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Paperound Terms of Service
Last updated: January, 2021.
These Terms of Service constitute a legally binding agreement between you and Paperound Ltd. (“Paperound”) governing your use of the Paperound Platform. “Paperound Platform.”
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE PAPEROUND PLATFORM.
PLEASE NOTE: SECTION 28, WHICH CONTAINS JURISDICTION-SPECIFIC PROVISIONS, SPECIFIES HOW USERS AND PAPEROUND RESOLVE DISPUTES. FOR U.S. USERS, SECTION 28 CONTAINS AN ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST PAPEROUND TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION. FOR OUR CANADIAN, UNITED KINGDOM, AND EUROPEAN USERS, PLEASE REFER TO YOUR JURISDICTION-SPECIFIC SECTION REGARDING DISPUTE RESOLUTION.
BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE PAPEROUND PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING, AS APPLICABLE FOR U.S AND CANADIAN USERS, THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT) AND YOU ACCEPT ALL OF ITS TERMS.
Your use of the Paperound Platform in a country other than the country in which you register constitutes your acceptance of and agreement to all of the terms and conditions in the Agreement for that country.
1. The Paperound Platform Connects Taskers and Customers
The Paperound Platform is a web-based communications platform which enables connections between Customers and Taskers. “Customers” are individuals and/or businesses seeking to obtain short-term services (“Tasks”) from Taskers and are therefore Customers of Taskers, and “Taskers” are businesses seeking to perform Tasks for Customers. Customers and Taskers together are hereinafter referred to as “Users.” If you agree on the terms of a Task with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.
TASKERS ARE INDEPENDENT BUSINESS OWNERS. TASKERS ARE INDEPENDENT CONTRACTORS OF CUSTOMERS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF PAPEROUND. PAPEROUND DOES NOT PERFORM TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, PAPEROUND OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CUSTOMERS WITH SERVICE PROVIDERS (TASKERS) WHO WISH TO PERFORM A VARIETY OF TASKS.
USERS HEREBY ACKNOWLEDGE THAT PAPEROUND DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A TASKER’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE TASKS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
Any reference on the Paperound Platform to a Tasker being licensed or credentialed in some manner, or "badged," “reliable,” “reliability rate,” “elite,” “great value,” "background checked," “vetted” (or similar language) designations indicates only that the Tasker has completed a relevant account process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Paperound of such Tasker’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Customers to evaluate when they make their own decisions about the identity and suitability of Taskers whom they contact or interact with via the Paperound Platform.
The Paperound Platform enables connections between Users for the fulfillment of Tasks. Paperound is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Tasks, Taskers, or Customers, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. Paperound makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Tasks requested or services provided by, or the communications of or between, Users identified through the Paperound Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
2. User Background Checks and User Representations and Warranties
User Background Checks
Users may be subject to a review process before they can register for and during their use of the Paperound Platform, which may include but is not limited to: interview process and identity verification, using third party services as appropriate (“Background Checks”). Although Paperound may perform Background Checks, Paperound cannot confirm that each User is who they claim to be, and Paperound cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Paperound will not be liable for any false or misleading statements made by Users of the Paperound Platform.
NEITHER PAPEROUND, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PAPEROUND PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE PAPEROUND AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PAPEROUND PLATFORM.
User Representations and Warranties
All Users represent and warrant that:
You 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 to abide by the terms and conditions of this Agreement, and that you will so abide;
You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Task or any interaction by or with any User and/or Paperound in connection with the Paperound Platform without the prior written consent of Paperound and/or the relevant User, as applicable;
· You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a Task must be provided using the Paperound platform’s messaging function. Taskers further confirm that whatever information they receive from the Customer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Paperound will not be protected by our Terms of Service.
· You will fulfill the commitments you make to other Users, communicate clearly and promptly through the chat thread or through other arranged communication such as video call, be present and/or available at the time you agree upon with your Tasker or Customer as the case may be, and only utilize the third party payment service provider specified or approved by Paperound to make or receive payment for services provided through the Paperound Platform (the “PSP”);
· You will act professionally and responsibly in your interactions with other Users;
· You will use your real name or business name and an up-to-date photo on your profile;
· When using or accessing the Paperound Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
· You will not use the Paperound Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
· 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.
· Other than as fully and promptly disclosed in writing to Paperound, you do not have any motivation, status, or interest that Paperound may reasonably wish to know about in connection with the Paperound Platform, including without limitation, if you are using or will or intend to use the Paperound Platform for any journalistic, academic, investigative, or unlawful purpose.
Taskers additionally represent and warrant that:
· When using the Paperound Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
· You are customarily engaged in an independently established business of the same nature as the services performed for Customers through the Paperound Platform, and maintain an independent customer base;
· You have the unrestricted right to work in the jurisdiction in which you will be performing Tasks;
· If the Task is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
· You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Tasks in your jurisdiction;
· You have any and all insurance required to operate your business and provide your services;
· You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Task(s) as agreed upon with your Customer; and providing timely, high-quality services to your Customers;
· You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.
3. Contract between Customers and Taskers
You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of a Task. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Paperound Platform, and any other contractual terms accepted by both the Tasker and their Customer to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand Paperound’s obligations or restrict Paperound’s rights under this Agreement. Paperound is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between Paperound and the Tasker, nor will it create an employment relationship between the Customer and the Tasker. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Paperound. Paperound’s role, beyond enabling connections between Customers and Taskers via it’s web-based communications platform, is to act as a limited payment collection agent for the Tasker to facilitate payment for Tasks on behalf of the Tasker through the Paperound Platform using the PSP. In acting as the limited payment collection agent for Tasks on the Paperound Platform, Paperound disclaims any other agency or authority to act on behalf of the Tasker, and assumes no liability or responsibility for any acts or omissions of the Tasker, either within or outside of the Paperound Platform.
If you are a Customer’s Agent and accessing and using the Paperound Platform on behalf of a Customer, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. The Customer assumes full and sole responsibility for the acts and omissions of Customer’s Agents.
The Customer shall pay their Tasker(s) in full for all Task services via the PSP as indicated on the Paperound Platform, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Task.
4. Billing and Payment
Users of the Paperound Platform contract for Tasks directly with other Users. Paperound will not be a party to any contracts for Tasks or services. Payment for Task services through the Paperound Platform is made directly from the Customer to the Tasker via the PSP, and not by Paperound. Paperound is not obligated to compensate Tasker for Customer’s failure to pay for services.
The Task Payment, service charge, and platform fee must be paid through the PSP. Users of the Paperound Platform will be required to provide their payment method details to Paperound and the PSP. Customers will be responsible for paying the invoice(s) for each Task (the “Invoice(s)”), which will include (i) the pricing terms of the Task provided by the Tasker and agreed upon by the parties (“Task Payment”), (iii) the service charge Paperound assesses to the Customer as payable for the use of the Paperound Platform, and (iv) the platform fee (sometimes referred to as Trust & Support Fee) Paperound assesses to the Customer, which is used to offset Paperound’s cost of providing Users with customer support, other various business objectives, or (vi) cancellation fees, if applicable. Customers may also be charged credit card processing fees equal to 3% of the aggregate expense amount if expenses related to a Task individually, or Tasks in the aggregate over a 30-day period, exceed $300 / 300£ / 300€, as applicable in your country. Taskers will be responsible for paying (i) registration fees, if applicable, (ii) cancellation fees, if applicable, and (iii) repayment of erroneous payments.
Taskers will be required to set up an account with the PSP, which may require any or all of the following: registration with the PSP, and completion of a vetting process and/or account validation at the request of the PSP. By accepting these Terms of Service, each Tasker agrees that they have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that Paperound is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Paperound has no obligations, responsibility or liability to any Tasker or other party under the PSP Services Agreement.
To help prevent fraud and safeguard User information from the risk of unauthorized access, Paperound and/or the PSP may validate an account before activation and prior to each booking. As part of the validation process, temporary charges may be placed on the account associated with the User and then refunded within 1-3 business days. Due to the difference in PSP and credit card issuer requirements, this temporary charge may vary depending on the estimated value of the Task and expenses.
When Customer receives confirmation through the Paperound Platform or via email that a Task has been completed, Customer’s manually authorize the PSP to process the Invoice(s).
Paperound reserves the right (but not the obligation) upon request from Customer or Tasker, or upon notice of any potential fraud, unauthorized charges or other misuse of the Paperound Platform, to (i) place on hold any Task Payment, or (ii) refund or provide credits, or arrange for the PSP to do so.
Users of the Paperound Platform will be liable for any taxes (including VAT, if applicable in the country where the Task is performed) required to be paid on the Tasks provided under the Agreement.
6. Public Areas; Acceptable Use
The Paperound Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, task postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Paperound Platform, you should not share your personal contact information with other Users.
Without limitation, the Paperound Platform may not be used for any of the following purposes:
· To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Paperound staff;
· To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
· To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Paperound;
· To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage Paperound or its Users’ computers;
· To advertise or offer to sell any goods or services for any commercial purpose through the Paperound Platform which are not relevant to the Task services;
· To conduct or forward surveys, contests, pyramid schemes, or chain letters;
· To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments;
While using the Paperound Platform, you may not:
- Use the Paperound Platform for any unauthorized or illegal purpose, including but not limited to posting or performing a Task in violation of local, state, provincial, national, or international law;
- Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Paperound Platform;
- Restrict or inhibit any other User from using and enjoying the Public Areas;
- Imply or state that any statements you make (whether on or off the Paperound Platform) are endorsed by Paperound, without the prior written consent of Paperound;
- Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Paperound Platform, or the electronic addresses or personal information of others, in any manner;
- Frame or utilize framing techniques to enclose the Paperound Platform or any portion thereof;
- Hack or interfere with the Paperound Platform, its servers or any connected networks;
- Adapt, alter, license, sublicense or translate the Paperound Platform for your own personal or commercial use;
- Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Paperound and Affiliates;
- Upload content to the Paperound 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 in an abusive, violent or sexual manner;
- Use the Paperound 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 Paperound Platform as set forth herein;
- Use the Paperound Platform to collect usernames, email addresses, or other personal information of Users by electronic or other means;
- Use the Paperound Platform or the Task services in violation of this Agreement;
- Use the Paperound Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining Paperound’s trade secret information for public disclosure or other purposes;
- Attempt to circumvent the payments system or service charge or platform fee in any way including, but not limited to, making or processing payments outside of the Paperound Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
- •egister under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
- Cause any third party to engage in the restricted activities above; or
- Use tools with the goal of masking your IP address (like the TOR network).
7. Deactivation and Suspension
Paperound may suspend your right to use the Paperound Platform pending its investigation of a potential breach by you of this Agreement. Paperound may deactivate your account or limit your use of the Paperound Platform upon its determination that you breached a provision of this Agreement (a “User Breach”). Paperound will provide you with written notice of its determination. If you wish to appeal this determination, please contact info@Paperound.com within 14 days of receipt of such notice with the grounds for your appeal.
If Paperound suspends or deactivates your account or limits your use of the Paperound Platform pursuant to this Section 8, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Even after your right to use the Paperound Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. Paperound reserves the right to take appropriate legal action pursuant to the Agreement.
Paperound reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Paperound Platform at its sole discretion. Paperound will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Paperound shall not be liable to you for any modification or discontinuance of all or any portion of the Paperound Platform. Paperound has the right to restrict anyone from completing registration as a Tasker if such person may threaten the safety and integrity of the Paperound Platform, or if such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the Paperound Platform and deactivating your account. All parts of this Agreement which by their 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 or your use of the Paperound Platform.
9. Account, Password, Security, and Telephone Communications
You must register with Paperound and create an account to use the Paperound Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Paperound for accessing the Paperound Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. Paperound has no control over the use of any User’s account and expressly disclaims 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, you agree to notify Paperound immediately.
You acknowledge that telephone or web-video calls with Paperound, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.
You verify that any contact information provided to Paperound, our agents and affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate.
10. User Generated Content
“User Generated Content” is defined as any information and materials you provide to Paperound, its corporate partners, or other Users in connection with your registration for and use of the Paperound Platform and participation in Paperound promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Paperound is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Paperound has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.
You hereby represent and warrant to Paperound that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Task is performed); (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libellous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with Paperound or otherwise purport to act as a representative or agent of Paperound; and (i) will not create liability for Paperound or cause Paperound to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.
The Paperound Platform hosts User Generated Content relating to reviews and ratings of specific Taskers (“Feedback”). Feedback is such User’s opinion and not the opinion of Paperound, and has not been verified or approved by Paperound. You agree that Paperound is not responsible or liable for any Feedback or other User Generated Content. Paperound encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Paperound is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such feedback. You may request removal of a review that violates this Agreement by contacting the Support team at email@example.com. Each Customer should undertake their own research to be satisfied that a specific Tasker has the right qualifications for a Task.
Paperound respects the personal and other rights of others, and expects Users to do the same. Paperound is entitled to identify a User to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.
If a User believes, in good faith, that any User Generated Content provided on or in connection with the Paperound Platform is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify Paperound. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify Paperound. Such notification can be made firstname.lastname@example.org
11. Links to Third-Party Websites
The Paperound Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Paperound or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Paperound Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Paperound does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Paperound is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Paperound has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Paperound Platform at its sole discretion.
The use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Paperound expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Paperound Platform. You hereby agree to hold Paperound harmless from any liability that may result from the use of links that may appear on the Paperound Platform.
As part of the functionality of the Paperound Platform, you may link your account with online accounts you may have with third party social networking service providers (such as LinkedIn or Google) (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Paperound Platform; or (ii) allowing Paperound 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 Paperound and/or grant Paperound access to your Third-Party Account (including, but not limited to, for use 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 Paperound to pay any fees or making Paperound subject to any usage limitations imposed by such third-party service providers. By granting Paperound access to any Third-Party Accounts, you understand that (i) Paperound may access, make available and store (if applicable) your public profile that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through the Paperound Platform via your Paperound account, including without limitation any friend lists, and (ii) Paperound may submit to and receive additional information from your Third-Party Account to the extent specified when you link your account with the Third-Party Account. Unless otherwise stated in these Terms of Service, all SNS Content shall constitute User Generated Content. 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 or personal data that you post to your Third-Party Accounts may be available on and through your account on the Paperound Platform. Please note that if a Third-Party Account or associated service becomes unavailable or Paperound’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Paperound Platform. You will have the ability to disable the connection between your account on the Paperound Platform and your Third-Party Accounts at any time, by revoking permissions in the account settings of your Third-Party Account. 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. Paperound makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Paperound is not responsible for any SNS Content.
12. Paperound Operates as an Online Marketplace
Paperound operates as an online marketplace that connects Customers with service providers (Taskers) who wish to perform a variety of Tasks. Paperound does not perform Tasks and does not employ people to perform Tasks. Taskers operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for Customers through the Paperound Platform. Paperound does not control or direct the Taskers’ performance of their services or set their work locations or work hours. Taskers provide services under their own name or business name, and not under Paperound’s name. Taskers provide their own tools and supplies to perform their services; Paperound does not provide the tools or supplies. Taskers are free to maintain a customer base without any restrictions from Paperound and are free to offer and provide their services elsewhere, including through competing platforms. Paperound does not set Taskers’ hours or terms of work. Taskers are free to accept or reject Customers and contracts. Taskers are not penalized for rejecting Customers or contracts, though if Taskers accept a Customer or contract through the Paperound Platform, they are expected to fulfill their contractual obligations. Taskers set their own rates for services performed in the Paperound general marketplace.
The Paperound Platform is not an employment agency service or business and Paperound is not an employer of any User. Taskers acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Tasks and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
13. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including Paperound designs, trademarks, and logos (collectively “Proprietary Material”) that Users see or read through the Paperound Platform is owned by Paperound, excluding User Generated Content, which Users hereby grant Paperound a license to use as set forth above in Article 10. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Paperound owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Paperound Platform without Paperound’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.
The service marks and trademarks of Paperound, including without limitation Paperound, Paperound for Good, and associated logos, are service marks owned by Paperound. Any other trademarks, service marks, logos and/or trade names appearing via the Paperound Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
15. Confidential Information
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Paperound and agree that you will not, for the lifetime of your account on Paperound plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the Paperound Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify Paperound in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to Paperound promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of Paperound’s trade secrets, confidential and proprietary information, and all other information and data of Paperound 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 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, strategic and other Proprietary Materials and confidential information relating to Paperound or Paperound’s business, operations or properties, including information about Paperound’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
17. Disclaimer of Warranties
Please note that for Users in France, Germany, and Spain, this Section 17 is subject to the jurisdiction-specific exemptions set forth in Section 28.
(a) Use Of The Paperound Platform Is Entirely At Your Own Risk
THE TECHNOLOGY OF THE PAPEROUND PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. PAPEROUND MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE PAPEROUND PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE PAPEROUND PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PAPEROUND PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
Paperound does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the Paperound Platform or any hyperlinked website or featured in any banner or other advertising, and Paperound will not be a party to or in any way be responsible for monitoring any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Paperound and Affiliates do not warrant that access to the Paperound Platform will be uninterrupted or that the Paperound Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Paperound Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Task, service, information or materials provided through or in connection with the use of the Paperound Platform. Paperound and Affiliates are not responsible for the conduct, whether online or offline, of any User. Paperound and Affiliates do not warrant that the Paperound Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Paperound and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.
Notwithstanding any feature a Customer may use to expedite Paperound selection, each Customer is responsible for determining the Task and selecting their Tasker and Paperound does not warrant any goods or services purchased by a Customer and does not recommend any particular Tasker. Paperound does not provide any warranties or guarantees regarding any Tasker’s ability, professional accreditation, registration or license.
(b) No Liability
You acknowledge and agree that Paperound is only willing to provide the Paperound Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Paperound and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Paperound Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Paperound and Affiliates, and any destruction of your User Generated Content.
UNDER NO CIRCUMSTANCES WILL PAPEROUND AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE PAPEROUND AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY PAPEROUND, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE PAPEROUND PLATFORM OR THE TASK SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH CASES THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
PAPEROUND AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS PAPEROUND PLATFORM. PAPEROUND AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE PAPEROUND PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT PAPEROUND AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO PAPEROUND (IF YOU ARE A CUSTOMER) OR TOTAL TASK PAYMENTS PAID TO YOU BY CUSTOMERS (IF YOU ARE A TASKER), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You hereby agree to indemnify, defend, and hold harmless Paperound and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the Paperound Platform; (ii) your participation in Tasks, or your ability or inability to perform or obtain the performance of Tasks or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in Section 2; (vi) any content submitted by you or using your account to the Paperound Platform, 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; and (vii) if you are a Customer, the acts or omissions of any Customer’s Agents. Paperound reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Paperound.
19. Dispute Resolution
To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the Paperound Platform, your relationship with Paperound, Tasks, or this Agreement (including previous versions), (“Dispute”), you and Paperound agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least 30 days before initiating any out of court settlement (such as mediation if you are a resident of France or Spain), or court proceeding (if you are a resident of the U.K., France, or Spain). For users in Germany, please refer to the Jurisdiction-specific provisions. Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to Paperound. Paperound’s address for such notice is Attention: Paperound, 24 Montreal Road, Brighton, BN2 9UY
PLEASE NOTE: FOR MORE INFORMATION ABOUT DISPUTE RESOLUTION TERMS, PLEASE REVIEW THE JURISDICTION-SPECIFIC SECTION APPLICABLE TO YOU BELOW.
20. No Agency; No Employment
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
21. General Provisions
Failure by Paperound to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Paperound with respect to its subject matter, and supersedes and governs any and all prior agreements or communications.
Taskers alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Tasks. Indeed, certain types of Tasks and services may be prohibited altogether, and it is the responsibility of Taskers to avoid such prohibited Tasks and services. Penalties may include fines or other law enforcement. If you have questions about how national/ state/ provincial/ territorial and local laws apply to your Tasks and services on the Paperound Platform, you should first seek appropriate legal guidance.
Because Paperound does not supervise, scope, direct, control, or monitor a Tasker’s work or performance of Tasks, Customers must determine for themselves whether a Tasker is qualified to perform the specific Task at hand. Customers may wish to consult their national/state/provincial/territorial or local requirements to determine whether certain Tasks are required to be performed by a licensed or otherwise registered professional. Customers may also wish to discuss with their Tasker any specific hazards, obstacles, or impediments in the Task location (both visible and concealed) that may impact the performance of the Task.
24. Changes to this Agreement and the Paperound Platform
25. No Rights of Third Parties
The provisions of this Agreement are for the sole benefit of the Parties and their successors and permitted assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights except as set forth in Section 20) or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that a Customer’s Agent may act in the name of and on behalf of his/her Customer.
26. Notices and Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.
If you have any questions about these Terms of Service or about the Paperound Platform, please contact us by email at email@example.com
27. Consent to Electronic Signatures
By using the Paperound Platform, you agree to transact electronically through the Paperound Platform. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
28. Jurisdiction-specific Provisions, including Dispute Resolution
C. Residents of the United Kingdom.
Telephone Communications and Agreement to be Contacted
By providing your mobile phone number and using the Paperound Platform, you hereby affirmatively consent to use of your mobile phone number for calls and recurring text messages, (including with an autodialer and/or prerecorded voice) by Paperound and Affiliates, or from independent contractors (including Taskers) in order to (a) perform and improve upon the Paperound Platform, (b) facilitate the carrying out of Tasks through the Paperound Platform, and (c) provide you with information and reminders regarding your registration, orientation, upcoming Tasks, product alterations, changes and updates, service outages or alterations. These calls and texts may include, among other things, reminders about uncompleted or upcoming Tasks and/or in follow up to any push notifications delivered through our mobile application. Paperound will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from Paperound by modifying your account settings on the Sites or Apps, or emailing firstname.lastname@example.org specifying you want to opt-out of texts. You may opt-out of receiving calls from Paperound by stating that you no longer wish to receive calls during any call with us, or by email@example.com and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.
Worker Classification and Withholdings
Paperound does not employ Taskers. Paperound is not responsible for and will not be liable for any tax payment or withholding, including but not limited to applicable VAT, National Insurance, employer’s liability, social security, PAYE or other payroll withholding tax in connection with a User’s use of the Paperound Platform. The Tasker assumes full and sole responsibility for all required and applicable income tax and National Insurance Contributions withholdings as to the Tasker and all persons engaged by the Tasker in the performance of the Task Services. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
Media and User Generated Content
To the extent permitted by law, you hereby grant Paperound a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects you provide to Paperound (collectively, “Media”) in exchange for use of the Paperound Platform, in any media now known or not currently known in order to market, operate, and improve upon the Paperound Platform, including but not limited to the right to the following:
- •Use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Media or User Generated Content;
- •Exhibit, distribute, display, transmit, and broadcast on any and all media (including, without limitation, the internet), any Media or User Generated Content (or portion thereof) or any videotape, film, recording, or photograph (or portion thereof) that such User provides to Paperound or that Paperound takes of User, and use, reproduce, modify, or creative derivatives of such User Generated Content or Media, including such User’s picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”) in any format and through any distribution channels;
- •Reproduce in any and all media any recordings of such User’s voice, and any related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Paperound Platform or any Paperound promotional campaigns;
- Use, and permit to be used, such User’s Media, Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Paperound Platform in any media, in any format and through any distribution channels; and
- Use, and permit to be used, such User’s name and identity in connection with the Paperound Platform or any Paperound promotional campaigns.
Each User acknowledges that Paperound shall not owe any financial or other remuneration for using the Media, Physical Likeness, or Voice provided hereunder by such User, either for initial or subsequent transmission or playback.
Each User hereby waives all rights and releases Paperound and Affiliates from, and shall hold harmless against any such parties for, any claim or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, Physical Likeness, Media, or Voice in connection with the Paperound Platform.
Paperound and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
You will promptly disclose to Paperound in writing if you have any potentially relevant unspent convictions or cautions (other than minor fixed penalty parking or speeding offenses), that arise during your use of the Paperound Platform.
Contract between Customers and Taskers
Customers, and not Paperound, supervise, scope, direct, control, or monitor a Tasker’s work and the Tasks performed, and may waive any such direction or instruction during the performance of the Task. Customer’s Agent may authorize any applicable waiver of the Customer’s scoping, direction, or instruction of the Tasker’s work or performance of the Task by signing in the Customer’s stead. Customer agrees that such direction and/or waiver is valid against Customer and Customer’s Agent, and Customer shall be responsible and liable for all such direction and/or waiver as if made by Customer him or herself.
Regardless of any other provision in this Agreement, nothing in these Terms of Service excludes or limits liability for: (i) death or personal injury caused by Paperound’s negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that, by law, may not be limited or excluded.
No Rights of Third Parties
The provisions of this Agreement are for the sole benefit of the Parties and their successors and permitted assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights). No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this Agreement, provided, however, that a Customer’s Agent may act in the name of and on behalf of his/her Customer.
Invoicing Obligations for Taskers
As a Tasker rendering services in the U.K., you may have the obligation under the Commercial Code and the Tax Code to issue invoices or receipts to your Customers. Any invoices or receipts have to comply with specific requirements. Paperound is not responsible for issuing these invoices or receipts on your behalf. By accepting these Terms of Service, you acknowledge that Paperound will not issue invoices or receipts on your behalf.
A Tasker rendering services in the U.K. may be required to issue invoices to its Customers. The Tasker shall be responsible at all times, and fully liable regarding, (i) its invoicing obligations, in particular as regards the content of the invoice and its mandatory details and (ii) the VAT consequences deriving from that. More generally, the Tasker shall be responsible for filing his/her VAT returns and paying VAT relating to the Tasks performed by the Tasker for the benefit of the Customer.
Paperound shall not be held responsible for any breach of the Tasker's tax obligations, it being specified that Paperound shall not be held jointly and severally liable for VAT, interest on overdue VAT, or for any penalties or fines that would be owed by the Tasker.
This Agreement and your use of the Paperound Platform shall be governed by English law, and any dispute regarding this Agreement or the use of the Paperound Platform will only be dealt with by the English courts. Nothing shall prevent Paperound from bringing proceedings to protect our intellectual property rights before any competent court.
29. Acknowledgement and Consent
Last Updated: January, 2021
2. General Terms
- Paperound, Ltd. may be referred to as "Paperound," “we,” “our,” or “us.”
- We call a user of the Paperound Platform “User,” “Users,” “you,” “your,” or “Customer” and “Tasker,” as appropriate.
- The community platform that we offer at our website (www.paperound.com is referred to as the “Site(s).”
- Paperound’s Sites, Apps and related services, information and communications are collectively referred to as the “Paperound Platform.”
3. Information Collection
A. Information you provide to Paperound
Paperound collects certain personally identifiable information about you, including information that is reasonably capable of being associated with you (“Information”). Examples of Information that Paperound collects include but are not limited to:
Contact Information. This may include your first and last name, postal address, telephone number, and email address.
Billing Data, including your payment instrument number (such as a credit or debit card number), expiration date, and security code as necessary to process your payments.
Identity Information. If you are a Tasker, we may collect Personal Information, such as your date of birth and address, university email acount if applicable. This may be done by our Third Party Agents (as defined below), as applicable and to the extent permitted by law in your jurisdiction, and to validate your identity.
Financial Information. To help Taskers set up a payment account and help Customers make payments to Taskers and pay fees to Paperound, we may collect financial information, including credit card number, bank routing numbers, tax information, taxpayer identification number, and other payment information, as applicable. We use Financial Information in order to operate the Paperound Platform and to ensure that Taskers are paid by Customers. We do this as necessary for our legitimate interests in providing our platform and services and to fulfill our contracts with Users. To keep your financial data secure, we have contracted with a third party (Stripe) to maintain and process your payment card information.
Promotional Information. Certain offerings of the Paperound Platform, such as newsletters, surveys, contests, and the like are optional and so you are not required to enter them or to give us your data in connection with them. Where you do consent to take advantage of Paperound Platform offerings, we will use your data to (as applicable) send you newsletters and other communications that are tailored based on information we have about you, or to operate and manage the survey, contest or similar offering in connection with our legitimate interest in promoting our business and the Paperound Platform. To opt-out of receiving marketing communications from us, please see the Choice/Opt-Out section below.
Content Information. You also may choose to send Paperound Personal Information in an email or chat message containing inquiries about the Paperound Platform and we use this Information in order to help us respond to your inquiry. We also collect content within any messages you exchange with other Users through the Service (such as through our chat functionality), and we will never use or share such information for marketing purposes.
We require that you furnish your Contact Information and Financial Information when you register an account with us in order to provide services through the Paperound Platform. For example, if you are a Customer, we collect your first and last name, and email address, in order to create and administer your Paperound account. We also collect additional information in order to facilitate your booking request, such as information about the task you are seeking, the time, date and location of the task, and Financial Information. If you are a Tasker, we collect your first and last name, email address, mobile phone number and zip or postal code in order to create and administer your Paperound account and facilitate communications between you and your Customers through the Platform. We also collect information about your tasks, rates, and skills, as well as Identity Information and Financial Information.
Third Party Information. If you registered through a co-branded version of our Paperound Platform through one of our Partners (as defined below) may provide us with basic information such as your name, address, email, and purchase history related to your Task needs. We may receive additional information about you, such as demographic data, Financial Information, or fraud detection information, from Third Party Agents (as defined below) and combine it with other information that we have about you, to the extent permitted by law, in order to comply with our legal obligations and for the legitimate interest in improving the Paperound Platform. Paperound may work with Third Party Agents to perform identity checks, criminal background checks, and right to work checks on Taskers, if applicable and permitted by local law, in order to advance our legitimate interests in ensuring the safety of our Users and maintaining the integrity of the Paperound Platform.
4. Information Paperound Collects Automatically
We automatically collect certain information when you use the Service. The categories of information we automatically collect and have collected, including in the last 12 months, are as follows:
Service Use Data, including data about features you use, pages you visit, emails and advertisements you view, portions of the Paperound Platform that you view and interact with, the time of day you browse, and your referring and exiting pages.
Device Data, including data about the type of device or browser you use, your device’s operating system, your internet service provider, your device’s regional and language settings, and device identifiers such as IP address and Ad Id. When you visit and interact with the Paperound Platform, Paperound may collect certain information automatically through cookies or other technologies, including, but not limited to, the type of computer or mobile device you use, your mobile device’s unique device ID, the IP address of your computer or mobile device, your operating system, the type(s) of internet browser(s) you use, and information about the way you use the Paperound Platform (“Device Information”). We may use Device Information to monitor the geographic regions from which Users navigate the Paperound Platform, and for security and fraud prevention purposes. Use of any IP-masking technologies or similar technologies (like the TOR network) may render portions of the Paperound Platform unavailable and are forbidden on the Paperound Platform.
Location Data, including imprecise location data (such as location derived from an IP address or data that indicates a city or postal code level), and, with your consent, precise location data (such as latitude/longitude data). When you visit the Paperound Platform via a native mobile application, we use, with your consent when required under applicable law, GPS technology (or other similar technology) to determine your current location in order to determine the city you are located in and display a relevant location map. We will not share your current location obtained in this manner with other Users.
We also use various Tracking Technologies (“Tracking Technologies”) to automatically collect information when you use the Paperound Platform, including the following:
Cookies. When you visit websites our Sites, your browser may automatically transmit information to these websites throughout the visit. In a similar way, when you use our mobile applications, we will access and use mobile device IDs to recognize your device. We use “cookies” and equivalent technologies to collect information through our Site and Apps. Cookies are small data files stored on your device that act as a unique tag to identify your browser.
Persistent cookies help with personalizing your experience, remembering your preferences, and supporting security features. Additionally, persistent cookies allow us to bring you advertising both on and off the Platform. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings. We utilize persistent cookies that only Paperound can read and use, and access mobile device IDs to:
- save your login information for future logins to the Paperound Platform;
- assist in processing items during checkout;
- hold session information; and
- track user preferences.
Session cookies make it easier for you to navigate our website and expire when you close your browser. We utilize session ID cookies and similar technologies to:
- enable certain features of the Paperound Platform;
- better understand how you interact with the Sites and the Paperound Platform;
- monitor usage by our Users and web traffic routing on the Paperound Platform;
- track the number of entries in Paperound promotions, sweepstakes and contests; and
- identify visited areas of the Paperound Platform.
Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Paperound Platform and then close your browser.
Exhibit A sets out the different categories of cookies that the Paperound Platform uses and why we use them.
We may work with third party advertisers who may also place or read persistent cookies on your browser, and we may use Flash cookies (or local shared objects) to store your preferences or display content based upon what you view on the Sites to personalize your visit.
You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you will not be able to use all portions or all functionalities of the Paperound Platform.
To change your cookie settings for cookies on the Sites, please go to the settings of your web-browser provider.
Pixels. We and our Third Party Agents may also use "pixel tags," "web beacons," "clear GIFs," or similar means in connection with the Paperound Platform and HTML-formatted email messages to, among other things, track the actions of Users and email recipients, determine the success of marketing campaigns, and compile statistics about Site usage and response rates.
5. Paperound's Use of Information
- To operate and make available the Paperound Platform. We use your data to connect you with other Users to enable the posting of, selection for, completion of, and payment for Tasks, in order to fulfill our contracts with Users;
- For billing and fraud prevention, on the basis of our legitimate interests in ensuring a safe and secure environment in which Customers and Taskers can meet and conduct business, and in order to comply with our legal obligations;
- To conduct identification, criminal background, and right to work checks, if applicable, and to the extent permitted by local law, on Users, in order to advance our legitimate interests as well as for the substantial public interest of ensuring the safety of our Users both online and offline, preventing or detecting unlawful acts, protecting the public against dishonesty, and maintaining the integrity of the Paperound Platform given that Taskers often interact directly with Customers and may enter their homes;
- To analyze Paperound Platform usage as necessary for our legitimate interest in improving the Paperound Platform to grow our business;
- To contact you and deliver (via email, SMS, push notifications, or otherwise) transactional information, administrative notices, marketing notifications, offers and communications relevant to your use of the Paperound Platform, with your consent when required under applicable law, as necessary for our legitimate interests in proper communication and engagement with our Users and in promoting our business;
- To provide you with customer support in order to fulfill our contracts with Users;
- For internal market research for our legitimate interest in improving the Paperound Platform to grow our business;
- For troubleshooting problems for our legitimate interests in ensuring a safe and secure environment in which Users can meet;
- To assist Users in the resolution of complaints and disputes between them, as necessary for our legitimate interests in facilitating good relations among Users;
- To enforce our Terms of Service and our legitimate interests in ensuring our Agreement is complied with; and
- As otherwise set forth in the Agreement.
For more information and to understand your choices regarding third party ads, please see the “Cookies and Other Technologies and Interest-Based Advertising” in Exhibit A. Advertising and marketing is carried out as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business.
Analytics and Market Analysis. Paperound may analyze information (“Market Analysis”) as necessary for our legitimate interests in providing an engaging and relevant experience, and promoting and growing the Paperound Platform.
Paperound uses information to offer services to Users who express an interest in these services, through a poll for example, or to Users who can be presumed to have an interest based on results from our Market Analysis. We do this as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business.
6. Information Sharing
Third Party Agents. We share information, including Identity Information, with entities that process information on our behalf for our business purposes. Third Party Agents assist us with services such as payment processing, data analytics, marketing and advertising, website hosting, fraud prevention and detection, communication services, and technical support. We contractually prohibit our Third Party Agents from retaining, using, or disclosing information about you for any purposes other than performing the services for us, although we may permit them to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.
To operate the Paperound Platform, including processing your transactions, we may share your information with our agents, representatives, vendors and service providers (“Third Party Agents”) so they can provide us with support services as follows:
- Email origination;
- Identity checks to the extent permitted by applicable law;
- Fraud detection. Our fraud detection providers also use information relating to you and your use of and activity on the Paperound Platform to provide fraud detection services to their other customers;
- Receipt, invoice, or support services;
- Customer relationship management services;
- To otherwise help us provide the Paperound Platform.
Promotions. If you take part in any of our promotion, we share information as set out in the official rules that govern the promotion as well as for administrative purposes and as required by law (e.g., on a winners’ list). By entering a promotion, you agree to the official rules that govern that promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other entities to use your name, voice, and/or likeness in advertising or marketing materials. We may occasionally contact you, if you want us to, with information about special events, activities, promotions, contects, submission opportunities, and programs. You always have the ability, in your Account, to ask Paperound not to contact you with this type of information. Please see the Your Rights and Choices section for more information.
Other Users. Paperound facilitates contact between Customers and Taskers and reserves the right to share a Tasker’s contact information (e.g. name, phone number, email, or postal address) with a Customer and vice versa, or with their legal or other representative, in order to facilitate: (1) the resolution of a dispute related to or arising from an interaction between two or more Users of the Paperound Platform; or (2) the performance of a Task. This exchange of information is a mandatory part of the Paperound Platform.
Legal Obligations. Paperound and our Third Party Agents may disclose information or User Generated Content, including location data or communication data, to a third party if required or permitted to do so by law or pursuant to a court order, warrant or subpoena. Paperound reserves the right to disclose Personal Information from both private and public areas of the Site(s) and the Paperound Platform in the absence of a court order, warrant or subpoena, to the extent permitted by applicable law, if we are given reason to believe, in our sole discretion, that someone is causing injury to or interfering with the rights of Users, the general public, or Paperound or its partners, parents or affiliates.
It is our policy to provide notice to Users before producing their information in response to law enforcement requests unless (i) we are prohibited or otherwise constrained by law or court order from doing so, (ii) we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety, or (iii) it is an emergency request and prior notice would be impractical (in which case we may provide notice after the fact).
Merger or Acquisition. Paperound reserves the right to share information in connect with, or during negotiations of, any proposed or actual merger, purchase, sale, or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.
Public Areas. Your profile on the Paperound Platform consists of information about you and your business, and may include information such as photographs, your years in business, skills and expertise, hourly pay rates, feedback/rating information, and other information, including your username (“Profile”). The information in your User Profile may be visible to all Users and the general public. If you choose to post a Task via the Paperound Platform, the contents of such listing will be viewable to Taskers you select on the Paperound Platform.
7. Your Rights and Choices
You may opt-out of receiving promotional communications from us and our Partners, remove your information from our database, choose to not receive future promotional communications related to the Paperound Platform, or cancel your account by logging on to the Site(s) and clicking on the “Account” tab, or by contacting us.
Account Settings. During registration you choose whether to receive marketing correspondence from Paperound and its affiliates and Partners. This information remains on your Profile where you can, at any point, easily edit it. After logging on, click on the “Account” tab, then select “Notifications” to make your preferred selections.
Corrections to Profile. You have the right to access, update, and correct inaccuracies in your Paperound Profile at any time by logging in and clicking on the “Profile” tab. There, you can view, update, and correct your Profile information. Our databases automatically update any information you edit in your Profile under the “Profile” tab.
So that we may protect the integrity of the Paperound Platform, there are certain pieces of information, such as your age, that you cannot alter yourself. For example, since children under the age of majority in their jurisdiction of residence are not allowed to register as Users, we need to take reasonable measures to preserve the accuracy of our Users' ages. You may contact us at firstname.lastname@example.org, there is a need to make a correction to such data. Please see the Children’s Privacy section for more details.
Promotional Communications. You can opt out of receiving promotional communications from Paperound sent via email by clicking on the unsubscribe link in any message. You can opt out of receiving promotional communications from Paperound sent via text message pr email at any time by emailing email@example.com. Please note that your opt-out is limited to the phone number and email used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt-out of receiving promotional communications, Paperound may continue to send you non-promotional communications, such as those about your account, Tasks, transactions, servicing, or Paperound’s ongoing business relationship with you. If you receive unsolicited email from a Paperound domain, please let us know at firstname.lastname@example.org.
Cookies and Pixels. Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.
Do Not Track. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operations should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals.
App and Location Technologies. You can stop all collection of information via an app by uninstalling the app. You can also reset your device Ad Id at any time through your device settings, which is designed to allow you to limit the use of information collected about you. If you do not want us to use your location anymore for the purposes set forth above, you should turn off the location services for the mobile application located in your device’s account settings, your mobile phone settings, and/or within the mobile application.
8. Paperound's Information Retention Policy
We retain personal data for as long as you are a User in order to meet our contractual obligations to you, and for such longer period as may be in our legitimate interests and to comply with our legal obligations. We may also retain data from which you cannot directly be identified, for example where stored against a randomly-generated identifier so we know the data relates to a single User, but we cannot tell who that User is. We use this kind of data for research purposes and to help us develop and improve our services, and we take appropriate measures to ensure you cannot be re-identified from this data.
9. Paperound’s Security of Collected Information
Your Paperound account is password-protected so that only you and authorized Paperound staff have access to your account information. In order to maintain this protection, do not give your password to anyone. Also, if you share a computer, you should sign out of your Paperound account and close the browser window before someone else logs on. This will help protect your information entered on public terminals from disclosure to third parties.
10. Notification of Changes
11. Children’s Privacy
This service is intended for a general audience, and is not directed at children under 16 years of age. In certain jurisdictions, this minimum age may be higher. Please check the Jurisdiction-specific Provisions below for more information.
If you are a parent or guardian and you believe that we have collected information from your child in a manner not permitted by law, please let us know by contacting us email@example.com We will remove the data.
We do not knowingly collect or “sell” the Personal Information of minors under 18 years old.
12. Contacting Us
Paperound's staff will respond to all mail or email from Users with questions about privacy, including the types of Personal Information stored on the Paperound database, and requests to delete or rectify such Personal Information.
13. Jurisdiction-specific Provisions
C. Disclosures for Data Subjects in the European Economic Area (EEA) and Switzerland.
Transfer Of Data. We and our affiliates and Third Party Agents primarily store data about you, including Personal Information, on servers located and operated within the United States. If you reside or are located outside of the U.S., we may send and store your Personal Information (also commonly referred to as personal data) to the U.S. in order to provide and operate the Paperound Platform. Paperound undertakes to ensure an adequate level of protection of the personal data transferred outside the European Economic Area, either by us, our affiliates, and/or Third Party Agents, in accordance with applicable legislation, in particular via the signature of the standard contractual clauses approved by the European Commission or the Privacy Shield certification.
Your Rights. You have the following rights under certain circumstances:
- A right of access: you have the right to obtain confirmation as to whether personal data concerning you are processed or not and, if processed, to obtain access to such data and a copy thereof;
- A right to rectification: you have the right to obtain the rectification of any inaccurate personal data concerning you. You also have the right to have incomplete personal data completed, including by means of providing a supplementary statement;
- A right to erasure: in some cases, you have the right to obtain the erasure of personal data concerning you. However, this is not an absolute right and Paperound may have legal or legitimate grounds for keeping such data;
- A right to restriction of processing: in some cases, you have the right to obtain restriction of processing of your personal data;
- A right to data portability: you have the right to receive the personal data concerning you which you have provided to Paperound, in a structured, commonly used and machine-readable format, and you have the right to transmit those data to another controller without hindrance from Paperound. This right only applies when the processing of your personal data is based on your consent or on a contract and such processing is carried out by automated means.
- A right to object to processing: you have the right to object at any time, on grounds relating to your particular situation, to processing of personal data concerning you when such processing is based on the legitimate interest of Paperound. Paperound may, however, invoke compelling legitimate grounds for continued processing. When your personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of such data. You can change your marketing preferences at any time as described in the Your Rights and Choices section above.
- A right to lodge a complaint with the supervisory authority: if your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority. The Information Commissioner is the supervisory authority in the UK and can provide further information about your rights and our obligations in relation to your personal data, as well as deal with any complaints that you have about our processing of your personal data.
You can exercise your rights by contacting us at firstname.lastname@example.org
EU-US Privacy Shield
Paperound's commitment to comply with the Privacy Shield Principles
Paperound is committed to compliance with the EU-US Privacy Shield (as set forth by the U.S. Department of Commerce) regarding the collection, use, and retention of Personal Information from European Union member countries. Paperound has self-certified that it adheres to each of the Privacy Shield Principles:
- Accountability for Onward Transfer
- Data Integrity and Purpose Limitation
- Recourse, Enforcement, and Liability
Accountability for onward transfers. The Privacy Shield Principles describe Paperound’s responsibility for Personal Information that it receives from EU residents under the Privacy Shield and subsequently transfers to a third party processor. In particular, if Third Party Agents that process Personal Information on Paperound’s behalf do so in a manner inconsistent with the Privacy Shield Principles, Paperound will remain responsible and liable unless it can prove that it is not responsible for the event giving rise to the damage.
Right of access. You have a legal right to request a copy of the Personal Information that we have about you. You also have a right to correct, amend or delete such Personal Information where it is inaccurate or has been processed in violation of the Privacy Shield Principles.
Resolution of disputes and complaint mechanism. In compliance with the Privacy Shield Principles, Paperound commits to resolve complaints about your privacy and our collection or use of your Personal Information. If European Union citizens have any queries related to the processing of your Personal Information under the Privacy Shield framework, we encourage you to contact us directly in the first instance at email@example.com.
Binding arbitration. As further explained in the Privacy Shield Principles, a binding arbitration option will also be made available to you in order to address residual complaints regarding Paperound’s Privacy Shield certification not resolved by any other means.
Enforcement. Paperound is subject to the investigatory and enforcement powers of the United Kingdom.
Disclosure of EU personal data to public authorities and law enforcement agencies. Paperound may be required to share your Personal Information in response to lawful requests by public authorities.
Custom Audience. We may use services provided by third-party platforms (such as social networking or other websites) to serve targeted advertisements on such platforms to you, and we may provide a hashed version of your email address or other information to the platform provider for such purposes. To opt-out of the use of your information for such purposes, please launch the opt-out tool at https://youradchoices.ca/choices.
Type of Cookie
Who Serves (for example)
These cookies (including local storage and similar technologies) tell us when you’re logged in, so we can customize your experience and connect your account information and settings.
These cookies help provide a localized experience by showing you your local metro area.
Site features and services
Analytics and research
Things like cookies and pixels are used to deliver relevant ads, track ad campaign performance and efficiency, and to understand your interests from your online activity on the Site, mobile applications and other websites and apps. For example, we and our ad partners may rely on information gleaned through these cookies to serve you ads that may be interesting to you on other websites and in doing that your information (which will not contain your name, email address or other "real-world" identifiers) will be shared with other platforms in the digital advertising ecosystem all involved in assisting the delivery, purchase, reporting and analysis of digital advertising. Similarly, our advertisers may use a cookie, attribution service or another similar technology to determine whether we’ve served an ad and how it performed, or provide us with information about how you interact with them.
Please note that even if you opt-out of interest-based advertising by a third party, these tracking technologies may still collect data for other purposes, including analytics, and you may still see ads from us, but the ads will not be targeted based on behavioral information about you and may therefore be less relevant to you and your interests.
You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. To successfully opt-out, you must have cookies enabled in your web browser. Please see your browser’s instructions for information on cookies and how to enable them. Your opt-out only applies to the web browser you use so you must opt-out of each web browser on each device that you use. Once you opt out, if you delete your browser’s saved cookies, you may need to opt-out again.
For more information about targeting and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative opt-out page, or the Digital Advertising Alliance’s opt-out pages in the United States, https://youradchoices.ca/choices/ in Canada, or http://youronlinechoices.eu in the EU.
Social Media and Digital Advertising cookies and widgets
- DoubleClick: Google's Doubleclick re-targeting cookie lets us serve personalized ads to you when you're browsing other websites and social media platforms. You can control ad personalization on Google and partner websites In Google’s Privacy and Terms page.