IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY.
This Agreement constitutes a legal agreement between you (“you” or “User”) and Sprooce and its affiliates, parents, and subsidiaries (collectively, “Sprooce” or “us”).
This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at www.sprooce.com.au as it may be modified, relocated and/or redirected from time to time (the “Site”), and the mobile applications offered by us (the “Apps”). Our services, platform, Site and Apps are collectively referred to as the “Sprooce Platform”.
By accessing, using or registering with the Sprooce Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Sprooce Platform. Sprooce’s acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.
By using the Sprooce Platform, you represent and warrant that: (i) you are at least 18 years old, 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 (ii) 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 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.
- Your agreement that the Sprooce Platform is provided “as is” and without warranty
- Your agreement that the Sprooce Platform is solely a communications platform providing a method for Professional Services to be booked, that all Professional Services are performed by third parties, and that Sprooce has no liability for any Professional Services or any acts or omissions of third parties
- Your acknowledgment of and agreement to having your mobile number displayed to the contractors/professionals that quote on your project.
- Your acknowledgment of and agreement to Sprooce’s dormant account policies.
- Your acknowledgment of and agreement to Sprooce’s cancellation policies.
- Your agreement to release Sprooce from liability based on claims relating to Services and otherwise.
- Your agreement to indemnify Sprooce from claims due to your use, misuse or inability to use the Sprooce Platform.
The Professional Services may include the delivery, installation and/or assembly of furniture and/or other items obtained through the Sprooce Platform or from a third party (“Merchandise”), but shall not be deemed to include the Merchandise itself. Sprooce does not itself provide Professional Services or Merchandise. The provision of all Professional Services is up to the Professionals, which may be scheduled through use of the Sprooce Platform.
SPROOCE, THROUGH THE SPROOCE PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, SPROOCEMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES.
- Background Checks and Licensing.
SPROOCE DOES NOT DO BACKGROUNDS CHECKS OF PROFESSIONALS NOR DOE WE CHECK OR ENFORCE PROPER LICENCE REQUIREMENTS and INSURANCE WARRANTIES. However, each Customer should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. We recommend you confirm these licensing requirements and Insurance warrantiies with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. We always recommend that you ask the Professional to provide you with a copy of their license.
- Personal Information; User Accounts.
Collection of your Personal Information.
- Account, Password and Security.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Spooce Platform. You are solely and fully responsible for all activities that occur under your password or account, except that Sprooce may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. Sprooce has no control over the use of any User’s account by the User or third parties 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 must contact us immediately at firstname.lastname@example.org. Nothing in this section shall affect Sprooce’s rights to limit or terminate the use of the Sprooce Platform, as provided below in section.
- Proof of Identity.
You will provide us with such proof of identity as we may reasonably request from time to time.
- Text Messages and Phone Calls.
By using the Sprooce platform, you expressly consent and agree to accept and receive communications from us, text (SMS) messages, calls, push notifications and other reasonable means at any of your contact numbers or addresses, in order that we may provide the services set forth on the Sprooce Platform, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by Sprooce, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of Sprooce, its affiliates, subsidiaries, parents and/or Users/Professionals, including but not limited to: operational communications concerning your account or use of the Sprooce Platform or Services, updates concerning new and existing features on the Sprooce Platform, communications concerning promotions run by us, and news concerning Sprooce and industry developments.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO SPROOCE AND THE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES.
Sprooce may send you confirmation and other transactional emails regarding the Professional Services. Sprooce and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
Sprooce charges a fee for every quote submitted for the ability to connect a provider with a customer. Payments for projects must be discussed between the customer and service provider and actual payment and terms therein are the sole responsabilty of both these parties.
8. Dormant Account Service Charge.
An account is considered dormant/inactive if it has had no activity for a period of twelve (12) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Dormant Account will be closed automatically after 12 months.
9. Term of agreement.
This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
10. Termination by Sprooce.We may terminate this Agreement or terminate or suspend your right to use the Sprooce Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Sprooce Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, “Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Sprooce Platform due to any Prohibited Conduct, we will refund in full ewallet balances. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your 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. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Sprooce may delete the account and all the information in it. You have no ownership rights to your account.
11.Termination by You.
You may terminate this Agreement by completely and permanently ceasing to use the Sprooce Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the Sprooce Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by Sprooce.
12. Policy for Service Cancellation by Professional.
When a Professional cancels a scheduled Professional Service appointment, they must notify the customer immediately.
13. Policy for Service Cancellation by Customer.
When a Customer cancels a scheduled Professional Service appointment, they must notify the Professional immediately. Professionals apply contact Sprooce to get a refund on the quote fee..
The Sprooce Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users and with Sprooce (collectively, “Submission Areas”). Some areas in the Submission Areas within the Sprooce Platform will be public and Sprooce will not be responsible for any information or materials posted in such public areas. Sprooce may, in its discretion, publicly post submissions you submit to a non-public area of the Sprooce Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. “Your Information” is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Sprooce Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: You hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the Sprooce Platform, including but not limited to all images, videos, musical works and text included in such postings and to such other persons and/or entities as Sprooce may designate. The rights you grant in this license are for the limited purpose of operating, advertising, marketing, promoting, and improving the Sprooce Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.
15. Rules for Use of the Sprooce Platform.
During the term of this Agreement, Requesters may use the Sprooce Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Sprooce Platform to request Professional Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use the Sprooce Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Professional Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time. Professionals agree to provide Professional Services in accordance with all applicable laws and regulations and with the Service Agreement. You shall NOT use the Sprooce Platform (including but not limited to any Submission Areas) to do any of the following:
a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
c.Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
d.Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
e.Use the Sprooce Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, national, or international law.
f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
g. Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Sprooce Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Professional Services facilitated through the Sprooce Platform without express written permission from us.
h. Use the Sprooce Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent
i. Conduct or forward surveys, contests, pyramid schemes, or chain letters.
j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
k. Post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly prohibited.
l. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Sprooce Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
m. Restrict or inhibit any other User from using and enjoying the Sprooce Platform.
n. Imply or state that any statements you make are endorsed by us, without our prior written consent.
o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Sprooce Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Sprooce Platform in any manner, or attempt to do any of the foregoing.
p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
q. Upload content 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.
r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
s. Register to use the Sprooce Platform under different usernames or identities, after your account has been suspended or terminated.
t. Mirror or archive any part of the Sprooce Platform or any content or material contained on the Sprooce Platform without Sprooce’s written permission.
u. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
v. Alter transmission data without Sprooce’s consent
w. Purchase Merchandise for the purposes of reselling it.
16. No Employment.
Sprooce provides a software platform which allows you to connect with independent Professionals. Sprooce is not the employer of any Professional. You acknowledge that we do not supervise, direct, or control a Professional’s work or Professional Services performed in any manner. A Professional provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of Sprooce for any purpose whatsoever.