Terms and Conditions
Last updated: December 10th, 2020.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SKUP.
Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and Skup. If you do not agree to these Terms, you may not access or use the Services. Skup may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable services.
Skup may amend the Terms related to the services from time to time. Amendments will be effective upon Skup’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Services. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. The Services
The services constitute a technology platform that enables users of Skup’s mobile applications or websites provided as part of the services (each, an “Application”) to arrange and schedule snow removal, summer services, fall services, and/or logistics services with independent third-party providers of such services, including independent third-party contractors, and independent third-party logistics providers under agreement with Skup or certain of Skup’s affiliates. Unless otherwise agreed by Skup in a separate written agreement with you, the services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT SKUP DOES NOT PROVIDE HOME-CARE SERVICES OR LOGISTICS SERVICES AND THAT ALL SUCH HOME-CARE OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS (“Skupers”) WHO ARE NOT EMPLOYED BY SKUP OR ANY OF ITS AFFILIATES.
Subject to your compliance with these Terms, Skup grants you a revocable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Skup and Skup’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Skup; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The Services and all rights therein are and shall remain Skup’s property or the property of Skup’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Skup’s company names, logos, product and service names, trademarks or services marks or those of Skup’s licensors.
User Accounts for Skup and Skuper
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 14 years of age. Account registration requires you to submit to Skup certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (a credit card or accepted payment partner) or banking direct deposit information to receive payment (if you choose to work as a Skuper). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Skup’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Skup in writing, you may only possess one Account.
User Requirements and Conduct
The Service is not available for use by persons under the age of 14. You may not authorize third parties to use your Account, and you may not allow persons under the age of 14 to become Skupers. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Skuper or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Skup at any time by sending an email to email@example.com You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Access to Data Network and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Skup does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Access to Data Network and Devices
You are responsible for obtaining the data network access necessary to use the application. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Skup does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Equipment and Attire
You are responsible for obtaining the equipment necessary to carry out the required services, including, but not limited to, a shovel, a snowplow, salt, car snow brush, lawnmower, rake, etc. You are responsible for carrying out all the services requested by the customer, and risk not receiving your payment if you do not carry out all the requested services and add-ons. You are responsible for wearing proper attire according to the weather; Skup shall not be liable for indirect, incidental, special, punitive, or consequential damages, including lost profits, lost data, and personal injury.
You are responsible for adding a method of direct deposit when making an account. An account cannot be made otherwise, or you will risk receiving payment for the completed job. You will be subjected to a rating system – thus, you are expected to carry out each job to the best of your ability. If you consistently receive low ratings, Skup holds the right to revoke your account, and you will not be permitted to accept requests as a Skuper any longer.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Skuper. After you have received services or goods obtained through your use of the Service, Skup will facilitate your payment of the applicable charges on behalf of the Skuper as such Skuper’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Skuper. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable unless otherwise determined by Skup. You retain the right to request lower Charges from a Skuper for services or goods received by you from such Skuper at the time you receive such services or goods. Skup will respond accordingly to any request from a Skuper to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by Skup using the preferred payment method designated in your Account, after which Skup will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Skup may, as the Skuper’s limited payment collection agent, use a secondary payment method in your Account, if available. You may elect to cancel your request for services or goods from a Skuper at any time prior to such Skuper’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Skuper for the services or goods provided. Except with respect to services requested through the Application, Skup does not designate any portion of your payment as a tip or gratuity to the Skuper. Any representation by Skup (on Skup’s website, in the Application, or in Skup’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Skup provides any additional amounts, beyond those described above, to the Skuper. You understand and agree that, while you are free to provide additional payment as a gratuity to any Skuper who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Skuper.
5. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SKUP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SKUP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SKUP DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF SKUPERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. SKUP AND THE SKUPER SHALL NOT BE HELD RESPONSIBLE FOR ANY ITEMS LEFT ON THE DRIVEWAY. SKUP AND THE SKUPER SHALL NOT BE RESPONSIBLE FOR ANY SLIP AND/OR FALL INCIDENTS – THE CLIENT BEARS FULL RESPONSIBILITY.
LIMITATION OF LIABILITY
SKUP SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF SKUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SKUP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY SKUPER, EVEN IF SKUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SKUP SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SKUP’S REASONABLE CONTROL.
You agree to hold Skup and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Skup’s use of your User Content; or (iv) your violation of the rights of any third party, including Skupers.