Conre Global Terms of Service
Last updated: January 5, 2020
These Terms of Service constitute a legally binding agreement between you and Conre Connections Limited, Registered in the United Kingdom, No. 12951087. (“Conre”) governing your use of the Conre Platform. Conre’s websites (www.conre.co.uk) (the “Sites”), mobile applications (the “Apps”), and related services, information and communications are collectively referred to as the “Conre Platform.”
If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using, the Conre Platform.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE CONRE PLATFORM.
PLEASE NOTE: SECTION 28, WHICH CONTAINS JURISDICTION-SPECIFIC PROVISIONS, SPECIFIES HOW USERS AND CONRE RESOLVE DISPUTES.
BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE CONRE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING, AS APPLICABLE FOR U.S AND CANADIAN USERS, THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT) AND YOU ACCEPT ALL OF ITS TERMS.
Your use of the Conre Platform in a country other than the country in which you register constitutes your acceptance of and agreement to all of the terms and conditions in the Agreement for that country.
A few highlights of these Terms of Service include:
- • You must be at least the legally required age in the jurisdiction in which you reside (18 years old for U.S. based users), and otherwise capable of entering into binding contracts, in order to use or access the Conre Platform (Section 2).
- • Your agreement that the technology for the Conre Platform is provided “as is” and without warranty (Section 17).
- • Your agreement that Conre provides no warranty and has no liability regarding User action on the Conre Platform or the performance of Tasks (Section 17).
- • Your acknowledgment and agreement that Conre does not supervise, scope, direct, control, or monitor a Tasker’s work and the Tasks performed (Section 1).
- • Your acknowledgement and agreement that Clients are solely responsible for determining if the Tasker they hire is qualified to perform the Task (Sections 1 and 23).
- • Your acknowledgement and agreement that Taskers are independent contractors of Clients and not employees, independent contractors or service providers of Conre (Section 1).
- • Your agreement to hold harmless and indemnify Conre from claims due to your use or inability to use the Conre Platform or content submitted from your account to the Conre Platform (Section 18).
- • Your agreement to arbitrate disputes with Conre on an individual basis to the fullest extent permitted by applicable law as in Section 28.
1. The Conre Platform Connects Taskers and Clients
The Conre Platform is a web-based communications platform which enables connections between Clients and Taskers. “Clients” are individuals and/or businesses seeking to obtain short-term services (“Tasks”) from Taskers and are therefore clients of Taskers, and “Taskers” are businesses seeking to perform Tasks for Clients. Clients and Taskers together are hereinafter referred to as “Users.” If you agree on the terms of a Task with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.
TASKERS ARE INDEPENDENT BUSINESS OWNERS. TASKERS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF CONRE. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, CONRE OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CLIENTS WITH SERVICE PROVIDERS (TASKERS) WHO WISH TO PERFORM A VARIETY OF TASKS.
USERS HEREBY ACKNOWLEDGE THAT CONRE DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A TASKER’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 OR 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.
Any reference on the Conre Platform to a Tasker being licensed or credentialed in some manner, indicates only that the Tasker has completed a relevant account process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Conre of such Tasker’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Taskers whom they contact or interact with via the Conre Platform.
The Conre Platform enables connections between Users for the fulfillment of Tasks. Conre is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Tasks, Taskers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. Conre makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Tasks requested or services provided by, or the communications of or between, Users identified through the Conre Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
2. User Background Checks and User Representations and Warranties
User Background Checks
Users may be subject to a review process before they can register for and during their use of the Conre Platform, which may include but is not limited to: identity verification, right to work checks, and criminal background checks, using third party services as appropriate (“Background Checks”). Although Conre may perform Background Checks, Conre cannot confirm that each User is who they claim to be, and Conre cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Conre will not be liable for any false or misleading statements made by Users of the Conre Platform.
NEITHER CONRE, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE CONRE PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE CONRE AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CONRE PLATFORM.
User Representations and Warranties
All Users represent and warrant that:
- • You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for U.S. based users), and are otherwise 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;
- • You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Task or any interaction by or with any User and/or Conre in connection with the Conre Platform without the prior written consent of Conre and/or the relevant User, as applicable;
- • You will fulfill the commitments you make to other Users, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Tasker or Client as the case may be, and only utilize the third party payment service provider specified or approved by Conre to make or receive payment for services provided through the Conre Platform (the “PSP”);
- • You will act professionally and responsibly in your interactions with other Users;
- • You will use your real name or business name and an up-to-date photo on your profile;
- • When using or accessing the Conre Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
- • You will not use the Conre Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
- • Where you 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.
- • Other than as fully and promptly disclosed in writing to Conre, you do not have any motivation, status, or interest that Conre may reasonably wish to know about in connection with the Conre Platform, including without limitation, if you are using or will or intend to use the Conre Platform for any journalistic, academic, investigative, or unlawful purpose.
- Conre reserves all rights for final explanation.
Taskers additionally represent and warrant that:
- • When using the Conre Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
- • You are customarily engaged in an independently established business of the same nature as the services performed for Clients through the Conre Platform, and maintain an independent clientele;
- • You have the unrestricted right to work in the jurisdiction in which you will be performing Tasks;
- • If the Task is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
- • You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Tasks;
- • You have any and all insurance required to operate your business and provide your services;
- • You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Task(s) as agreed upon with your Client; and providing timely, high-quality services to your Clients;
- • You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.
3. Contract between Clients and Taskers
You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of a Task. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Conre Platform, and any other contractual terms accepted by both the Tasker and their Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand Conre’s obligations or restrict Conre’s rights under this Agreement. Conre is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between Conre and the Tasker, nor will it create an employment relationship between the Client and the Tasker. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Conre. Conre’s role, beyond enabling connections between Clients and Taskers via it’s web-based communications platform, is to act as a limited payment collection agent for the Tasker to facilitate payment for Tasks on behalf of the Tasker through the Conre Platform using the PSP. In acting as the limited payment collection agent for Tasks on the Conre Platform, Conre disclaims any other agency or authority to act on behalf of the Tasker, and assumes no liability or responsibility for any acts or omissions of the Tasker, either within or outside of the Conre Platform.
Where approved in advance by the Client, the Tasker is not obligated to personally perform the Task. Taskers may engage assistants, helpers, subcontractors or other personnel (collectively “Tasker Assistants”). For safety reasons, such Tasker Assistants shall have been background checked through the Conre Platform. A Tasker’s failure to comply with this provision shall be a violation of these Terms of Service and could lead to removal from the Conre Platform. The Tasker assumes full and sole responsibility for the acts and omissions of such Tasker Assistants and is fully responsible for the lawful payment of all compensation, benefits and expenses of Tasker Assistants, if any, and for all required and applicable tax withholdings as to such Tasker Assistants. Clients are responsible for confirming with their Tasker that any Tasker Assistants are registered Taskers on the Conre Platform and Clients understand that they are entering into separate Service Agreements with the Tasker and each Tasker Assistant.
While using the Conre Platform, Clients, in their sole discretion, determine whether they will be present or not when a Task is performed. Clients who elect not to be present when a Task is performed agree that if someone other than them books the Task on their behalf or is present when the Task is performed, they are appointing that person as their agent (“Client’s Agent”) and the Tasker may take and follow direction from the Client’s Agent as if such direction was given from the Client him or herself. If you are a Client’s Agent and accessing and using the Conre Platform on behalf of a Client, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. Client assumes full and sole responsibility for the acts and omissions of Client’s Agents. Client’s Agents are deemed third parties for the purposes of the Happiness Pledge and are thereby excluded from it.
The Client shall pay their Tasker(s) in full for all Task services via the PSP as indicated on the Conre Platform, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Task.
4. Billing and Payment
Users of the Conre Platform contract for Tasks directly with other Users. Conre will not be a party to any contracts for Tasks or services. Conre is not obligated to compensate Tasker for Client’s failure to pay for services.
The Task Payment, service charge, and platform fee must be paid through the PSP. Users of the Conre Platform will be required to provide their payment method details to Conre and the PSP. Clients will be responsible for paying the invoice(s) for each Task (the “Invoice(s)”), which will include (i) the pricing terms of the Task provided by the Tasker and agreed upon by the parties (“Task Payment”), (ii) any out of pocket expenses agreed upon by the parties and submitted by the Tasker in connection with the Task, (iii) the service charge Conre assesses to the Client as payable for the use of the Conre Platform, and (iv) the platform fee (sometimes referred to as Trust & Support Fee) Conre assesses to the Client, which is used to offset Conre’s cost of providing Users with customer support, providing various business objectives, or (vi) cancellation fees, if applicable. In addition, a tip or gratuity, as applicable, may be added by the Client or at the Client’s direction to the Invoice(s) and all such tips or gratuities shall go directly to the Tasker. Users may also be charged credit card processing fees up to 5% of the aggregate expense amount if expenses related to a Task individually, or Tasks in the aggregate over a 30-day period, exceed $300 / 300£ / 300€, as applicable in your country. Taskers will be responsible for paying (i) registration fees, if applicable, (ii) cancellation fees, if applicable, and (iii) repayment of erroneous payments. Clients will be able to deposit their payment in advance to Conre via PSP, in such cases, Conre reserve the right to use such advance deposit without notifying the Clients. Conre is not obligated to refund the advance deposit if the Client breached a provision of this Agreement.
Taskers will be required to set up an account with the PSP, which may require any or all of the following: registration with the PSP, agreement with the terms of service of the PSP (the “PSP Services Agreement”), and completion of a vetting process and/or account validation at the request of the PSP. By accepting these Terms of Service, each Tasker agrees that they have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that Conre is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Conre has no obligations, responsibility or liability to any Tasker or other party under the PSP Services Agreement. If your country does not accept the PSP payment, no parties is not obligated to send you any substitute form of monetary payment. Alternatively, Taskers can also choose to receive gift cards or donate their earning accordingly (Section 13).
To help prevent fraud and safeguard User information from the risk of unauthorized access, Conre and/or the PSP may validate an account before activation and prior to each booking. As part of the validation process, temporary charges may be placed on the account associated with the User and then refunded within 1-3 business days. Due to the difference in PSP and credit card issuer requirements, this temporary charge may vary depending on the estimated value of the Task and expenses.
Conre reserves the right (but not the obligation) upon request from Client or Tasker, or upon notice of any potential fraud, unauthorized charges or other misuse of the Conre Platform, to (i) place on hold any Task Payment, out of pocket expenses, and/or tip or gratuity (if applicable) or (ii) refund or provide credits, or arrange for the PSP to do so.
Users of the Conre Platform will be liable for any taxes (including VAT, if applicable in the country where the Task is performed) required to be paid on the Tasks provided under the Agreement.
5. Contests, Conre’s Gift Cards, and Promotional Codes
Conre may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of Conre, and can be implemented, modified, or removed at any time by Conre without advance notification. The liability of Conre and Affiliates, as well as any of Conre’s corporate partners pursuant to such promotional opportunities and contests, shall be subject to the limitations set forth in Section 17 of these Terms of Service.
Conre gift cards (“Gift Cards”) and promotional codes (“Promo Codes”) may be available and can be used to pay Task Payments and Conre service charge and platform fee in part or in full, but may not be used to pay for reimbursement of out of pocket expenses or tips or gratuity associated with a Task provided through the Conre Platform.
(a) Promo Codes
Promo Codes are an offer by Conre to reduce the amount a Client has to pay in relation to a Task Payment, service charge, and/or platform fee. Promo Codes will not affect the amount of the Task Payment a Tasker ultimately receives. The use or application of any Promo Code is solely intended as a promotional initiative and does not in any way create a relationship or engagement between Conre or the Tasker or Client, or constitute wages, fees or other amounts paid to the Tasker by Conre. You agree that you will use Promo Codes in accordance with the terms and conditions governing the Promo Code. A new user Promo Code may only be used once by any User, regardless of the email address used during registration. Conre reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by you or any other User in the event that the use or redemption of a Promo Code was in error, fraudulent, illegal, or otherwise in violation of the applicable Promo Code terms and conditions or this Agreement.
(b) Conre’s Gift Cards
Conre’s Gift cards can only be used in connection with Tasks performed on the Conre Platform, are not replaceable if lost or stolen and have no expiration date. Gift cards have no cash value and cannot be exchanged for cash except as required by law. Gift Cards must be entered directly into the Client account; they may not be directly accepted by Taskers as a payment method.
A Gift Card cannot be combined with any other Gift Cards, gift certificates or Promo Codes. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” (or add value/balance) to your Gift Card at this time. If a Gift Card holder’s purchase exceeds the amount of that Gift Card’s balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. Conre reserves the right to correct the balance of a Gift Card if Conre believes that a billing error has occurred. Conre reserves the right to limit quantities of Gift Cards purchased by any person or entity, and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means. Gift Cards and their use are subject to this Agreement, and use of a Gift Card constitutes acceptance thereof.
You agree to comply with all Gift Card terms and conditions.
6. Public Areas; Acceptable Use
The Conre Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, task postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. Without limitation, the Conre Platform may not be used for any of the following purposes:
- • To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Conre staff;
- • To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
- • To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Conre;
- • To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage Conre or its Users’ computers;
- • To advertise or offer to sell any goods or services for any commercial purpose through the Conre Platform which are not relevant to the Task services;
- • To conduct or forward surveys, contests, pyramid schemes, or chain letters;
- • To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments;
While using the Conre Platform, you may not:
- • Use the Conre Platform for any unauthorized or illegal purpose, including but not limited to posting or performing a Task in violation of local, state, provincial, national, or international law;
- • Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;
- • Post the same Task repeatedly (“Spamming”);
- • Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Conre Platform;
- • Restrict or inhibit any other User from using and enjoying the Public Areas;
- • Imply or state that any statements you make (whether on or off the Conre Platform) are endorsed by Conre, without the prior written consent of Conre;
- • Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Conre Platform, or the electronic addresses or personal information of others, in any manner;
- • Frame or utilize framing techniques to enclose the Conre Platform or any portion thereof;
- • Hack or interfere with the Conre Platform, its servers or any connected networks;
- • Adapt, alter, license, sublicense or translate the Conre Platform for your own personal or commercial use;
- • Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Conre and Affiliates;
- • Upload content to the Conre Platform 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;
- • Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
- • Use the Conre Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Conre Platform as set forth herein;
- • Use the Conre Platform to collect usernames, email addresses, or other personal information of Users by electronic or other means, not related to use of the Conre Platform as set forth herein;
- • Use the Conre Platform or the Task services in violation of this Agreement;
- • Use the Conre Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining Conre’s trade secret information for public disclosure or other purposes;
- • Attempt to circumvent the payments system or service charge or platform fee in any way including, but not limited to, making or processing payments outside of the Conre Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
- • Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
- • Cause any third party to engage in the restricted activities above; or
- • Use tools with the goal of masking your IP address (like the TOR network).
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Conre will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
7. Mobile App Updates and Upgrades
8. Deactivation and Suspension
Conre may suspend your right to use the Conre Platform pending its investigation of a potential breach by you of this Agreement. Conre may deactivate your account or limit your use of the Conre Platform upon its determination that you breached a provision of this Agreement (a “User Breach”). Conre will provide you with written notice of its determination. If you wish to appeal this determination, please contact email@example.com within 14 days of receipt of such notice with the grounds for your appeal.
If Conre suspends or deactivates your account or limits your use of the Conre Platform pursuant to this Section 8, you are thereafter prohibited from registering and creating a new account under your name or business 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.
Even after your right to use the Conre Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. Conre reserves the right to take appropriate legal action pursuant to the Agreement.
Conre reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Conre Platform at its sole discretion. Conre will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Conre shall not be liable to you for any modification or discontinuance of all or any portion of the Conre Platform. Conre has the right to restrict anyone from completing registration as a Tasker if such person may threaten the safety and integrity of the Conre Platform, or if such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the Conre Platform and deactivating your account. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the Conre Platform.
9. Account, Password, Security, and Telephone Communications
You must register with Conre and create an account to use the Conre Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Conre for accessing the Conre Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. Conre has no control over the use of any User’s account 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 agree to notify Conre immediately.
You acknowledge that telephone calls to or from Conre, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.
You verify that any contact information provided to Conre, our agents and affiliates, and Users, including, but not limited to, your name, affiliation, occupation, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify Conre before the change goes into effect by contacting firstname.lastname@example.org.
10. User Generated Content
“User Generated Content” is defined as any information and materials you provide to Conre, its corporate partners, or other Users in connection with your registration for and use of the Conre Platform and participation in Conre promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Conre is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Conre has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.
You hereby represent and warrant to Conre that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Task is performed); (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libellous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with Conre or otherwise purport to act as a representative or agent of Conre; and (i) will not create liability for Conre or cause Conre to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.
Conre respects the personal and other rights of others, and expects Users to do the same. Conre is entitled to identify a User to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.
If a User believes, in good faith, that any User Generated Content provided on or in connection with the Conre Platform is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify Conre. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify the Conre. Such notification can be made at Conre Connections Limited, 237 Kemp House 160 City Road, London, United Kingdom, EC1V 2NX.
11. Links to Third-Party Websites
The Conre Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Conre or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Conre Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Conre does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Conre is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Conre has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Conre Platform at its sole discretion.
The use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Conre expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Conre Platform. You hereby agree to hold Conre harmless from any liability that may result from the use of links that may appear on the Conre Platform.
As part of the functionality of the Conre Platform, you may link your account with online accounts you may have with third party social networking service providers (such as Facebook or Google) (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Conre Platform; or (ii) allowing Conre to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Conre and/or grant Conre access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Conre to pay any fees or making Conre subject to any usage limitations imposed by such third-party service providers. By granting Conre access to any Third-Party Accounts, you understand that (i) Conre may access, make available and store (if applicable) your public profile that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through the Conre Platform via your Conre account, including without limitation any friend lists, and (ii) Conre may submit to and receive additional information from your Third-Party Account to the extent specified when you link your account with the Third-Party Account. Unless otherwise stated in these Terms of Service, all SNS Content shall constitute User Generated Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information or personal data that you post to your Third-Party Accounts may be available on and through your account on the Conre Platform. Please note that if a Third-Party Account or associated service becomes unavailable or Conre’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Conre Platform. You will have the ability to disable the connection between your account on the Conre Platform and your Third-Party Accounts at any time, by revoking permissions in the account settings of your Third-Party Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Conre makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Conre is not responsible for any SNS Content.
12. Conre Operates as an Online Marketplace
Conre operates as an online marketplace that connects Clients with service providers (Taskers) who wish to perform a variety of Tasks. Taskers operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for Clients through the Conre Platform. Conre does not control or direct the Taskers’ performance of their services or set their work locations or work hours. Taskers provide services under their own name or business name, and not under Conre’s name. Taskers provide their own tools and supplies to perform their services; Conre does not provide the tools or supplies. Taskers are free to maintain a clientele without any restrictions from Conre and are free to offer and provide their services elsewhere, including through competing platforms. Conre does not set Taskers’ hours or terms of work. Taskers are free to accept or reject Clients and contracts. Taskers are not penalized for rejecting Clients or contracts, though if Taskers accept a Client or contract through the Conre Platform, they are expected to fulfill their contractual obligations.
The Conre Platform is not an employment agency service or business and Conre is not an employer of any User. Taskers acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Tasks and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
13. Gift Cards pay-out and donations
Taskers may receive a maximum number of gift cards or payments via PSP unless the Client, in its sole discretion, chooses to award additional gift cards or payments to the Taskers.
Neither the Taskers nor any other party will issue any form of refund or issue any replacement gift cards or payments to Taskers if Taskers do not receive the gift card, or the gift card code does not work. Neither the Client nor Conre is obligated to answer or respond to any inquiries or other form of contact it receives from Taskers regarding any gift cards that Taskers did not receive. The gift cards offered through the Conre Platform or the App are subject to change without notice and are in no way affiliated with Google or Apple. Likewise, the process of awarding gift cards is in no way affiliated with Google or Apple.
Any email messages, including but not limited to the gift cards, may end up in email application’s “spam” or “junk” folder. Taskers should be mindful of this and regularly check these folders to ensure proper gift card delivery.
Taskers may alternatively choose to donate their earning to the Charity when permitted by law. Conre is not obligated to issue any receipts from the Charity. Neither Conre nor the Charity is obligated to issue any documents to prove the Tasker’s donation for any purposes (including but not limited to tax purposes).
14. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including Conre designs, trademarks, and logos (collectively “Proprietary Material”) that Users see or read through the Conre Platform is owned by Conre, excluding User Generated Content, which Users hereby grant Conre a license to use as set forth above in Article 10. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Conre owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Conre Platform without Conre’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.
The service marks and trademarks of Conre, including without limitation Conre, Conre for Good, and associated logos, are service marks owned by Conre. Any other trademarks, service marks, logos and/or trade names appearing via the Conre Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
15. Copyright Complaints and Copyright Agent
Conre respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Conre Platform infringe upon your copyright or other intellectual property right, please send the following information to Conre Connections Limited., 237 Kemp House 160 City Road, London, United Kingdom, EC1V 2NX.
- • A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Conre Platform where the material you claim is infringed is visible. Include enough information to allow Conre to locate the material, and explain why you think an infringement has taken place;
- • A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- • Your name, address, telephone number, and e-mail address;
- • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- • A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- • Your electronic or physical signature as the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
16. Confidential Information
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Conre and agree that you will not, for the lifetime of your account on Conre plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the Conre Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify Conre in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to Conre promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of Conre’s trade secrets, confidential and proprietary information, and all other information and data of Conre that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to Conre or Conre’s business, operations or properties, including information about Conre’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
17. Disclaimer of Warranties
Please note that for Users in France, Germany, and Spain, this Section 17 is subject to the jurisdiction-specific exemptions set forth in Section 28.
(a) Use Of The Conre Platform Is Entirely At Your Own Risk
THE TECHNOLOGY OF THE CONRE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. CONRE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE CONRE PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE CONRE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE CONRE PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
Conre does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the Conre Platform or any hyperlinked website or featured in any banner or other advertising, and Conre will not be a party to or in any way be responsible for monitoring any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Conre and Affiliates do not warrant that access to the Conre Platform will be uninterrupted or that the Conre Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Conre Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Task, service, information or materials provided through or in connection with the use of the Conre Platform. Conre and Affiliates are not responsible for the conduct, whether online or offline, of any User. Conre and Affiliates do not warrant that the Conre Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Conre and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.
Notwithstanding any feature a Client may use to expedite Conre selection, each Client is responsible for determining the Task and selecting their Tasker and Conre does not warrant any goods or services purchased by a Client and does not recommend any particular Tasker. Conre does not provide any warranties or guarantees regarding any Tasker’s ability, professional accreditation, registration or license.
(b) No Liability
You acknowledge and agree that Conre is only willing to provide the Conre Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Conre and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Conre Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Conre and Affiliates, and any destruction of your User Generated Content.
UNDER NO CIRCUMSTANCES WILL CONRE AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE CONRE AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY CONRE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE CONRE PLATFORM OR THE TASK SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH CASES THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
CONRE AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS CONRE PLATFORM. CONRE AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE CONRE PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT CONRE AND AFFILIATES OR THEIR CORPORATE PARTNERS 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 CONRE (IF YOU ARE A CLIENT) OR TOTAL TASK PAYMENTS PAID TO YOU BY CLIENTS (IF YOU ARE A TASKER), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You hereby agree to indemnify, defend, and hold harmless Conre and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the Conre Platform; (ii) your participation in Tasks, or your ability or inability to perform or obtain the performance of Tasks or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in Section 2; (vi) any content submitted by you or using your account to the Conre Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) if you are a Client, the acts or omissions of any Client’s Agents. Conre reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Conre.
19. Dispute Resolution
To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the Conre Platform, your relationship with Conre, Tasks, or this Agreement (including previous versions), (“Dispute”), you and Conre agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least 30 days before initiating any out of court settlement or court proceeding Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to Conre. Conre’s address for such notice is Conre Connections Limited., 237 Kemp House 160 City Road, London, United Kingdom, EC1V 2NX.
PLEASE NOTE: FOR MORE INFORMATION ABOUT DISPUTE RESOLUTION TERMS, PLEASE REVIEW THE JURISDICTION-SPECIFIC SECTION APPLICABLE TO YOU BELOW.
20. App Store Sourced Apps
The following applies to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”):
You acknowledge and agree that (i) the Agreement is entered into between you and Conre only, and Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Conre, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Conre and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Conre, subject at all times to warranty limitations and exclusions set forth in this Agreement.
You and Conre acknowledge that, as between Conre and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Conre acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Conre and Apple, Conre (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by this Agreement.
You and Conre acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
21. No Agency; No Employment
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
22. General Provisions
Failure by Conre to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Conre with respect to its subject matter, and supersedes and governs any and all prior agreements or communications except as otherwise specified in the Arbitration Agreement in Section 28A. However, this Agreement does not supersede other agreements about other subject matter that you may have with Conre, such as the IKEA Assembly Category Terms and Conditions. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Agreement Prohibiting Class Actions and Non-Individualized Relief” provision in the section applicable to U.S. Residents in Section 28A below, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. You hereby acknowledge and agree that we may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Upon the effective date of the assignment of the Agreement (a) Conre shall be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment and, (b) the assignee entity shall replace Conre for the performance of this Agreement. This Agreement may not be assigned or transferred by you without our prior written approval. Any assignment in violation of this Section 22 shall be null and void. This Agreement will inure to the benefit of Conre, its successors and assigns.
Taskers alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Tasks. Indeed, certain types of Tasks and services may be prohibited altogether, and it is the responsibility of Taskers to avoid such prohibited Tasks and services. Penalties may include fines or other law enforcement. If you have questions about how national/ state/ provincial/ territorial and local laws apply to your Tasks and services on the Conre Platform, you should first seek appropriate legal guidance.
Because Conre does not supervise, scope, direct, control, or monitor a Tasker’s work or performance of Tasks, Clients must determine for themselves whether a Tasker is qualified to perform the specific Task at hand. Clients may wish to consult their national/state/provincial/territorial or local requirements to determine whether certain Tasks are required to be performed by a licensed or otherwise registered professional. Clients may also wish to discuss with their Tasker any specific hazards, obstacles, or impediments in the Task location (both visible and concealed) that may impact the performance of the Task.
24. Changes to this Agreement and the Conre Platform
25. No Rights of Third Parties
The provisions of this Agreement are for the sole benefit of the Parties and their successors and permitted assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights except as set forth in Section 20) or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that a Client’s Agent may act in the name of and on behalf of his/her Client.
26. Notices and Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.
If you have any questions about these Terms of Service or about the Conre Platform, please contact us by email at email@example.com or by mail to Conre Connections Limited., 237 Kemp House 160 City Road, London, United Kingdom, EC1V 2NX..
27. Consent to Electronic Signatures
By using the Conre Platform, you agree to transact electronically through the Conre Platform. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
28. Jurisdiction-specific Provisions, including Dispute Resolution
Worker Classification and Withholdings
Conre does not employ Taskers. Conre is not responsible for and will not be liable for any tax payment or withholding, including but not limited to applicable VAT, National Insurance, employer’s liability, social security, PAYE or other payroll withholding tax in connection with a User’s use of the Conre Platform. The Tasker assumes full and sole responsibility for all required and applicable income tax and National Insurance Contributions withholdings as to the Tasker and all persons engaged by the Tasker in the performance of the Task Services. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
Media and User Generated Content
To the extent permitted by law, you hereby grant Conre a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects you provide to Conre (collectively, “Media”) in exchange for use of the Conre Platform, in any media now known or not currently known in order to market, operate, and improve upon the Conre Platform, including but not limited to the right to the following:
- • Use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Media or User Generated Content;
- • Exhibit, distribute, display, transmit, and broadcast on any and all media (including, without limitation, the internet), any Media or User Generated Content (or portion thereof) or any videotape, film, recording, or photograph (or portion thereof) that such User provides to Conre or that Conre takes of User, and use, reproduce, modify, or creative derivatives of such User Generated Content or Media, including such User’s picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”) in any format and through any distribution channels;
- • Reproduce in any and all media any recordings of such User’s voice, and any related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Conre Platform or any Conre promotional campaigns;
- • Use, and permit to be used, such User’s Media, Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Conre Platform in any media, in any format and through any distribution channels; and
- • Use, and permit to be used, such User’s name and identity in connection with the Conre Platform or any Conre promotional campaigns.
Further, you hereby waive any and all moral rights in connection with the Media (to the extent allowable by law). Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third party rights.
Each User acknowledges that Conre shall not owe any financial or other remuneration for using the Media, Physical Likeness, or Voice provided hereunder by such User, either for initial or subsequent transmission or playback.
Each User hereby waives all rights and releases Conre and Affiliates from, and shall hold harmless against any such parties for, any claim or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, Physical Likeness, Media, or Voice in connection with the Conre Platform.
Conre and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
You will promptly disclose to Conre in writing if you have any potentially relevant unspent convictions or cautions (other than minor fixed penalty parking or speeding offenses), that arise during your use of the Conre Platform.
Contract between Clients and Taskers
Clients, and not Conre, supervise, scope, direct, control, or monitor a Tasker’s work and the Tasks performed, and may waive any such direction or instruction during the performance of the Task. Client’s Agent may authorize any applicable waiver of the Client’s scoping, direction, or instruction of the Tasker’s work or performance of the Task by signing in the Client’s stead. Client agrees that such direction and/or waiver is valid against Client and Client’s Agent, and Client shall be responsible and liable for all such direction and/or waiver as if made by Client him or herself.
Regardless of any other provision in this Agreement, nothing in these Terms of Service excludes or limits liability for: (i) death or personal injury caused by Conre’s negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that, by law, may not be limited or excluded.
No Rights of Third Parties
The provisions of this Agreement are for the sole benefit of the Parties and their successors and permitted assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights). No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this Agreement, provided, however, that a Client’s Agent may act in the name of and on behalf of his/her Client.
Invoicing Obligations for Taskers
As a Tasker rendering services in the U.K., you may have the obligation under the Commercial Code and the Tax Code to issue invoices or receipts to your Clients. Any invoices or receipts have to comply with specific requirements. Conre is not responsible for issuing these invoices or receipts on your behalf. By accepting these Terms of Service, you acknowledge that Conre will not issue invoices or receipts on your behalf.
A Tasker rendering services in the U.K. may be required to issue invoices to its Clients. The Tasker shall be responsible at all times, and fully liable regarding, (i) its invoicing obligations, in particular as regards the content of the invoice and its mandatory details and (ii) the VAT consequences deriving from that. More generally, the Tasker shall be responsible for filing his/her VAT returns and paying VAT relating to the Tasks performed by the Tasker for the benefit of the Client.
Conre shall not be held responsible for any breach of the Tasker’s tax obligations, it being specified that Conre shall not be held jointly and severally liable for VAT, interest on overdue VAT, or for any penalties or fines that would be owed by the Tasker.
This Agreement and your use of the Conre Platform shall be governed by English law, and any dispute regarding this Agreement or the use of the Conre Platform will only be dealt with by the English courts. Nothing shall prevent Conre from bringing proceedings to protect our intellectual property rights before any competent court.