bTaskee

bTaskee

Version 1.0 (Updated March 30, 2017)

TERMS OF USE
IMPORTANT

THE COMPANY "BTASKEE" IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE CLEANING, MAINTENANCE, HOUSEHOLD SERVICES AND THE COMPANY IS NOT A PROVIDER OF ANY OF THE SERVICES LISTED ABOVE. IT IS UP TO THE THIRD PARTY PROVIDERS TO OFFER SERVICES TO YOU AND IT IS UP TO YOU TO ACCEPT SUCH SERVICES. THE SERVICE OF THE COMPANY IS TO LINK YOU WITH SUCH THIRD PARTY PROVIDERS, BUT DOES NOT NOR IS IT INTENDED TO PROVIDE SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A SERVICE PROVIDER. THE COMPANY IS NOT ABLE TO GUARANTEE NOR IS LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY PROVIDER AND/OR ANY SERVICES PROVIDED TO YOU. THE MAIN RESPONSIBILITY IN BTASKEE’S IS TO CONNECT YOU WITH THE SERVICE PROVIDER. PLEASE CONTACT BTASKEE IMMEDIATELY IF YOU HAVE ANY RELATED ISSUE OR COMPLAINT.

1. Contractual Relationship

These Terms of Use (“Terms”) constitute a legal agreement governing the access or use of the Btaskee mobile application (the “Service”) which owned and operated by Btaskee Company Limited. These Terms are between you, an individual accessing or using the Service from within Vietnam (“you”), and Btaskee Company Limited (the 'Company'). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. In this Agreement, the words “including” and “include” mean “including, but not limited to.” If you are using the Service outside of Vietnam, then these terms of service are not applicable to you. Please email us at support@btaskee.com for the terms to use Btaskee outside of Vietnam.

Your access and use of the Service constitutes your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. These Terms expressly supersede prior agreements or arrangements with you with respect to the Service. Btaskee may immediately terminate these Terms or the Service with respect to you, or generally cease offering or deny access to the Service or any portion thereof, at any time.

Btaskee may amend the Terms related to the Service from time to time. Amendments will be effective upon Btaskee’s posting of such updated Terms at this location or on the Service. Your continued access or use of the Service after such posting constitutes your consent to be bound by the Terms, as amended.

Btaskee’s Privacy Policy located at https://www.btaskee.com/en/privacy/ applies to the use of the Service, and is made a part of these Terms by this reference, notwithstanding any contrary statements in the Privacy Policy.

2. The Services

License

Subject to your compliance with these Terms, Btaskee grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use the Service on your personal device solely for your personal, noncommercial use. You agree not to use the Service for any other purpose. Any rights not expressly granted herein are reserved by Btaskee and Btaskee’s licensors.

Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by Btaskee; (iii) decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service; or (v) attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks.

Third-Party Service and Content

The Service may be made available or accessed in connection with third-party services and content (including advertising) that Btaskee does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Btaskee does not endorse such third party services and content and in no event shall Btaskee be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc. and Google, Inc. will be a third-party beneficiary to this contract if you access the Service using Apple iOS or Android-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Service in any manner. Your access to the Service using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

Ownership

The Service and all rights therein are and shall remain Btaskee’s property or the property of Btaskee’s licensors. Neither these Terms nor your use of the Service convey or grant to you any rights: (i) in or related to the Service except for the limited license granted above; or (ii) to use or reference in any manner Btaskee’s company names, logos, product and service names, trademarks or services marks or those of Btaskee’s licensor.

3. Your Use of the Service

User Accounts

In order to use most aspects of the Service, you must register for and maintain an active personal user Service account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if older than 18), to obtain an Account. Account registration requires you to submit to Btaskee certain personal information, such as your name, address, email address, mobile phone number and age, as well as your banking information. You agree to the collection, processing, disclosure and transfer of any personal information that you provide to Btaskee under these Terms of Use, and that you have read and understood and you agree to Btaskee’s privacy policy located at https://www.btaskee.com/en/privacy/. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Service or Btaskee’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Btaskee in writing, you may only possess one Account.

User Requirements and Conduct

The Service is not available for use by persons under the age of 18 or the age of legal majority in your jurisdiction (if older than 18). You may not authorize third parties to use your Account, and you may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Service, and you may only use the Service for lawful purposes. In certain instances, Btaskee may require you to provide proof of identity to access or use the Service, and you agree that you may be denied access or use of the Service if you refuse to provide proof of identity. Through the Service, you may elect to share certain third party personally-identifiable information with Btaskee, including, without limitation, first and last name, email address, mailing address, and phone number (each of the foregoing, “Contact Information”). You hereby represent and warrant that (i) you have, prior to the uploading of any third-party information, obtained the requisite consent required under applicable law directly from each individual of whom you are sharing Contact Information, including but not limited to, express consent to Btaskee’s collection, use and storage of such individual’s personal information for the purpose of this Terms of Use, and express agreement to Btaskee’s Privacy Policy referred to above, (ii) you have any other rights, licenses, consents and releases required under applicable law to share Contact Information with Btaskee, including, without limitation, consents required under the applicable data privacy law (including Vietnam's Civil Code, Law on Network Information Security, and Decree 72/2013/ND-CP), (iii) you will not share Contact Information of any individuals less than 18 years of age, or the legal age of majority in their jurisdiction if older than 18, (iv) your sharing of Contact Information will not infringe, misappropriate, or violate a third party’s proprietary rights, or rights of publicity or privacy, or obligations of confidentiality, or result in any violation of any applicable law or regulation, and (v) to the best of your knowledge, the Contact Information shall be accurate and not misleading. You understand and agree that Btaskee may, in its sole discretion, terminate your access to the Service or withhold or cancel payment of any referral award amounts payable to you under these Terms in the event of (a) any actual or suspected fraudulent activity by you or in relation to your use of the Service, (b) any actual or suspected violation of applicable law by you or in relation to your use of the Service, or (c) any actual or suspected violation of these Terms. The Service is not intended for use while operating a vehicle.

All behaviours of purpose to induce customers on bTaskee's system are stricly prohibited. The inducement customers on bTaskee's system is concerned as the private negotiation with bTaskee's customer (include Maid) to provide services of bTaskee without bTaskee' system. bTaskee has the right to refuse or block account without the anouncement to the subject. For each customer (including Maid), you must to compensate to bTaskee 5.000.000vnd/ per person.

Text Messaging

By creating an Account, you agree and expressly consent that the Service may send you informational text (SMS) messages as part of the normal business operation of your use of the Service. You may opt-out of receiving text (SMS) messages from Btaskee at any time by emailing STOP to our contact email at support@btaskee.com along with your phone number. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

User Provided Content

Btaskee may, in Btaskee’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Btaskee through the Service textual, audio, and/or visual content and information, including commentary and feedback related to the Service (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Btaskee, you grant Btaskee a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and Btaskee’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. If any applicable laws and regulations provide that certain rights in any User Content cannot be effectively assigned or licensed to Btaskee, then you irrevocably waive and agree not to exercise or assert any rights to any such User Content worldwide, or object Btaskee's use of any such rights, including all moral rights, rights of attribution, identification of authorship, limitation on subsequent modification or other personal rights in the User Content, during and after the performance of Service.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Btaskee the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Btaskee’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Btaskee in its sole discretion, whether or not such material may be protected by law. Btaskee may, but shall not be obligated to, review, monitor, or remove User Content, at Btaskee’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Service. Your mobile network’s data rates and fees may apply if you access or use the Service from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and any updates thereto. Btaskee does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. Payment

You may choose to pay for the services by cash and where available, by credit card and or debit card (“Card”).

In the event that you choose to pay for the services by Card, you will need to register a valid Card which belongs to you in accordance with the instructions within the Application.

If the Card belongs to another person, such as your spouse, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the services.

You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.

You agree that we may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify your payment method via your Card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your Card.

In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.

Once your task have completed, you are required to make payment in full to the third party service provider and your payment will be deducted automatically and is non-refundable. If you have any complaints in relation to the service provided, then that dispute must be taken up with the third party service provider directly.

The Company has the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.

You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.

5. Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” BTASKEE DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, BTASKEE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT YOU BEAR THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE. THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

BTASKEE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICE, EVEN IF BTASKEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BTASKEE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE. BTASKEE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BTASKEE’S REASONABLE CONTROL. IN NO EVENT SHALL BTASKEE’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED 100 EURO (EUR 100) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY.

THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity

You agree to indemnify and hold Btaskee and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Service; (ii) your breach or violation of any of these Terms; (iii) your sharing of Contact Information with Btaskee; (iv) Btaskee’s use of Contact Information or User Content; or (v) your violation of the rights of any third party.

6. Other Provisions

Notice

The Company may give notice by means of a general notice on the Service, electronic mail to your email address in your account (if you have created an account), or by written communication sent by pre-paid post or courier to your address listed in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by pre-paid post or courier) or 12 hours after sending (if sent by email). You may give notice to Btaskee, with such notice deemed given when received by Btaskee, at any time by first class mail, pre-paid post or courier to Btaskee, 5B03-15 Sky Garden 2, Pham Van Nghi Bac street, Phu My Hung, Tan Phong ward, district 7, Ho Chi Minh city, Vietnam.

General

You may not assign these Terms without Btaskee’s prior written approval. Btaskee may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Btaskee’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you or Btaskee as a result of these Terms or use of the Service. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Btaskee in writing.

7. Refund Policy

When are you eligible for a full refund ?

- Within 10 minutes of posting the task
- No cleaner has accepted the task
- Cleaner has cancelled the task or requests to cancel the task
- If the cleaner does not show up for the task, you must cancel the task in btaskee. The time permitted to cancel the task is 30 minutes after start time and before the end of the task time. For example, if customer posts a task for 3PM for 2 hours, the cancelation time frame (with no charge) is 3:30PM to 5:00PM. Any cancelation outside of this time will incur a fee or not be subject to cancelation.

In all of the cases above, your card will not be charged.

If you paid with btaskee credit, your credit will be deposited back into your account within 15 minutes.

When are you eligible for a partial refund ?

- Cancellation after 10 minutes of posting the task (20.000 VND fee will be applied) - If you tap the cancel button after 10 minutes, we will let you know that a 20.000 VND fee will be applied if you confirm the cancellation.

When are you not eligible for a refund ?

- Cancellation after the task time has passed - Cleaner did not meet your standards (please contact our support line in this case) - Any other cases that are not listed in the full and partial refund above

How to request a refund ?

- For cancelation, please use the cancelation feature in the application. - For other situations, please contact our customer support at support@btaskee.com

8. Referral Award

Through your use of the Service, you may be eligible to receive payment of a referral award from Btaskee for valid referrals of new cleaners who partner with Btaskee in Vietnam, subject to the terms and conditions set forth in the Service (which may include, without limitation, a minimum number of trips that the referred cleaning partner must complete within a maximum amount of time after the time of referral). Without limiting the foregoing, you will only be eligible to a referral award for partners who are new partners to the Btaskee platform and who were first referred to Btaskee by you through your valid use of the Service. You agree that Btaskee is not responsible for any referral award that is not paid to you due to your failure to provide and maintain accurate Account information, including, without limitation, accurate banking information.

9. Licensed Cleaning Companies

You acknowledge and confirm that pursuant to the applicable cleaning laws and regulations in your jurisdiction (including on rental cleaning services), any person that you refer to through the Service must be a current employee and/or member of an entity which holds all applicable licenses to conduct cleaning business activities in your jurisdiction. Accordingly, any such person referred by you who is not already an employee of an entity that holds all applicable cleaning business licenses, will be referred to such an entity for processing and shall be subject to its terms and conditions of employment applicable from time-to-time. Further, you acknowledge and confirm that the Service is being provided by you to facilitate the recruitment of cleaners by an entity which holds cleaning licenses.

10. Dispute Resolution; Governing Law

These Terms are governed by and construed in accordance with the laws of the Vietnam, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict or controversy, howsoever arising out of or broadly in connection with or relating to these Terms, including but not limited to those relating to its validity, its construction or its enforceability, shall be first mandatorily submitted to settlement proceedings under the International Chamber of Commerce Amicable Dispute Resolution Rules (ICC ADR Rules). If the said dispute has not been settled within 60 days after a request for Amicable Dispute Resolution has been submitted under the said ICC ADR Rules, such dispute shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC Arbitration Rules). The ICC Rules' Emergency Arbitrator provisions are excluded. The dispute shall be resolved by one arbitrator to be appointed in accordance with the ICC Rules. The place of arbitration shall be Ho Chi Minh City, Vietnam. The language of the arbitration shall be English.