hello@jutons.com
English | 简体中文

Terms of Use

Last Updated: August 6, 2017

These Terms of Use constitute a legally binding agreement (“Agreement”) between you and Jutons, LLC (“Company” or “Jutons”) governing you use of the platform provided by Jutons in matching your needs with local service providers, the Company’s website www.jutons.com, and any other services provided by Jutons (collectively “Platform”).

PLEASE READ CAREFULLY. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT AND ACCEPT ALL OF ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICES.

Your use of the Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Services, the Privacy Policy provisions and any future amendment and additions to this Agreement as we may publish from time to time. The Privacy Policy is incorporated by reference into the Agreement and together form and are hereinafter referred to as this “Agreement”.

I. JUNTONS’ PLATFORM

Jutons engages in the business of establishing a platform to connect and match the customers’ (“Customer”) needs to local services providers (“Service Providers”) to provide various forms of services to the customers, i.e. house cleaning, food delivery, and moving, etc. (“Services”). Customers are individuals and/or businesses seeking to obtain Services from Service Providers, and Service Providers are individual and/or businesses seeking to perform Services for Customers. Service Providers are independent contractors and not employees of the Company, Customers hereby acknowledge that Company does not direct, control or monitor the quality, timing, legality, failure to provide, or other aspect whatsoever of the work performed by the Service Provider. Company makes no representation about the suitability, reliability, timeliness, or accuracy of the work performed by the Service Provider and the Company is not responsible for the work performed in any manner.

When interacting with the Service Providers, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHEHTER ONLINE OR OFFLINE, OF ANY USE OF THE COMPANY’S PLATFORM AND YOU HEREBY RELEASE COMPANY FROM ANY LIABILITY RELATED THERETO. COMPANY WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH CUSTOMERS’ USE OF THE SERVICES.

II. CUSTOMERS’ REPRESENTATIONS AND WARRANTIES

Customers represent and warrant that:

  1. you are 18 years of age or older and are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; you have the right, authority and capacity to enter into this Agreement and abide by the terms and conditions of this Agreement, and that you will so abide. 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;
  2. You represent and warrant that you have and fully understand and are required to agree to and accept be bound by these Terms of Services and the Privacy Policy in order to access and use the Services of Jutons. You hereby warrant and represent that you will respect the privacy, property and data protection rights of the Services Provider and other Customers you interact with and you will not record (whether video or audio or otherwise) any interaction by and with any Service Providers, Customers and/or the Company without his/her/their/its prior written consent; and
  3. You further represent and warrant that you will fulfill the commitments you make to Service Providers, other Customers and the Company including making payment through the Company, communicating clearly and promptly with the Company and the Service Provider, being present and/or available at the time you agreed upon with your Service Provider or with the Company.

III. BILLING AND PAYMENT; CANCELLATION

  1. For receiving the services performed by the Service Providers, the Customers agree to pay the prices at the rate as listed on the Company’s website or provided by the Company upon Customer’s request by sending quote inquiry to hello@jutons.com or call at 617-750-4653. (“Service Fees”). Customers will be required to provide credit card information when places the order.
    Under the circumstances that (i) the Service Provider fails to provide the Services as agreed upon between the Customer and Service Provider, and such failure is through no fault on the Customer, and/or (ii) the Customers cancel the orders within two (2) hours after the order has been placed, then the Customer will not be charged for the Service Fees, with the exception sets forth in this Section III (2)(B).
  2. A. Notwithstanding to the contrary, if the Service Provider fails to provide the Services because (i) the Customer fails to present at the time and location agreed upon with the Services Provider, fails to give access to the Service Provider to work on the worksite or substantially delays the appearance at the designated time and location; and/or (ii) the Customer cancels the order less than twenty-four (24) hours before the scheduled time for the Services Provider to perform the Services, then the Customer will be charged for the full amount of the Service Fees without any deduction or make up time. For purpose of this provision, the definition of “substantially late” shall be determined by the Services Provider.
    B. If the Customer cancels the order twenty-four (24) hours or more prior to the scheduled time for the Service Providers to perform the Services, then the Customer will be charge fifty per cent (50%) of the Service Fees.
  3. Customers may be required to provide their credit card and/or bank account details to the Company and the Customers will be responsible for paying the invoice for each service order placed, and the deposit, if applicable. Alternatively, Customers agree to pay for and authorize the Company to charge the payment method for the Services Fee automatically in accordance with the term and conditions of this Section 3.

IV. ELECTRONIC COMMUNICATIONS

The Company’s Platform may contain profiles, email address information, message board, reviews, ratings, chat areas and/or other message of communication facilities (“Public Areas”) that allow the Customers to communicate with each other, the Service Providers or with the Company. Customer may only use such public areas to send and receive message and material that are relevant and property to the applicable forum. For the safety concern, Customers may not share your personal contact information with other Customers, Service Providers or the Company’s staff.

Without limitation, while using the Company’s Platform, Customers may not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limit to, rights of privacy and publicity) of others, including Company staff, other Customers, Service Providers; or use information learned from use the Company’s Platform to otherwise defame, abuse, harass, stalk, threaten, intimidate or mislead, or otherwise violate the legal rights of any other Customers, Service Providers, of the Company staff.
  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information on the Company’s Platform.
  • Use the Company’s Platform for any purpose, including but not limited to any conduct that in violation of local, state, national or international law;
  • Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
  • Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
  • Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
  • Advertise or offer to sell any goods or services for any commercial purpose which are not relevant to the Services offered by or through the Company;
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  • Restrict or inhibit any other Customers from using and enjoying the Public Areas.
  • Imply or state that any statements you make are endorsed by Company, without the prior written consent of Company.
  • Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s Platform in any manner.
  • Hack or interfere with the Company’s Platform, its servers or any connected networks.
  • Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Company.
  • Upload content to the Company’s 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 under the age of 18 in an abusive, violent or sexual manner.
  • Use the Company’s 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 Company’s Platform as set forth herein.
  • Use the Company’s Platform to collect usernames and or/email addresses of the other Customers, Services Providers or the Company’s staff by electronic or other means.
  • Use the Company’s Platform in violation of this Agreement.
  • Use the Company’s Platform in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Company’s trade secret information for public disclosure or other purposes.
  • Attempt to circumvent the payments system or service fees in anyway including, but not limited to, processing payments outside of the Company Platform, including 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 identities.
  • Cause any third party to engage in the restricted activities above.

V. ACCOUNT, PASSWORD, AND SECURITY

In order to use the Services provided through the Services Providers from the Company’s Platform, Customer must register and create an account on the Company’s Platform (the “Account”). Customer is responsible for maintaining the confidentiality of any log-in and password details provided by you or given to you by the Company for accessing the Company’s Platform. You are solely and fully responsible for all activities that occur under your password or Account, even if not authorized by you. The Company has no control over the use of any Customer’s Account and expressly disclaim 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 in respect of your Account, you must immediately contact the Company.

VI. TERMINATION AND SUSPENSION

The Company may terminate or suspect your right to use the Company’s Platform at any time, if, in its opinion, you have failed to comply with any provisions of this Agreement, if any details you have provided to the Company turn out to be false, or if the Company believes it is necessary to do so in order to protect the other Customers, Service Providers and/or for security purpose, by writing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. If the Company terminates or suspends your Account for any reason, you are prohibited from registering and creating a new Account with the Company, or borrow name or the name of any third party. In additional to terminating or suspending the Account, the Company reserves the right to take appropriate legal action against the Customers. Customers may terminate this Agreement at any time be ceasing all use of the Company’s Platform and cancel the Account. All provisions of the Agreement, which by its very 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.

VII. CUSTOMER’S INFORMATION

“Customer’s Information” is defined as any information and materials Customers provide to the Company’s Platform or to the others in connection with the registration of the Account with the Company and/or use of the Service. Customers are solely responsible for Customer’s Information, and the Company merely act merely as a passive conduit for matching the Customers’ requests and needs with the Services performed by the local Services Providers. The information and materials described in this section, as provided by each Customers, is collectively referred to herein as “Customer-Generated Content.” Customers hereby confirm to the Company that Customer’s Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party’s copyright, patent, trademark, trade secret or other intellectual property right or rights of publicity or privacy; (d) will not violate any law or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for the Company or result in any adverse change in the business, operation, affairs or condition of the Company or any of the Company’s properties or assets.

The Customers-Generated Content relates to the reviews of specific Service Providers. Such reviews are opinions of the Customers and not the opinion of the Company, have not been verified or approved by the Company. Customers agree that the Company is not liable for any Customers-Generated Content. Customer hereby grants the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Customer’s Information, in any media now known or not currently known in order to perform and improve upon the Service.

VIII. LINKS TO OTHER WEBSITES

Links (such as hyperlinks) to other third-party websites not operated by the Company or its partners does not constitute an endorsement or association by the Company of those websites, their content or its operators. Such links are provided as an information service, for reference and convenience only. The Company does not control any such websites, and is not responsible for any content contained on such website. It is your responsibility to independently evaluate the content and usefulness of the information obtained from other websites. The use of any website controlled, owned or operated by third parties is governed by the website terms of use or service and privacy policies for those websites, and not by this Agreement. You access such third-party websites at your own risk. Company expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with third-party links that may appear on the Company’s Platform. You may link your account with online accounts you may have with third-party service providers (each such account, a "Third-Party Account”), for example Facebook and Twitter by either: (i) providing your Third-Party Account login information; or (ii) allowing the Company 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 the Company and/or grant the Company access to your Third-Party Account (including, but not limited to, 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 the Company to pay any fees or making the Company subject to any usage limitations imposed by such third-party service providers. By granting the Company access to any Third-Party Accounts, you understand that (i) the Company may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through the Service via your account, including without limitation any friend lists, and (ii) the Company may submit and receive additional information to your Third-Party Account so long as you are notified of this when you link your account with the Third-Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be Customer-Generated Content for all purposes of this Agreement. 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 that you post to your Third-Party Accounts may be available on and through your Account. Please note that if a Third-Party Account becomes unavailable or Company’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available. You will have the ability to disable the connection between your Account and your Third-Party Accounts at any time, as set out below. 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. Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and the Company is not responsible for any SNS Content. At your request made via e-mail to hello@jutons.com, the Company will deactivate the connection between your Account and the Third-Party Account and delete any information stored on the Company’s servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account. Company retains these in order to be able to check that Customers who have been suspended or terminated.

IX. CONFIDENTIAL INFORMATION

You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of the Company and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify the Company in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to the Company upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of the Company’s trade secrets, confidential and proprietary information and all other information and data of the Company 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 the fee schedules including the Services Fees and the deposits, 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 or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

X. NON-SOLICITATION

Customer agrees not to, directly or indirectly, through officers, directors or agent of the Customers:

  1. Solicit, induce, encourage, or participate in soliciting, inducing or encouraging any Service Provider to terminate the Service Provider’s relationship with the Company;
  2. Hire, employed or engage in business with or attempt to hire, employ, or engage in business with any Service Provider hereby bypass the Platform and other services provided by the Company;
  3. Solicit, induce or attempt to induce any Customer or Potential Customer (as defined hereunder) whom the Company had direct or indirect contacted to terminate or in any manner harmful to the Company its relationship with the Company; or

The Customer agrees that for purpose of this Agreement, a “Customer or Potential Customer” is any person or entity who or which the Company (i) has contracted with, billed for, or use the Company’s Platform or any services provided by the Company; or (ii) was solicited by the Company in an effort to become the Customer of the Company.

XI. DISCLAIMER

We will use all reasonable endeavors to ensure that the Platform is available for use for as much of the time as possible, but we do not guarantee that it will be available all of the time and, in particular, it may be unavailable from time to time due to scheduled maintenance or upgrades or for reasons outside our control (such as failures of internet access). We do not give or enter into any condition, warranty or other term to the effect that the Service:

  • is or will be available all of the time;
  • is or will be free from defects; or
  • will comply with any particular standards.

Except as expressly set out in these terms, no implied conditions, warranties or other terms, including any implied term relating to satisfactory quality or fitness for purpose, will apply to the Platform or to any service provided by the Company. We shall not be liable to you for any loss of profits, goodwill or other intangible losses or for any indirect, special or consequential loss or damage, whether such loss or liability arises due to negligence, breach of contract, misrepresentation or for any other reason. The foregoing will not affect any statutory rights that you may have as a consumer through your use of the Platform. Nothing in this Agreement shall in anyway limit or exclude the Company’s liability for negligence, causing death or personal injury or for fraudulent misrepresentation or for anything, which may not be legally excluded or limited.

XII. NO LIABILITY

Company is not responsible for and shall have no liability in relation to any Services or other dealings that are facilitated by the Services Providers using our Platform to the Customers. If the Customers have a dispute with any Service Providers whilst using the Service, Customers agree to release the Company from all claims, demands and damages of every nature, known and unknown, arising from or in any way connected with such disputes.

XIII. INDEMNIFICATION

Customers hereby agree to indemnify the Company, its directors, officers, employees, agents, subsidiaries, affiliates, and its partners in promotions, sweepstakes, or contests from and against any and all claims, losses, liabilities, judgments and reasonable costs, including legal fees and costs, incurred in connection with (i) Customer’s use or inability to use the Platform, or (ii) any content submitted by the Customer or using the Account, 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.

XIV. MISCELLANEOUS

  1. Integrated Agreement. This Agreement sets forth the entire and final agreement between the parties and supersedes and replaces any other agreements, understandings, and representations, whether written or oral, previously entered into or contemplated by or between the parties.
  2. Amendments. The parties may, by mutual consent, amend this Agreement so long as any such amendment is in writing and both parties sign it.
  3. Disputes. This Agreement shall be interpreted and construed in according to and with the laws of the Commonwealth of Massachusetts, the United States of America. Any action brought under this Agreement shall be brought in the Commonwealth of Massachusetts. All parties hereto waive any and all objections to jurisdiction and venue with respect to the Commonwealth of Massachusetts as the sole jurisdiction for bringing any claims under this Agreement.
  4. Assignment. Neither party may assign this agreement or any interest herein without the express written consent of the other.
  5. Severability. If any provision or part of any provision in this Agreement is void for any reason, it shall be severed without affecting the validity of the balance of the Agreement.
  6. Waiver. Failure to timely assert any right or remedy under this Agreement shall not constitute a waiver of that right or any other right under this Agreement, unless otherwise expressly provided for in this Agreement that such failure to act constitutes an express waiver.
  7. Negotiations. All parties acknowledge that this was arms-length transaction and both parties negotiated and had equal input into the construction and drafting of the terms set forth herein. Furthermore, both parties acknowledge that they were represented by counsel or were afforded ample opportunity to retain and consult with counsel. The parties further acknowledge that they have read each of the terms herein and fully understand and agree with each of the terms and conditions set forth herein.