Marketplace Terms Of Use

Welcome to hometalk.com’s Marketplace, a Hometalk product.

 

These Terms of Use contain the terms applicable to your use of the Marketplace and any other feature offered by us from time to time. By accessing or using the Marketplace, you ("User" or “you”), whether in your capacity as a ‘DIYer’ or ‘Client’ (both as defined below), agree that you have read, understood and agree to comply with these Terms of Use set forth herein and as may be updated by Hometalk (“Hometalk” or “us”) from time to time.

 

Users of the Marketplace are responsible for periodically checking for amendments and/or updates to these Terms of Use. We will undertake to notify Users of any such changes via update on our website, and Users continued use of the Marketplace following such changes are deemed to demonstrate their full acceptance of such changes.

Hometalk reserves the right to modify the Marketplace at its discretion and Users hereby agree that we may automatically implement such modifications without seeking their prior approval. Hometalk is not obligated to support the Marketplace and may suspend or terminate it any time.

 

MARKETPLACE

 

The Marketplace is a website based platform designed to facilitate the connection between individuals seeking assistance in the performance of certain home and garden projects (‘Clients’) and individuals who represent possessing certain skills and/or knowledge required to perform or consult regarding performance of the desired projects (‘DIYers’). Both Clients and DIYers are both hereby referred to herein as ‘Users’.

 

REGISTRATION

 

By registering as a DIYer, you hereby confirm that all details provided are complete, true and accurate and Hometalk reserves the right to verify any such data provided in any manner it deems appropriate and to conduct thorough criminal background checks of Users. It is your sole responsibility to maintain the security and confidentiality of your registration details.   Any identifiable information retrieved by us through and/or following the registration process will be kept by us in accordance with our Privacy Policy. All submissions to the Marketplace become the exclusive property of Hometalk and its affiliates, and Hometalk and its affiliates may use the content of any submission without restriction and User shall not be entitled to any compensation.

Hometalk reserves the right to deny or refuse any request for registration to the Marketplace and to remove and terminate any existing Users from the Marketplace at its sole discretion, including, without limitation, where it deems your conduct to be in violation of applicable law or harmful to the interests of Hometalk, other users, or its affiliates.

 

Upon registration, DIYers will be asked to provide a description of the projects they are capable of performing/advising on. By posting a DIYer description, you grant us a nonexclusive, perpetual license to publish it on the Marketplace and any other Hometalk website, social media and partner sites. Notwithstanding the foregoing we are not obligated to publish any DIYer description, and we can remove or edit any DIYer description for any reason in our sole discretion and in any manner we deem appropriate. You can delete your DIYer description, or your account, anytime. Processing the deletion may take a little time, but we’ll process it as quickly as we can. We may keep backup copies on our servers for up to 30 days after you instruct us to delete it.

 

PAYMENTS

 

The price as advertised by the DIYer on the website is on an hourly basis. The selection of a DIYer by a Client and corresponding acceptance by the DIYer of the project constitutes a binding contractual obligation between the parties.

 

Users warrant that any and all payments for services provided in connection with the Marketplace will be made solely via the payment portal on Hometalk, in consideration for the services provided by Hometalk in operation of the Marketplace. Hometalk will be entitled to a fee equal to 20% in addition to a service fee of each transaction between a Client and DIYer via the Marketplace. Any attempt by Users of the Marketplace to process payment for services facilitated by the Marketplace in any manner other than as described above shall constitute a breach of the Terms of Use by both Client and DIYer and will entitle Hometalk to monetary damages.

 

Users shall be solely and exclusively liable for all taxes and charges arising out of or in connection with the provision and/or receipt of services via the Marketplace. Users will hold Hometalk harmless against any loss, liability, deficiency, damage, cost, or expense (including, without limitation any legal fees and expenses), as and when incurred by Hometalk, arising out of or in connection with any claim by or on behalf of a User with respect to the existence of an employment relationship between Hometalk and or any of the Users of the Marketplace or any claim for payment of salary, contributions, taxes or social benefits to any such persons.

USE OF MARKETPLACE:

 

In your use of the Marketplace you will not:

  • violate any laws or third party intellectual property rights;

  • upload any false, profane, defamatory, misleading, unlawful or obscene content;

  • provide any services in violation of any relevant law;

  • use the Marketplace for any attempt to reverse engineer, decompile, or disassemble the Marketplace, or any part thereof;

  • modify the Platform, or grant any other third party the right to do so;

  • represent that it possess any proprietary interest in the Platform;

  • directly or indirectly, take any action to contest Hometalk’s intellectual property rights or infringe them in any way except as specifically permitted hereunder, use the name, trademarks, trade-names, and logos of Hometalk;

  • use the Marketplace to contact third parties or solicit for business or employment unrelated to the Marketplace; or

  • attempt to evade the Hometalk payment system described herein by attempting to submit or receive payment outside of the Marketplace.

 

DIYER REPRESENTATIONS

 

DIYer represents that: (i) it will perform any services hereunder in a professional manner and in accordance with the highest standards and will comply with the description of the relevant project provided by the Client.; (ii) it will not perform any projects it is unauthorized to do under relevant law;  (iii) it has all necessary rights to travel and work throughout the territory where the services are to be provided and, to the extent necessary, DIYer will be responsible for obtaining any permissions or visas required by law or any administrative authority to allow its personnel to travel and work throughout such territory; and (iv) the services and any deliverables will not contain any information or content that belongs to any third parties.

 

CONDUCT
 

You hereby agree to use the Marketplace only for lawful purposes and are prohibited from posting on or transmitting through the Marketplace any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If Hometalk is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, Hometalk may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content. Hometalk may disclose any content or any communication of any kind with you (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Marketplace; or (iii) to protect the rights or property of Hometalk, its users or providers.

Hometalk reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, the Marketplace, its website, the communities that make up the Marketplace, or any rights of Hometalk or its affiliates or any other party, or to violate any applicable law. Notwithstanding the foregoing, neither Hometalk nor its providers can ensure prompt removal of questionable content after online posting. Accordingly, neither Hometalk, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on Hometalk.

DISCLAIMERS AND LIMITATION OF LIABILITY
 

Use of the Marketplace is at the User’s sole risk. Your continued use of the Marketplace constitutes  recognition and acceptance of the fact that Hometalk is not responsible in any manner for the actions of any Clients or DIYers, and makes no representation or warranties regarding DIYers’ accreditation or skill,  the quality of any services or counsel provided by any DIYer nor does it recommend any specific DIYer, and Hometalk expressly disclaims liability of any nature that may arise between Users of the Marketplace.

 

The Users acknowledge that Hometalk is not an employer of any DIYer and is not liable for any tax payments, insurance, social security, disability insurance or any other applicable taxes or fees in connection with Users use of the Marketplace.

 

By using the Marketplace you agree to irrevocably release Hometalk (and its affiliate, agents and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, and any related liability arising out of or in any way connected with your use of the Marketplace.

 

HOMETALK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOMETALK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE MARKETPLACE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE RECEIPT OR PROVISION OF SERVICES UNDER THE MARKETPLACE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OF LIMITATION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, USER AGREES THAT LIABILITY IN SUCH STATES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

PRIVACY POLICY
 

Hometalk respects the privacy of its Users. Users are encouraged to review the terms of the Hometalk Privacy Policy. Without derogating from the foregoing Hometalk assumes no responsibility or liability for any unauthorized access to its servers and the information of any kind saved therein.

 

USAGE BY CHILDREN
 

Users less than eighteen years old are prohibited from registering for the Marketplace without parental consent, therefore registration to the Marketplace is to be determined as confirmation that the User is at least 18 years old or has parental consent for registering to the Marketplace. Notwithstanding the foregoing, Users younger than thirteen years old you are strictly prohibited from accessing the Marketplace. Parents/ guardians of children over the age of thirteen should be aware that the Marketplace appeals to a broad audience and is their responsibility to monitor their children’s use of the Marketplace.

​INDEMNITY

 

Users agree to indemnify, defend and hold Hometalk (and its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, successors, subsidiaries, and affiliates) harmless from all claims, losses or  expenses arising as a result of: (i) your use of the Marketplace; (ii) violation of these Terms of Use; and (iii) violation of any third party intellectual property rights . For the avoidance of doubt the indemnifying party will not agree to any settlement which would require Hometalk to take or refrain from any action without Hometalk’s express written consent.

 

​INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARKS

 

User acknowledges that the Marketplace contains content, including but not limited to text, images, graphics, logos, typefaces, icons, audio, video and software, and submissions and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The compilation (meaning the collection, arrangement and assembly) of all Content on this Marketplace is the exclusive property of Hometalk and protected by U.S. and international copyright laws. All software used on the Marketplace is the exclusive property of Hometalk and protected by U.S. and international copyright laws. The Content and software on the Marketplace may be used as a shopping and selling resource. Any other use, including the reproduction, modification, reverse engineering, distribution, transmission, republication, display, or performance of the Content of this Marketplace is strictly prohibited.
 

All content contained on the Marketplace, including but not limited to text, images, graphics, logos, typefaces, icons, audio, video and software, is the property of Hometalk, its affiliates or their respective content suppliers and protected by U.S. and international copyright and trademark laws.  

 

NO AGENCY

 

The  relationship of Hometalk and all Users of the Marketplace is that of independent contractors, and nothing shall be construed as creating a partnership, joint venture, employer-employee, agency or other special relationship between the parties.

 

Users shall not represent that it has, any right or authority to bind Hometalk, or to assume or create any obligation or responsibility, express or implied, on behalf of Hometalk, and under no circumstances shall a DIYer be deemed to be an employees of Hometalk.

 

INSURANCE

 

Hometalk does not insure or guarantee the services being provided by the DIYer. In the event that the DIYer wishes to insure itself, or is required to do so under local law, it will do so at its sole expense and responsibility.

 

The client acknowledges that it assumes the risks associated with the services provided by any DIYer.


 

TERM

 

This Terms of Use shall continue in effect for the duration of your registration on the Marketplace, and all sections hereto which should survive the expiration or termination hereof shall in effect notwithstanding the discontinuation of your registration.

REFUNDS AND CANCELLATIONS

A customer can cancel her Team up 48 hours before it's scheduled to take place and will receive a full refund. 

If the customer cancels the Team upwithin 48 hoursof the scheduled time, she will be charged for the Team up.   

If the Hometalker cancels the Team up, the customer will not be charged, no matter when the cancellation took place. 

 

GENERAL
 

This User Agreement shall be construed and governed in all respects by the laws of the State of New York without giving effect to any principles of conflicts of law.  Any dispute arising from the Terms of Use or the use or misuse of the Marketplace shall be subject to the exclusive jurisdiction of the competent courts in the district of New York, NY.

 

Without derogating from the foregoing you and Hometalk agree to only bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both parties hereto agree no judge can consolidate more than one person’s claim or otherwise preside over an form of a representative or class proceeding.  

 

The failure of Hometalk to insist upon strict adherence to any provision of Terms of Use on any occasion shall not be considered a waiver of Hometalk’s right to insist upon strict adherence to such provision on any other occasion or to any other provision of these Terms of Use. Any waiver shall be in writing signed by a duly authorized representative of the waiving party.

 

In the event a provision is held to be illegal, invalid or unenforceable, these Terms of Use shall remain in full force and effect and the arbitrator or court shall be empowered to modify, if possible, such illegal, invalid or unenforceable provision to the extent necessary to make these Terms of Use enforceable in accordance with the intent and purposes of the parties expressed herein to the fullest extent permitted by applicable law.

Contact Us
 

 We strive to make Hometalk the platform through which you want to do and receive your consultations, and if you have suggestions for how we can do better, we want to hear from you. Please send any notes, questions, or suggestions to marketplace@hometalk.com

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