PLEASE READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS AND ACCEPT ALL OF ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE FUNDICHAPCHAP PLATFORM.
Your use of Fundichapchap Platform constitutes your acceptance and agreement to all of the terms and conditions in this Terms of Service, the Privacy Policy (the “Privacy Policy”) available here, and any future amendments and additions to this Agreement (as defined below) as we may publish from time to time.
A few highlights of these Terms of Service include:- Your agreement that you are 18 years of age and above
- Your agreement that Fundichapchap Platform is provided “as is” and without warranty
- Your agreement that Company has no liability regarding Fundichapchap Platform
- Your acknowledgment and agreement that the Company does not supervise, direct or control a Fundi’s work or the Services in any manner
- Your acknowledgement and agreement that Clients (as defined below) are responsible for determining if the Fundis they hire are qualified to perform the task at hand. You further acknowledge and agree that except in select cities as outlined, Fundichapchap does not determine whether any Particular Fundi holds a license, certification, accreditation or insurance.
- Your agreement that the Company has no liability regarding the performance of Tasks.
- Your consent to release the Company from liability based on claims between Users and generally
- Your agreement to indemnify the Company from claims due to your use or inability to use the Fundichapchap Platform or content submitted from your account to Fundichapchap Platform
- Your consent to submit any claims against the Company binding arbitration on an individual basis only
1. Fundichapchap Platform Connects Fundis and Clients
Fundichapchap Platform is a web-based communications platform which enables the connection between Clients and Fundis. “Clients” are individuals and/or businesses seeking to obtain services (“Tasks”) from Fundis and are therefore clients of Fundis, and “Fundis” are individuals and/or businesses seeking to perform Tasks for Clients. Clients and Fundis 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.FUNDIS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OF THE COMPANY. THE COMPANY DOES NOT PERFORM TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. USERS HEREBY ACKNOWLEDGE THAT THE COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A FUNDI’S WORK AND IS NOT RESPONSIBLE FOR THE WORK PERFORMED OR THE TASKS IN ANY MANNER.
The Fundichapchap Platform only enables connections between Users for the fulfillment of Tasks. The Company is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Tasks, Taskers, Clients, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Users. Company makes no representations about the suitability, reliability, timeliness, or accuracy of the Tasks requested and services provided by Users identified through Fundichapchap Platform whether in public, private, or offline interactions.2. User Vetting and User Representation and Warranties
User Vetting
In the Company’s sole discretion, Users may be subject to an extensive vetting process before they can register for and during their use of Fundichapchap Platform, including but not limited to a verification of identity and a comprehensive criminal background check, at the Country, State and local level, using third party services as appropriate. Users hereby give consent to Company to conduct background checks as often as required in compliance with the law, including, without limitation, Taxation and fair trade where applicable. Although the Company may perform background checks of Users, as outlined above, the Company is not required to do so and cannot confirm that each User is who they claim to be and therefore, the Company cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through Fundichapchap Platform. When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know.NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. THE COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING REGARDING YOUR USE OF THE FUNDICHAPCHAP
User Representations and Warranties
You represent and warrant that that: (1) you are 18 years of age or older and are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (2) 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. Where you enter into this Agreement on behalf of the 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. You represent and warrant that you have read, understood and is required to agree to and accept be bound by these Terms of Service and, the Privacy Policy in order to access and use FUNDICHAPCHAP Platform. You hereby warrant and represent that you will respect the privacy (including without limitation private, family and home life), property and data protection rights of Users and that you will not record (whether video or audio or otherwise) any Task or any interaction by or with any User and/or Company in connection with Fundichapchap Platform without the prior written consent of any relevant User. You further represent and warrant that you will fulfill the commitments you make to other Users including paying/receiving payment through the Fundichapchap Platform, communicating clearly and promptly through the chat thread and/or respond to invitations promptly, being present and/or available at the time you agree upon with your Fundi or Client as the case may be and only utilizing the third party payment processing system specified or approved by us to make or receive payment for services provided through the Fundichapchap. You also represent and warrant that you will act professionally and responsibly in your interactions with other Users. Fundis additionally represent and warrant that you will provide timely, high quality services to your Clients, you will only offer and provide services for which you have the necessary skills and expertise and you will provide the services safely. Fundis who request to be identified on Fundichapchap Platform as a Licensed Fundis additionally represent and warrant that they hold all licenses and certification necessary to perform the Tasks for which they are hired, are active and in good standing with the applicable licensing authorities, do not have any outstanding or unresolved disciplinary actions against them by the relevant licensing board, hold the requisite insurance and acknowledge that their insurance shall be primary for all Tasks performed. Fundis who are identified on Fundichapchap Platform as a Licensed Fundi also acknowledge they will personally perform the Task for which they are hired or, with their Client’s permission, will only send other Licensed Fundis in their employ who (i) hold the requisite license, (ii) are covered by the requisite insurance and (iii) are registered as Fundis and identified as a Licensed Fundis on the Platform.Contract between Clients and Fundis
You acknowledge and agree that a contract (the “Service Agreement”) is formed when you agree on the terms of a Task with another User. The terms of the Service Agreement include the terms set, the engagement terms proposed and accepted on Fundichapchap Platform, and any other contractual terms accepted by both the Fundi and their Client to the extent such terms do not conflict with the terms in this Agreement and do not expand the Company’s obligations or restrict Company’s rights under this Agreement. You agree that the Company is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between the Company and the Fundi. Where approved in advance by the Client, the Fundi is not obligated to personally perform the Services. Before any services are performed by any assistants, helpers, subcontractors or other personnel (collectively “Assistants”) engaged by the Fundi, the Fundi shall require any such individuals to become registered Fundis on Fundichapchap Platform pursuant to the Company policies as described on the Platform. A Fundi’s failure to bring an Assistant who is not a registered Fundi could lead to removal from Fundichapchap. The Fundi assumes full and sole responsibility for the payment of all compensation, benefits and expenses of Assistants, if any, and for all required and applicable tax withholdings as to the Fundi and all persons engaged by the Fundi in the performance of the Services. The Client shall pay their Fundis for completed services through the PSP (as defined below) as indicated on the Fundichapchap Platform at the rates agreed to by the parties in the Service Agreement. Each party agrees to comply with this Agreement during the engagement, performance and completion of a Task. Both parties agree to notify the Company of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via the Company representatives for at least thirty (30) days before initiating any proceeding between the parties.