The TaskRabbit Happiness Pledge Terms (Canada)
Last updated: February 20, 2020
What is the “TaskRabbit Happiness Pledge”?
TaskRabbit is a technology platform that allows Users to connect with each other so they can be their most productive selves. 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 assume responsibility for the actions of Users. Clients are advised to confirm with their Tasker that s/he 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.
If Users fail to resolve an issue between themselves, and subject to the terms, exclusions and limitations set forth in the Agreement (including this TaskRabbit Happiness Pledge), TaskRabbit may offer the following in its discretion on a case-by-case basis:
- Clients up to CAD Ten Thousand Dollars ($10,000) per occurrence for Property Damage arising as a direct result of Negligence of a Tasker during performance of a Task through the TaskRabbit Platform;
- Users up to CAD Ten Thousand Dollars ($10,000) per occurrence for Bodily Injury sustained by a User who did not cause the injury, as a direct result of Negligence by another User during the performance of a Task through the TaskRabbit Platform;
- Clients up to CAD Ten Thousand Dollars ($10,000) per occurrence for Theft of a User’s property by a Tasker during performance of a Task through the TaskRabbit Platform.
Terms and Conditions: Payments made under the TaskRabbit Happiness Pledge are entirely discretionary; however, in order to be eligible for payment under the TaskRabbit Happiness Pledge, Users must comply with the following terms and conditions:
- If the Task giving rise to the Happiness Pledge Claim (“the Claim”) required a licensed professional to perform (e.g., this could include plumbing, electrical, medical professionals, legal work, notaries public, licensed general contractors, exterminators, etc), the Client has obtained proof prior to the execution of the Task that the Tasker has such license;
- The Task giving rise to the Claim must not violate TaskRabbit’s Terms of Service;
- The Task giving rise to the Claim must have been matched through the TaskRabbit Platform, performed by the hired Tasker, and paid for in full via the TaskRabbit Platform;
- You must submit a TaskRabbit Resolution Request Form within fourteen (14) days of the performance of the Task giving rise to the Claim;
- You must not have submitted a separate Happiness Pledge Claim within ninety (90) days prior to the occurrence of the Task giving rise to the Claim;
- You must not have violated our Terms of Service; and
- Your TaskRabbit account is in good standing, with no outstanding or pending balances owed to TaskRabbit or other Users.
What is excluded from the TaskRabbit Happiness Pledge?
The TaskRabbit Happiness Pledge does not cover Property Damage, Bodily Injury, Theft, or other losses or damages arising from or in any way related to any of the following (the “Excluded Losses”):
- Losses arising from operation of any motor vehicle, bicycle, aircraft or watercraft by a User;
- Losses resulting from the installation, repair, or removal of a Murphy Bed or other wall-mounted bed, pull down bed, or fold-down bed;
- Losses arising out of any intellectual property claim;
- Losses arising out of interruption of business, loss of market, loss of income and/or loss of use, unemployment compensation, losses associated with the unauthorized access to Electronic Data, or any other indirect, consequential or special damages;
- Losses for Property Damage exceeding the original value or replacement value (whichever is the lesser), less any standard depreciation;
- Losses to Ineligible Property;
- Client losses arising from Negligence of a Client or third party, or from Client’s lack of supervision of the Task;
- Tasker losses arising from Negligence of a Tasker or third party;
- Losses arising from a manufacturer’s or a product’s defects, or from pre-existing damages or conditions of the item or property, normal wear and tear, or deterioration;
- Losses arising from items (including but not limited to tools) supplied by the Client, or resulting from Client’s recommendations or instructions (i.e. if a manufacturer recommends affixing furniture to a wall and a Client declines to have furniture affixed, or Client directs Tasker to perform the Task in a manner that results in damages);
- Losses that are a normal part of or natural result of the Task undertaken;
- Losses arising from intentional acts (other than Theft), including but not limited to: (i) assault and battery, (ii) sexual abuse or molestation, (iii) identity theft or fraud;
- Losses directly or indirectly arising out of flooding or water damage, or relating to mildew, mold, fungi, spores, or other bacteria or microorganisms of any type, nature or description, including but not limited to any substance whose presence poses an actual or potential threat to human health;
- Losses associated with a User sharing, providing access to, or otherwise providing the User’s Electronic Data and/or account information to another User or a third party, including but not limited to losses resulting from phishing scams and account takeover;
- Losses beyond the specific damaged area (i.e. if the Task caused a scratch in the floor, the Happiness Pledge will address repairs to the scratched area only; likewise, for Property Damage that is cosmetic in nature and does not impact the usability of the item, the Happiness Pledge will address repairs to the damage only);
- Losses arising from products containing or causing hazardous or harmful materials, communicable diseases, or pollution;
- Displacement costs, including hotel and other accommodations;
- Losses arising out of acts of nature or superior forces, including but not limited to: pollution, earthquakes, and weather-related events such as rain, wind, etc.;
- Losses arising from acts of terrorism;
- Losses resulting from cancellation by a Tasker, including increased costs associated with re-booking a new Tasker or hiring a third party;
- Losses resulting from Theft without a valid police report;
- Losses reported more than 14 days after the Task took place; and
- Losses with insufficient documentation.
The Happiness Pledge is not insurance
You understand and agree that the TaskRabbit Happiness Pledge is not insurance, and that no User or third party is an insured or third party beneficiary.
TaskRabbit has the right to subrogate against any person or entity who may be responsible for causing the Losses giving rise to a Claim, including Users or any third party. By making a Claim under this Happiness Pledge you agree you will assist in, and cooperate fully with, any actions taken by TaskRabbit or its agents to subrogate a Claim and, if required, you agree to enter into a conventional subrogation agreement with TaskRabbit or its agents.
If you carry insurance that would cover you in the event of a Claim, including but not limited to renter’s insurance, homeowner’s insurance, medical insurance, or an umbrella policy (“Personal Insurance”), you must seek compensation for Losses from your Personal Insurance, prior to seeking compensation by way of the Happiness Pledge. The Happiness Pledge will only compensate for Losses to the extent not otherwise covered by your Personal Insurance. TaskRabbit has the right to provide a User’s contact information to an insurance company or to another User in order to facilitate a resolution of a Claim.
How do I submit a Happiness Pledge Claim?
To submit a Claim, please complete the TaskRabbit Resolutions Request Form within fourteen (14) days of the performance of the Task giving rise to the Claim. Before contacting TaskRabbit, you must first make a good faith attempt to resolve the issue directly with the User(s) involved. All Claims will be reviewed on a case-by-case basis.
During our claims assessment process, you agree to (i) protect and preserve any damaged property that is the basis of a Claim from further damage; (ii) assist or allow TaskRabbit or its agents access to make copies, photographs and recordings of anything relating to the Claim; (iii) allow TaskRabbit or its insurers access to inspect anything relating to the Claim (iv) accept repairs by a Tasker first; and (v) submit requested materials by the dates outlined by the TaskRabbit Support or Resolutions Teams.
If any part of your Claim is approved, then as a condition to any payment to you under the TaskRabbit Happiness Pledge, you agree:
- to release and hold harmless TaskRabbit and Affiliates from any further liability or obligations with respect to the facts and circumstances of the matters set forth in the Claim;
- to treat as confidential the resolution of your Claim, as well as any associated Resolutions Agreement;
- subject to applicable law (which for Clients may include the Province of Quebec), to refund to TaskRabbit any amounts that TaskRabbit determines to have been erroneously paid to you with respect to an approved Claim; and
- to execute and deliver to TaskRabbit the “TaskRabbit Resolutions Agreement” upon request.
No person, entity or agent, including any User or any TaskRabbit employee, may alter the terms of this Happiness Pledge. Users may not assign or transfer the terms of the Happiness Pledge, and no party shall be a third party beneficiary of these terms. The terms of this Happiness Pledge are not intended to and shall not be construed to give any person or entity other than a User of the TaskRabbit platform any interest or 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. Subject to applicable law (which for Clients may include the Province of Quebec), the TaskRabbit Happiness Pledge shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. TaskRabbit reserves the right, in its sole and absolute discretion, to eliminate the Happiness Pledge altogether or change, modify or delete any of the terms of this Happiness Pledge at any time, effective with or without prior notice and without any liability to TaskRabbit. TaskRabbit will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. Subject to applicable law (which for Clients may include the Province of Quebec), if any future changes to this Happiness Pledge are unacceptable to you, you must deactivate, and immediately stop using, the TaskRabbit Platform. Your continued use of the TaskRabbit Platform following any revision to this Happiness Pledge constitutes your complete and irrevocable acceptance of any and all such changes.
"Bodily Injury" means physical injury, sickness or disease sustained by any person, including but not limited to death resulting from any of these.
“Electronic Data” means data or information stored electronically or in digital format including data, information, audio, video, files, databases, software, systems, applications, tapes, drives, cloud storage or data processing devices.
"Happiness Pledge Claim” or “Claim” means a dispute resulting in Property Damage, Bodily Injury or Theft which is submitted via the TaskRabbit Resolutions Request Form pursuant to the terms and conditions set forth herein.
“Ineligible Property” means cash or other currency, animals, fine art (paintings, photos, pictures, textiles, sculptures or other mediums of art, antiques, precious stones or metals and similar property of rare or historical value); Electronic Data; damage to common areas; and/or items of sentimental value like heirlooms or photographs beyond the straight replacement value.
"Losses" means any Property Damage, Bodily Injury or Theft other than Excluded Losses.
“Negligence” means a finding by TaskRabbit, in its sole discretion, that a User’s action or omission (a) breached a duty to other Users during the performance of a Task and (b) was the proximate cause of that User’s actual damages.
"Property Damage" means physical damage to, loss, or destruction of tangible property belonging to a User.
"Theft" means the intentional and fraudulent taking by one User of another User’s tangible personal property without permission or consent of the owner, with intent to convert it to another’s use.