Last Updated: August 6, 2017
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.
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.
Customers represent and warrant that:
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:
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.
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.
“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.
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.
Customer agrees not to, directly or indirectly, through officers, directors or agent of the Customers:
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.
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:
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.
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.
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.