Terms & Conditions
PLEASE CAREFULLY REVIEW THIS AGREEMENT BEFORE SIGN UP TO THE WILLDO PLATFORM.
This Terms constitutes a legally binding agreement between you (The Members) and Willdo. This Agreement governs the use of the Willdo platform that facilitates communications between service providers (“pro” or “pros”) offered their services through our website www.willdo.com (the "Site"), and the mobile applications offered by Willdo (the "Apps"), collectively herein referred to as the "Willdo Platform” or “The platform”.
By accessing, using or registering with the Willdo Platform or any of the subsidiaries thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Willdo Platform.
By using the Willdo Platform, you represent and warrant that:
- No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
- Your agreement that the Willdo Platform is solely a communications platform providing a method to book Professional Services, that all professional Services are performed by third parties, and that Willdo has no liability for any Professional Services or any acts or omissions of third parties.
- You are at least 18 years old, or have at least the legally required age or capable of entering into binding contracts.
- You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide.
- By enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
- Your agreement that the Willdo Platform is provided “as is” and without warranty.
- Your agreement that Willdo has no liability regarding the Willdo Platform
- Your acknowledgment and agreement that Willdo does not supervise, direct or control the pro's work or the service in any manner
- Your acknowledgement and agreement that requesters (“users”) are responsible for determining if the pro they hire is qualified to perform the service they request.
- Your acknowledgement and agreement that the Willdo platform does not determine whether any particular Pro holds a license, certification, accreditation or insurance.
- Your agreement that Willdo has no liability regarding the performance of the services. However, that Willdo offer to Users the total satisfaction guarantee to ensure your satisfaction with the Willdo Platform.
- You consent to release Willdo from liability based on claims between customers (Users and pros)
- You agree to indemnify Willdo from claims due to your use or inability to use the Willdo Platform or content submitted from your account to the Willdo Platform.
- Your consent to submit any claims against Willdo to binding arbitration on an individual basis only.
- Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim.
- Your agreement that no claims can be adjudicated on a class basis.
- Your acknowledgment of an agreement to Willdo's cancellation policies and cancellation fees.
- Your consent to any modifications or amendments to this Agreement.
1. The Willdo platform is a Web-based communication venue to connect pros and users.
The Willdo Platform is a venue of communications to enable the connection between service requesters services ("Users") and/or service providers ("Pros"). Users and Pros together are referred to as "customers". Those certain services requested by the users, which are to be completed by the Pros, are hereinafter referred to as "Services". The Services may include the pick up and/or delivery of construction materials (“Merchandise”), but shall not be deemed to include the Merchandise itself.
WILLDO DOES NOT ITSELF PROVIDE PROFESSIONAL SERVICES OR MERCHANDISE. THE PROVISION OF ALL PROFESSIONAL SERVICES IS UP TO THE SERVICE PROVIDERS, WHICH MAY BE SCHEDULED THROUGH USE OF THE WILLDO PLATFORM.
ALL PROS SUBSCRIBED TO THE PLATFORM ARE INDEPENDENT SERVICE PROVIDERS AND NOT EMPLOYEES OF WILLDO. WILLDO DOES NOT PERFORM PROFESSIONAL SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TO ANY PROFESSIONAL SERVICE. USERS HEREBY ACKNOWLEDGE THAT WILLDO DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR ANY PRO’S WORK AND IS NOT RESPONSIBLE FOR THE WORK PERFORMED OR THE SERVICE IN ANY MANNER. THE COMPANY, THROUGH THE WILLDO PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR SERVICE PROVIDER. AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE USERS BY THE PROS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES.
2. Pro’s Vetting
At Willdo’s sole discretion, Pros may be subject to an extensive vetting process before they can register for and during their use of the Willdo Platform, including but not limited to a verification of identity and a comprehensive criminal background check, at the Country, State and local level, using third party services as appropriate. Pros hereby give consent to the Company to conduct background checks as often as required in compliance with federal and state laws, including, without limitation, the Fair Credit Reporting Act.
Although Willdo may perform background checks of Users, as outlined above, Willdo is not required to do so and cannot confirm that each Pro is who they claim to be and therefore, The Company cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the Willdo Platform.
However, Willdo checks the backgrounds of Pros. Each User should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. BY USING THE WILLDO PLATFORM, THE USER AGREES TO HOLD WILLDO FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. WILLDO IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE OF ANY MEMBER, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING ABOUT ANY PROFESSIONAL SERVICES.
3. Representations and Warranties
4. Personal Information and Pro’s Accounts.
b. Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Willdo Platform. You are solely and fully responsible for all activities that occur under your password or account, except that Willdo may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. Willdo has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at http://www.willdo.com/help Nothing in this section shall affect Willdo's rights to limit or terminate the use of the Willdo Platform.
c. Proof of Identity.You will provide us with such proof of identity as we may reasonably request from time to time.
5. Text Messages and Phone Calls.
By providing your phone number and using the Willdo Platform, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, to assist with facilitating the requested Professional Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages from us by replying with the word "STOP" to a text message from us. You acknowledge that opting out of text (SMS) messages may impact your ability to use the Willdo Platform. You agree to Willdo’s use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a pro or user using a telephone number provided by Willdo. During this process, Willdo and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Willdo’s use and disclosure of this call data for its legitimate business purposes.
Emails. Willdo may send you confirmation and other transactional emails regarding the Professional Services. Willdo may also send you emails about services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
6. Contract between users and pros
You acknowledge and agree that a contract (the “Service Agreement”) is formed when you agree on the terms of a service with another member. The terms of the Service Agreement include the terms set forth in this Section, the engagement terms proposed and accepted on the Willdo Platform, and any other contractual terms accepted by both the Pro and the User to the extent such terms do not conflict with the terms in this Agreement including this Section do not expand Willdo’s obligations or restrict Willdo’s rights under this Agreement. You agree that Willdo is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Willdo and the pro.
Where approved in advance by the User, the Pro is not obligated to personally perform the Services. Before any services are performed by any assistants, helpers, subcontractors or other personnel (collectively “Assistants”) engaged by the Pro, the Pro shall require any such individuals to become a registered Pro on the Willdo Platform pursuant to Company policies as described on the Willdo Platform. A Pro’s failure to bring an Assistant who is not a registered Pro could lead to removal from the Willdo Platform. The Pro assumes full and sole responsibility for the payment of all compensation, benefits and expenses of Assistants, if any, and for all required and applicable state and federal income tax withholdings as to the Pro and all persons engaged by the Pro in the performance of the services.
7. Payments, rates, The Willdo Satisfaction Guarantee and Claims.
a. Payments.Users of the the Willdo Platform contract for services directly with pros. Willdo will not be a party to any contracts for services provided by the pros. Payment for a service through the Willdo Platform is made directly from the User to the Pro and not by Willdo. If a User fails to pay a Pro for services provided through the Willdo Platform, Willdo may, in its sole discretion, pay the Pro for such services but Willdo is not obligated to do so. Notwithstanding the foregoing, Willdo is not obligated to pay the Pro for User’s failure to pay for services.
Users of the Willdo Platform will be required to provide their credit card and/or bank account details to Willdo and the Payment Service Provider retained by Willdo (the “PSP”). Pros are responsible for invoicing their Clients within 24 hours of the work being performed even if the service is not completed in its entirety or is designed as “ongoing”. Users will be responsible for paying the invoice for each service (the “Invoice”), which will include
(i) the pricing terms of the service agreed with and provided by a Pro (“Service Payment”),
(ii) any out of pocket expenses agreed with and submitted by a Pros in connection with the Service,
(iii) any tip or gratuity, if applicable,
(iv) the service charge Company assesses for the TaskRabbit Platform, variable based on the Task Payment amount
(v) the platform fee (sometimes referred to as Trust & Support Fee), which is used to offset Company's cost of providing Users with customer support, providing the satisfaction guaranty Pledge, and other various business objectives,cancellation fees, if applicable. Pros will be responsible for paying
(a) registration fees (applicable to Pro’s registrants),
(b) cancellation fees, if applicable and
(b) repayment of erroneous payments.
To help prevent fraud and safeguard members information from the risk of unauthorized access, The Company and/or the PSP may validate an account before activation. As part of the account validation, a very temporary charge is placed on account associated with the member and then refunded within 1-3 business days.
When the users receive confirmation through the Willdo Platform or via email that a service has been completed, the user automatically authorizes Willdo to provide user’s payment details to the PSP for processing of the service Payment, out of pocket expenses owed to the Pro, and the service charge and trust and support fees owed to The Company for the use of the willdo Platform. You may be charged a cancellation fee through the PSP if you book a service, but cancel it before it is completed, as set forth in the Willdo Cancelation Policy or if you agree to perform a service but fail to complete it, as may be set forth in the Willdo Cancelation Policy.
Willdo reserves the right, in its sole discretion (but not the obligation), upon request from User or Pro or upon notice of any potential fraud, unauthorized charges or other misuse of the Willdo Platform, to (i) place a hold on any service Payment and out of pocket expenses, or (ii) refund, provide credits or arrange for the PSP to do so.
Service Payment and fees must be paid through the PSP as indicated on the Willdo Platform.
Users of the Willdo Platform will be liable for any taxes (including VAT, if applicable) required to be paid on the service provided under the Agreement (other than taxes on Company’s income).
Willdo reserve the right, in our sole discretion, to place a hold on the User's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the User, we will mark the Service as closed. If the User has agreed with the Pro to extend or reduce the hours in or to reschedule a requested Service, the User bears the responsibility for notifying The Company. Users must notify Willdo either by changing the date or hours of the requested Professional Service through the Willdo Platform or by visiting the Willdo Help Center at www.willdo.com/help/
Any Payments paid outside of the Willdo Platform are not subject to our Willdo satisfaction Guarantee. Except for the Willdo satisfaction Guarantee and the Refund Policy, no refunds or credits will be provided once the User’s credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, because of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
b. Rate.The rate per hour for a Service ("Rate") Is set by each pro depending on factors, such as experience, licensed, rating and the average rate on the market. Therefore, the same Service may cost more with different Pros. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel a service.
c. Willdo Satisfaction Guarantee. The Willdo Satisfaction Guarantee is available to Users of the Willdo Platform and is the sole liability of Willdo to Users for the performance of Services. If you requested and paid for a service through the Willdo Platform and are not satisfied with the quality of the Service, Willdo will send another Pro to complete the service again at no additional cost to the User.
The Willdo Satisfaction Guarantee also provides certain limited additional protections. (1) up to USD $25,000 per occurrence for losses arising from property damage as a direct result of negligence of a Pro during performance of the Service; or (2) up to USD $6,000 for losses arising from theft of a User’s property by a Professional during performance of the Service.
The User is eligible for the Willdo Satisfaction Guarantee provided that the User reports the issue within forty–eight (48) hours of the completion of the Service to our Customer service team by visiting our Willdo Help Center at http://www.willdo.com/help/. The Willdo satisfaction Guarantee is subject to the below conditions and limitations.
Coverage. A User will be covered under the Willdo Satisfaction Guarantee for every Professional Service, subject to the exclusions provided below:
The hiring and execution of the Service is agreed to between a User and a Pro through the Willdo Platform, performed by the Pro hired, and paid for in full through the Willdo Platform by the User;
You have reported the claim within 48 hours of the Service; and
Your Willdo account do not have any outstanding balances owed to Willdo or Pros.
The “Willdo Satisfaction Guarantee” does not cover the following:
losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as storms and extreme cold;
losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
losses arising from negligence of a User or third party;
losses arising from a manufacturer’s or a product’s defects;
losses from pre-existing damages or conditions of the item or property;
losses arising from items supplied by the User or due to User recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a User declines to have furniture affixed, etc.);
losses arising from flooding and/or water damage including mold, fungi or bacteria;
losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
losses of cash, third party gift cards, and securities;
losses because of theft of property more than USD 5,000 or any other intentional wrongful act by a Professional;
losses arising from normal wear and tear;
losses for items that retain their functionality;
losses based on sentimental and/or undocumented intangible value;
losses related to repairs outside of the area where the Professional Services were performed;
losses of pets, personal liability or damage to shared or common areas;
losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
losses of theft without a valid police report, if requested by Willdo; and losses with insufficient documentation.
Your Primary Insurance. If you carry an insurance that would cover you in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the Willdo Satisfaction Guarantee is secondary. The Willdo Happiness Guarantee will only compensate for losses to the extent not otherwise covered by Your Personal Insurance.
Reporting a Claim. First report of a claim must be made 48 after the service occurs. After first report, you will be asked to complete the full claim form within 5 days of receipt. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During Willdo’s claims assessment process, you may be required to provide written detailed: (i) proof of ownership of damaged/missing item (ii) proof of value of damaged/missing item and (iii) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send to The Company the requested information. If You fail to provide the requested information within the 30-day time and/or fail to contact The Company to arrange for an extension of time, your claim will be considered closed. You also agree to: (i) protect and preserve any damaged property that is the basis of a claim from further damage, (ii) assist and allow Willdo or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim, (iii) accept repairs and/or remediation by a Professional, (iv) accept a replacement only if repairs are proven not to be an option, (v) submit requested materials by the dates outlined by the Willdo’s resolutions team, and (vi) accept a replacement item subject to the standard depreciation of that item.
If any part of Your claim is approved, then as a condition to any payment to You under the Willdo Satisfaction Guarantee, you will be required to execute and deliver to Willdo a release agreement and assign to Willdo or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered.
E. Refund Policy.
I. If you decide that you do not want the Merchandise before it has been unpacked or opened, or if the Merchandise you ordered does not fit into your home or your building refuses entry, Willdo will return the Merchandise and refund you the cost of the Merchandise (provided, however, that Willdo shall not refund the cost of the Services).
ii. If any Merchandise is broken during performing the Professional Services, will remove and replace the broken Merchandise (or, where applicable, the broken component of the Merchandise) and re-perform the applicable Services at no additional cost to you (provided, however, that Willdo shall not refund the cost of the Merchandise or refund the cost of the Professional Services, except as set forth in 3(d) above).
iii. If you wish to return any Merchandise once it has been unpacked or opened, willdo will remove and return the Merchandise for a fee of One Hundred Dollars ($100.00) per item. If Willdo can obtain a refund from the third-party Merchandise provider using commercially reasonable efforts, Willdo will credit you the amount of such refund. Willdo shall not be responsible for any payment to you if it is unable to obtain a refund for the Merchandise using commercially reasonable efforts.
F. Willdo commission Fee Willdo may assess an additional "Commission Fee" to support the Willdo Platform, including costs related to background checks, insurance, customer support, and related services provided to you by the Willdo Platform. The commission Fee may be applied to each appointment of a Professional Service requested through the Willdo Platform.
7. Term, Termination, Cancellation of Services, and Survival.
a. Term. This Agreement shall continue in full force and effect until it is terminated by you or by us.
b. Termination by Willdo. We may terminate this Agreement or terminate or suspend your right to use the Willdo Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Willdo Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, "Prohibited Conduct") by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except if we terminate or suspend your right to use the Willdo Platform due to any Prohibited Conduct, we will refund in full any payments for Willdo services or Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Willdo may delete the account and all the information in it. You have no ownership rights to your account.
c. Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Willdo Platform (if there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the Willdo Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by Willdo.
d. Cancellation of service.
(i) Cancellation by User Willdo's cancellation policy (found at www.willdo.com/cancelation/policy) for specific Services is as follows: Users may cancel their scheduled Service appointments through the Willdo Platform at any time, subject to the following. If a User cancels more than 24 hours before a scheduled Service appointment, there is no cancellation fee. If a User cancels between 2-24 hours before a scheduled Service appointment, the User will be charged a $10 cancellation fee. If the User cancels during the 2 hours before a scheduled Service appointment, the User will be charged $30 cancelation fee. This cancellation policy applies both for one-time Service bookings and for recurring Service appointments. A Professional Service appointment may be canceled through the Willdo Help Center at www.willdo.com/help/ or by mailing a notice of cancellation to Willdo LLC. Attn.: Attn. Customer Service, Willdo LLC. P.O. Box 88061 Seattle WA 98188.
(ii). Cancellation by Pro. When a Professional cancels a scheduled Professional Service appointment, the Willdo Platform generally notifies the User and invites the User's to select another available pro. However, Willdo cannot guarantee that a canceled Service appointment will be accepted by another Professional and rescheduled or that the Service request will be completed. For Recurrent Service Users, if a Service appointment is canceled by a Professional, User will not be charged for that Service appointment. Professionals who cancel a scheduled Service appointment may incur fees as provided in the Cancelation policy.
e. Survival. All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 6 shall so survive.
9. Submission Areas. The Willdo Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Member to communicate with other Members and with Willdo (collectively, "Submission Areas"). Some areas in the Submission Areas within the Willdo Platform will be public and Willdo will not be responsible for any information or materials posted in such public areas. Willdo may, in its discretion, publicly post submissions you submit to a non-public area of the Willdo Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users about your registration for and use of the Willdo Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply always with this Agreement, including but not limited to Section 7 (Rules for Use of the Willdo Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or pro. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all Your Information that is posted to Submission Areas from or through your account on the Willdo Platform, including but not limited to all images, videos, musical works and text included in such postings. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Willdo Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.
10. Rules for Use of the Willdo Platform. During the term of this Agreement, Users may use the Willdo Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Users may use the Willdo Platform to book Services solely with respect to a location where the User is legally authorized to have the Services performed. Users may not use the Willdo Platform for any other purposes or about any commercial endeavors whatsoever without our express prior written consent. Users agree that an request for a Services is an offer, which is only accepted when the User receives a confirmation of the request by the Pro. Users agree to treat Pros courteously and lawfully, to provide a safe and appropriate working environment for them that follows all applicable laws and regulations, and to provide reasonable co-operation to Pros to enable them to supply their Services. Users agree to communicate any complaints to The Company and not to the Pro. Users agree to comply with our complaint and other policies designated on the Site. Users acknowledge that their selected Pro may be unavailable from time to time, e.g. due to illness, vacation or leaving the Willdo platform. Pros agree to provide the Services in accordance with all applicable laws and regulations and with the Service Agreement. You shall NOT use the Willdo Platform (including but not limited to any Submission Areas) to do any of the following:
(i) Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
(ii) Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
(iii) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
(iv) Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
(v) Use the Willdo Platform or any Service for any purpose or in any manner that is in violation of local, state, national, or international law.
(vi) Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
(vii) Use the Willdo Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
(viii) Conduct or forward surveys, contests, pyramid schemes, or chain letters.
(ix) Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
(x) Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
(xi) Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Willdo Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
(xii) Restrict or inhibit any other User from using and enjoying the Willdo Platform.
(xiii) Imply or state that any statements you make are endorsed by us, without our prior written consent.
(xiv) Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Willdo Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Willdo Platform in any manner, or attempt to do any of the foregoing.
(xv) Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Willdo.
(xvi) Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
(xvii) Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and people under the age of 18, in an abusive, violent or sexual manner.
(xviii) Register to use the Willdo Platform under different usernames or identities, after your account has been suspended or terminated.
(xix) Mirror or archive any part of the Willdo Platform or any content or material contained on the Willdo Platform without Willdo's written permission.
(xx) Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
(xi) Alter transmission data without Willdo's consent
11. Pro’s Employment Classification. Willdo provides the Willdo platform to allows you to connect with independent Pros. Willdo do not the employ any Professional. You acknowledge that we do not supervise, direct, or control a Professional’s work or Professional Services performed in any manner. A Professional provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of Willdo for any purpose whatsoever. The rate per hour for a Service Is always set by each pro depending on factors, such as experience, licensed, rating and the average rate on the market. Therefore, the same Service may cost more with different Pros. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel a service.
12. Promotions, Vouchers and Referral Credits.
The company from time to time provide certain promotional opportunities to Users. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
a. Promotions (i) Promotional credit considerate in any promotion is only eligible for the specific services designated by Willdo. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. Willdo reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or cancelled promotional credit.
(ii) Willdo promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely to recognize and provide an incentive to use the willdo platform. Promotional credits may not be purchased for cash and Willdo does not sell Promotional credit. Promotional credit is nonrefundable.
(iii) Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
(iv) Your Willdo account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your Willdo account will be billed for all fees and charges for use of any eligible service more than the amount of available promotional credit.
(v) Promotional Credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
c. Vouchers or promotional codes (“Vouchers”) may be available and can be used to pay services and Company fees in part or in full, but may not be used to pay for reimbursement of out of pocket expenses and Company fees associated with a service provided through the Willdo Platform. Vouchers are an offer (subject to the terms of the voucher) by Willdo to reduce the amount a User has to pay for a Service and/or our service fee and /or commision fee. Vouchers will not affect the amount of the service Payment a Pro ultimately receives. You agree that you will only use one Voucher per person, and will comply with Voucher terms, including but not limiting Voucher use to first-time Users (which means that you will not use such a Voucher with a new account you create if you already have an account on the Willdo Platform). Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Voucher by you or any other user in the event that Company determines or believes that the use or redemption of a Voucher was in error, fraudulent, illegal, or in violation of the applicable Voucher terms or these Terms.
d. Referral Credits. If you are given a code through which you may refer a friend to the Willdo Platform in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Willdo referral credits are redeemable only for services requested through the Willdo Platform. Willdo referral credits have no cash value and are not redeemable for cash. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
13. Intellectual Property.
The willdo Platform, and the information on it, data, content and materials, which it contains ("Willdo Materials"), are the property of Willdo, excluding User-generated content, which Willdo has a right to use as described below unless The company obtain written permission from the member. The Willdo Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. willdo is shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Willdo Materials. Any use of Willdo Materials, other than as expressly permitted herein, is prohibited without the prior permission of Willdo. The service marks and trademarks of Willdo, including without limitation, Willdo.com and the Willdo logo are service marks owned by Willdo. Any other trademarks, service marks, logos and/or trade names appearing on the Willdo Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Willdo Platform without the express prior written consent of the owner.
14. Copyright Complaints.
Willdo respects the intellectual property of others. The company will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Willdo Platform infringe upon that person's or entity's copyright or other intellectual property right shall sends to Willdo a properly submitted copyright notice as indicated below, willdo will investigate, and if it determines, in its discretion, that the material is infringing, Willdo will remove the content and may terminate the access of the User who posted such content to the Willdo Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following: (a) Identification of the intellectual property right that is allegedly infringed. (b) A statement specifically identifying the location of the infringing material, with enough detail that Willdo may find it on the Willdo Platform. (c) The complete name, address, telephone number and e-mail address of Complainant. (d) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law. (e) A statement that the information contained in the notification is accurate, and coomplainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed and under the penalty of perjury; (f) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.
15. Update and modification to Willdo Platform.
We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Willdo Platform or any content or information on the it with or without notice. We will not be liable to any party for any modification or discontinuance of the willdo Platform.
16. Confidential Information.
This mean all Willdo's trade secrets, confidential and proprietary information, personal information and all other information and data of Willdo that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Willdo Platform contains secured components that are accessible only to those who have been granted permission by Willdo. Information contained within the secure components of the Willdo Platform is confidential and proprietary. You acknowledge that Confidential Information is a valuable, special and unique asset of Willdo and agree that you will not use Confidential Information other than as necessary for you to make use of the Willdo Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify Willdo in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of all materials containing Confidential Information to Willdo upon termination of this Agreement for any reason whatsoever.
a. THE USE OF THE WILLDO PLATFORM IS ENTIRELY AT YOUR OWN RISK. THE WILLDO PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER WILLDO NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE WILLDO PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE WILLDO PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WILLDO PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, OR ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WILLDO PLATFORM OR THIS AGREEMENT. ACCESS TO THE WILLDO PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER WILLDO NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WILLDO PLATFORM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY USERS OR PROFESSIONALS). NEITHER WILLDO NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE WILLDO PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WILLDO AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
b. NO LIABILITY. YOU AGREE NOT TO HOLD WILLDO, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, "THE TEAM") LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE WILLDO PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY WILLDO OR THE TEAM, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL WILDO OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING ABOUT YOUR USE OF OR INABILITY TO USE THE WILLDO PLATFORM OR ANY SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. WILLDO AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED ABOUT THE WILLDO PLATFORM, THE SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT WILLDO OR THE TEAM ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO WILLDO DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
c. RELEASE. WILLDO AND THE TEAM EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE WILLDO PLATFORM. THE WILLDO PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT THE WILLDO PLATFORM CONNECTS A USER TO A THIRD-PARTY PROVIDER FOR THE PURPOSES OF PROVIDING MERCHANDISE HEREUNDER, WILLDO WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE WILLDO FROM ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY SERVICE PROVIDER. BECAUSE WILLDO IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE COMPLETION OF ANY SERVICE, IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE WILLDO AND MEMBERS FROM ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
d. ADDITIONAL DISCLAIMER. THE QUALITY OF THE PROFESSIONAL SERVICES AND/OR THE MERCHANDISE SCHEDULED OR REQUESTED USING THE WILLDO PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL WHO ULTIMATELY PROVIDES SUCH PROFESSIONAL SERVICES TO YOU AND/OR THE THIRD-PARTY MERCHANDISE PROVIDER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE WILLDO PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE WILLDO PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.
NOTHING IN THIS AGREEMENT OR THE WILLDO PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
BY USING THE WILLDO PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE WILLDO PLATFORM.
YOU ACCEPT THAT, AS A CORPORATION, WILLDO HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST WILLDO'S OFFICERS, DIRECTORS OR EMPLOYEES ABOUT ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE WILLDO'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS WILLDO.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
You hereby agree to indemnify, defend, and hold harmless Willdo, its licensors, and each such party's directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorney’s fees and costs incurred), in connection with or resulting from: (I) your use or misuse of or inability to use the Willdo Platform, any Merchandise and/or any Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (if) your violation of the rights of another (including but not limited to Pros and users), and (v) Your Information and content that you submit or transmit through the Willdo Platform. Willdo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Willdo.
19. Mutual Arbitration Agreement
a. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Willdo, including without limitation any dispute or claim related to or arising out of this Agreement ("Claims"), you and Willdo may attempt to informally negotiate any claim before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to Willdo. Willdo's email address for such notices is: email@example.com and/or by mail to Willdo LLC, Attn: Legal, WILLDO LLC P.O. Box 88061 Seattle WA 98188
b. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Willdo agree to resolve all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Willdo will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will decide in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the