On use of Tasku Platform by Taskers and Performance of Tasks
TASKU.APP TERMS AND CONDITIONS
APPLICABLE FROM OCTOBER 18, 2022
Client means any User of the Tasku Platform that has placed a request to receive additional assistance services for various tasks and enters into an agreement with the Company.
Company means a limited liability company Traxlo, UAB, registered under the laws of Lithuania, legal entity code 305546038, having registered address at Saulėtekio al.15-1, Vilnius, Lithuania, e-mail address email@example.com.
Confidential Information means know-how, trade secrets and other information of the Company and/or of the Clients which is not available to the general public, including, without limitation, all proprietary technical, industrial and commercial information, customers’ and suppliers’ data, personal data, and techniques in whatever form held, as well as any information regarding: (i) any business activities; (ii) information received or became known while performing the Tasks; (iii) the contents of the General Terms.
General Terms means these terms and conditions applicable to the relationship between the Company and the Tasker in relation to the use of the Tasku Platform by the Tasker and performance of Tasks.
Reward means the service fee for each successfully finished Task to be paid to the Tasker. The amount of the Reward is calculated in accordance with Section 6.1 below.
Task means additional assistance services requested by the Client and provided by the Tasker as an independent subcontractor of the Company.
Task Agreement means the agreement between the Company and the Tasker for the completion of the particular Task concluded through the Tasku Platform.
Task Time Frame means the time slot during which the Task must be completed.
Tasku Platform means the platform operated by the Company that (i) enables the Clients to request for additional assistance services for various Tasks; (ii) enables the Tasker as an independent subcontractor to offer additional assistance services to the Company.
Tasku Application means the application that is used to access the Tasku Platform.
Tasker means any individual entrepreneur (natural person) or legal entity and where relevant, its employees and/or contractors, who has been registered in the Tasku Platform as an independent provider of the additional assistance services (Tasks).
User means any business that has registered a user account on the Tasku Platform and uses the services of the Tasku Platform through that user account.
2. LEGAL FRAMEWORK
2.1.The Tasku Platform enables the Clients to request Tasks from the Company and the Taskers to complete these Tasks, by acting as independent subcontractors of the Company.
2.2. For the completion of the particular Task the Tasker enters into a Task Agreement with the Company. The Task Agreement is deemed to be concluded from the moment that the Tasker has reserved the Task through the Tasku Platform.
2.3. The Tasker provides the additional assistance services (performs Tasks) as an individual entrepreneur (when the Tasker is a natural person) and as an independent subcontractor of the Company. The Tasker is not in an employment relationship neither with the Company, nor with the Client and, therefore employment laws and regulations do not apply to the relations between the Company and the Tasker.
3. PROVISION OF SERVICES IN TASKU PLATFORM BY TASKER
3.1. After receiving the account confirmation, the Tasker may commence using the Tasku Platform on the Tasker’s smartphone or tablet. The Company does not provide the devices or sufficient internet connection for using the Tasku Platform. The Company is not liable for the effective functioning of the Tasku Platform in any device.
3.2. The Tasker warrants that during the course of performing the Tasks, he/she/it will comply with the Task Agreements, all relevant laws and regulations and with all requirements set out in these General Terms, including Schedule 1 (Requirements for providing the additional assistance services).
3.3. The detailed instructions and guidelines for using the Tasku Platform are set out in the Tasku Application. The Tasker may not use the Tasku Platform for purposes or in a manner that is not in line with the said instructions and guidelines, the General Terms and may not otherwise cheat or abuse the system.
3.4. During the performance of the Task the Tasker is restricted to use any clothing, accessories or equipment which displays or includes any logos or branding of a business directly or indirectly competing with the Company or the Client, or which may be found offensive or obscene by the Company and/or by the Client.
3.5. The Tasker may choose the time and duration of providing the Task on the Tasku Platform at his/her/its own discretion. Notwithstanding the above, the Tasker must always follow the Task Time Frame and shall complete any started Task until the deadline indicated in the Task description.
3.6. The Tasker will ensure and be responsible that he/she/itself and where relevant, its employees and/or contractors, comply with the requirements for providing the Tasks, as set out in the Task description, these General Terms, including Schedule 1. All Rewards earned for the Tasks made by the Tasker’s employees and/or contractors will be credited into the bank account of the Tasker, who will distribute the amounts as agreed with its employees and/or contractors.
3.7. The Client may leave feedback and make complaints regarding the Tasks through the Tasku Platform. The Company may tend to the complaints at its own discretion, investigate the complaint (where necessary) and decide on the further course of action in resolving the complaints. In case of a complaint, the Company has the right to temporarily or permanently suspend the Tasker from using the Tasku Platform.
3.8. The Company is entitled to change, modify or discontinue either temporarily or permanently the Tasku Platform and/or the Tasku Application at any given time.
3.9. The Company retains the right to accept or reject any Tasker application to the Tasku Platform at the sole discretion of the Company.
4. RESERVATION OF THE TASK
4.1. The Tasker has to reserve the Task that the Tasker wishes to complete. Maximum amount of Tasks that can be reserved is indicated in the Tasku Application.
4.2. The Task can be reserved until the term indicated in the Tasku Application.
4.3. The Task reservation can be cancelled before reservation cancellation deadline indicated in the Tasku Application. After the said deadline the Task reservation may be cancelled only with a consent of the Company, which may or may not be given at the sole discretion of the Company.
4.4. The Company shall not be held liable for and does not guarantee that there will be Tasks available at any given moment, that the Tasker will be able to complete specific number of Tasks and that the Tasks will not be cancelled (including the Tasks already reserved by the Tasker).
5. PERFORMANCE AND COMPLETION OF THE TASKS
5.1. The Tasker should follow the goal and objective guidelines provided in the Task description for the specific Task.
5.2. The estimated time for completion of the Task indicated in the Task description does not guarantee that the specific Task will be completed in that time period and serves as a reference point only.
5.3. The Tasker may not open the packaging of the Client’s goods or modify, damage or destroy the Client’s goods or other property in any way.
6.1. For each completed Task the Tasker will receive the Reward, which is calculated at the discretion of the Company taking into account the Task Time Frame, complexity of the Task, the pool of Taskers currently available on the Tasku Platform, the number of Tasks available on the Tasku Platform and other factors.
6.2. Tasker is responsible for complying with all the applicable laws and tax payment. All tax-related duties (including declaration of income and payment of all taxes, fees and duties from the Rewards received) are the Tasker’s sole responsibility.
6.3. The Company has the right at any time and at its sole discretion to establish fees applicable to the Tasker by updating these General Terms and notifying the Tasker through the Tasku Application or other communication channels.
6.4. By reserving the Task, the Tasker agrees to the Reward that is visible on the Tasku Platform. The Reward includes all taxes and fees.
6.5. The Company reserves the right to deduct any amounts of damages caused by the Tasker from the Tasker’s Rewards.
7.1. The Reward payments to the Tasker will be made after the end of each reference period. The reference period shall be one week. The payments are made into the account indicated by the Tasker to the Company.
7.2. The Tasker has a right to submit reasoned claims regarding the Reward in two working days after receiving the payment for the Tasks performed during a particular reference period. Such claims should be provided to the Company by email. If the Tasker does not submit reasoned claim regarding the Reward in two working days after receiving the payment or the Company finds the claim unreasoned, it is considered that the Reward is final, right and correct.
8. SUSPENSION OF USE AND TERMINATION
8.1. If the Tasker breaches any of the obligations set out in these General Terms or the Task Agreement, the Company has the right to suspend the Tasker from using the Tasku Platform with immediate effect for the term established at the Company’s sole discretion.
8.2. The Tasker has the right to terminate all the contractual relations with the Company without a cause by giving a notice at least 7 days in advance. The Company has the right to terminate all contractual relations with the Tasker without a cause by giving a notice at least 7 days in advance.
8.3. The Company has the right to terminate all the contractual relations with the Tasker without a notice period and with immediate effect, if the Tasker performs a material breach of the requirements set out in these General Terms or any Task Agreement or repeatedly breaches any obligations applicable to the Tasker. In addition, the Company has the right to terminate all the contractual relations without a notice period and with immediate effect, if an imperative reason arises from applicable law to terminate the contractual relations with the Tasker.
8.4. The termination will not affect:
8.4.1. Any accrued rights of the Tasker and the Company, including any right to receive any payments due but unpaid before the termination;
8.4.2. Obligations, which are expressed to survive the termination.
8.5. Tasku Platform uses a 3 strike system to ensure quality of the additional assistance services. The Tasker that has received 3 strikes may be suspended from using the Tasku Platform indefinitely or for a term established at the discretion of the Company. Also, 3 strikes are considered as a material breach of the Tasker’s obligations and the Company may terminated all contractual relations with the Tasker according to Section 8.3.
8.6. The Tasker may receive a strike penalty at the sole discretion of the Company for one or more of the following actions:
8.6.1. Not starting the reserved Task or not finishing the Task within the limits of the Task Time Frame;
8.6.2. Not fully or improperly completing the Task;
8.6.3. Behaving impolitely, disrespectfully and/or aggressively towards any person, including the Client’s personnel or customers;
8.6.4. Causing any damage to the Client and/or to the Company.
9. LICENCING, INTELLECTUAL PROPERTY RIGHTS AND DATA PROCESSING
9.1. Tasku grants a revocable, non-exclusive, non-transferable, non-sublicensable license to the Tasker for using the Tasku Platform for the purpose of performing Tasks.
9.2. All intellectual property rights regarding the software, documentation or information used or developed by or on behalf of the Company during the provision of the additional assistance services (including, but not limited to the Tasku Platform and Confidential Information), as well as all data and statistics belong to the Company. The Tasker shall not copy, modify, adapt, reverse-engineer, distribute, decompile or otherwise discover the source code of the Tasku Platform or any other software used by the Company.
9.3. The Tasker will not use the Tasku Platform for unauthorised or unlawful purposes or impair or seek to impair the proper operation of the Tasku Platform.
10.1. During the term of the contractual relations between the Tasker and the Company and for a period of 6 years following the expiry or termination of the contractual relations, the Tasker shall maintain the confidentiality of all Confidential Information and shall comply with all the obligations set forth in this Section 10.
10.2. The Tasker shall treat all and any Confidential Information in the strictest confidence and shall not disclose such Confidential Information to any other person or entity, except as authorized in writing by the Company, and except as required in connection with the Tasker’s obligations towards the Company, or as required by a governmental authority. The Tasker is obligated to exercise the utmost caution in dealing with Confidential Information. If the Tasker is in any doubt regarding the extent of the obligations under this Section 10, the Tasker shall always consult the Company.
10.3. This Section 10 shall not apply to Confidential Information, which has entered, or hereafter enters the public domain without a breach of these General Terms.
11. ANTI-MONEY LAUNDERING RULES
11.1. The Tasker has to be in compliance with the requirements of any applicable anti money laundering laws and regulations and may not use the Tasku Platform for money laundering purposes. The Tasker warrants that he/she/it is not subject to any international sanctions, anti-terrorism or similar laws, decrees, ordinances, orders, demands, requests, rules or requirements.
11.2. The Company has the right to conduct reviews of the Tasker’s compliance with anti money laundering rules and/or suspend the Tasker from using the Tasku Platform without prior notice, for the purpose of detecting fraud or any other violation thereof.
11.3. The Tasker has to notify the Company immediately of any circumstances that may refer to a violation of this Section 11.
12.1. The Tasker shall conform and where relevant, shall ensure that its employees and/or contractors conform to the requirements of the General Terms and agree to act in accordance with the conditions and obligations thereof and any further agreements with the Company, including terms and conditions of the Task Agreements. The Tasker and its employees and/or contractors shall remain jointly and severally liable for any infringement deriving from the conduct and/or inaction of such employee and/or contractor.
12.2. The Company’s liability towards the Tasker shall at all times be limited to direct and proven loss only and the Company shall not be obliged to compensate any indirect or consequential loss, including loss of profit. The Company may be held liable only in case of intentional or grossly negligent breaches of these General Terms by the Company and only when there is a direct causality between the breach and direct losses actually incurred by the Tasker.
12.3. The Tasker shall be held liable for, compensate, indemnify, defend and hold the Company harmless from and against any and all claims (including claims from the Clients), suits, actions, administrative or criminal proceedings, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses in case of non-performance and/or improper performance of these General Terms and/or Task Agreements by the Tasker and/or in case of actions or inactions of the Tasker that caused any negative consequences (including damages, loss of profit) to the Company, its employees, other Taskers, Clients and any other third parties, including any damage to the Client’s or other third party’s goods and/or other property and/or personnel and/or customers.
13.1. Where versions of the General Terms exist in any other language, the English version shall prevail.
13.2. The Company reserves the right to amend the General Terms anytime, by notifying the Tasker at least 15 days in advance either through the Tasku Platform or the e-mail address provided by the Tasker to the Company.
13.3. The Tasker may not assign any of the rights or obligation under these General Terms and Task Agreements to any third parties either in whole or in part without the prior written approval of the Company, which may be provided/not provided under the sole discretion of the Company. The Company is free to assign any of the rights and/or obligation under these General Terms and/or Task Agreements to any third parties either in whole or in part without the approval of the Tasker to any third party.
13.4. The Company has the right to transfer any information about the Tasker to state institutions, including tax authorities if they require such information.
13.5. These General Terms and any rights or claims arising out of or in connection with them and/or the Task Agreement shall be governed by the substantive law of the Republic of Lithuania. If the respective dispute resulting from these General Terms and/or the Task Agreement could not be settled by negotiations, then the dispute will be finally solved in a District Court of Vilnius City or Vilnius Regional Court (depending on the nature and value of the dispute) in Vilnius, Lithuania.
SCHEDULE 1 – REQUIREMENTS FOR PROVIDING THE ADDITIONAL ASSISTANCE SERVICES
This Schedule is an integral part of the General Terms. All capitalized terms have the same meaning as given to them in the General Terms.
1. REQUIREMENTS FOR THE TASKER
1.1. The Tasker shall be at least 18 years of age.
1.2. The Tasker shall not perform any Tasks while he/she is carrying an illness which is likely to spread and that he/she is aware of. The Tasker is and will at all times during the performance of the Task be medically fit to operate the means of delivery of its choosing. The Company has the right to request the submission of a health certificate from the Tasker at any time. If the Tasker gives reason to assume that performing the Task would not be safe or if the Tasker refuses to provide the health certificate, the Company has the right to suspend the Tasker’s access to the Tasku Platform.
1.3. The Tasker may not perform any Tasks while under the influence of alcohol, drugs or consciousness altering medications.
1.4. The Tasker shall attend and where relevant, shall ensure that its employees and/or contractors shall attend, training(s), pass appropriate exam(s) and maintain all licenses, permits, registrations and approvals required for the lawful provision of additional assistance services pursuant to the General Terms and Task Agreements under the applicable law.
1.5. The Tasker needs to have a sufficient knowledge of a language that is required for particular Task.
2. REQUIREMENTS FOR THE PERFORMANCE OF TASKS
2.1. If under the applicable law, the Tasker needs to be registered as service provider, entrepreneur or as a similar entity for taxation or other purposes, the Tasker has to comply with relevant requirements for the entire period of providing the additional assistance services through the Tasku Platform.
2.2. When the Tasker joins the Tasku Platform, he/she shall participate in a training on the proper performance of the Tasks. The training can be completed online or physically at the discretion of the Company.
2.3. The Tasker will not perform the Task recklessly, including permitting an unauthorised third party to accompany the Tasker while performing the Task. The Tasker shall perform the Tasks himself/herself/itself and cannot invoke any other persons for the performance Tasks without the prior written confirmation of the Company.
2.4. The Tasker shall ensure to complete the Task until the established deadline and shall provide the additional assistance services as efficiently and effectively as possible.
2.5. The Tasker shall take good care of any items provided by the Client that are required for the completion of the Task.
2.6. In case of any violation (including violations of applicable laws, regulations, General Terms, Task Agreement and/or Client’s or Company’s instructions) while performing the Task, the Tasker shall be fully responsible for the consequences.
End of the document.