a. These Uber Tasks Terms and Conditions (“Uber Tasks Terms”) govern your access and use of the portal made available by Schleuder, LLC, a Delaware limited liability company with offices at 1515 3rd Street, San Francisco, CA 94158 (along with its affiliate companies, hereinafter referred to as, “Uber”) and enables users to make requests for short-term services to be provided in-and-around their home (“Tasks”) by third party individuals (“task helpers”) that have chosen to provide such services (“Uber Tasks”). Uber is not responsible for the services provided by task helpers, including but not limited to any of the work performed by task helpers, any of the acts, omissions, negligence of the task helpers, nor for the tools that you request task helpers to use on any Tasks. Uber will not verify and cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any inaccurate, misleading, or untrue information provided to Uber by third parties, or for the non-delivery of information. In addition, Uber is not responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade, or maintenance of our platform or otherwise).
a. Uber Tasks provides an online and in-app portal that enables users to search for task helpers to provide them with services in-and-around a user’s home as needed. Users are responsible for both identifying the specific Task to be completed and the estimating the amount of time they will allow for the task helper to complete the Task. It is your responsibility to inform the task helper of any tools to bring to complete the Tasks you have requested to be performed in-and-around your home. Users must be present at the task location and need to provide the in-app PIN to the task helper for the commencement of the Task. You may not request for task helpers to move, lift, or provide any assistance with boxes or items that are above fifty (50) pounds. Uber provides no insurance coverage for any property damage or personal injuries that may occur to you, the task helper or any other third parties in connection with the services being provided by the task helper. Although we will use reasonable skill and care in offering users the ability to use Uber Tasks, we will not verify and cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any errors, including manifest and typographical errors, any interruptions, repair, upgrade, or maintenance of our platform or otherwise, inaccurate, misleading, or untrue information, nor non-delivery of information. Uber Tasks does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification, rating, or type of accommodation of any task helper or the services a task helper provides, unless explicitly indicated otherwise. Uber Tasks is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g., spider, scrape), display, download, or reproduce any content or information, software, reservations, tickets, products, or services available on Uber Tasks for any commercial or competitive activity or purpose. YOU ACKNOWLEDGE AND AGREE THAT task helperS ARE INDEPENDENT CONTRACTORS AND ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, NOR JOINT VENTURERS OF UBER OR ANY OF ITS AFFILIATES. UBER DOES NOT PERFORM TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS.
b. task helpers: By using Uber Tasks, you enter into a direct, legally binding contractual relationship with the task helper with which you make a reservation for them to provide short-term service(s). Uber acts solely as an intermediary between you and the task helper, transmitting the relevant details of your reservation to the task helper. YOU ACKNOWLEDGE AND AGREE THAT UBER DOES NOT PERFORM TASKS, AND THE task helper’S WORK IS NOT AN INTEGRAL PART OF UBER’S BUSINESS; UBER DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS; UBER DOES NOT SUPERVISE, DIRECT, CONTROL, MONITOR, NOR APPROVE A task helper’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE TASKS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO, A WARRANTY OF CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
c. Access and Use of Uber Tasks
1. User Requirements
- You are at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account;
- You will use Uber Tasks in accordance with the Uber Task Terms;
- You will only use Uber Tasks to make legitimate task requests for non-commercial and non-rideshare/delivery purposes;
- You will only supply information that is true, accurate, current and complete;
- you will not authorize third parties to use your Account to access and use Uber Tasks;
- You agree to comply with all applicable laws when accessing or using Uber Tasks;
- You will only access or use Uber Tasks for lawful purposes;
- You will not in your access or use of Uber Tasks cause nuisance, annoyance, inconvenience, or property damage, whether to task helpers or any other party; and
- You agree to comply with Uber’s Community Guidelines, which generally require that you: (1) treat everyone with respect; (2) help keep everyone safe; and (3) follow the law.
2. Payment for Uber Tasks
In order to book an Uber Tasks reservation, you will be required to provide a valid payment method for the task at the time of booking. You will provide the estimated amount of time you would like the task helper to work on your requested Task. You agree to pay the task helper for their work according to the following:
- You agree to pay the task helper for a minimum of one hour, even if the Task is completed in under one hour’s time;
- You agree to pay the task helper for the full amount of time they provide services to you;
- If the amount of time you have estimated for the task has concluded, you and the task helper can mutually agree for overtime work, in which you agree to pay the task helper a prorated amount in 15-minute increments based on the first hour’s pay.
Any fee disputes or customer service issues solely for tasks requested while using the Uber App, may be addressed through the Happiness Commitment support team.
3. Cancellation, or Re-booking of Tasks
You have the right to cancel the services requested of the task helper at any time. Notwithstanding the foregoing, (1) if you cancel anytime up until one hour prior to the task’s start time, or (2) if the task helper is anticipated to be more than ten (10) minutes late for the task start time based on the in-app ETA and you cancel within ten (10) minutes of this in-app notification of the task helper’s late ETA, you will not be charged a cancellation fee. However, if you cancel the requested task within one hour of the task’s start time, you will be responsible for paying the full estimated total as detailed in the Uber App (“Tasks Cancellation Fee”).
If the task helper is not able to complete the Task because, for example, the user is not at the task location to provide the PIN and start the Task, you will be responsible for paying the Tasks Cancellation Fee. You acknowledge and agree that you may be charged for any costs associated with a Task failure.
4. Tasks Notices
The user will receive a message from Uber notifying them that a task helper is en route to perform the Task as scheduled (“Task Notice”). The Task Notice may be a push notification, or an SMS message, depending on the user’s app user preferences.
Uber’s Privacy Notice, currently available at https://privacy.uber.com/policy/, will apply to our collection, use and processing of your personal data. We will provide task helpers with the data necessary to enable your use of Uber Tasks, as applicable, including your location.
b. WAIVER OF JURY TRIAL
UBER TASKS IS PROVIDED "AS IS" AND "AS AVAILABLE." UBER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE UBER TASKS TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, UBER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF UBER TASKS OR ANY SERVICES OR GOODS PROVIDED THROUGH UBER TASKS BY task helperS, OR THAT UBER TASKS WILL BE UNINTERRUPTED OR ERROR-FREE. UBER WILL NOT BE RESPONSIBLE FOR ANY INACCURACY RELATING TO THE INFORMATION DISPLAYED ON UBER TASKS INCLUDING RATES AND AVAILABILITY OF THE task helper AS MADE AVAILABLE ON UBER TASKS. UBER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF task helperS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF UBER TASKS, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW
TO THE EXTENT PERMITTED BY LAW, NEITHER UBER NOR ANY OF OUR DISTRIBUTORS, AFFILIATE (DISTRIBUTION) PARTNERS, LICENSEES, AGENTS, OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE UBER TASKS AND ITS CONTENTS WILL BE LIABLE FOR (I) ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGES, ANY LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, OR LOSS OF CLAIM; (II) ANY INACCURACY RELATING TO THE INFORMATION DISPLAYED ON UBER TASKS (INCLUDING RATES, AVAILABILITY, AND RATINGS) OF THE task helper AS MADE AVAILABLE ON OUR PLATFORM; (III) THE SERVICES RENDERED OR THE PRODUCTS OFFERED BY THE task helper OR OTHER BUSINESS PARTNERS INCLUDING BUT NOT LIMITED TO THE CONDITION OR AVAILABILITY OF THE SERVICES; (IV) ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSSES, OR COSTS SUFFERED, INCURRED, OR PAID BY YOU, PURSUANT TO, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR DELAY OF UBER TASKS; OR (V) ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER (DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE) DAMAGES, LOSSES, OR COSTS SUFFERED, INCURRED OR PAID BY YOU, WHETHER DUE TO (LEGAL) ACTS, ERRORS, BREACHES, (GROSS) NEGLIGENCE, WILLFUL MISCONDUCT, OMISSIONS, NON-PERFORMANCE, MISREPRESENTATIONS, TORT OR STRICT LIABILITY BY OR WHOLLY OR PARTLY ATTRIBUTABLE TO THE task helper OR ANY OF OUR OTHER BUSINESS PARTNERS (INCLUDING ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, OR AFFILIATED COMPANIES) WHOSE SERVICES ARE DIRECTLY OR INDIRECTLY MADE AVAILABLE, OFFERED, OR PROMOTED ON OR THROUGH UBER TASKS, INCLUDING ANY (PARTIAL) CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR ANY OTHER EVENT BEYOND OUR CONTROL.
b. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, NEITHER UBER NOR ANY OF OUR DISTRIBUTORS, AFFILIATES, PARTNERS, LICENSEES, AGENTS, OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE UBER TASKS AND ITS CONTENTS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF REVENUE, LOSS OF PRODUCTION, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, LOSS OF CLAIM, LOST DATA, PERSONAL INJURY, PROPERTY OR OTHER DAMAGE, LOSSES OR OTHER COSTS SUFFERED, INCURRED OR PAID BY YOU RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE, INABILITY TO USE, OR DELAY OF UBER TASKS, REGARDLESS OF THE ACTS, ERRORS, BREACHES, WILLFUL MISCONDUCT, OMISSIONS, NON-PERFORMANCE, MISREPRESENTATION, TORT, STRICT LIABILITY, OR NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCUR TASKS ) OF UBER OR WHOLLY OR PARTLY ATTRIBUTABLE TO THE task helper OR ANY OF OUR OTHER BUSINESS PARTNERS (INCLUDING ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, OR AFFILIATED COMPANIES) WHOSE PRODUCTS OR SERVICES ARE DIRECTLY OR INDIRECTLY MADE AVAILABLE, OFFERED, OR PROMOTED ON OR THROUGH UBER TASKS , INCLUDING ANY CANCELLATIONS, OVERBOOKING, STRIKE, FORCE MAJEURE, OR ANY OTHER EVENT BEYOND OUR CONTROL, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UBER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON UBER TASKS OR YOUR INABILITY TO ACCESS OR USE UBER TASKS ; (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY task helper, (iii) THE CONDITION OF THE TASKS SERVICES OFFERED BY task helperS, OR (iv) YOUR USE OF ANY TASKS SERVICES PROCURED USING UBER TASKS, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND UBER'S REASONABLE CONTROL.
YOU ASSUME EXPOSURE TO AND RISK OF ANY LOSS, THEFT, TAMPERING OR DELAY IN YOUR USE OF UBER TASKS.
UBER TASKS MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES WITH THIRD PARTY task helperS, BUT YOU AGREE THAT UBER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES OR PRODUCTS PROVIDED TO YOU BY task helperS OTHER THAN AS EXPRESSLY SET FORTH IN THESE UBER TASKS TERMS.
You agree to indemnify and hold Uber and its affiliates and their 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 Uber Tasks, (ii) your use of services or products (including but not limited to those obtained from task helpers through your use of Uber Tasks; (ii) your breach or violation of any of these Uber Tasks Terms; (iii) Uber's use of your User Content; or (iv) your violation of the rights of any third party, including task helpers.
You understand that Uber provides no insurance coverage for any property damage, injuries or other harm that may occur to you, the task helper, or any other third parties, during or after the completion of a Task.
a. Agreement Changes
Uber may in its sole discretion change the Uber Tasks Terms or any aspect of Uber Tasks, or cancel Uber Tasks at any time without notice to you. To the maximum extent permitted by law, your continued use of Uber Tasks after the effective date of the revised Uber Tasks Terms constitutes your acceptance of the terms. If any change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or the Uber Tasks Terms.