These are the terms and
conditions of YourJobDone Limited ("Terms and Conditions"). The services available
at YourJobDone.com ("the Service") are provided by YourJobDone Limited ("YourJobDone",
"we", "us" or "our"), UK registered company no. 06623749.
You must read, agree
with and accept all of these Terms and Conditions before you may become a user of
the Service.
Overview
YourJobDone is best
thought of as an interactive business directory. We are conduit connecting people
who want jobs done with people who tell us they can do them.
Just like a business
directory we do not employ and do not represent any of the service providers
we connect to customers. The agreement to undertake a job and pay for that job exists
only between the person who requested the job be done and the person doing it.
Service providers
are solely responsible for their competence and conduct, to the same extent as when they offer their
services trough a business directory.
Though YourJobDone
excludes service providers with bad customer feedback, this is not a guarantee
of any service provider’s ability to perform a service.
Providing honest
feedback is important to maintaining a fair, safe and fun Service. Please consider carefully
the reasonableness of your expectations and experience before leaving feedback.
Getting access to
the system
Our services are not
available to, and may not be used by, persons under the age of 18 years or to temporarily
or indefinitely suspended YourJobDone members. If you are registering as a business
entity, you represent that you have the authority to bind that entity to these Terms
and Conditions.
You must provide a
valid email address and mobile telephone number to register on the system. You must
create a Username and Password. You are responsible for all actions taken under
your Username and Password and shall only use or utilise the Service using your
own Username and Password. You must use every effort to keep your Password safe
and should not disclose it to any other person. You shall not transfer or sell your
Username to any other person. You shall also not permit, either directly or indirectly,
any other person to utilise your Username and Password.
Who is responsible
for what?
We are a medium
for communication, not an agent.
As a result, we have no control over the quality or competence of service providers,
the safety or legality of jobs listed, the truth or accuracy of listings, the ability
of service providers to provide a service or the ability of people requesting a
job to pay for a service. Do not assume that a job offer is valid and legal simply
because it is listed on the Site or we otherwise notify you of it. We are not responsible
for ensuring that people who offer to do jobs and people who request a job be done
actually complete a transaction. You accept sole responsibility for the legality
of your actions under laws applying to you.
Claims or actions
between users are none of our business.
In the event that you have any right, claim or action against any other user arising
from that user's use of the Service, you agree to pursue such right, claim or action
independently of and without recourse to us, and you release YourJobDone (and our
Affiliates, officers, directors, agents and employees) from all claims, liability,
damages, losses, costs and expenses, including legal fees, known and unknown, arising
from or in any way connected with such right, claim or action.
We do not control
the information provided by other users which is made available through the Service. You may find other
user's information to be offensive, harmful, inaccurate, or deceptive. Please use
caution and common sense when using the Service. Please note that there are also
risks of dealing with underage persons or people acting under false pretences. By
using this Service, you agree to accept such risks and agree that YourJobDone is
not responsible for the acts or omissions of users of the Service.
You must not request
or make an offer on any job type which we do not list on the Service. We categorise the services,
“Job Types”, which can be offered through the site.
We do not accept
any obligation to protect you from unsafe jobs listed on our Service. Please do not assume
that jobs listed will be harmless to people or property. Service providers should
satisfy themselves that a job is safe before commencing it.
If you make an offer
on a job, you are personally responsible for its performance. If you employ or work with other people to meet
the requirements of job, you are responsible for their performance.
Ongoing access to
the Service is contingent on you maintaining good feedback. You must not take any actions that may undermine
the integrity of the feedback system. Feedback ratings are not designed for any
purpose other than for facilitating trading between YourJobDone users.
We reserve the right
to suspend any user without explanation or warning. Such suspension could be a consequence of soliciting
an illegal or questionable service, non-performance of a service on the supply side,
or a failure to pay the service provider on the customer side.
We use mobile phone
numbers and email addresses to identify people using the Service. However, because user
verification on the Internet is difficult, YourJobDone cannot and does not confirm
the purported identity of users or the validity of the information which users post
to the Service. We encourage you to communicate with potential trading partners
using the tools available on the Site.
User generated content
User generated content
is any information you provide to us or other users in relation to the YourJobDone
Service including registration, making offers, placing jobs or the feedback process
(including, without limitation, any description of jobs listed), and any other content
that you post within the Service. You are solely responsible for content you generate
and we act as a mere conduit for your online distribution and publication of information
you generate.
You must not generate
content, including but not limited to job descriptions, questions and answers, and
feedback which is unlawful or offensive.
When leaving feedback,
you must be honest and fair.
In cases of genuine non-performance, the area of non-performance (e.g. being available
for the provision of the service at the agreed time) should not influence feedback
on other areas (e.g. payment).
Getting you job
done
If you are posting
a job to be done on the System, you must ensure that you are legally able to request
such a job, and that it is lawful for such a job to be undertaken by UK residents. You must describe your
job and all terms of the job on the listing page of the Site. Your listings may
only include text descriptions, graphics, pictures and other content relevant to
the description of that job and you are responsible for ensuring that you have the
right to use all content in your listings and we have the right to host it on our
servers. Jobs can only be lodged within the defined service categories on the Site.
You must describe
your job as accurately as possible.
A clear and honest description of your job is critical to other users’ assessment
of it. You must not understate your expectations of what is to be done as part of
the job.
You cannot cancel
a job request once offers have closed and a service provider has been selected. You can cancel a job
at any time during the offers process, but you will receive no fee refund. You acknowledge
that we will commence supplying our services to you as soon as you have sent a "Get
your job done" form to us, and you recognise that you will not have the right to
cancel any listing after a service provider has been selected.
Once a service provider
is selected by our Service, you are bound to complete the transaction. Someone requesting
a job be done receiving at least one offer at or below the stated maximum offer
must complete the transaction with the service provider selected by the Service
on completion of the job, unless the service provider fails to meet the conditions
of the job description on our Service provided by the person requesting the job.
You must not manipulate
the price of any job or interfere with other user's listing(s). Without limitation, you must not: (a) make
an offer in a listing where you are requesting the job, or procure or encourage
any person to do so on your behalf; (b) contact those who have made an offer on
a listing where jobs are listed in order to offer similar jobs to those who have
made offers in that listing; or (c) make offers or make any payment using a false
Username.
Offering your services
As a service provider,
you must ensure that you are legally able to make an offer on and perform any job
that you make an offer on.
It may be illegal to perform some jobs without licenses, permits, accreditations
or other requirements mandated by law or statute. By making an offer on a job you
agree to be bound by the conditions included in the job’s description (including
the time and price at which a job is to be done) provided that those conditions
are not in breach of these Terms and Conditions or otherwise unlawful. Offers are
only retractable in exceptional circumstances, such as when the person offering
the job reveals a misrepresentation of the job in the "questions and answers" dialogue,
or you cannot authenticate the identity of the person requesting the job.
If a job description
is unclear you must not make an offer on it. You should seek to clarify any uncertainties
using the communication tools available through our Service. This may include such
things as clarifying the scope of work, the nature of the work environment and availability
of insurance.
If you offer to
do a job, you have a legal obligation to complete a transaction with a person who
requested a job if you are selected by the Service to undertake the job at the time
offers on that job end. Our
Service will tell you the time at which your selection or non-selection will be
confirmed for each job, so you should be prepared for a decision at that time.
Fees and Payment
We charge people
when they list on our Service a job they want done. The job will not be listed on the Service until
the fee is paid, except for when we waive fees (e.g. as part of a promotion). The
fee will be declared at the time of lodgement. We will email you a receipt to the
email address you provided on registration.
We do not charge
service suppliers to register on the service, receive notifications, or make offers.
We charge service suppliers a 5% “finders fee” commission. We use standard SMS communication services, as
such there are no "premium service" fees associated with either receiving or making
offers on job. We will notify you of the value of a commission, if any, at the time
you make your offer. We maintain an account of your fees payable, and require payment
within 2 weeks. If payment is not made within two weeks, you are blocked from making
offers on jobs.
YourJobDone has
no involvement in the financial transaction between the person requesting the job
be done and the person doing the job. It is the individual users’ responsibility to
obtain payment for services and provide a receipt (on the service provider side)
and pay (on the customer side).
Refunds
Without altering our limitation of liability (specified below), we will offer re-performance
of our service once
to users seeking to get a job done if we fail to obtain offers on a job.
If there are one or more offers on a job placed by a user, but they do not meet
the reserve price set by that user, we will not provide a free listing, because
the reserve price is not under our control.
Privacy
our
privacy policy forms part of these terms and conditions.
Warranty
We (and our subsidiaries,
affiliates, officers, directors, agents and employees) do not guarantee continuous,
uninterrupted or secure access to our services, and operation of the Site may be
interfered with by numerous factors outside of our control. Our website and our
services are provided "as is" and as and when available, and to the extent permissible
by law we exclude all implied warranties, conditions or other terms, whether implied
by statute or otherwise, including without limitation any terms as to skill and
care or timeliness of performance. Some jurisdictions do not allow the disclaimer
of implied warranties, so the foregoing disclaimer may not apply to you.
Indemnity
You agree to indemnify
and hold us
and (as applicable) our affiliates, officers, directors, agents, and employees,
harmless from any claim or demand, including reasonable legal fees, made
by any third party due to or arising out of your breach of these Terms and Conditions
(including the documents incorporated by reference), or your violation of any law
or the rights of a third party.
Limitation of liability
Nothing in these Terms
and Conditions shall limit or exclude our liability for fraudulent misrepresentation,
or for death or personal injury resulting from our negligence or the negligence
of our, agents or employees. Subject to the foregoing, we (including our
subsidiaries, affiliates, officers, directors, agents and employees) will not be
liable for any economic losses (including, without limitation, loss of revenues,
profits, contracts, business or anticipated savings), any loss of goodwill or reputation,
or any special, indirect or consequential damages (however arising, including negligence)
arising out of or in connection with these Terms and Conditions. Some jurisdictions
do not allow the exclusion of incidental or consequential damages, so the above
exclusion may not apply to you.
Our liability to you
or any third party, and the liability of our subsidiaries, affiliates, officers,
directors, agents and employees, in any circumstance is limited to the total fees
you have paid to us in relation to the listing or other service offered giving rise
to liability.
Changes to these
terms
We reserve the right
to change these Terms and Conditions,
and will notify you of such changes by showing a notice on our Site for 14 days
before the changes become applicable. If you do not accept the Terms and Conditions
you must not use the system.