PLEASE READ THESE LICENCE TERMS CAREFULLY
BY SIGNING UP FOR THE PORTAL OR BY USING THE PORTAL YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE PORTAL AND/OR THE SERVICES.
WHO WE ARE AND WHAT THIS AGREEMENT DOES?
We Acilect Ltd of 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ (referred to as “Acilect”, “we”, “us” or “our” in these Terms).
Under Section 1 of these Terms, we license you to use the tasktru website (Website) and the tasktru app for consumers and the tasktru.vendor for service providers (Apps), the content supplied with the software, (together referred to as the Portal) and any updates or supplements to it as permitted in these Terms.
The Portal facilitates the requesting of jobs by end customers (Job) and booking of the Job to provide services to those end customers (Services), as well as allowing communication between the parties. Unless indicated otherwise, unless agreed otherwise, Services are provided by external service providers (Service Provider), not by Acilect, to consumers (Service Recipients).
The following sections will apply to you if you use the Portal: -
- As a Service Recipient - Section 2 (plus any terms imposed by Service Providers, as notified to you by the Service Provider);
- As a Service Provider - Section 3 (plus any terms imposed by Service Recipients, as notified to you by the Service Recipient);
- Sections 1 and 4 of these Terms applies in all cases.
If you are an Enterprise Admin, this will be governed by additional agreement between you and Acilect.
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://tasktru.com/privacy and it is important that you read that information. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Portal may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
SECTION 1 - USING THE PORTAL
We shall provide the Portal with reasonable skill and care.
We do not warrant that use of the Portal will be uninterrupted or error-free. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from:
- the transfer of data over communications networks and facilities;
- use of the Portal contrary to instructions given by us;
- attempts to access the Portal with software other than that generally available compatible software.
There are two methods of requesting/providing Services through the Portal:
- Instant Demand - This is intended to cover emergency services, such as if a Service Recipient has a water leak. The Portal will allow the Service Recipient to post a Job and show any Service Providers who have relevant services listed within their Parameters, are nearest to the Service Recipient’s location and are marked as available. The Service Provider will then be given the opportunity to accept or reject the Job and an update will be sent to the Service Recipient. Service Recipients can then accept or reject the Service Provider.
- Bidder - This cover scheduled work. The Portal will allow Service Recipients to post a Job and select whether to make the Job available to either all or only local Service Providers or select a specific Service Provider. Service Providers can submit a bid for the Job (Bid) which will be sent to the Service Recipient. Service Recipients can then accept or reject the Bid.
With tasktru we have implemented unique medium for organisations to flexibly establish function(s) that are desirable to their operations. Such function(s) are bundle of service features called 'Enterprise Package or Category'. An Organization or designated Individual will be responsible for the establishment and management of an enterprise package on tasktru. The individual or Organization who will be responsible for the management of your enterprise package is referred to as an 'Admin' or 'Enterprise'. Your Admin may require you to register in order for you to use the enterprise services or features they have established. Once your Admin has registered your Account, they can manage your active usage of the enterprise package and can invite other individuals to Use the enterprise Services without our involvement.
You expressly understand and agree that We shall not be liable for any direct, indirect, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the management of your enterprise package.
APP STORE’S TERMS ALSO APPLY
How you can use the App may also be controlled by the Apple store’s or Play store’s (as applicable rules and policies).
SUPPORT FOR THE PORTAL AND HOW TO TELL US ABOUT PROBLEMS
Contacting us (including with complaints). If you think the Portal is faulty or misdescribed or wish to contact us for any other reason please contact our customer service team via https://tasktru.com/contact.
How we will communicate with you. If we have to contact you, we will do so using the contact details you have provided to us.
HOW YOU MAY USE THE PORTAL
You may only use the Portal for your own personal or internal business use.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE THE PORTAL
You must be 18 or over to accept these terms and use the Portal.
UPDATE TO THE PORTAL
From time to time we may automatically update the Portal to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt-out of automatic updates you may not be able to continue using the App. The App will always work with the current or preceding version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The Portal may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for their content or their privacy policies (if any). You will need to make your independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the Portal in any form, in whole or in part to any person without our prior written consent;
- not copy the Portal, except as part of the normal use of the Portal or where it is necessary for back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the Portal nor permit the Portal any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Portal on devices as permitted in these terms;
- not disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the Portal nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Portal to obtain the information necessary to create an independent program that can be operated with the Portal or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the Portal;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Portal.
ACCEPTABLE USE RESTRICTIONS
- not use the Portal in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Portal or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Portal, including by the submission of any material (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive, pornographic, indecent or otherwise objectionable in relation to your use of the Portal;
- not use the Portal in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- not use automated scripting tools or software and not conduct any systematic or automated data collection activities on or in relation to the Portal without our express written consent. This includes and not limited to scraping, data mining, data extraction, data harvesting.
We reserve the right at all times to edit, refuse to post, or to remove from the Portal any information or materials which we consider breaches or is likely to breach these Terms, or which is or may be otherwise illegal or objectionable, and to disclose any information we deem appropriate to satisfy any applicable law, regulation, legal process, police request or governmental request.
If you set up a user account within the Platform, you agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else.
If you fail to keep your login details confidential, whether deliberately or unintentionally:
- you accept full responsibility for the consequences of this and agree to fully compensate us for any losses or harm that may result; and
- we will not be responsible to you for any loss that you suffer as a result of unauthorised access to your account.
If you notice any unauthorised use or breach of your user account, you must immediately notify us.
You agree to provide truthful, accurate, and complete information and that it relates to you in all interactions on the portal. Your account information can be updated at any time but must remain truthful, accurate, and complete. You are solely responsible for all data, information and other content, that you upload, post, or otherwise provide or store in connection with or relating to the Portal and its use.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Portal throughout the world belong to us (or our licensors) and the rights in the Portal are licensed (not sold) to you. You have no intellectual property rights in, or to, the Portal other than the right to use them in accordance with these terms.
SECTION 2 - USE OF PLATFORM AND SERVICES AS SERVICE RECIPIENT - ADDITIONAL TERMS
WHAT THIS SECTION COVERS
This section applies whenever you request a Job or book Services from a Service Provider.
Please read these terms carefully before you register with the Portal, request a Job or book Services from a Service Provider.
REGISTERING ON THE PORTAL
You can register on the Portal as a Service Recipient to allow you to request a Job through the Portal.
During this process, you will be required to choose a username and password for the Portal.
All Jobs posted to the Portal must: -
- be accurate, including correct address details;
- be genuine requests for Services;
- contain sufficient detail to allow the Service Provider to provide the Services.
By posting a Job on the Portal you grant us the right to share the details of the job, which may include images but will not include your personal data, for marketing purpose including on flyers and social media.
Service Providers are independent service providers, not our employees or workers. We have no involvement in the provision of the Services unless agreed otherwise.
Anyone can list their details on the Portal and can do so without providing evidence of their ability. We take certain steps to verify the identity of Service Providers but we do not vet or verify any Service Providers and we rely on information provided by Service Providers and we cannot be held responsible for Services provided, nor do we endorse or recommend any Service Provider. It is your responsibility to screen prospective Service Providers to make sure their skills and experience meet the needs of your Job, for example, based on any feedback left on the Portal regarding the Service Provider or through the chat function. Once you have reached an agreement with a Service Provider for Services, at this point a contract will come into existence between you and the Service Provider. Any terms imposed by the Service Provider will apply in addition to these Terms.
Service Providers are responsible for providing the Services to Service Recipients. We cannot guarantee that the Portal will contain details of any relevant Service Providers or that you will reach an agreement with any Service Providers in respect of a Job.
COMMUNICATING WITH SERVICE PROVIDERS
You may communicate with the Service Provider via the Portal using the chat function. You should only use this function to discuss matters relevant to the Services and should not use this to harass or threaten any Service Provider. Note that any contact details you provide will be visible on the Portal which a Service Provider may choose to use to contact you.
There is no fee for using the Portal unless notified to you otherwise, for example, to utilise certain functionality within the Portal, in which case you will be notified of the price and payment terms prior to being permitted to use such functions. You are responsible for paying any invoice submitted by the Service Provider in respect of the Services.
CHANGES AND CANCELLATION
Once an agreement has been reached for the Services between you and a Service Provider, if you wish to make any changes to or cancel the Services please contact the Service Provider.
If you have any issues with the Service Provider or the Services, you should resolve the issue directly with the Service Provider. You should also notify us of the concern.
Once the Services have been completed, you will be asked to rate and leave a review of the Service Provider which will be visible to future prospective Service Recipients and the Service Provider. We also request feedback from Service Providers about you. We are not liable for any feedback left via the Platform.
REMOVAL FROM THE PORTAL
We reserve the right at our complete discretion to remove you from the Portal and you shall not be permitted to view the Register. This may be, for example, if you leave inaccurate feedback or receive negative feedback.
THE PLATFORM FACILITATES THE BOOKING OF THE SERVICES. THESE SERVICES ARE PROVIDED BY EXTERNAL SERVICE PROVIDERS, NOT BY US, AND WE HAVE NO LIABILITY WHERE YOU ARE THE RECIPIENT OF SUCH SERVICES, INCLUDING FAILURE TO PROVIDE THE SERVICES.
SECTION 3 - USE OF PLATFORM AND PROVISION OF SERVICES AS SERVICE PROVIDER - ADDITIONAL TERMS
WHAT THIS SECTION COVERS
This section applies whenever you register with or use the Portal, place a Bid and provide Services to Service Recipients.
Please read these terms carefully before you register with the Portal.
REGISTERING ON THE PORTAL
You can register as a service provider to be provided with details of, and provide Bids for, Jobs and allow you to communicate with Service Recipients. During this process, you will be required to submit information to allow us to verify your identity.
You will be required to set parameters for your Services including your level of skills set, capability, geographical region etc (Parameters). These Parameters will affect which jobs you are eligible for and will be notified to you. You are responsible for ensuring that the Parameters are accurate and correct. If you upload any photos to your profile, you must ensure that you have the right to do so. You will also be required to set location details for your primary place of business. If you use the App (and have location services turned on) this will automatically determine the current location.
We make no guarantees that by registering on the Portal that any applicable Jobs will be posted by Service Recipients or that any Bid you submit will be successful.
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
The App will make use of location data sent from your devices to utilise certain functionality of the Platform. You can turn off this functionality at any time by turning off the location services settings for the App on the device however this may mean that you are not eligible for all Jobs. If you use this function, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. Service Recipients can see real-time information on your location once you have accepted a Job.
RELATIONSHIP WITH ACILECT
The relationship of you to Acilect will be that of an independent contractor and nothing in the Terms shall render you an employee, worker, agent or partner of Acilect and you shall not hold yourself out as such.
Accordingly, you shall be fully responsible for and shall indemnify us for and in respect of:
- any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the performance of the Services, where the recovery is not prohibited by law. You shall further indemnify us against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by us in connection with or in consequence of any such liability, deduction, contribution, assessment or claim; and
- any liability arising from any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by you against us arising out of or in connection with the provision of the Services, except where such claim is as a result of our act or omission.
In order to have access to the Portal as a Service Provider, you must pay a charge to Acilect (Subscription Fee). As part of the registration process, you can opt for either a monthly or annual subscription (Subscription Period) and the applicable Subscription Fee shall be notified to you.
The Subscription Fee for the Subscription Period is payable in advance and is non-refundable in all circumstances. If you fail to pay the Subscription Fee, we may suspend your access to the Portal, delete your details from the Register and/or terminate this agreement.
The Subscription Period will automatically renew at the end of the Subscription Period for the same duration and the Subscription Fee will be payable unless you have terminated your account. You can terminate your account at any time with such notice becoming effective at the end of the current Subscription Period.
COMMUNICATING WITH SERVICE RECIPIENTS
You may communicate with the Service Recipient via the Portal using the chat function. You should only use this function to discuss matters relevant to the Services and should not use this to harass or threaten any Service Recipient. Note that any contact details you provide will be visible on the Portal which a Service Recipient may choose to use to contact you.
The Portal facilitates communication with Service Recipients.
If you reach an agreement for Services with the Service Recipient, at this point a contract will come into existence between you and the Service Recipient. Any terms imposed by the Service Recipient will apply in addition to these Terms.
You warrant that you will provide the Services with reasonable skill and care and should maintain appropriate insurance.
The price for the Services is to be agreed with the Service Recipient, and the Service Recipient is responsible for paying any fees directly to you.
By posting any images or details of completed Services on the Portal you grant us the right to share the details of the Services, which may include images but will not include your personal data, for marketing purpose including on flyers and social media.
Once an agreement has been reached for the Services between you and a Service Recipient, if you wish to make any changes to or cancel the Services please contact the Service Recipient.
If you have any issues with the Service Recipient, you should resolve the issue directly with the Service Recipient. You should also notify us of the concern.
We request Service Recipients to leave feedback following receipt of the Services which will be visible to future prospective Service Recipients. We are not liable for any feedback left via the Platform. Once the Services have been completed, you will be asked to leave feedback of the Service Recipient. which will be visible to future prospective Service Providers and the Service Recipient.
REMOVAL FROM THE PORTAL
We reserve the right at our complete discretion to remove you from the Portal. This may be, for example, if you receive negative feedback from Service Recipients in relation to the Services, or fail to provide Services.
IF WE SUFFER ANY LOSSES AS A RESULT OF YOUR ACTS OR OMISSIONS, YOU SHALL INDEMNIFY US IN RESPECT OF ALL LOSSES SUFFERED BY US.
SECTION 4 - GENERAL TERMS - APPLY IN ALL CASES
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will notify you of a change when you next start the Portal.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
Our responsibility for loss or damage suffered by you if you are a business. Subject to the paragraph above:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of anticipated savings, loss of revenue, or any indirect or consequential loss arising under or in connection with any agreement between us; and
- our total liability to you for all other losses arising under or in connection with any agreement between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total fees (excluding VAT) paid to us by you in the 12 months preceding the event giving rise to liability.
Limitations to the Portal. The Portal is provided for general information purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Portal. Although we make reasonable efforts to update the information provided by the Portal, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the Portal. We recommend that you back up any content and data used in connection with the Portal, to protect yourself in case of problems with the Portal.
Check that the Portal is suitable for you. The Portal has not been developed to meet your individual requirements. Please check that the facilities and functions of the Portal meet your requirements.
We are not responsible for events outside our control. If our support for the Portal is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your agreement with us.
WE MAY END YOUR RIGHTS TO USE THE PORTAL IF YOU BREAK THESE TERMS
We may end your rights to use the Portal at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
If we end your rights to use the Portal:
- You must stop all activities authorised by these terms, including your use of the Portal.
- You must delete or remove the Portal from all devices in your possession and immediately destroy all copies of the Portal which you have and confirm to us that you have done this.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this agreement.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS AGREEMENT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS AGREEMENT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS PORTAL TO THIS AGREEMENT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These Terms are governed by English law and you can bring legal proceedings in respect of the Portal in the English courts.