The Utaska Happiness Pledge Terms

Last updated: May 9, 2019

The Utaska Happiness Pledge (“Happiness Pledge” or “Pledge”) is a part of Utaska’s Terms of Service. (Capitalized terms not defined herein shall have the definitions set forth in Utaska’s Terms of Service). Nothing in the Utaska Happiness Pledge shall be construed to contradict or otherwise invalidate any part of Utaska’s Terms of Service or Privacy Policy, which remain in full force and effect.

THE UTASKA TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH ARE APPLICABLE TO THIS HAPPINESS PLEDGE AND AFFECT YOUR LEGAL RIGHTS. PLEASE READ THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS CAREFULLY. YOU ACKNOWLEDGE AND AGREE THAT BY USING THE UTASKA PLATFORM, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE (INCLUDING THE ARBITRATION PROVISION AND CLASS ACTION WAIVER), THE PRIVACY POLICY, AND THE TERMS OF THIS HAPPINESS PLEDGE (TOGETHER, THE “AGREEMENT”).

What is the “Utaska Happiness Pledge”?

Utaska is a marketplace platform that allows Users to connect with each other so they can be their most productive selves. Providers determine what categories they are qualified to task or service in, and scope the Task or Service directly with their Customer. Customers are advised to confirm with their Provider that she/he is qualified to perform the Task prior to the Task taking place. Utaska does not oversee, monitor, or direct how a Provider performs a Task, does not monitor Tasks or chat threads between Users, and does not otherwise oversee or assume responsibility for the actions of Users. Utaska is not liable for the acts or omissions of Users, nor does Utaska insure or provide insurance against any losses sustained by Users. That said, Utaska wants Users to be happy about their experience using the Utaska Platform, and the Happiness Pledge is in place to encourage continued use of the Utaska Platform.

If Users fail to resolve an issue between themselves, and subject to the terms, exclusions and limitations set forth in the Agreement (including this Utaska Happiness Pledge), Utaska may offer the following in its discretion on a case-by-case basis:

  1. Customers up to Two Thousand Five Hundred Ghana Cedis (₵2,500.00) per occurrence for Property Damage arising as a direct result of Negligence of a Provider during performance of a Task through the Utaska Platform;
  2. Providers up to One Thousand Five Hundred Ghana Cedis (₵1,500.00) per occurrence for Bodily Injury sustained by a User who did not cause the injury, as a direct result of Negligence by another User during the performance of a Task through the Utaska Platform;
  3. Customers up to One Thousand Five Hundred Ghana Cedis (₵1,500.00) per occurrence for Theft of a User’s property by a Provider during performance of a Task through the Utaska Platform.

 

Terms and Conditions: In order to be eligible for payment under the Utaska Happiness Pledge, Users must comply with the following terms and conditions:

  • The Task giving rise to the Happiness Pledge Claim (“the Claim”) did not require a licensed professional to perform (e.g., this could include plumbing, electrical, medical professionals, legal work, notaries public, licensed general contractors, exterminators, etc);
  • The Task giving rise to the Claim must not violate Utaska’s Terms of Service;
  • You must not have violated our Terms of Service;
  • The Task giving rise to the Claim must have been matched through the Utaska Platform, performed by the hired Provider, and paid for in full via the Utaska Platform;
  • You must submit a Utaska Resolution Request Form within fourteen (14) days of the performance of the Task giving rise to the Claim;
  • Before submitting a Utaska Resolution Request Form, you must first make a good faith attempt to resolve the issue directly with the User(s) involved;
  • You must not have submitted a separate Happiness Pledge Claim within ninety (90) days prior to the occurrence of the Task giving rise to the Claim; and
  • Your Utaska account is in good standing, with no outstanding or pending balances owed to Utaska or other Users.

What is excluded from the Utaska Happiness Pledge?

The Utaska Happiness Pledge does not cover losses or damages to property or bodily injury or loss arising from or in any way related to any of the following (the “Excluded Losses”):

  • Losses arising from operation of any motor vehicle, bicycle, aircraft or watercraft by a User;
  • Losses arising out of any intellectual property claim;
  • Losses arising out of interruption of business, loss of market, loss of income and/or loss of use, unemployment compensation, losses associated with the unauthorized access to Electronic Data, or any other indirect, consequential or special damages;
  • Losses for property damage exceeding the original value or replacement value (whichever is the lesser), less any standard depreciation;
  • Losses to Ineligible Property;
  • Customer losses arising from Negligence of a Customer or third party;
  • Provider losses arising from Negligence of a Provider or third party;
  • Losses arising from a manufacturer’s or a product’s defects, or from pre-existing damages or conditions of the item or property, normal wear and tear, or deterioration;
  • Losses arising from items (including but not limited to tools) supplied by the Customer or resulting from Customer’s recommendations or instructions (i.e. if a manufacturer recommends affixing furniture to a wall and a Customer declines to have furniture affixed, or Customer directs Provider to perform the Task in a manner that results in damages);
  • Losses that are a normal part of or natural result of the Task undertaken;
  • Losses arising from intentional acts, including but not limited to: (i) assault and battery, (ii) sexual abuse or molestation, (iii) identity theft or fraud;
  • Losses directly or indirectly arising out of flooding, water damage or relating to mildew, mold, fungi, spores, or other bacteria or microorganisms of any type, nature or description, including but not limited to any substance whose presence poses an actual or potential threat to human health;
  • Losses beyond the specific damaged area (i.e. if the Task caused a scratch in the floor, the Happiness Pledge will address repairs to the scratched area only);
  • Losses arising from products containing or causing hazardous or harmful materials, communicable diseases, acts of terrorism, pollution, or product liability;
  • Displacement costs, including hotel and other accommodations;
  • Losses arising out of acts of nature, including but not limited to: pollution, earthquakes, and weather-related events such as rain, wind, etc.;
  • Losses resulting from cancellation by a Provider, including increased costs associated with re-booking a new Provider or hiring a third party ;
  • Losses resulting from theft without a valid police report;
  • Losses reported more than 14 days after the Task took place; and
  • Losses with insufficient documentation.

Insurance

You understand and agree that the Utaska Happiness Pledge is not insurance, and that no User or third party is an insured or third party beneficiary under the terms of any Utaska insurance policy.

Utaska has the right to subrogate against any person or entity who may be responsible for causing the Losses giving rise to a Claim, including Users or any third party. By making a Claim under this Happiness Pledge you agree you will assist in and cooperate fully with any actions taken by Utaska or its agents to subrogate a Claim.

If you carry insurance that would cover you in the event of a Claim, including but not limited to renter’s insurance, homeowner’s insurance, medical insurance, or an umbrella policy (“Personal Insurance”), you must seek compensation for Losses from your Personal Insurance, prior to seeking compensation by way of the Happiness Pledge. The Happiness Pledge will only compensate for Losses to the extent not otherwise covered by your Personal Insurance. Utaska has the right to provide a User’s contact information to an insurance company or to another User in order to facilitate a resolution of a Claim.

How do I submit a Happiness Pledge Claim?

To submit a claim, please complete the Utaska Resolutions Request Form within fourteen (14) days of the performance of the Task giving rise to the Claim. Payment requests are subject to the terms and conditions noted herein. All Happiness Pledge Claims will be reviewed on a case-by-case basis.

During our Claims assessment process, you agree to (i) protect and preserve any damaged property that is the basis of a Claim from further damage; (ii) assist or allow Utaska or its agents access to make copies, photographs and recordings of anything relating to the Claim; (iii) allow Utaska or its insurers access to inspect anything relating to the Claim (iv) accept repairs by a Provider first; (v) accept a replacement only if repairs are proven not to be an option; (vi) submit requested materials by the dates outlined by the Utaska Support or Resolutions Teams; and (vii) accept a replacement item subject to the standard depreciation of that item.

If any part of your Happiness Pledge Claim is approved, then as a condition to any payment to you under the Utaska Happiness Pledge, you will be required to execute and deliver to Utaska the “Utaska Resolutions Agreement”, which includes your agreement:

  • to assign to Utaska or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved Claim from any person or entity that is financially responsible for the approved Claim;
  • to reasonably cooperate with us, including, at our request, appearing as a witness in any litigation, arbitration, or like proceeding, if we seek to recover from any person or entity the amount paid to you with respect to an approved Claim;
  • To comply with all deadlines communicated by the Utaska Support or Resolutions Teams in connection with a Claim;
  • to release and hold harmless Utaska and its parents, affiliates, licensors, or any of such parties’ directors, officers, shareholders, agents, investors, subsidiaries, attorneys, representatives, insurers, employees, independent contractors, successors and assigns, from any further liability or obligations with respect to the facts and circumstances of the matters set forth in the Claim;
  • to treat as confidential, the resolution of your Claim and the contents of the Utaska Resolutions Agreement; and
  • to refund to Utaska any amounts that Utaska determines to have been erroneously paid to you with respect to an approved Claim.

Miscellaneous

This Utaska Happiness Pledge and the Utaska Terms of Service and Privacy Policy constitute the entire agreement between Utaska and Utaska Users, and replace any and all prior, oral or written understandings or agreements. No person, entity or agent, including any User or any Utaska employee, may alter the terms of this Happiness Pledge. Users may not assign or transfer the terms of the Happiness Pledge, and no party shall be a third party beneficiary of these terms. The terms of this Happiness Pledge are not intended to and shall not be construed to give any person or entity other than a User of the Utaska platform any interest or rights (including, without limitation, any third party beneficiary rights) with respect to or in connection with any agreement or provision contained herein or contemplated hereby. The Utaska Happiness Pledge shall be governed by the laws of the State of Ghana without regard to its conflict of law provisions. Utaska reserves the right, in its sole and absolute discretion, to eliminate the Happiness Pledge altogether or change, modify or delete any of the terms of this Happiness Pledge at any time, effective with or without prior notice and without any liability to Utaska. Utaska will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Happiness Pledge are unacceptable to you, you must deactivate, and immediately stop using, the Utaska Platform. Your continued use of the Utaska Platform following any revision to this Happiness Pledge constitutes your complete and irrevocable acceptance of any and all such changes.

Defined Terms

“Bodily Injury” means physical injury, sickness or disease sustained by any person, including but not limited to death resulting from any of these.

“Happiness Pledge Claim” means a dispute resulting in Property Damage, Bodily Injury or Theft which is submitted via the Utaska Resolutions Request Form pursuant to the terms and conditions set forth herein.

“Ineligible Property” means cash or other currency, animals, fine art (paintings, photos, pictures, textiles, sculptures or other mediums of art, antiques, precious stones or metals and similar property of rare or historical value); electronic data (data or information stored electronically or in digital format including data, information, audio, video, files, databases, software, systems, applications, tapes, drives, cloud storage or data processing devices); damage to common areas; and/or items of sentimental value like heirlooms or photographs beyond the straight replacement value.

“Losses” means any Property Damage, Bodily Injury or Theft other than Excluded Losses.

“Negligence” means a finding by Utaska, in its sole discretion, that a User’s action or omission (a) breached a duty to other Users during the performance of a Task and (b) was the proximate cause of that User’s actual damages.

“Property Damage” means physical damage to, loss, or destruction of tangible property.

“Theft” means the intentional and fraudulent taking by one User of another User’s tangible personal property without permission or consent of the owner, with intent to convert it to another’s use.

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