ServisHero Terms of Use

This Terms of Use agreement is effective as of: 10 October 2016

  1. ACCEPTANCE OF TERMS

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. The terms and conditions set forth below (“Terms of Use”) and the Privacy Policy (as defined below) constitute a legally-binding agreement between Business Pixel Sdn Bhd, a company incorporated in Malaysia (“ServisHero”), and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the ServisHero Product, including the classified advertisements, forums, various email functions and Internet links, and all content and ServisHero services available through the domain and sub-domains of ServisHero located at www.ServisHero.com as well as the mobile application associated with ServisHero (collectively referred to herein as the “Product”), and (ii) the online transactions between those users of the Product who are offering services (each, a “Service Professional”) and those users of the Product who are obtaining services (each, a “Service User”) through the Product (such services, collectively, the “Services”). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Product, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Product.

You acknowledge that the Product serves as a venue for the online distribution and publication of user submitted information between Service Professionals and Service Users, and, by using, visiting, registering for, and/or otherwise participating in this Product, including the Services presented, promoted, and displayed on the Product, and by clicking on “I have read and agree to the terms of use,” you hereby certify that: (1) you are either a Service Professional or a prospective Service User, (2) you have the authority to enter into these Terms of Use, (3) you authorize the transfer of payment for Services requested through the use of the Product, and (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Product. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Product immediately.

All references to “you” or “your,” as applicable, mean the person that accesses, uses, and/or participates in the Product in any manner. If you use the Product or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and “you” and “your” herein shall refer to that business.

  1. MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

ServisHero reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein, at any time, and ServisHero will post notice of the changes and the amended Terms of Use at the domain of http://www.ServisHero.com , and/or may communicate the amendments through any method of written contact that ServisHero has established with you. It is your responsibility to review the Terms of Use for any changes. Your use of the Product following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Product.

  1. PRIVACY POLICY

ServisHero has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Product is governed by the Privacy Policy. The Privacy Policy is located at: www.ServisHero.com/privacy-policy.

  1. LICENSE TO ACCESS

ServisHero hereby grants you a non-exclusive, revocable license to use the Product as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Product in any medium without ServisHero’s prior written consent; (ii) you will not alter or modify any part of the Product other than as may be reasonably necessary to use the Product for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable local, state, and federal laws.

  1. ADDITIONAL POLICIES

Your access to, use of, and participation in the Product is subject to the Terms of Use and all applicable ServisHero regulations, guidelines and additional policies that ServisHero may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that ServisHero publishes on the Product (the “Additional Policies”). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, ServisHero, in its sole discretion, may terminate your Account at any time without prior notice to you.

Membership and Accessibility

  1. MEMBERSHIP ELIGIBILITY CRITERIA

Use of the Product is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Product and Services offered through this Product do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we believe that you are under the age of 18 or that you are not complying with any applicable federal, state or local laws, rules or regulations.

You need not register with ServisHero to simply visit and view the Product, but to access and participate in certain features of the Product, you will need to create a password-protected account (“Account”). To create an account, you must submit your name and email address through the account registration page on the Product and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to ServisHero in providing you with more a more customized experience when using the Product. You may also register for an Account using your existing Facebook account and log-in credentials (your “Third-Party Site Password”).

You are solely responsible for safeguarding your ServisHero password and, if applicable, your Third-Party Site Password (collectively, “Passwords”) at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify ServisHero immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Product and/or the Services offered through the Product. You hereby acknowledge and agree that ServisHero will not be liable for your losses caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of ServisHero or others due to such unauthorized use. An Account holder is sometimes referred to herein as a “Registered User.”

You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):

  • You will not copy or distribute any part of the Product in any medium without ServisHero’s prior written authorization.
  • You will not alter or modify any part of the Product other than as may be reasonably necessary to use the Product for its intended purpose.
  • You will provide accurate and complete information when creating your Account.
  • You shall not use any automated system, including but not limited to, “robots,” “spiders,” “offline readers,” “scrapers,” etc., to access the Product for any purpose without ServisHero’s prior written approval.
  • You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Product information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.
  • You shall not in any way that transmits more request messages to the ServisHero servers, or any server of a ServisHero subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. ServisHero reserves the right to revoke these exceptions either generally or in specific cases.
  • You shall not recruit, solicit, or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with ServisHero without express written permission from ServisHero.
  • You shall not take any action that (i) unreasonably encumbers or, in ServisHero’s sole discretion, may unreasonably encumber the Product’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Product or any third-party participation in the Product; or (iii) bypasses ServisHero’s measures that are used to prevent or restrict access to the Product.
  • You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Product, nor to use the communication systems provided by the Product for any commercial solicitation purposes.

If you do not meet, or are unable to comply with, any of the above-referenced membership eligibility criteria or Account Policies, please do not use the Product. Should ServisHero find that you violated the terms of the membership eligibility criteria or any other terms stated herein, ServisHero reserves the right, at its sole discretion, to immediately terminate your use of the Product.

Members Conduct

  1. PROHIBITIONS ON SUBMITTED CONTENT

You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Product, including your profile (“Profile”), the posting of your Service (“Offer”), the posting of your desired Service (“Want”), or the posting of any opinions or reviews in connection with the Product, the Service, the Service Professional, or the Service User (“Feedback”) (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:

  • misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Service Professionals; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 (“Minor”) in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
  • invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
  • contains falsehoods or misrepresentations that could damage ServisHero or any third party;
  • is pornographic, harassing, hateful, illegal, obscene, defamatory, libellous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
  • is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant ServisHero all of the license rights granted herein;
  • contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacturer installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;
  • is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
  • intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on Products or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a ServisHero employee, agent, manager, host, another user, or any other person though any means;
  • advertises or solicits a business not related to or appropriate for the Product (as determined by ServisHero in its sole discretion);
  • contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
  • contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
  • distributes or contains viruses or any other technologies that may harm ServisHero, or the interests or property of ServisHero users;
  • contains links to commercial services or Products, except as allowed pursuant to the Terms of Use;
  • is non-local or irrelevant content;
  • contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of ServisHero.
  1. PROHIBITIONS ON SENDING MESSAGES

You will not send messages to other users containing:

  • offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or
  • unsolicited advertising or marketing of a service not offered on the Product or an external Product.
  1. NO DISCRIMINATION

Employment Postings: Federal, state and local laws prohibit employment postings with any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. ServisHero will not knowingly accept any Posting for employment which is in violation of the law. ServisHero has the right, in its sole discretion and without prior notice to you, to immediately remove any employment Posting that discriminates or is any way in violation of any federal, state, or local law.

  1. PROHIBITIONS WITH RESPECT TO SERVICES

While using the Product, you shall not:

  • post content or items in any inappropriate category or areas on the Product;
  • violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;
  • fail to deliver payment for Services purchased by you, unless the Service Professional has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Professional’s identity;
  • fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User’s identity; manipulate the price of any Service or interfere with other users’ Postings;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to ServisHero; post false, inaccurate, misleading, defamatory, or libellous content (including personal information about any Product user);
  • take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Product or using it for purposes unrelated to the Product);
  1. FEEDBACK

As a participant in the Product, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.

  1. Sanctions for Inappropriate Use of Feedback.

If you violate any of the above-referenced rules in connection with leaving Feedback, ServisHero, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.

  1. Reporting Inappropriate Use of Feedback.

 You may contact ServisHero regarding any inappropriate use of Feedback via-email at support@ServisHero.com.

  1. Resolving Disputes in Connection with Feedback.
    In the event of any dispute between users of the Product concerning Feedback, ServisHero shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE PRODUCT CONCERNING FEEDBACK, SERVISHERO HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFOR.

The foregoing lists of prohibitions provide examples and is not complete or exclusive. ServisHero reserves the right to (a) terminate your access to your Account, your ability to post to this Product (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that ServisHero determines is inappropriate or disruptive to this Product or to any other user of this Product and/or Services. ServisHero reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that ServisHero deems appropriate in ServisHero’s sole discretion. ServisHero may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at ServisHero’s discretion, ServisHero will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Product or on the Internet. ServisHero does not and cannot review every Posting posted to the Product. These prohibitions do not require ServisHero to monitor, police or remove any Postings or other information submitted by you or any other user.

  1. SERVISHERO PANEL

ServisHero is committed to create a high-performance team of Service Professionals which shall include General Service Professionals and Preferred Service Professionals. Preferred Service Professionals are selected based on key criteria: quality, cost, flexibility, delivery, service and innovation.

  1. Responsiveness

Preferred Service Professionals should be able to accept 90% of the jobs that assigned to them which meet the agreed criteria such as location of the jobs and the types of the jobs. Upon acceptance of the job, Preferred Service Professionals are required to fulfil the job requests within 1 week of the request date which subject to the size of job and customer availability. Preferred Service Professionals are required to respond to the ServisHero agent within 60 minutes during the agreed hours. The average ratings of PSP must not drop below 4 stars which evaluated based on punctuality, workmanship, after service support and professionalism.

  1. Commission and Pay-Outs for Direct Jobs

Preferred Service Professionals may be provided confirmed job opportunities directly from ServisHero, and in those instances ServisHero will take a commission for confirmed jobs facilitated. Commissions will be paid for by either of the following means:

  1. Invoiced Commissions: The commission that will be paid to ServisHero will be calculated based on an agreed/fixed percentage of the total labour cost. In this instance, labour cost of the services provided must be clearly detailed on the invoices.
  2. Pay Out after Job Completion: ServisHero may receive payment for the full cost of a confirmed job on behalf of a Preferred Service Professional. ServisHero will retain a facilitation fee, and pay the remaining amount to the Preferred Service Professional after satisfactory completion of a job, at schedules determined by ServisHero from time to time.
  1. Invoicing and Payment Process

Where amounts are owed by a Preferred Service Professional under clause 12(b)(I), ServisHero will provide the invoice to Preferred Service Professionals on monthly basis. Upon receiving the invoice, the payment shall be made within 7 days from the date of the invoice. Preferred Service Professionals are required to make the payment through online banking or bank transfers to the bank account notified to the Preferred Service Professional. In the event that there is any problem with regards to the invoices and payments, Preferred Service Professionals must contact ServisHero promptly by email at sales@servishero.com

  1. Best Practice

In addition to strictly complying with the Rules for Service Professionals specified in this Terms of Use, Preferred Service Professionals are required to maintain high standard of work at all times by carrying out the work in the following practices:

  1. Preferred Service Professionals shall at all times be polite to the customers.
  2. Preferred Service Professionals shall be on time for all the appointments. Preferred Service Professionals shall provide an estimate time of arrival to the customers and arrive 15 minutes earlier prior to the appointment time. In cases of urgency/emergency, Preferred Service Professionals shall immediately contact the ServisHero Support Team.
  3. Preferred Service Professionals shall provide professional after services follow up upon completion of any of the jobs.
  4. Preferred Service Professionals shall at all times provide transparent pricing to the customers with regards to the services that they are providing. In the event that any extra services or extra charges are or may be incurred, PSP shall first obtain the customer’s approval before charging any additional fees.

ServisHero reserves the right to terminate the partnership between ServisHero and Preferred Service Professionals in the event the Preferred Service Professionals are in violation of this Terms of Use or upon ServisHero receiving abuse complaints higher than the allowed quota.

  1. Insurance

Subject to provisions of Clauses 46, 47 and 48, for services that transacted through ServisHero at http://www.ServisHero.com, ServisHero will offer a protection of RM500 only towards the value of services to the Preferred Service Professionals provided there is a claim for damages by the Preferred Service Professionals. Notwithstanding that, ServisHero shall not be liable to pay any damages arising from or in respect of services that are not transacted through ServisHero.

Rules for Service Professionals

  1. PROFILES AND OFFERS MUST NOT BE FRAUDULENT

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering; (b) misrepresent the location at which they will provide a Service; (c) include brand names or other inappropriate keywords in their Profile, Offer, Want, Feedback, or any other title or description relating to a Service; (d) use misleading titles that do not accurately describe the Service; or (e) include any information in their Profile that is fraudulent.

  1. PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT SERVISHERO FEES

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) offer a catalog or a link to a third-party Product from which Service Users or any Registered User or user of the Product may obtain the Service directly; (b) exceed multiple Posting limits; (c) post a single Service but offer additional identical services in the Service description; (d) charge fees for traveling further than desired to provide the Service; (e) offer the opportunity through ServisHero to purchase the Service or any other service outside of ServisHero; (f) use their Profile page or user name to promote services not offered on or through the Product and/or prohibited services.

  1. PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL PRODUCT USERS

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) solicit Service Users to mail cash or use other payment methods not specifically permitted by ServisHero as approved payment methods; (b) include links that do not conform to ServisHero’s policies with respect to third-party links; (c) use certain types of HTML and JavaScript in Postings, your Profile page, your Offer page, or your Wants page; (d) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings; (e) use profanity in any Posting; (f) acknowledge or credit a third-party Service Professional for services or products directly connected with your particular Posting (1) with more than 10 words of text at HTML font size greater than 3 and/or a logo of 88X33 pixels (provided that you represent and warrant that you have the necessary rights, licenses, permissions and/or authorizations from the applicable third party to use that third party’s name and/or logo), (2) with any promotional material in connection with that third-party company, and/or (3) with a link to the third-party’s Product with any information in addition to the Service provided via ServisHero; (g) include third-party endorsements in a Posting; or (h) create a Posting that does not offer a Service.

  1. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS

If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, ServisHero, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Professional’s Account privileges; (c) suspend the Service Professional’s Account; (d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Professional’s status earned via the Feedback page.

Rules for Service Users

  1. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:

(a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Professional’s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by ServisHero in connection with the use or purchase of any Service.

  1. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS

If a Service User violates any of the above-referenced rules in connection with his or her Posting, ServisHero, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User’s Account privileges; (c) suspend the Service User’s Account; and/or (d) decrease the Service User’s status earned via the Feedback page.

Use of Submitted Content

  1. NO CONFIDENTIALITY

The Product may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Profile picture, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, ServisHero does not guarantee any confidentiality with respect to any Submitted Content.

You agree that any Submitted Content provided by for which you authorize to be searchable by Registered Users who have access to the Product is provided on a non-proprietary and no confidential basis. You agree that ServisHero shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.

  1. YOUR REPRESENTATIONS AND WARRANTIES

You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize ServisHero to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Product and these Terms of Use; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Product and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Product.

  1. YOUR OWNERSHIP RIGHTS AND LICENSE TO SERVISHERO

You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to ServisHero for posting on the Product, you hereby grant, and you represent and warrant that you have the right to grant, to ServisHero a perpetual, worldwide, non-exclusive, royalty-free, sub licenseable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Product and ServisHero’s (and its successor’s) business operations, including without limitation, for the promotion and redistribution of any part or all of the Product, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Product a non-exclusive license to access your Submitted Content through the Product, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Product and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete the Submitted Content from the Product.

You acknowledge and understand that the technical processing and transmission of the Product, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You may remove your Submitted Content from the Product at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.

  1. SERVISHERO’S DISCLAIMERS AND RIGHT TO REMOVE

ServisHero does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and ServisHero expressly disclaims any and all liability in connection with all Submitted Content. ServisHero does not permit copyright infringing activities and infringement of intellectual property rights on the Product, and ServisHero will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the “take down” notification procedure described in Section J below, that such Posting or Submitted Content infringes on another’s intellectual property rights. ServisHero reserves the right to remove any Data or Submitted Content without prior notice. ServisHero will also terminate a user’s access to the Product, if he or she is determined to be a repeat infringer. A repeat infringer is a Product user who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the Product more than twice. ServisHero also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. ServisHero may remove such Submitted Content and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.

You acknowledge and understand that when using the Product, you will be exposed to Submitted Content from a variety of sources, and that ServisHero is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ServisHero with respect thereto, and agree to indemnify and hold ServisHero, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Product.

You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Product, or transmit to other Product users. You understand and agree that ServisHero may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Product users or others.

  1. SUGGESTIONS

If you send or transmit any communications, comments, questions, suggestions, or related materials to ServisHero, whether by letter, email, telephone, or otherwise (collectively, “Suggestions”), suggesting or recommending changes to the Product, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and ServisHero is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that ServisHero is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution.

  1. MANDATORY THIRD PARTY VERIFICATION SERVICE

ServisHero uses a variety of tools in an effort to make our Product as safe as possible for Service Professionals and Service Users. Among these tools are interviews and background checks and identification verifications with national databases (such as those associated with MyKad).

By registering as a Service Professional on the Product, you do hereby consent to allow ServisHero to perform the background checks and verifications. You hereby authorize ServisHero to verify your representations and warranties herein, and you acknowledge that ServisHero reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion. You agree to indemnify and hold harmless ServisHero from any loss or liability that may result from the identity checks. In addition, you do hereby represent, understand and expressly agree that ServisHero offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service and/or the information provided by the third-party verification service. ServisHero retains the right to terminate your ServisHero membership based on the information provided by this third party verification service.

  1. OPTIONAL THIRD PARTY VERIFICATION SERVICES

ServisHero uses a variety of tools in an effort to make our Product as safe as possible for Service Professionals and Service Users. Among these tools are optional name verification, address verification, social security number verification, and criminal background checks for Service Professionals. ServisHero may use a third party to identification and perform criminal background checks.

ServisHero also seeks to allow Service Professionals to showcase their professional license credentials.

ServisHero may make these or other third-party verification services available to Service Professionals and Service Users. Service Professionals and Service Users may use these services to verify information such as, but not limited to, name, address, national id number, criminal background, and professional license credentials. By requesting to use, registering to use, and/or using the Product, you represent and warrant that you and each member of your household have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others. You hereby authorize ServisHero to verify your representations and warranties herein, and you acknowledge that ServisHero reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion.

If you decide to use or access information provided by a third-party verification service offered through the Product, you do hereby represent, understand and expressly agree that ServisHero offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service and/or the information provided by the third-party verification service. In addition, you understand that ServisHero may review the information provided by the third-party verification service and that ServisHero retains the right to terminate your ServisHero membership based on the information. You affirm that all of the information you provide to ServisHero as part of these third-party verification services is correct, complete, and applicable to you.

Service Professionals may choose whether to make the information obtained from third-party verification services public on ServisHero. If you decide to share any information from a third-party verification service publicly, you understand that the information in the report may factor into other party’s decisions to engage you as a Service Professional. You agree to indemnify and hold harmless ServisHero from any loss or liability that may result from your sharing this report publicly.

  1. COPYRIGHT INFRINGEMENT TAKE DOWN PROCEDURE

Pursuant to laws of Malaysia, ServisHero has established policies for dealing with alleged and actual copyright and trademark infringement. If you believe that your work has been copied and posted on the Product in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to our Copyright Agent: (i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Product, and information reasonably sufficient to permit ServisHero to locate the material.; (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law; (iv) information reasonably sufficient to permit ServisHero to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and (vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice.”

ServisHero’s designated Copyright Agent can be contacted via e-mail at support@ServisHero.com.

You acknowledge that if you fail to comply with all of the requirements, your Notice may not be valid. ServisHero will remove any infringing material. Notwithstanding ServisHero’s instructions above, you are solely responsible for ensuring that any Notice you provide to ServisHero complies with any legal requirements.

Only the intellectual property rights owner is permitted to report potentially infringing items through ServisHero’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

Modifications to or Termination of Product

  1. MODIFICATION OR CESSATION OF PRODUCT

ServisHero reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice and in its sole discretion. You agree that ServisHero shall not be liable to you or to any third party for any modification, suspension or discontinuance of ServisHero services.

  1. TERMINATION BY SERVISHERO

You hereby acknowledge and agree that ServisHero, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Product or otherwise terminate your access to or participation in the use of the Product (or any part thereof), or remove and discard any Submitted Content on the Product (“Termination of Service”), immediately and without notice, for any reason, including without limitation, Account inactivity or if ServisHero believes or has reason to believe that you have violated any provision of the Terms of Use.

  1. TERMINATION BY YOU

You may cancel your use of the Product and/or terminate the Terms of Use with or without cause at any time by following the link in your Account under “Account Preferences” to “Deactivate Account.”

  1. EFFECT OF TERMINATION

Upon termination of your Account, your right to participate in the Product, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Product, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Product. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the ServisHero system.

Unless ServisHero has previously cancelled or terminated your use of the Product (in which case subsequent notice by ServisHero shall not be required), if you provided a valid email address during registration, ServisHero will notify you via email of any such termination or cancellation, which shall be effective immediately upon ServisHero’s delivery of such notice.

Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of ServisHero Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that ServisHero shall not be liable to you or any third party for any termination of your access to the Product. Upon Termination of Service, ServisHero retains the right to use any data collected from your use of the Product for internal analysis and archival purposes, and all related licenses you have granted ServisHero hereunder shall remain in effect for the foregoing purpose. In no event is ServisHero obligated to return any Submitted Content to you. Sections G, J, K, L, M, N, O, Q, R, S, T, U, V, W, and X, shall survive expiration or termination of the Product or your Account.

You agree to indemnify and hold ServisHero, and its officers, managers, members, affiliates, successor, assigns, directors, agents, Service Professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Service.

Intellectual Property Rights

  1. SERVISHERO OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE PRODUCT

The content on the Product (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by ServisHero, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Other trademarks, names and logos on this Product are the property of their respective owners.

Data on the Product is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ServisHero reserves all rights not expressly granted in and to the Product and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Product for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Product or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Product or the Data therein.

  1. SERVISHERO’S LICENSE TO YOU FOR THE USE OF DATA AND MARKS

The Product contains ServisHero’s Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and ServisHero owns and retains all rights in the ServisHero Data and Marks. Subject to these Terms of Use, ServisHero hereby grants you a limited, revocable, nontransferable, nonsublicensable license to reproduce and display the ServisHero Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Product.

The Product may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

ServisHero may authorize you to use an “Embeddable Player” feature, which you may incorporate into your own personal, non-commercial Products for use in accessing the materials on the Product; provided, however, that you provide a link back to the Product on any pages that contain the Embeddable Player. ServisHero reserves the right to discontinue any aspect of the Product at any time.

ServisHero Fees

  1. FEES INCURRED BY SERVICE PROFESSIONALS

Joining ServisHero, posting Services and viewing posted Services is free. ServisHero reserves the right at its sole discretion to charge fees to Service Professionals for other services that ServisHero may provide, including but not limited to fees for contacting Service Users, responding to job leads generated by ServisHero, or conducting transactions with Service Users through ServisHero. Fees may be deduced from prepaid credits purchased by a Service Professional. You understand that service credits are non-refundable. We will not be responsible for any lost or stolen codes used to ‘top-up’ your account with credits.

ServisHero offers premium services to Service Professionals for a fee and may in the future offer additional services, like tax preparation and bookkeeping, that Service Professionals can also choose to purchase. ServisHero reserves the right to charge fees for these services at its sole discretion.

  1. FEES INCURRED BY SERVICE USERS

Joining ServisHero, viewing posted Services, and bidding on posted Services is free. ServisHero currently charges Service Users no fees for transactions completed on the Product between Service Users and Services Service Professionals. However, ServisHero reserves the right to charge a fee to Service Users in the future on a per-transaction basis, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after ServisHero has provided you with fourteen (14) days’ notice by posting the changes on the Product.

  1. PAYMENT

If applicable, you agree to pay all fees or charges to your Account based on ServisHero’s fees, charges, and billing terms then in effect. If you do not pay on time or if ServisHero cannot charge your credit card, PayPal or other payment method for any reason, ServisHero reserves the right to either suspend or terminate your access to the Product and account and terminate these Terms of Use. You are expressly agreeing that ServisHero is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Product and the fees will be billed to your credit card, PayPal or other payment method designated at the time you make a purchase or register for a fee-based service. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that ServisHero may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

  1. TAXES

You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Professional who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests.

  1. REFUND POLICY

All sales on ServisHero are final and non-refundable.

Negotiation of Terms of Service; Disputes Between Registered Users

  1. NEGOTIATION WORKSHEET AND CONTRACT TEMPLATE

As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, ServisHero provides a general framework for negotiating the terms of Service (e.g., rate) (“Negotiation Worksheet”). Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Negotiation Worksheet.

You should not rely on the any information or resources contained on the Product, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel. ServisHero makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Products, including, without limitation, the Negotiation Worksheet. In no way will ServisHero be responsible for any actions taken or not taken based on the information or resources provided on this Product. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Product, however provided.

  1. SERVISHERO IS NOT A PARTY TO ANY SERVICE CONTRACT

Each Registered User hereby acknowledges and agrees that ServisHero is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Product.

  1. NO AGENCY OR PARTNERSHIP

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Product, including without limitation, the Negotiation Worksheet or Agreement for Service. You do not have any authority whatsoever to bind ServisHero in any respect. All Service Professionals are independent contractors. Neither ServisHero nor any users of the Product may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

  1. DISPUTES BETWEEN REGISTERED USERS

Subject to the provisions regarding disputes between Product participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Product, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Service Professionals and Service Users.

You understand that deciding whether to use the Services of a Service Professional or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that ServisHero does not and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Product and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.

NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SERVISHERO SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE PRODUCT, OR BETWEEN REGISTERED USERS OR ANY PRODUCT USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT SERVISHERO IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE PRODUCT USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE SERVISHERO, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE PRODUCT OR ANY SERVICE PROVIDED THEREUNDER.

  1. DISPUTE RESOLUTION

If a dispute arises between you and ServisHero, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ServisHero hereby agree that we will resolve any claim or controversy at law or equity that arises out of the Terms of Use or the Product in accordance with this Section O or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at support@ServisHero.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  1. GOVERNING LAW

The Terms of Use shall be governed in all respects by the laws of Malaysia, without reference to its conflict of law provisions. You agree that any claim or dispute you may have against ServisHero must be resolved by a court located in Malaysia.

Advertisements and Third Party Links

  1. ADVERTISEMENT

Aspects of the Product and other ServisHero services may be supported by advertising revenue. As such, ServisHero may display advertisements and promotions on the service. The manner, mode and extent of advertising by ServisHero on the Product are subject to change and the appearance of advertisements on the Product does not necessarily imply endorsement by ServisHero of any advertised products or services. You agree that ServisHero shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Product.

  1. THIRD-PARTY LINKS, CONTACT FORMS AND PHONE NUMBERS

The Product may provide, or third parties may provide, links, contact forms and/or phone numbers to other Products or resources, including, without limitation, social networking, blogging and similar Products through which you are able to log into the Product using your existing account and log-in credentials for such third-party Products. Certain areas of the Product may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Product to be shared with your contacts in your third-party site account. Because ServisHero has no control over such sites and resources, you acknowledge and agree that ServisHero is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such Products or resources. Unless expressly stated on the Product, links to third-party sites should in no way be considered as or interpreted to be ServisHero’s endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree that ServisHero shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such Product or resource. The Third-party Product may have different privacy policies and terms and conditions and business practices than ServisHero. In certain situations, you may be transferred to a Third-party Product through a link or connected to a Third-party resource by a contact form or phone but it may appear that you are still on this Product or transacting with ServisHero. In these situations, you acknowledge and agree that the Third-party Product terms and conditions and privacy policy apply in this situation. Your dealings and communications through the Product with any party other than ServisHero are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

Warranties and Disclaimers

  1. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE PRODUCT SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SERVISHERO AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PRODUCT, THE SERVICES OFFERED ON OR THROUGH THIS PRODUCT, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PRODUCT, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS PRODUCT, THE SERVICES OFFERED ON OR THROUGH THIS PRODUCT, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PRODUCT IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SERVISHERO DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PRODUCT OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PRODUCT OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRODUCT. SERVISHERO DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PRODUCT OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. SERVISHERO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Liability

  1. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL SERVISHERO, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE PRODUCT OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS VIA THE PRODUCT, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE PRODUCT, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE PRODUCT IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PRODUCT OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PRODUCT OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE PRODUCT; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PRODUCT OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SERVISHERO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF SERVISHERO, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE PRODUCT, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO SERVISHERO BY YOU HEREUNDER.YOU HEREBY ACKNOWLEDGE AND AGREE THAT SERVISHERO SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SERVISHERO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN PRODUCT USERS ENTERED INTO INDEPENDENTLY OF THE PRODUCT.THE PRODUCT MAY CONTAIN LINKS TO THIRD-PARTY PRODUCTS THAT ARE NOT OWNED OR CONTROLLED BY SERVISHERO. SERVISHERO DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY PRODUCTS. IN ADDITION, SERVISHERO WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE PRODUCT, YOU EXPRESSLY RELIEVE SERVISHERO FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD PARTY PRODUCT. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY PRODUCT THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE PRODUCT.

  1. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTION 47 MAY NOT APPLY TO YOU.

  1. FORCE MAJEURE

Neither ServisHero nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

Indemnification and Release

  1. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SERVISHERO, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE PRODUCT; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE PRODUCT.

IF YOU HAVE A DISPUTE WITH ONE OR MORE PRODUCT USERS, YOU FOREVER RELEASE SERVISHERO (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PRODUCT AND/OR ANY SUBMITTED CONTENT.

THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY SERVISHERO WITHOUT RESTRICTION.

General Information

  1. ENTIRE TERMS OF USE

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by ServisHero on the Product, shall constitute the entire agreement between you and ServisHero concerning the Product. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and ServisHero’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

  1. STATUTE OF LIMITATIONS

Subject to the applicable laws, you agree that any cause of action arising out of or related to the Product must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

  1. SECTION HEADINGS

The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.

  1. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

  1. NOTICE

You agree that ServisHero may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Product.