Welcome to SpairTime!
These terms and conditions outline the rules and regulations for the use of SpairTime's Website; if you have any questions, please contact us here.
User agreement for www.spairtime.com
By accessing this website we assume you accept these terms and conditions. Do not continue to use SpairTime if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person logged onto this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. Any terms mentioned as "Host", or "SpairTimer" refer to users on the SpairTime website. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. For clarification of all other terminology, please refer to the SpairTime Glossary found towards the bottom of the Terms and Conditions.
SpairTime operates as an online sharing platform allowing Users to offer services to other people in their community by connecting with each other through the SpairTime Platform.
Please read the following terms and conditions as well as all Policies including the Privacy Policy before using the SpairTime Platform. These Policies are incorporated into this Agreement by reference.
1. What is SpairTime and what do we offer
- 1.1 SpairTime provides the SpairTime Platform to enable: a) Hosts to publish Postings or allow Hosts to seek out SpairTimers, and b) SpairTimers to publish Listings or allow SpairTimers to offer their services to a Host's Post.
- 1.2
- A) SpairTimers may make an offer in response to a Posting. Some details of the Post may be made publicly available, including to internet users who are not users of the SpairTime Platform.
- B) Hosts may send an invitation in response to a Listing. Some details of the Listing may be made publicly available, including to internet users who are not users of the SpairTime Platform
- 1.3
- A) A Host may revoke or modify a Post at any time before accepting an offer by a SpairTimer. SpairTime reserves the right to cancel all offers on a Posting made prior to the modification or amendment.
- B) A SpairTimer may revoke or modify a Listing at any time before accepting an invitation by a Host. SpairTime reserves the right to cancel all invitation on a Listing made prior to the modification or amendment.
- 1.4 If a Host accepts an offer on the SpairTime Platform, a "SpairTime contract" is created between the SpairTimer and the Host.
- 1.5 Upon creation of a SpairTime contract, the Host must pay the Agreed Price into an account owned and controlled by SpairTime.
- 1.6 Upon creation of the SpairTime contract, SpairTime has rendered SpairTimer Services and the Service Fee is due and payable.
- 1.7 Once the SpairTime contract is created, the SpairTimer and Host may not change or vary the SpairTime contract made on the SpairTime Platform. The Host and SpairTimer are encouraged to use SpairTime's private messaging system to amend or vary the Post made by the Host (including the Agreed Price) or to otherwise communicate, prior to the creation of the SpairTime contract.
- 1.8 Once the services are complete, the SpairTimer must provide notice of that on the SpairTime Platform.
- 1.9 Once the services are complete, the Host must provide notice of that on the SpairTime Platform.
- 1.10 Once the Post has been completed and the SpairTimer confirms the services are completed, or if SpairTime is satisfied the services have been completed, the Host's Funds will be released from the Account owned by SpairTime and sent to the SpairTimer's SpairTime wallet.
- 1.11 By inputting their bank details, the SpairTimer at any time can release the funds from their SpairTime wallet and send them to their bank account registered with SpairTime.
- 1.12 After the peer to peer contract is completed, both parties are encouraged to review and provide feedback of the services on the SpairTime Platform.
2. The roles and obligations of SpairTime
- 2.1 SpairTime provides the SpairTime Platform only, a strictly peer-to-peer platform enabling users to publish Postings and/or Listings, and allows SpairTimers to make offers on those postings, or Hosts to invite SpairTimers to posts through a Listing.
- 2.2 You must be legally allowed to work in the country you are an active user in in order to use the SpairTime platform.
- 2.3 Users must be natural persons,
- 2.4 If working for a company, the user may specify within their profile that they represent a business entity.
- 2.5 At its absolute discretion, SpairTime may refuse to allow any person to register or create an account with SpairTime or cancel or suspend any existing account.
- 2.6 Registering and creating an account with SpairTime is free. There is no charge for a Host to create a Posting, a SpairTimer to create a Listing, or for other SpairTime users to review content on the SpairTime Platform, including posts, and Listings.
- 2.7 SpairTime accepts no liability for any aspect of the Host and SpairTimer interaction, including but not limited to the description, performance or delivery of services.
- 2.8 SpairTime has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of SpairTimers to perform jobs or complete a Post, or the honesty or accuracy of any information provided by Host or the Hosts' ability to pay for the Services requested.
- 2.9 SpairTime has no responsibility and makes no warranty as to the accuracy of the personal identification provided to SpairTime by its users, and makes no guarantee to the accuracy of licensing or certification by its users in specific industries, such as, but not limited to, plumbing, electric, or other trades services.
- 2.9 Except for liability in relation to any Non-excludable Condition, the SpairTime Service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- 2.10 SpairTime has no obligation to any user to assist or involve itself in any dispute between Users, although may do so to improve user experience.
3. The roles and obligations of SpairTime users
- 3.1 You will follow the following rules at all times:
- (a) comply with the SpairTime Terms and Conditions (including all Policies) and all applicable laws and regulations provided in your residing country and/or state;
- (b) only post accurate information on the SpairTime Platform;
- (c) ensure that You are aware of any laws that apply to You as a Host or SpairTimer, or in relation to using the SpairTime Platform.
- 3.2 You agree that all content (whether it is provided by SpairTime, a User or a third party) on the SpairTime Platform may not be used for any other business purpose or by any third party companies without being granted permission by SpairTime beforehand.
- 3.3 You must not conduct any illegal activities or use the SpairTime Platform for any immoral purpose.
- 3.4 You must maintain control of your SpairTime profile and account at all times and must not deal your account in any way with other people. This includes allowing others individuals (whether they be other SpairTime users or people not using the SpairTime platform) to use your account, or by transferring or selling your account or any of its content to another person.
- 3.5 You grant SpairTime a worldwide, unrestricted and royalty-free license to use, reproduce, modify and adapt any content and information posted on the SpairTime Platform for the purpose of publishing material on the SpairTime Platform and as otherwise may be required to provide the SpairTime Service, for the general promotion of the SpairTime Service, and as permitted by this Agreement.
- 3.6 You agree that any information posted on the SpairTime Platform must not, in any way whatsoever, be potentially or actually harmful to SpairTime or any other person. Harm includes, but is not limited to, any physical, emotional, or economical loss that will or may be suffered by SpairTime or any other person.
- 3.7 Without limiting any provision of this Agreement, any information You supply to SpairTime or publish in a Posting (including as part of an Offer) or a Listing must be up to date and kept up to date and must not:
(a) be false, inaccurate, misleading or deceptive;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
(e) be defamatory, libellous, threatening or harassing;
(f) be obscene or contain any material that, in SpairTime's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the SpairTime Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information. - 3.8 SpairTime Platform may from time to time engage location-based or map-based functionality. The SpairTime Platform may display the location of Hosts and SpairTimers to persons browsing the SpairTime Platform. Each Host will be asked to provide the street and suburb where the Services are to be delivered. A Host should never disclose personal details such as the Host's full name, street number, phone number or email address in a Posting or in any other public communication on the SpairTime Platform.
- 3.9 If you are a SpairTimer, you must have the right to provide Services under a Contract and to work in your country/state. You must be in compliance with all tax and regulatory obligations in relation to any payment received (including from a Host) under a SpairTime Contract.
- 3.10 You must not, when supplying Services, charge a Host any fees on top of the SpairTime Funds. However, the users under a SpairTime contract may agree to amend the agreed price through the SpairTime Platform.
- 3.11 You must not request any payments outside of the SpairTime Platform from the Host except to the extent permitted by clause 3.12 and only if the SpairTime Platform does not facilitate the reimbursement of costs considered in clause 3.12 via the bank account owned and controlled by SpairTime.
- 3.12 If a SpairTimer agrees to pay some costs of completing the Services (such as equipment to complete the Services), the SpairTimer is solely responsible for obtaining any reimbursement from the Host. SpairTime advises SpairTimers not to agree to incur costs in advance of receiving the payment for these costs, unless the SpairTimer is confident the Host will reimburse the costs promptly.
- 3.13 If SpairTime determines at its sole discretion that you have breached any obligation under this clause 3 or that you have breached one or more SpairTime contracts, it reserves the rights to remove any content, Posting, Offers, Listings, or invitations You have submitted to the SpairTime Service or cancel or suspend your account and/or any contracts that have been created.
4. Fees
- 4.1 Upon the creation of a SpairTime contract, the SpairTimer owes SpairTime the Service Fee. The Service Fee will automatically be deducted from the Agreed Price that is held in the bank account owned and controlled by SpairTime.
- 4.2 If the Posting requires a SpairTimer to incur costs in completing the Services, the cost incurred will not be included in any calculation of Fees so long as the excess cost is not included in the Agreed Price.
- 4.3 Fees taken by SpairTime do not include any fees that may be due to Third Party Service providers. All Third Party Service providers are paid pursuant to a user's separate agreement with that Third Party Service provider.
- 4.4 All Fees and charges payable to SpairTime are non-cancellable and non-refundable, subject to Your rights under any Non-Excludable Conditions.
- 4.5 As new services are offered by SpairTime on the SpairTime Platform, the Fees applying to that service will be payable as from the launch of the service.
- 4.6 SpairTime may set-off any Fees against any SpairTimer Funds or other amounts held by SpairTime on behalf of a User.
- 4.7 SpairTime maintains the right to restrict a user's account until all fees have been paid.
5. Payments and Refunds
- 5.1 If:
- (a) the Host and the SpairTimer mutually agree to cancel the SpairTime contract; or
- (b) following reasonable attempts by a Host to contact a SpairTimer to perform the SpairTime contract, the contract is cancelled;
and - (c) SpairTime is satisfied that the Agreed Price should be returned to the Host,
then, subject to clause 5.3, SpairTime will pay the SpairTimer Funds held in the bank account owned by SpairTime to the Host. SpairTime may also pay to the account of the Host, on behalf of the SpairTimer, an additional amount up to the value of the Service Fee collected in connection with the SpairTime contract.
- 5.2 Any amount paid by SpairTime on behalf of a SpairTimer, including but not limited to the Service Fee, under clause 5.1 will be a debt owed to SpairTime by the SpairTimer.
- 5.3 If a Contract is cancelled:
- (a) SpairTime will retain the Service Fee in accordance with clause 4.1; and
- (b) the cancellation will be attributed to the individual cancelling unless the canceller of the contract can provide evidence to SpairTime's satisfaction (in its sole opinion) that the other user under the SpairTime contract caused the cancellation of the contract.
- If cancelled by the Host (as determined by this clause), the Host must pay the Cancellation Fee, which is equal to the Service Fee charged to the SpairTimer under the same peer to peer contract. SpairTime may agree to refund the Service Fee to the SpairTimer. If cancelled by the SpairTimer, the amount under the contract will be refunded in full to the Host and the cancellation fee will become a debt due to SpairTime by the SpairTimer in accordance with clause 5.2.
- 5.4 If the parties agree to any additional cancellation fee payable under the SpairTime contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
- 5.5 Following resolution of a cancelled SpairTime contact in accordance with clause 5.1, SpairTime may take up to 30 days to return the Agreed Price (less the Cancellation Fee, if applicable) to the Host.
- 5.6 If, for any reason, the SpairTimer Funds cannot be transferred or otherwise made to the SpairTimer or returned to the Host (as the case may be) or no claim is otherwise made for the SpairTimer Funds, the SpairTimer Funds will remain in the Bank Account owned and operated by SpairTime until paid or otherwise for up to three months from the date of SpairTime Contract creation.
- 5.7 Following the 3 months referred to in clause 5.6, and provided there is still no dispute with respect of the SpairTimer Funds, the SpairTimer Funds will be refunded to the Host and returned with 30 days.
6. Business Partners
- 6.1 SpairTime may enter into agreements with Business Partners and may seek to engage SpairTimers in the provision of Business Services. SpairTimers who agree to perform Business Services for Business Partners acknowledge and agree that SpairTime and the Business Partner may on-sell Services supplied to third parties for an increased fee.
- 6.2 Business Partners may require SpairTimers providing Business Services to be approved or hold particular qualifications. SpairTime may assist Business Partners to locate suitably qualified SpairTimers. SpairTime makes no warranty that it will promote any or all suitably qualified SpairTimers to Business Partners.
- 6.3 Business Partners may require SpairTimers to enter into a Business Partner Contract before providing Business Services.
- 6.4 Where a SpairTimer accepts a Posting with a Business Partner:
- (a) the SpairTimer must provide Business Services to the Business Partner in accordance with the Contract and any applicable Business Partner Contract; and
- (b) the terms of the Business Partner Contract will prevail to the extent of any inconsistency.
7. Payment Facility
- 7.1 SpairTime may use a bank account owned and operated by SpairTime to manage the payment gateway for the duration of all SpairTime contracts.
- 7.2 In so far as it is relevant to the provision of the SpairTime Bank Account, the terms at https://stripe.com/ are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the SpairTime Bank Account.
- 7.3 If SpairTime changes its payment provider or Bank Account Provider, You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.
8. Third Party Services
- 8.1 SpairTime might occasionally include Third Party Services on the SpairTime Platform. These Third Party Services are not provided by SpairTime.
- 8.2 Third Party Services are offered to SpairTime users dependent upon the third party's terms and conditions. Third Party Services may be promoted on the SpairTime Platform as a convenience to our users who may find the Third Party Services of interest or of use.
- 8.3 If a user engages with any Third Party Service provider, the agreement will be directly between the user and that Third Party Service provider and SpairTime will have no liability between the two.
- 8.4 SpairTime makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our SpairTime Platform, users may provide feedback to SpairTime of their Third Party Service experience via email under the contact section.
9. Verification & Badges
- 9.1 SpairTime may use Identity Verification Services.
- 9.2 You agree that SpairTime Identity Verification Services may not be fully accurate as all SpairTime Services are dependent on user-supplied information and/or information or verification services provided by third parties.
- 9.3 You are solely responsible for identity verification and SpairTime accepts no responsibility for any use that is made of a SpairTime Identity Verification Service.
- 9.4 SpairTime Identity Verification Services may be modified at any time.
- 9.5 The SpairTime Platform may also include a user-initiated feedback system to help evaluate Users.
- 9.6 SpairTime may make Badges available to SpairTimers. The available Badge can be requested by the SpairTimer via the SpairTime Platform, and arranged on behalf of the SpairTimer and issued by SpairTime. Obtaining Badges may be subject to the provision of certain information or documentation by the SpairTimer and determined by SpairTime or a third party verifier subject to its terms.
- 9.7 You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering into a SpairTime contract, you do so aware of this limitation. You should seek to verify any Badge with the SpairTimer prior to assisting with a Posting.
- 9.8 It remains the SpairTimer's responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform SpairTime immediately if a Badge is no longer valid.
- (a) SpairTime may, from time to time, contact the SpairTimer with a specific badge to verify the badge is still valid.
- 9.9 SpairTime may, at its discretion, issue Badges to SpairTimers for a fee no more than the cost of validation of the badge and verification of the individual.
- 9.10 The issue of a Badge to a SpairTimer remains in the control of SpairTime and the display and use of a Badge is licensed to the SpairTimer for use on the SpairTime Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the SpairTime Platform.
- 9.11 SpairTime retains the discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal based on the discretion of SpairTime.
10. Feedback
- 10.1 You can complain about any comment made on the SpairTime Platform by contacting SpairTime via the contact page located on the SpairTime Platform.
- 10.2 SpairTime is entitled to suspend or terminate Your account at any time if SpairTime, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other SpairTime Users.
- 10.3 SpairTime holds the right to remove any comment made to a SpairTimer or a Host if in violation of any of these terms and conditions, and is up to the sole discretion of SpairTime.
11. SpairTime Liability
- 11.1 Using the SpairTime platform may involve a test of a person’s physical and mental limits for SpairTimers, Hosts, or anyone in the area that a post is being completed. You, the user, further acknowledge that it carries with it the possibility of serious injury, death, or property loss/damage. These risks include, but are not limited to, those caused by terrain, facilities, weather, temperature, dehydration, and the condition of equipment and vehicular traffic, as well as the actions of other users of SpairTime.
- 11.2 You, the user, hereby acknowledge and understand all of the risks of operation on the SpairTime platform as well as through the completion of posts made on the website, including (as examples and not by way of limitation): any risks arising from negligence or carelessness on the side of either the SpairTimer or the Host, from defective or dangerous equipment or property owned, controlled, or maintained by the owning body, or because of their possible liability without fault.
- 11.3 You, the user, hereby release and forever discharge and hold harmless SpairTime and its governing bodies as well as its users. You also release SpairTime and all aforementioned individuals from any and all liability claims, as well as demands of whatever kind or nature, in either law or equity, that arise or may hereafter arise from your participation on the platform after agreeing to these terms and conditions during the registration of a SpairTime account.
- 11.4 You, the user, understand that this release dismisses SpairTime from any liability or claim that you may have against it with respect to any bodily injury, personal injury, illness, death, or property damage that may result from my activities while using the SpairTime platform.
- 11.5 You, the user, understand that SpairTime does not carry or maintain medical, health, or disability insurance coverage for its participants, with the exception of previously assured care made in writing by SpairTime. You are expected and encouraged to obtain your own medical or health coverage.
- 11.6 You, the user, hereby grant and convey all rights, titles, and interests in any and all photographic images and video or audio recordings made by SpairTime during your participation, including but not limited to any royalties, proceeds, or other benefits derived from such photographs or recordings.
- 11.7 The following liability agreement under section 11 of the terms and conditions shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
- 11.8 You, the user, agree that in the event that any clause or provision of this liability agreement under Section 11 of the terms and conditions is held to be invalid by any court of competent jurisdiction, the invalidity of such a clause or provision shall not otherwise affect the remaining provisions of this liability agreement, which shall continue to be enforceable.
- 11.9 You, the user, agree that any and all claims or litigation arising from your participation in this activity will be governed by the laws of the state of New York.
- 11.10 By agreeing to the terms and conditions upon registration of the website, You, the user, certify that you have read this liability agreement under section 11 of the terms and conditions and you fully understand its content. You, the user, are aware that this document is a contractual release from liability in order to use the SpairTime platform and that you sign it of your own free will.
- 11.11 This liability agreement under section 11 of the terms and conditions takes affect on the date of you, the user's, registration onto the SpairTime platform and constitutes you, the SpairTime user, as well discharges SpairTime of any and all damage or injuries that may happen to you or those around you.
12. Privacy of Users
- 12.1 Use of the SpairTime Platform confirms that You consent to, and authorize, the collection, use, and disclosure of Your personal information in accordance with SpairTime's Privacy Policy.
- 12.2 Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, You must review and agree to their terms of service including their privacy policy.
13. Modification to the Terms and Conditions
- 13.1 SpairTime has the ability to modify the Terms and Conditions agreement or the Policies (and update the SpairTime pages on which they are displayed) at any time. SpairTime will send notification of such modifications to Your SpairTime account or advise You the next time You login, specifying the changes that have been made.
- 13.2 When You actively agree to amended terms (for example, by clicking a button saying "I accept") or use the SpairTime Platform in any way, including, but not limited to, the creation of a SpairTime contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
- 13.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must terminate your account. Alternatively, You may notify SpairTime that you would like your SpairTime account terminated, and SpairTime will terminate your account in no longer than 30 business days.
14. Notices
- 14.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to SpairTime's contact address provided by You, the user, upon registration to the SpairTime Platform and verification of your profile. Any notice shall be deemed given:
- (a) if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
- (b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside the United States.
- 14.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider's Terms and Conditions.
15. Dispute Resolution
- 15.1 SpairTime encourages all Users to resolve all disputes with other Users directly. Additionally, You acknowledge and agree that SpairTime may, in its sole discretion, provide Your information as it decides is suitable to other parties involved in the dispute to assist in the resolving of said issue.
- 15.2 If a dispute arises with another User, you and the other user must cooperate and make a genuine attempt to resolve the dispute on your own.
- 15.3 SpairTime may choose to assist in the resolving of User disputes. Additionally, at any time, a User may refer a dispute to SpairTime for assistance. Both users must cooperate with all investigations undertaken by SpairTime to bring the dispute to a close. SpairTime reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Escrow Provider to make payment accordingly. You have the right to raise your dispute with the other User or SpairTime's determination in an applicable court or tribunal.
- 15.4 SpairTime has the right to hold any Price paid under the SpairTime contract that is the subject of a dispute in the Bank Account owned and operated by SpairTime, until the dispute has been resolved.
- 15.5 SpairTime may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and Conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service Terms and Conditions.
- 15.6 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the Terms of Service of the Third Party Service provider.
- 15.7 If You have a complaint about the SpairTime Service, please contact us here.
- 15.8 If SpairTime provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify SpairTime against any claims relating to any other use of information not permitted by this Agreement.
16. Termination
- 16.1 Either You or SpairTime may terminate your account and this Agreement at any time for any reason.
- 16.2 Termination of this Agreement does not affect any SpairTime Contract that has already been made between Users.
- 16.3 Third Party Services are subject to Third Party Service provider Terms and Conditions.
- 16.4 Sections 4 (Fees), 11(SpairTime Liability) and 15(Dispute Resolution) and any other terms which by their nature should continue to apply until the completion of the last SpairTime contract and will survive any termination or expiration of this Agreement.
- 16.5 If Your account or this Agreement are terminated for any reason then You may not without SpairTime's consent (in its absolute discretion) create any further accounts with SpairTime and we may terminate any other accounts You operate or create.
- 16.6 You have the ability to make a case for reinstating your account by contacting SpairTime directly.
17. General
- 17.1 This Agreement is governed by the laws of New York, USA. You and SpairTime submit to the exclusive jurisdiction of the courts of New York, USA.
- 17.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
- 17.3 This Agreement may be assigned or novated by SpairTime to a third party without your consent. In the event of an assignment or novation, the User will remain bound by this Agreement.
- 17.4 This Agreement sets out the complete understanding and agreement between all Users and the company, SpairTime, with respect to its subject matter.
18. Community Guidelines
- 18.1 Respect others in your community
- Anything you post on the platform will be visible to your connections and even the people in your local communities. Make sure to be considerate of those around you. Communities are built on the relationships amongst its members. Keep in mind that what you post will be visible to the same people that hire you or that you plan to hire. To increase the odds of you working with others and utilizing the platform to its greatest capabilities, be respectful to all.
- 18.2 No discrimination
- Discrimination is unacceptable under all circumstances. Any racism, hateful speech, or discrimination of any kind will be removed from the platform and disciplinary actions may take place on the account in question. This is up to the discretion of the SpairTime team.
- 18.3 Maintain the integrity of the community feed
- The community board is meant to help you, your connections, and those in your local areas. Keep the content posted on the feed to content that is constructive to the communities.
- 18.4 No fake profiles or posts
- The SpairTime community is built on trust between the platform and its members. Any use of fake profiles is strictly prohibited and will result in the profile along with any associated accounts being banned. Repeatedly making fake posts or listings will lead to suspension and potentially being banned from the platform. Make sure to be yourself on the platform, as the whole community will benefit from you being you.
- 18.5 No harmful activity allowed
- Any activity leading to the harm of a fellow member of the SpairTime community is prohibited. This can include anything from scams to physical harm to cyber bullying, both in the community feed or in direct messages.
- 18.6 Member moderation
- We rely on the community members to moderate and report any activity that is in breach of these community guidelines. If these are broken at any time, it is up to the community and its members to inform the company so that proper actions may take place.
19. Glossary
- SpairTime Platform - The platform located on the SpairTime website where Hosts and SpairTimers can interact and complete services in exchange for payment.
- Host - A user in need of help with a task or service. A Host creates Posts seeking the help of a SpairTimer and may, at any time, invite a SpairTimer to Post through a Listing created by that SpairTimer.
- SpairTimer - A user with the time and skills necessary to complete a task or service for a Host. A SpairTimer may, at any time, send an offer to a Host through a Post that is visible on the SpairTime Platform. Alternatively, the SpairTimer may create a Listing showcasing their skills and talents for a particular task or service that a Host may find and send invitation to a Post they have made
- Post/Posting - Made by a Host describing a particular task or service with which they need help.
- Listing - Made by a SpairTimer showcasing their skills, talents, or hobbies. A listing is a way for Hosts to invite SpairTimers to a Post they have created.
- Offer - These are sent by SpairTimers who believe they have the time and skills required to complete a particular Post. These may be at a price equal to or of greater value to the Price posted along with the Post.
- Invitation - These are sent by Hosts to a SpairTimer through a Listing they have created. If a Host feels that a particular SpairTimer has the skills necessary to complete a Post they have created, an invitation can be sent directly to the SpairTimer notifying them of your Post.
- SpairTime contract - An agreement between a Host and a SpairTimer to complete a Post that is initiated upon the sending of money from the Host to the SpairTimer, temporarily held by an Escrow account controlled by SpairTime. The contract is completed when both parties agree that the Post has been completed to the satisfaction of both the Host and SpairTimer and money is sent from Escrow to the SpairTimer.
- Agreed Price - The final price that both the Host and the SpairTimer have agreed upon to complete a Post made by a Host.
- Service fee - SpairTime is not taking a service fee at this time. There is however a card processing fee on all purchases which is taken from our payment provider, Stripe. This processing fee is equal to 30 cents + 2.9% of the purchase amount.
- SpairTime wallet - Part of every User's personal account. This is a wallet containing all monetary funds earned when completing a Post. Funds in this wallet can be withdrawn to your personal bank account at any time provided that bank account details have been submitted.