TaskRabbit Global Terms of Service

Last updated: Feburary 20, 2020

These Terms of Service constitute a legally binding agreement between you and TaskRabbit, Inc. (“Company” or “TaskRabbit”) governing your use of the TaskRabbit Platform (as defined below), Company’s website (www.taskrabbit.com, www.taskrabbit.co.uk, www.taskrabbit.ca, www.taskrabbit.fr, www.taskrabbit.de, www.taskrabbit.es, or the “Site”) and mobile applications (the “Apps”). The TaskRabbit 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 (both as defined at Section 1) in relation to the services, together are hereinafter collectively referred to as the “TaskRabbit Platform.”

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

Your consent at registration and continued use of the TaskRabbit Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Global Terms of Service, the Privacy Policy, the TaskRabbit Happiness Pledge (the “Happiness Pledge”) for the country in which the Task is performed, and any future amendments and additions to this Agreement (as defined below) as we may publish from time to time. Notification of amendments or updates to our Terms of Service will be provided in accordance with Section 24. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the TaskRabbit Platform.

The Privacy Policy and the Happiness Pledge for your country (or the country in which the Task is performed, if different from your country) are incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this “Agreement”.

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

PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND TASKRABBIT CAN BE RESOLVED. IF YOU ARE A USER IN THE U.S. OR CANADA, IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SEE U.S. AND CANADA JURISDICTION-SPECIFIC SECTIONS FOR MORE DETAILS). 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 THE U.S. AND CANADA JURISDICTION-SPECIFIC SECTIONS, AS APPLICABLE) AND YOU ACCEPT ALL OF ITS TERMS.

Your use of the TaskRabbit 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 Terms of Service, the Privacy Policy, and the TaskRabbit Happiness Pledge for that country.

A few highlights of these Terms of Service include:

  • You must be at least the legally required age in the jurisdiction in which you reside (18 years old for U.S. based users), and otherwise capable of entering into binding contracts, in order to use or access the TaskRabbit Platform (Section 2).
  • Your agreement that the technology for the TaskRabbit Platform is provided “as is” and without warranty (Section 17).
  • Your agreement that Company provides no warranty and has no liability regarding User action on the TaskRabbit Platform or the performance of Tasks (as defined below in Section 1) (Section 17).
  • Your acknowledgment and agreement that Clients, and not TaskRabbit, supervise, scope, direct, control, or monitor a Tasker’s work and the Tasks performed (Section 1).
  • Your acknowledgement and agreement that Clients are solely responsible for determining if the Tasker they hire is qualified to perform the task at hand (Sections 1 and 23).
  • Your acknowledgement and agreement that Taskers are independent contractors of Clients and not employees, independent contractors or service providers of TaskRabbit (Section 1).
  • Your agreement to hold harmless and indemnify Company from claims due to your use or inability to use the TaskRabbit Platform or content submitted from your account to the TaskRabbit Platform (Section 18).
  • Your consent to the dispute resolution procedures of Section 19 (and the related Jurisdiction-specific Provisions for the U.S. and Canada, if applicable, including submitting any claims against Company to binding arbitration, and on an individual basis only).

1. The TaskRabbit Platform Connects Taskers and Clients

The TaskRabbit Platform is a web-based communications platform which enables connections between Clients and Taskers. “Clients” are individuals and/or businesses seeking to obtain short-term task services (“Tasks”) from Taskers and are therefore clients of Taskers, and “Taskers” are individuals and/or businesses seeking to perform Tasks for Clients. Clients and Taskers together are hereinafter referred to as “Users.” If you agree on the terms of a Task 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.

TASKERS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PERFORM TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. USERS HEREBY ACKNOWLEDGE THAT COMPANY 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.

The TaskRabbit Platform enables connections between Users for the fulfillment of Tasks. 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 Tasks, Taskers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. Company makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Tasks requested or services provided by, or the communications of or between, Users identified through the TaskRabbit Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.

2. User Background Checks and User Representations and Warranties

User Background Checks

Users may be subject to a review process before they can register for and during their use of the TaskRabbit Platform, which may include but is not limited to: identity verification, right to work checks, and criminal background checks, using third party services as appropriate (“Background Checks”). Although Company may perform Background Checks, Company cannot confirm that each User is who they claim to be, and Company cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.

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. TaskRabbit will not be liable for any false or misleading statements made by Users of the TaskRabbit Platform. NEITHER TASKRABBIT 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 “TASKRABBIT AND 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 TASKRABBIT 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 TASKRABBIT PLATFORM.

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 U.S. 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 have read, understand, and agree to be bound by these Terms of Service, the Privacy Policy, and the Happiness Pledge applicable to the country where the Task is performed in order to access and use the TaskRabbit Platform;
  • 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 Task or any interaction by or with any User and/or Company in connection with the TaskRabbit Platform without the prior written consent of Company 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 the Company to make or receive payment for services provided through the TaskRabbit Platform (the “PSP”);
  • You will act professionally and responsibly in your interactions with other Users;
  • You will use your real name and an up-to-date photo on your profile;
  • When using or accessing the TaskRabbit Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
  • You will only purchase or deliver alcohol products if both Tasker and Client are 21 years of age or older;
  • 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, 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 TaskRabbit Platform, including without limitation, if you are using or will or intend to use the TaskRabbit Platform for any journalistic, academic, investigative, or unlawful purpose. You agree to prompt disclose to Company in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the TaskRabbit Platform.

Taskers additionally represent and warrant that:

  • You are engaged in an independently established trade, occupation, or business of the same nature as the work performed on the TaskRabbit Platform;
  • You have the unrestricted right to work in the jurisdiction in which you will be performing Tasks without additional immigration approvals;
  • You will respond to invitations promptly; perform the Task(s) as agreed upon with your Client; and 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 provide those services safely and in accordance with all applicable laws.

3. Contract between Clients and Taskers

You acknowledge and agree that a legally binding contract (the “Service Agreement”) is formed when you agree on the terms of a Task 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 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 3, and do not expand Company’s obligations or restrict Company’s rights under this Agreement. 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 Tasker, nor will it create an employment relationship between the Client and the Tasker. Company’s role is to act as a limited payment collection agent for the Tasker to facilitate payment for Tasks on behalf of the Tasker through the TaskRabbit Platform using the PSP. In acting as the limited payment collection agent for Tasks on the TaskRabbit Platform, TaskRabbit 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 TaskRabbit Platform.

Where approved in advance by the Client, the Tasker is not obligated to personally perform the Task. Before any Task services are performed by any assistants, helpers, subcontractors or other personnel engaged by the Tasker (collectively “Assistants”), the Tasker shall require any such individuals to become fully registered and active Taskers on the TaskRabbit Platform. A Tasker’s failure to comply with this provision by bringing an Assistant who is not a registered Tasker shall be a violation of these Terms of Service and could lead to removal from the TaskRabbit Platform. The Tasker 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 tax withholdings as to the Tasker and all persons engaged by the Tasker in the performance of the Task services. Clients are responsible for confirming with their Tasker that any Assistants brought to their Task are registered Taskers on the TaskRabbit Platform.

While using the TaskRabbit 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 (i.e. spouse, roommate, friend, etcetera) 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.

The Client shall pay their Tasker directly for completed Task services through the PSP as indicated on the TaskRabbit 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. Both Users agree to notify Company of any disputes prior to filing of any claims and to negotiate any dispute informally via Company representatives for at least thirty (30) days before initiating any proceeding.

4. Billing and Payment

Users of the TaskRabbit Platform contract for Tasks directly with other Users. Company will not be a party to any contracts for Tasks or services. Payment for Task services through the TaskRabbit Platform is made directly from the Client to the Tasker via the PSP, and not by Company. Company is not obligated to compensate Tasker for Client’s failure to pay for services.

Users of the TaskRabbit Platform will be required to provide their payment method details to Company and the PSP. Taskers are responsible for accurately invoicing their Clients within 24 hours of the work being performed, even if the Task is not completed in its entirety or is designated as “ongoing”. Clients will be responsible for paying the invoice for each Task (the “Invoice”), which will include (i) the pricing terms of the Task provided by the Tasker and agreed upon by the parties (“Task Payment”), (ii) any out of pocket expenses agreed upon by the parties and submitted by the Tasker in connection with the Task, (iii) the service charge Company assesses to the Client as payable for the use of the TaskRabbit Platform, variable based on the Task Payment amount, and (iv) the platform fee (sometimes referred to as Trust & Support Fee) Company assesses to the Client, which is used to offset Company’s cost of providing Users with customer support, providing the Happiness Pledge, and other various business objectives, or (vi) cancellation fees, if applicable. In addition, a tip or gratuity, as applicable, may be added by the Client or at the Client’s direction to the Invoice. Taskers will be responsible for paying (i) registration fees, if applicable, (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 Task individually, or Tasks in the aggregate over a 30-day period, exceed $300.00 or the equivalent amount in your country’s currency.

Taskers will be required to set up an account with the PSP, which may require any or all of the following: registration with the PSP, agreement with the terms of service of the PSP (the “PSP Services Agreement”), and completion of a vetting process and/or account validation at the request of the PSP. 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 TaskRabbit 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 TaskRabbit has no obligations, responsibility or liability to any Tasker or other 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 and prior to each booking. As part of the validation process, temporary charges may be 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 depending on the estimated value of the Task and expenses.

When Client receives confirmation through the TaskRabbit Platform or via email that a Task has been completed, Client automatically authorizes the PSP to process the Invoice. Users may be charged a one-hour cancellation fee at the Tasker’s hourly rate through the PSP if you book (or accept) a Task, but cancel it before (or fail to appear upon) the scheduled time for performance.

Company reserves the right (but not the obligation) upon request from Client or Tasker, or upon notice of any potential fraud, unauthorized charges or other misuse of the TaskRabbit Platform, to (i) place on hold any Task 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.

The Task Payment, service charge, and platform fee must be paid through the PSP as indicated on the TaskRabbit Platform.

Users of the TaskRabbit Platform will be liable for any taxes (including VAT, if applicable in the country where the Task is performed) required to be paid on the Tasks provided under the Agreement.

5. Contests, Gift Cards, and Promotional Codes

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 implemented, modified, or removed at any time by Company without advance notification. The liability of TaskRabbit and Affiliates, as well as any of Company’s corporate partners pursuant to such promotional opportunities and contests, shall be subject to the limitations set forth in Section 17 of these Terms of Service.

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

(a) Promo Codes

Promo Codes are an offer by Company to reduce the amount a Client has to pay in relation to a Task Payment, service charge, and/or platform fee. Promo Codes will not affect the amount of the Task Payment a Tasker ultimately receives. The use or application of any Promo Code is solely intended as a promotional initiative and does not in any way create a relationship or engagement between Company or the Tasker or Client, or constitute wages, fees or other amounts paid to the Tasker by Company. You agree that you will use Promo Codes in accordance with the terms and conditions governing the Promo Code. A new user Promo Code may only be used once by any User, regardless of the email address used during registration. 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 the use or redemption of a Promo Code was in error, fraudulent, illegal, or otherwise in violation of the applicable Promo Code terms and conditions or this Agreement.

(b) Gift Cards

Gift cards can only be used in connection with Tasks performed on the TaskRabbit Platform, are not replaceable if lost or stolen and have no expiration date. Gift cards have no cash value and cannot be exchanged for cash except as required by law. Gift Cards must be entered directly into the Client account; they may not be directly accepted by Taskers as a payment method.

A Gift Card cannot be combined with any other Gift Cards, gift certificates or Promo Codes. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” (or 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. 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. Gift Cards and their use are subject to this Agreement, and use of a Gift Card constitutes acceptance thereof.

You agree to comply with all Gift Card terms and conditions.

6. Public Areas; Acceptable Use

The TaskRabbit Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, task 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 TaskRabbit Platform, you should not share your personal contact information with other Users.

Without limitation, the TaskRabbit Platform may not be used for any of the following purposes:

  • To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and TaskRabbit staff;
  • To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
  • To 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;
  • To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage TaskRabbit or its Users’ computers;
  • To advertise or offer to sell any goods or services for any commercial purpose through the TaskRabbit Platform which are not relevant to the Task services;
  • To post or complete a Task 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) travel into different countries during the performance of a Task, (iv) provide ridesharing or other peer to peer transportation services, (v) post ratings or reviews on any third party website in breach of such third party website’s terms of use, or (vi) otherwise engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by Company in its sole discretion;
  • To 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 user profile to post or view comments;

While using the TaskRabbit Platform, you may not:

  • Use the TaskRabbit Platform for any unauthorized or illegal purpose, including but not limited to posting or performing a Task in violation of local, state, provincial, national, or international law;
  • Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;
  • Impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments;
  • Post the same Task repeatedly (“Spamming”);
  • Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the TaskRabbit Platform;
  • Restrict or inhibit any other User from using and enjoying the Public Areas;
  • Imply or state that any statements you make (whether on or off the TaskRabbit Platform) are endorsed by TaskRabbit, without the prior written consent of TaskRabbit;
  • 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 TaskRabbit Platform, or the electronic addresses or personal information of others, in any manner;
  • Frame or utilize framing techniques to enclose the TaskRabbit Platform or any portion thereof;
  • Hack or interfere with the TaskRabbit Platform, its servers or any connected networks;
  • Adapt, alter, license, sublicense or translate the TaskRabbit Platform for your own personal or commercial use;
  • Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by TaskRabbit and Affiliates;
  • Upload content to the TaskRabbit 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 TaskRabbit 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 TaskRabbit Platform as set forth herein;
  • Use the TaskRabbit Platform to collect usernames, email addresses, or other personal information of Users by electronic or other means;
  • Use the TaskRabbit Platform or the Task services in violation of this Agreement;
  • Use the TaskRabbit 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 charge or platform fee in any way including, but not limited to, making or processing payments outside of the TaskRabbit 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. TaskRabbit will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.

7. Mobile App Updates and Upgrades

By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the TaskRabbit Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with TaskRabbit’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.

8. Termination and Suspension

Company may suspend your right to use the TaskRabbit Platform pending investigation of, or terminate or limit your right to use the TaskRabbit Platform upon a finding that you have breached any provision of this Agreement (a “User Breach”), by providing you with written or email notice.

If Company terminates or limits your right to use the TaskRabbit Platform pursuant to this Section 8, you are thereafter 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.

Even after your right to use the TaskRabbit Platform is terminated or limited, this Agreement will remain enforceable against you. Company reserves the right to take appropriate legal action pursuant to the Agreement.

Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the TaskRabbit Platform at its sole discretion. Company will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Company shall not be liable to you for any modification or discontinuance of all or any portion of the TaskRabbit Platform. Company has the right to restrict anyone from completing registration as a Tasker if such person may threaten the safety and integrity of the TaskRabbit Platform, or if, 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 TaskRabbit 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 or your use of the TaskRabbit Platform.

9. Account, Password, Security, and Telephone Communications

You must register with Company and create an account to use the TaskRabbit 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 TaskRabbit 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 TaskRabbit 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. 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 notify Company immediately.

You acknowledge that telephone calls to or from TaskRabbit, together with its agents, affiliates, and independent contractors (including Taskers), may be monitored and recorded for the purposes of quality control and training.

You verify that any contact information provided to TaskRabbit, our agents, affiliates, and independent contractors (including Taskers), including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your account at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by texting STOP to any text message sent to the retiring phone number, or electronically by visiting help.tr.co.

10. 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 TaskRabbit Platform and participation in TaskRabbit promotional campaigns, including without limitation the information and materials 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 TaskRabbit 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 TaskRabbit has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.

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 transfer or sale of counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Task is performed); (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libellous, malicious, threatening, or 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, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, 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 claim or suggest in any way that you are employed or directly engaged by or affiliated with TaskRabbit or otherwise purport to act as a representative or agent of TaskRabbit; 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 TaskRabbit Platform hosts User Generated Content relating to reviews and ratings of specific Taskers (“Feedback”). Feedback is such User’s opinion and not the opinion of Company, and has not been verified or approved by Company. 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 or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such feedback. You may request removal of a review that violates this Agreement or the TaskRabbit Ratings and Reviews Policy by contacting the Support team at help.tr.co. Each Client should undertake their own research to be satisfied that a specific Tasker has the right qualifications for a Task.

TaskRabbit respects the personal and other rights of others, and expects Users to do the same. Company is entitled to identify a User to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.

If a User believes, in good faith, that any User Generated Content provided on or in connection with the TaskRabbit Platform is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify the Company. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify the Company. Such notification can be made at TaskRabbit, Inc., 425 Second Street, 2nd Floor, San Francisco, CA 94104, and shall include the following information: (a) the date of notification; (b) a description of the right that User claims has been infringed; (c) a description of where the content that User claims is infringing is located; (d) if User is a natural person: the User’s full name, profession, domicile, nationality, date and place of birth, and if User is a business, the name and domicile of the business; (e) the reasons for the removal request, including the relevant legal provisions and justifications of facts; and (f) a copy of the correspondence addressed to the author or publisher of the disputed material or activities requesting their interruption, removal or modification, or justification that the author or publisher could not be reached. Upon validation that User Generated Content violates this Agreement, TaskRabbit will remove such content, and may limit or terminate the account of the User who published such content.

Any reference on the TaskRabbit Platform to a Tasker being licensed or credentialed in some manner, or "badged," “reliable,” “reliability rate,” “elite,” “great value,” "background checked," “vetted” (or similar language) designations indicates only that the Tasker has completed a relevant account process or met user review standards and does not represent anything else. Any such description is not an endorsement, certification or guarantee by TaskRabbit of their skills or qualifications or and whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Users whom they contact or interact with via the TaskRabbit Platform.

11. Links to Third-Party Websites

The TaskRabbit 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 TaskRabbit 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 TaskRabbit 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 TaskRabbit 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 TaskRabbit Platform at its sole discretion.

The use of any website controlled, owned or operated by a third party 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. TaskRabbit 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 TaskRabbit Platform. You hereby agree to hold TaskRabbit harmless from any liability that may result from the use of links that may appear on the TaskRabbit Platform.

As part of the functionality of the TaskRabbit Platform, you may link your account with online accounts you may have with third party social networking service providers (such as Facebook or Google) (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) your public profile 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 TaskRabbit account, including without limitation any friend lists, and (ii) TaskRabbit may submit to and receive additional information from your Third-Party Account to the extent specified when you link your account with the Third-Party Account. Unless otherwise stated in these Terms of Service, all SNS Content shall constitute 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 or personal data 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, by revoking permissions in the account settings of your Third-Party Account. 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.

12. 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. IF A CLIENT, YOU AGREE TO INDEMNIFY AND HOLD TASKRABBIT AND AFFILIATES HARMLESS, AND IF A TASKER, YOU FULLY AND FINALLY RELEASE TASKRABBIT AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, CAUSES OF ACTION, DEMANDS, DAMAGES, LOSSES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES THAT TASKERS MAY INCUR, WHETHER UNDER CONTRACT, COMMON LAW, CIVIL LAW, STATUTE OR OTHERWISE, IN RESPECT OF TASKS OR SERVICE AGREEMENTS OR THE USE OF THE TASKRABBIT PLATFORM. IF A CLIENT, YOU ALSO AGREE TO INDEMNIFY AND HOLD TASKRABBIT AND AFFILIATES HARMLESS, AND IF A TASKER, YOU FULLY AND FINALLY RELEASE TASKRABBIT AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, CAUSES OF ACTION, DEMANDS, DAMAGES, LOSSES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES WITH RESPECT TO MISCLASSIFICATION OF TASKERS AND THE PERFORMANCE, TERMINATION OR CESSATION OF ANY TASKS, SERVICE AGREEMENTS, THIS AGREEMENT OR THE USE OF THE TASKRABBIT PLATFORM, WHETHER UNDER CONTRACT, COMMON LAW, CIVIL LAW, STATUTE OR OTHERWISE.

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

The TaskRabbit Platform is not an employment agency service or business and TaskRabbit is not an employer of any User. Taskers acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Tasks and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.

This Section 12 in no way limits the generality of Section 17.

13. TaskRabbit Happiness Pledge

The TaskRabbit Happiness Pledge applicable to the country where the Task is performed is part of this Agreement and incorporated by reference. Taskers determine which 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.

Payments made under the Happiness Pledge are entirely discretionary, and subject to certain conditions, limitations and exclusions, as described in the Happiness Pledge. The Happiness Pledge does not supersede 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 Sections 12 and 17 of these Terms of Service. In the unlikely event of a conflict with the Happiness Pledge, these Terms of Service prevail over any contrary interpretation of the Happiness Pledge. The TaskRabbit Happiness Pledge is not insurance and TaskRabbit is not an insurer, as such terms are generally understood for regulatory purposes.

14. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including TaskRabbit designs, trademarks, and logos (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 as set forth above in Article 10. 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. The Proprietary Material is protected by 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 consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.

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.

15. Copyright Complaints and Copyright Agent

TaskRabbit respects the intellectual property of others and expects Users to do the same. Company is entitled to identify a User to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly. 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, 2nd Floor, San Francisco, California, 94107, USA or copyright@taskrabbit.com (copyright@taskrabbit.co.uk for residents of the United Kingdom):

  • 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 visible. 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 name, 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
  • Your electronic or physical signature as the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

16. 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, for the lifetime of your account on TaskRabbit plus ten (10) years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of 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 use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify TaskRabbit in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to TaskRabbit promptly upon deactivation of your User account or 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 Materials 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 or obtained directly or indirectly in writing, orally or by drawings or observation.

17. Disclaimer of Warranties

Please note that for Users in France, this Section 17 is subject to the jurisdiction-specific exemptions set forth in Section 27(c).

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

THE TECHNOLOGY OF THE TASKRABBIT PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, 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 other Users, or 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 will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.

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 ability, professional accreditation, registration or license.

(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, AND YOU HEREBY RELEASE TASKRABBIT 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 TASKRABBIT, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) 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.

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 (IF YOU ARE A CLIENT) OR TOTAL TASK PAYMENTS PAID TO YOU BY CLIENTS (IF YOU ARE A TASKER) DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

18. 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 (ii) your ability or inability to perform or obtain the performance of Tasks or to receive payment therefore, or (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party and (v) 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 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.

19. Dispute Resolution

To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement or the use or inability to use the TaskRabbit Platform (“Dispute”), you and TaskRabbit agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any out of court settlement (such as mediation if you are a resident of France), arbitration (if you are a resident of U.S or Canada ) or court proceeding (if you are a resident of the U.K. or France). Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to Company. Company’s address for such notice is Attention: Legal TaskRabbit, Inc.,

  • For North American Users: 425 Second Street, 2nd Floor, San Francisco, California, 94107 or
  • For European Users: Attention: TaskRabbit, Witan Gate House, 500-600 Witan Gate West, Milton Keynes, Buckinghamshire, United Kingdom, MK9 1SH AND
  • legal@taskrabbit.com.

PLEASE NOTE: FOR MORE INFORMATION ABOUT DISPUTE RESOLUTION TERMS, PLEASE REVIEW THE JURISDICTION-SPECIFIC SECTION APPLICABLE TO YOU BELOW. IF YOU ARE A USER IN THE U.S. OR CANADA, IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SEE U.S. AND CANADA JURISDICTION-SPECIFIC SECTIONS FOR MORE DETAILS).

20. App Store Sourced Apps

The following applies to any App accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"):

You acknowledge and agree that (i) the Agreement is entered into between you and TaskRabbit only, and Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) TaskRabbit, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between TaskRabbit and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of TaskRabbit, subject at all times to warranty limitations and exclusions set forth in this Agreement.

You and TaskRabbit acknowledge that, as between TaskRabbit and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and TaskRabbit acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between TaskRabbit and Apple, TaskRabbit (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by this Agreement.

You and TaskRabbit acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

21. No Agency; No Employment

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

22. General Provisions

Failure by Company to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Company with respect to its subject matter, and supersedes and governs any and all prior agreements or communications. However, this Agreement does not supersede other agreements about other subject matter that you may have with Company, such as the IKEA Assembly Category Terms and Conditions. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Agreement Prohibiting Class Actions and Non-Individualized Relief” provision in the section applicable to U.S. Residents below, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. You hereby acknowledge and agree that we may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Upon the effective date of the assignment of the Agreement (i) we shall be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment and, (ii) the assignee entity shall replace the assignor entity for the performance of this Agreement. This Agreement may not be assigned or transferred by you without our prior written approval. Any assignment in violation of this Section 22 shall be null and void. This Agreement will inure to the benefit of Company, its successors and assigns.

23. Licensing

Taskers alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Tasks. Indeed, certain types of Tasks and services may be prohibited altogether, and it is the responsibility of Taskers to avoid such prohibited Tasks and services. Penalties may include fines or other law enforcement. If you have questions about how national/ state/ provincial/ territorial and local laws apply to your Tasks and services on the TaskRabbit Platform, you should first seek appropriate legal guidance.

Because TaskRabbit does not supervise, scope, direct, control, or monitor a Tasker’s work or performance of Tasks, Clients must determine for themselves whether a Tasker is qualified to perform the specific Task at hand. Clients may wish to consult their national/state/provincial/territorial or local requirements to determine whether certain Tasks are required to be performed by a licensed or otherwise registered professional. Clients may also wish to discuss with their Tasker any specific hazards, obstacles, or impediments in the Task location (both visible and concealed) that may impact the performance of the Task.

24. Changes to this Agreement and the TaskRabbit Platform

Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service, Privacy Policy, and Happiness Pledge) and review, improve, modify or discontinue, temporarily or permanently, the TaskRabbit Platform or any content or information through the TaskRabbit Platform at any time, effective with or without prior notice and without any liability to Company. Company will endeavor to notify you of material changes to this Agreement by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the TaskRabbit Platform. Your continued use of the TaskRabbit Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction. Company may also impose limits on certain features or restrict your access to part or all of the TaskRabbit Platform without notice or liability.

25. No Rights of Third Parties

The provisions of this Agreement are for the sole benefit of the Parties and their successors and permitted assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights except as set forth in Section 20) or to give any person or entity other than you any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.

26. Notices and Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically, including without limitation by e-mail or by posting Notices on the Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.

If you have any questions about these Terms of Service or about the TaskRabbit Platform, please contact us by email at help@taskrabbit.com or by mail to 425 Second Street, 2nd Floor, San Francisco, California 94107, USA.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY AND HAPPINESS PLEDGE, AND AGREE THAT MY USE OF THE TASKRABBIT PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

27. Jurisdiction-specific Provisions

A. Residents of the United States of America.

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. 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 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.

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 U.S. states, after a period of time, Company may remit the cash associated with unused Gift Card balances to the state pursuant to that state’s abandoned property laws. Once Company has remitted such cash to a state, the Gift Card may no longer be redeemed and Company may direct the Gift Card holder to that state’s government instead. Gift Cards have no cash value and are not redeemable for cash except in the following thirteen U.S. states where it is required by law to the extent noted below. If you are a resident of one of these U.S. states, and the balance on your Gift Card is less than the respective dollar amount below, you may redeem it for cash:

  • California < USD 10
  • Colorado < USD 5
  • Connecticut < USD 3
  • Maine < USD 5
  • Massachusetts < 10% original value remaining
  • Montana < USD 5
  • New Jersey < USD 5
  • Oregon < USD 5
  • Rhode Island < USD 1
  • Texas < USD 2.50
  • Vermont < USD 1
  • Washington < USD 5

Simply send your Gift Card along with a self-addressed, stamped envelope to TaskRabbit, Inc., 425 Second Street, 2nd Floor, San Francisco California, 94107 Attention: Gift Cards.

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 cannot verify your residency, Company will return your Gift Card in the envelope provided. Company will be unable to redeem or return your Gift Card without a self-addressed, stamped envelope and is not responsible for mail that does not arrive at the address provided and cannot guarantee delivery in any way after submittal to the US Postal Service.

Telephone Communications and Agreement to be Contacted

Your Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive prerecorded voice messages, and/or autodialed calls and text messages from us, our agents, affiliates, and independent contractors (including Taskers) related to promotions, your account, registration, orientation, upcoming or scheduled Tasks, product alterations, changes and updates, service outages, reminders about incomplete or upcoming Tasks, follow ups to any push notifications delivered through our mobile application, any transaction with TaskRabbit, and/or your relationship with TaskRabbit. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that TaskRabbit may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from TaskRabbit, our agents, affiliates, and independent contractors (including Taskers) even if you cancel your account or terminate your relationship with us, except if you opt-out (see below). You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. To opt-out, please see the Opt-Out Instructions below.

Opt-Out Instructions. Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, text STOP to any text message you receive or email opt-out-texts@taskrabbit.com and specify that you want to opt out of text messages. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out. To opt-out of automated voice calls (not text messages), you must (i) provide us with written notice revoking your consent to receiving automated calls; (ii) in that written notice, you must include your full name, mailing address, account number, and the specific phone number(s) for which you wish to stop automated calls; and (iii) send this written notice to opt-out-texts@taskrabbit.com. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you.

Fees and Charges. There is no fee to receive automated telephone calls or text messages from TaskRabbit, our agents, affiliates, and independent contractors (including Taskers). However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that TaskRabbit, our agents, affiliates, and independent contractors (including Taskers) are not responsible for such charges.

Unauthorized Use of Your Telephone Device. You must notify Task Rabbit immediately of any breach of security or unauthorized use of your telephone device. Although TaskRabbit, our agents, affiliates, and independent contractors (including Taskers) will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.

Your Indemnification to Us. You agree to indemnify TaskRabbit, our agents, affiliates, and independent contractors (including Taskers) for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.

General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section 27 will survive termination of these Terms of Service.

Worker Classification and Withholdings

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

Media and User Generated Content

To the extent permitted by law, you hereby grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects you provide to Company (collectively, “Media”) in exchange for use of the TaskRabbit Platform, in any media now known or not currently known in order to market, operate, and improve upon the TaskRabbit Platform, including but not limited to the right to the following, to the extent permissible by law in the country where the Task is performed:

  • Use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Media or User Generated Content;
  • Exhibit, distribute, display, transmit, and broadcast on any and all media (including, without limitation, the internet), any Media or User Generated Content (or portion thereof) or any videotape, film, recording, or photograph (or portion thereof) that such User provides to Company or that Company takes of User, and use, reproduce, modify, or creative derivatives of such User Generated Content or Media, including such User’s 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”) in any format and through any distribution channels;
  • Reproduce in any and all media any recordings of such User’s voice, and any related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the TaskRabbit Platform or any TaskRabbit promotional campaigns;
  • Use, and permit to be used, such User’s Media, Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the TaskRabbit Platform in any media, in any format and through any distribution channels; and
  • Use, and permit to be used, such User’s name, and identity in connection with the TaskRabbit Platform or any TaskRabbit promotional campaigns.
  • Further, you hereby waive any and all moral rights in connection with the Media (to the extent allowable by law in the country where the Task is performed). Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third party rights.

Each User acknowledges that TaskRabbit shall not owe any financial or other remuneration for using the Media, Physical Likeness, or Voice provided hereunder by such User, either for initial or subsequent transmission or playback.

Each User hereby waives all rights and releases TaskRabbit and Affiliates from, and shall hold harmless against any such parties for, any claim or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, Physical Likeness, Media, or Voice in connection with the TaskRabbit Platform.

Release

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 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.”

If you are not a California resident, you waive your rights under any statute, regulation, or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

Further, in consideration of the services provided by TaskRabbit, you hereby release TaskRabbit from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).

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.

Background Checks

You will promptly disclose to Company in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses), that arise during your use of the TaskRabbit Platform.

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

As discussed in Section 19 above, 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, 2nd 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 any 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 of such 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 www.adr.org) must be provided to the other party, as specified in the Commercial Arbitration Rules (the “AAA Rules”).

(b) Agreement to Binding Arbitration

IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND TASKRABBIT MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL CLAIMS BETWEEN YOU (EXCEPT THOSE EXPRESSLY EXCLUDED BELOW) 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.

This agreement to arbitrate contained in this section (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives the termination of this Agreement and your relationship with Company.

Claims covered by this Arbitration Agreement include, but are not limited to, any dispute, claim or controversy whether based on past, present or future events arising out of or relating to: this Agreement and prior versions (including the breach, termination, enforcement, interpretation or validity thereof); the TaskRabbit Platform, services, or Tasks; your relationship with TaskRabbit; the threatened or actual suspension, deactivation or termination of your Account or this Agreement; payments made by you or any payments made or allegedly owed to you; any city, county, state or federal wage-hour law; compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, personal injury, property damage or loss, emotional distress; any promotions or offers made by Company; breach of any express or implied contract or breach of any express or implied covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Fair Labor Standards Act, Civil Rights Act of 1964, Uniform Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Company and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters; and all other federal and state statutory and common law claims.

If there is a dispute about the arbitrability of any Claim (including questions about the scope, applicability, interpretation, validity, and enforceability of this Arbitration Agreement), you and TaskRabbit agree that this threshold dispute shall be delegated to the arbitrator (not a court) and that the arbitrator shall have initial authority to resolve such threshold disputes, except as expressly provided below.

YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND TASKRABBIT ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL 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 WHICH BY THE TERMS OF THIS ARBITRATION AGREEMENT ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.

(c) Agreement Prohibiting Class Actions and Non-Individualized Relief

Except as otherwise required under applicable law, you and TaskRabbit agree that any arbitration will be limited to the Claim between TaskRabbit and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND TASKRABBIT ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“Class Action Waiver”). Further, unless both you and TaskRabbit otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. Notwithstanding the foregoing, this Class Action Waiver shall not apply to California Private Attorney General Act Claims brought against Company, which are addressed separately in Section (d) below.

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules (as defined below), disputes regarding the scope, applicability, enforceability, revocability, rescindability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the Claim is filed as a class, collective, or representative action and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining Claims and may remain in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.

(d) Representative PAGA Waiver

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, to the fullest extent allowed by law: (1) you and TaskRabbit agree not to bring a representative action on behalf of others under the California Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under PAGA, both you and Company agree that any such Claim shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “Representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability, rescindability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act Claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the parties agree that court litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.

(e) Rules and Logistics Governing Arbitration

The arbitration will be commenced and conducted under the AAA Rules in effect at the time the arbitration is initiated and modified by the terms set forth in this Agreement, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. You and TaskRabbit agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.

As part of the arbitration, both you and Company will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim(s). The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision, which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all Claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules) subject to the following modifications:

(i) If Company initiates arbitration under this Arbitration Agreement, Company will pay all AAA filing and arbitration fees.

(ii) If a Client or Tasker files a Claim in accordance with this Arbitration Agreement and the associated claim for damages does not exceed USD $10,000, Company will pay all AAA filing and arbitration fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

(iii) If a Client or Tasker files a Claim in accordance with this Arbitration Agreement and the associated claim for damages exceeds USD $10,000, Company shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses, and the Client or Tasker shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which they perform Tasks, unless a lower fee amount would be owed by you as required by law or the applicable AAA Rules. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), however, then the allocation of fees will be governed by the applicable AAA Rules.

(iv) Except as required by law or the applicable AAA Rules, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the Claim(s) were litigated in a court, such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).

(v) At the conclusion of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party, to the extent authorized by applicable law or the applicable AAA Rules.

Unless you and Company agree otherwise, any arbitration hearings between Company and a Tasker will take place in the county of your billing address, and any arbitration hearings between Company and a Client will take place in the county in which you received Task services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration.

(f) Exceptions to Arbitration

The following types of Claims may be, but are not required to be, arbitrated under the Arbitration Agreement:

  • Claims for workers’ compensation, disability insurance and unemployment insurance benefits;
  • Small claims actions that are within the scope of small claims court jurisdiction and brought on an individual basis;
  • Applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights;
  • A representative action brought on behalf of others under PAGA or other private attorney general acts, to the extent the representative PAGA Waiver in Section 19(d) is deemed unenforceable by a court of competent jurisdiction; and
  • Claims that may not be subject to arbitration as a matter of general law not preempted by the Federal Arbitration Act.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or a similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. However, you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Agreement. This Agreement and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement and do not prevent you from receiving an award for information provided to any government agencies.

(g) Severability

Except as otherwise provided in the severability provisions in Sections (c) and (d) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

(h) Right to Opt Out of Arbitration Agreement

If you are a Tasker, you may opt out of the Arbitration Agreement by notifying Company in writing within thirty (30) days of your agreement to these Terms of Service. To opt out, you must send a written notification to Company at TaskRabbit, Inc., 425 Second Street, 2nd Floor, San Francisco California, 94107 Attention: Legal, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions.

Governing Law

Except as expressly provided otherwise, this Agreement and your use of the TaskRabbit Platform will be governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise.

B. Residents of Canada.

All monetary amounts set forth herein may be paid in the applicable Canadian Dollar equivalent using conversion rates from USD on the date of payment to the User.

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. 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 AND YOU ACCEPT ALL OF ITS TERMS.

Worker Classification and Withholdings

TaskRabbit is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to applicable sales taxes, HST/QST/GST/PST, unemployment or employment insurance, Canada Pension Plan, social security, disability insurance or any other applicable federal or provincial withholdings in connection with a User’s use of the TaskRabbit Platform.

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 EXCEPTIONS, REQUIRE YOU AND TASKRABBIT TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

Except where prohibited by law, any controversy, claim or dispute arising out of, relating to, or in respect of these Terms, including their negotiation, validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any party, or the rights, duties or obligations of any party derived from or associated with these Terms (a “Dispute”), shall be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules. If the parties have not agreed upon an arbitrator within 14 days, unless otherwise agreed by the parties in writing, the parties shall ask the ADR Institute of Canada, Inc. to appoint a single arbitrator. For greater certainty, neither Taskers nor Clients shall commence or participate in a class proceeding or other aggregate action in respect of any Dispute, except and to the extent that provincial consumer protection legislation expressly preserves such an entitlement in the context of the particular Dispute.

The seat of the arbitration shall be the same as the provincial or territorial law governing this Agreement(i.e., the Province of Ontario). The arbitration shall be heard in the capital of the seat, unless the parties agree otherwise. The costs and expenses of the arbitrator shall be shared equally between the parties. A party to the arbitration has no right of appeal from any award of the Arbitrator, whether characterized as final, interim, interlocutory or partial.

All Disputes referred to arbitration (including the scope of the agreement to arbitrate, the law relating to the enforcement of the agreement to arbitrate, any relevant limitation periods, the law governing the procedure of the arbitration, the law relating to available remedies, set-off claims and conflict of laws rules) shall be governed by the law of the seat. Each party hereby irrevocably consents to venue in the capital of the seat, and to the jurisdiction of competent courts in the capital of the seat for all litigation that may be brought; however it is agreed and acknowledged that the intention of the parties is to arbitrate the Dispute without recourse to the courts.

A party to this Agreement may take such steps as are permitted or required to enforce an award made by an Arbitrator. Except as required by law, and only to the extent that such disclosure is reasonably necessary, or for the purposes of obtaining professional advice, the existence of the arbitration and any element of the arbitration, including any award, shall be confidential and shall not be disclosed to any non-party to the arbitration. No document or other evidence or information prepared for or produced by or on behalf of any party to the arbitration shall be disclosed to any non-party to the arbitration.

Governing Law

Except as expressly provided otherwise, this Agreement and your use of the TaskRabbit Platform will be governed by, and will be construed under, the laws of the Province of Ontario, without regard to choice of law principles. This choice of law provision is only intended to specify the use of Ontario law to interpret this Agreement and is not intended to create any substantive right to non-residents of Ontario to assert claims under Ontario law whether by statute, common law, or otherwise.

Mobile Phone Use

By providing your mobile phone number and using the TaskRabbit Platform, you hereby affirmatively consent to TaskRabbit’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 TaskRabbit Platform, (b) facilitate the carrying out of Tasks through the TaskRabbit Platform, (c) provide you with information and reminders regarding your registration, orientation, upcoming Tasks, product alterations, changes and updates, service outages or alterations. These calls and texts may include, among other things, reminders about uncompleted or upcoming Tasks 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, data 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@taskrabbit.com 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@taskrabbit.com and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.

Background Checks

You will promptly disclose to Company in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses), that arise during your use of the TaskRabbit Platform.

Media and User Generated Content

To the extent permitted by law, you hereby grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects you provide to Company (collectively, “Media”) in exchange for use of the TaskRabbit Platform, in any media now known or not currently known in order to market, operate, and improve upon the TaskRabbit Platform, including but not limited to the right to the following, to the extent permissible by law in the country where the Task is performed:

  • Use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Media or User Generated Content;
  • Exhibit, distribute, display, transmit, and broadcast on any and all media (including, without limitation, the internet), any Media or User Generated Content (or portion thereof) or any videotape, film, recording, or photograph (or portion thereof) that such User provides to Company or that Company takes of User, and use, reproduce, modify, or creative derivatives of such User Generated Content or Media, including such User’s 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”) in any format and through any distribution channels;
  • Reproduce in any and all media any recordings of such User’s voice, and any related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the TaskRabbit Platform or any TaskRabbit promotional campaigns;
  • Use, and permit to be used, such User’s Media, Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the TaskRabbit Platform in any media, in any format and through any distribution channels; and
  • Use, and permit to be used, such User’s name, and identity in connection with the TaskRabbit Platform or any TaskRabbit promotional campaigns.

Further, you hereby waive any and all moral rights in connection with the Media (to the extent allowable by law in the country where the Task is performed). Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third party rights.

Each User acknowledges that TaskRabbit shall not owe any financial or other remuneration for using the Media, Physical Likeness, or Voice provided hereunder by such User, either for initial or subsequent transmission or playback.

Each User hereby waives all rights and releases TaskRabbit and Affiliates from, and shall hold harmless against any such parties for, any claim or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, Physical Likeness, Media, or Voice in connection with the TaskRabbit Platform.

C. Residents of the United Kingdom.

All monetary amounts set forth herein may be paid in the applicable Sterling equivalent using conversion rates from USD on the date of payment to the User.

Contract between Clients and Taskers

Tasker assumes full and sole responsibility for all required and applicable National Insurance Contributions withholdings as to the Tasker and all persons engaged by the Tasker in the performance of the Task services.

Clients, and not TaskRabbit, supervise, scope, direct, control, or monitor a Tasker’s work and the Tasks performed, and may waive any such direction or instruction during the performance of the Task. Client’s Agent may authorize any applicable waiver of the Client’s scoping, direction, or instruction of the Tasker’s work or performance of the Task by signing in the Client’s stead. Client agrees that such direction and/or waiver is valid against Client and Client’s Agent, and Client shall be responsible and liable for all such direction and/or waiver as if made by Client him or herself.

Worker Classification and Withholdings

TaskRabbit is not responsible for and will not be liable for any tax payment or withholding, including but not limited to applicable VAT, National Insurance, employer’s liability, social security, PAYE or other payroll withholding tax in connection with a User’s use of the TaskRabbit Platform. The Tasker assumes full and sole responsibility for all required and applicable income tax and National Insurance Contributions withholdings as to the Tasker and all persons engaged by the Tasker in the performance of the Task Services.

Background Checks

You will promptly disclose to Company in writing if you have any potentially relevant unspent convictions or cautions (other than minor fixed penalty parking or speeding offenses), that arise during your use of the TaskRabbit Platform.

Mobile Phone Use

If you consent, TaskRabbit will use 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 TaskRabbit Platform, (b) facilitate the carrying out of Tasks through the TaskRabbit Platform, (c) provide you with information and reminders regarding your registration, orientation, upcoming Tasks, product alterations, changes and updates, service outages or alterations. These calls and texts may include, among other things, reminders about uncompleted or upcoming Tasks 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, data 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@taskrabbit.com 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@taskrabbit.com and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.

Media and User Generated Content

To the extent permitted by law, you hereby grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects you provide to Company (collectively, “Media”) in exchange for use of the TaskRabbit Platform, in any media now known or not currently known in order to market, operate, and improve upon the TaskRabbit Platform, including but not limited to the right to the following, to the extent permissible by law in the country where the Task is performed:

  • Use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Media or User Generated Content;
  • Exhibit, distribute, display, transmit, and broadcast on any and all media (including, without limitation, the internet), any Media or User Generated Content (or portion thereof) or any videotape, film, recording, or photograph (or portion thereof) that such User provides to Company or that Company takes of User, and use, reproduce, modify, or creative derivatives of such User Generated Content or Media, including such User’s 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”) in any format and through any distribution channels;
  • Reproduce in any and all media any recordings of such User’s voice, and any related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the TaskRabbit Platform or any TaskRabbit promotional campaigns;
  • Use, and permit to be used, such User’s Media, Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the TaskRabbit Platform in any media, in any format and through any distribution channels; and
  • Use, and permit to be used, such User’s name, and identity in connection with the TaskRabbit Platform or any TaskRabbit promotional campaigns.

Further, you hereby waive any and all moral rights in connection with the Media (to the extent allowable by law in the country where the Task is performed). Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third party rights.

Each User acknowledges that TaskRabbit shall not owe any financial or other remuneration for using the Media, Physical Likeness, or Voice provided hereunder by such User, either for initial or subsequent transmission or playback.

Each User hereby waives all rights and releases TaskRabbit and Affiliates from, and shall hold harmless against any such parties for, any claim or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, Physical Likeness, Media, or Voice in connection with the TaskRabbit Platform.

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.

No liability

Regardless of any other provision in this Agreement, nothing in these Terms of Service excludes or limits liability for: (i) death or personal injury caused by TaskRabbit’s negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that, by law, may not be limited or excluded.

Governing Law

This Agreement and your use of the TaskRabbit Platform shall be governed by English law, and any dispute regarding this Agreement or the use of the TaskRabbit Platform will only be dealt with by the English courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

No Rights of Third Parties

The provisions of this Agreement are for the sole benefit of the Parties and their successors and permitted assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights). No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this Agreement.

D. Residents of France

All monetary amounts set forth herein may be paid in the applicable Euros equivalent using conversion rates from USD on the date of payment to the User.

Disclaimer of Warranties/No Liability

Regardless of any other provision in this Agreement excluding or limiting TaskRabbit’s liability, nothing in these Terms of Service excludes or limits TaskRabbit’s warranties and liability for: (i) death or personal injury caused by TaskRabbit; (ii) in case of TaskRabbit’s gross negligence or willful misconduct; (iii) any other liability or warranty that, by law, may not be limited or excluded by TaskRabbit.

Governing Law and Jurisdiction

This Agreement and your use of the TaskRabbit Platform shall be governed by French law. If you have a Dispute that is not resolved pursuant to the provisions of Section 19, you may use any alternative dispute resolution method, such as mediation (by applying for a mediator via http://capebpdl.mediateurconsommation.fr/ and/or by accessing the European online dispute resolution at the following address: http://ec.europa.edu/odr, for assistance in reaching an amicable resolution independently and impartially. You are free to accept or reject the use of mediation and, in case of mediation, each party is free to accept or reject the solution proposed by the mediator. In any event, you are not prohibited from bringing legal proceedings regarding this Agreement or any subject related to the TaskRabbit Platform before a competent French court.

Mobile Phone Use

If you consent, TaskRabbit will use 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 TaskRabbit Platform, (b) facilitate the carrying out of Tasks through the TaskRabbit Platform, (c) provide you with information and reminders regarding your registration, orientation, upcoming Tasks, product alterations, changes and updates, service outages or alterations. These calls and texts may include, among other things, reminders about uncompleted or upcoming Tasks 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, data 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@taskrabbit.com 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@taskrabbit.com and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.

Media and User Generated Content

To the extent permitted by law, you hereby grant Company for the duration of the intellectual property rights, including any legal extension thereof, a non-exclusive, worldwide, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) content, such as any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects you provide to Company (collectively, “Media”) in exchange for use of the TaskRabbit Platform, in any media now known or not currently known in order to market, operate, and improve upon the TaskRabbit Platform, including but not limited to the right to the following, to the extent permissible by law in the country where the Task is performed:

  • Use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Media or User Generated Content, in any format and through any distribution channels;
  • Exhibit, distribute, display, transmit, and broadcast on any and all media (including, without limitation, the internet), any Media or User Generated Content (or portion thereof) in any format and through any distribution channels;
  • Use, and permit to be used, such User’s Media or User Generated Content in the advertising, marketing, and/or publicizing of the TaskRabbit Platform in any media, in any format and through any distribution channels; and
  • Use, and permit to be used, such User’s name, and identity in connection with the TaskRabbit Platform or any TaskRabbit promotional campaigns.

Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third party rights.

Each User acknowledges that TaskRabbit shall not owe any financial or other remuneration for using the Media provided hereunder by such User, either for initial or subsequent transmission or playback.

Invoicing Mandate

The Tasker grants power to TaskRabbit to issue, in its name and on its behalf, the invoices (rectified invoices included) relating to the Tasks carried out by the Tasker to the benefit of the Clients, it being specified that TaskRabbit will be in charge of issuing and sending said invoices to the Clients.

The Tasker (i) remains fully liable to inform, in writing, the French tax authorities that a mandate has been granted to TaskRabbit for the issuance, in its name and on its behalf, of the invoices relating to the Tasks and (ii) commits to comply with the filing obligations provided by Article 242 nonies of Appendix II to the French Tax Code (“FTC”).

In addition, the Tasker remains fully liable regarding (i) its invoicing obligations, in particular as regards the content of the invoice and its mandatory details (details relating to its status as a beneficiary of the VAT-based exemption for example) and (ii) the VAT consequences deriving from that. More generally, the Tasker remains in charge of filing its VAT returns and paying VAT relating to the Tasks performed for the benefit of the Clients.

Invoices issued by TaskRabbit in the name and on behalf of the Tasker shall be identical to the invoice that would have been issued by the latter itself. Thus, the invoice issued by TaskRabbit shall include the usual mandatory information and especially, given the present mandate, the following statement:

  • "Invoice issued by TaskRabbit in the name and on behalf of the Tasker";

In the event that the Tasker meets the conditions required to benefit from the VAT exemption (“franchise en base” – Article 293 B of the FTC), the Tasker shall immediately inform TaskRabbit at help.tr.co in order for TaskRabbit to include in the invoices issued, in addition to the mandatory information mentioned above, the following statement:

  • "VAT not applicable, article 293 B of the FTC".

Within a period of 24 hours, the Tasker may contest the content of the invoice issued in its name and on its behalf by TaskRabbit. Failing to do so within this period, the Tasker will be presumed to have accepted the invoice issued in its name and on its behalf.

As a result, the Tasker commits to:

  • Keep the original copy of the invoice issued by TaskRabbit, it being specified that the Tasker shall request such a document from TaskRabbit if, for any reason whatsoever, it has not been provided with this original copy.
  • Immediately inform TaskRabbit, at help.tr.co, of any changes to be made to:
    • the applicable VAT regime (for example, if the eligibility threshold for the VAT-exemption is exceeded, the VAT number shall be provided without delay so that invoices issued can be duly itemized with VAT...);
    • either the mandatory information on the invoices concerning the identification of the billing entity (eg change of address, social form ...).
  • Pay to the Treasury VAT mentioned on the invoices issued in its name and on its behalf by TaskRabbit.

As part of the implementation of this mandate, TaskRabbit shall not be held responsible for any breach of the Tasker's tax obligations, it being specified that TaskRabbit shall not be held jointly and severally liable for VAT or for any penalties or fines that would be owed by the Tasker.

Legal notices

The TaskRabbit websites and mobile apps are owned and operated by TaskRabbit, Inc., a Delaware corporation with headquarters at 425 2nd Street, 2nd Floor, San Francisco CA 94107.

www.taskrabbit.ca
Director of the Publication: Sarah Rose
Mail: help@taskrabbit.com