someone other than them books the Task on their behalf or is present when the Task is performed, they are appointing that person as their agent (“Client’s Agent”) and the Tasker may take and follow direction from the Client’s Agent as if such direction was given from the Client him or herself. If you are a Client’s Agent and accessing and using the Eztaskers Platform on behalf of a Client, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. Client assumes full and sole responsibility for the acts and omissions of Client’s Agents. Client’s Agents are deemed third parties for the purposes of the Happiness Pledge and are thereby excluded from it.
The Client shall pay their Tasker(s) in full for all Task services via the PSP or directly to him as indicated on the Eztaskers Platform, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Task.
11. Billing and Payment
Users of the Eztaskers Platform contract for Tasks directly with other Users. Eztaskers will not be a party to any contracts for Tasks or services. Payment for Task services through the Eztaskers Platform is made directly from the Client to the Tasker via the PSP or directly, and not by Eztaskers. Eztaskers is not obligated to compensate Tasker for Client’s failure to pay for services.
12. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Cyprus and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.