‘Love You Lots Oath’
The DownUnder ‘Love You Lots Oath’ Terms
Last updated: August 24, 2019
The DownUnder Love You Lots Oath (“Love You Lots Oath” or “Oath”) is a part of DownUnder Terms And Conditions (Capitalised terms not defined herein shall have the definitions set forth in DownUnder’s Terms And Conditions). Nothing in the DownUnder Love You Lots Oath shall be construed to contradict or otherwise invalidate any part of DownUnder’s Terms And Conditions or Lock And Key Policy, which remain in full force and effect.
The DownUnder Terms And Conditions contain a binding arbitration provision and class action waiver which are applicable to this Lock And Key Pledge and affect your legal rights. Please read the arbitration and class action waiver provisions carefully. You acknowledge and agree that by using the DownUnder platform, you have read, understand, and agree to be bound by the Terms And Conditions (including the arbitration provision and class action waiver), the Lock And Key Policy, and the terms of this Love You Lots Oath (together, the “agreement”).
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What is the “Love You Lots Oath”?
DownUnder is a technology platform that allows Users to connect with each other so they can be their most productive selves. Croo people determine what categories they are qualified to task in, and scope the Job directly with their Client. Clients are advised to confirm with their Croo people that they qualified to perform the Job prior to the Job taking place. DownUnder does not oversee, monitor, or direct how a Croo person performs a Job, does not monitor Job or chat threads between Users, and does not otherwise oversee or assume responsibility for the actions of Users. DownUnder is not liable for the acts or omissions of Users, nor does DownUnder insure or provide insurance against any losses sustained by Users. That said, DownUnder wants Users to be happy about their experience using the DownUnder Platform, and the Love You Lots Oath is in place to encourage continued use of the DownUnder Platform.
If Users fail to resolve an issue between themselves, and subject to the terms, exclusions and limitations set forth in the Agreement (including this DownUnder Love You Lots Oath), DownUnder may offer the following in its discretion on a case-by-case basis:
1. Clients up to USD One Million Dollars ($1,000,000)? (Pending general Liability guidelines for DownUnder) per occurrence for Property Damage arising as a direct result of Negligence of a Croo person during performance of a Job through the DownUnder Platform;
2. Users up to USD Ten Thousand Dollars ($10,000) per occurrence for Bodily Injury sustained by a User who did not cause the injury, as a direct result of Negligence by another User during the performance of a Task through the DownUnder Platform;(?)
3. Clients up to USD Ten Thousand Dollars ($10,000) per occurrence for Theft of a User’s property by a Tasker during performance of a Task through the DownUnder Platform.
Terms and Conditions: In order to be eligible for payment under the DownUnder Love You Lots Oath, Users must comply with the following terms and conditions:
· The Job giving rise to the Love You Lots Oath Claim (“the Claim”) did not require a licensed professional to perform (e.g., this could include plumbing, electrical, medical professionals, legal work, notaries public, licensed general contractors, exterminators, etc);
· The Job giving rise to the Claim must not violate DownUnder’s Terms And Conditions;
· You must not have violated our Terms And Conditions;
· The Job giving rise to the Claim must have been matched through the DownUnder Platform, performed by the hired Croo person, and paid for in full via the DownUnder Platform;
· You must submit a DownUnder Love You Lots Oath Form within fourteen (7) days of the performance of the Job giving rise to the Claim;
· Before submitting a DownUnder Love You Lots Oath you must first make a good faith attempt to resolve the issue directly with the User(s) involved;
· You must not have submitted a separate Love You Lots Oath Claim within ninety (90) days prior to the occurrence of the Job giving rise to the Claim; and
· Your DownUnder account is in good standing, with no outstanding or pending balances owed to DownUnder or other Users.
What is excluded from the Love You Lots Oath?
The DownUnder Love You Lots Oath does not cover losses or damages to property or bodily injury or loss arising from or in any way related to any of the following (the “Excluded Losses”):
· Losses arising from operation of any motor vehicle, bicycle, aircraft or watercraft by a User;
· Losses arising out of any intellectual property claim;
· Losses arising out of interruption of business, loss of market, loss of income and/or loss of use, unemployment compensation, losses associated with the unauthorized access to Electronic Data, or any other indirect, consequential or special damages;
· Losses for property damage exceeding the original value or replacement value (whichever is the lesser), less any standard depreciation;
· Losses to Ineligible Property;
· Client losses arising from Negligence of a Client or third party;
· Croo person losses arising from Negligence of a Tasker or third party;
· Losses arising from a manufacturer’s or a product’s defects, or from pre-existing damages or conditions of the item or property, normal wear and tear, or deterioration;
· Losses arising from items (including but not limited to tools) supplied by the Client or resulting from Client’s recommendations or instructions (i.e. if a manufacturer recommends affixing furniture to a wall and a Client declines to have furniture affixed, or Client directs Croo person to perform the Job in a manner that results in damages);
· Losses that are a normal part of or natural result of the Job undertaken;
· Losses arising from intentional acts, including but not limited to: (i) assault and battery, (ii) sexual abuse or molestation, (iii) identity theft or fraud;
· Losses directly or indirectly arising out of flooding, water damage or relating to mildew, mold, fungi, spores, or other bacteria or microorganisms of any type, nature or description, including but not limited to any substance whose presence poses an actual or potential threat to human health;
· Losses beyond the specific damaged area (i.e. if the Job caused a scratch in the floor, the Love You Lots Oath will address repairs to the scratched area only);
· Losses arising from products containing or causing hazardous or harmful materials, communicable diseases, acts of terrorism, pollution, or product liability;
· Displacement costs, including hotel and other accommodations;
· Losses arising out of acts of nature, including but not limited to: pollution, earthquakes, and weather-related events such as rain, wind, etc.;
· Losses resulting from cancellation by a Croo person, including increased costs associated with re-booking a new Croo person or hiring a third party ;
· Losses resulting from theft without a valid police report;
· Losses reported more than 7 days after the Job took place; and
· Losses with insufficient documentation.
Insurance
You understand and agree that the Love You Lots Oath is not insurance, and that no User or third party is an insured or third party beneficiary under the terms of any DownUnder insurance policy.
DownUnder has the right to subrogate against any person or entity who may be responsible for causing the Losses giving rise to a Claim, including Users or any third party. By making a Claim under this Love You Lots Oath you agree you will assist in and cooperate fully with any actions taken by DownUnder or its agents to subrogate a Claim.
If you carry insurance that would cover you in the event of a Claim, including but not limited to renter’s insurance, homeowner’s insurance, medical insurance, or an umbrella policy (“Personal Insurance”), you must seek compensation for Losses from your Personal Insurance, prior to seeking compensation by way of the Love You Lots Oath. The Love You Lots Oath will only compensate for Losses to the extent not otherwise covered by your Personal Insurance. DownUnder has the right to provide a User’s contact information to an insurance company or to another User in order to facilitate a resolution of a Claim.
How do I submit a Love You Lots Oath Claim?
To submit a claim, please complete the DownUnder Love You Lots Oath Form within seven (7) days of the performance of the Job giving rise to the Claim. Payment requests are subject to the terms and conditions noted herein. All Love You Lots Oath Claims will be reviewed on a case-by-case basis.
During our Claims assessment process, you agree to (i) protect and preserve any damaged property that is the basis of a Claim from further damage; (ii) assist or allow DownUnder or its agents access to make copies, photographs and recordings of anything relating to the Claim; (iii) allow DownUnder or its insurers access to inspect anything relating to the Claim (iv) accept repairs by a Croo person first; (v) accept a replacement only if repairs are proven not to be an option; (vi) submit requested materials by the dates outlined by the DownUnder Support or Resolutions Teams; and (vii) accept a replacement item subject to the standard depreciation of that item.
If any part of your Love You Lots Oath Claim is approved, then as a condition to any payment to you under the DownUnder Love Lots Oath , you will be required to execute and deliver to DownUnder the “DownUnder Resolution Process”, which includes your agreement:
· To assign to DownUnder or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved Claim from any person or entity that is financially responsible for the approved Claim;
· To reasonably cooperate with us, including, at our request, appearing as a witness in any litigation, arbitration, or like proceeding, if we seek to recover from any person or entity the amount paid to you with respect to an approved Claim;
· To comply with all deadlines communicated by the DownUnder Support at hello@godownunderusa.com in connection with a Claim;
· To release and hold harmless DownUnder and its parents, affiliates, licensors, or any of such parties’ directors, officers, shareholders, agents, investors, subsidiaries, attorneys, representatives, insurers, employees, independent contractors, successors and assigns, from any further liability or obligations with respect to the facts and circumstances of the matters set forth in the Claim;
· To treat as confidential the resolution of your Claim and the contents of the DownUnder Resolutions Agreement; and
· To refund to DownUnder any amounts that DownUnder determines to have been erroneously paid to you with respect to an approved Claim.
Miscellaneous
This DownUnder Love You Lots Oath and the DownUnder Terms And Conditions and constitute the entire agreement between DownUnder and DownUnder Users, and replace any and all prior, oral or written understandings or agreements. No person, entity or agent, including any User or any DownUnder employee, may alter the terms of this Love You Lots Oath. Users may not assign or transfer the Terms And Conditions of the Love You Lots Oath, and no party shall be a third party beneficiary of these terms.
The terms of this Love You Lots Oath are not intended to and shall not be construed to give any person or entity other than a User of the Love You Lots Oath platform any interest or rights (including, without limitation, any third party beneficiary rights) with respect to or in connection with any agreement or provision contained herein or contemplated hereby. The DownUnder Love You Lots Oath shall be governed by the laws of the State of New York without regard to its conflict of law provisions. DownUnder reserves the right, in its sole and absolute discretion, to eliminate the Love You Lots Oath altogether or change, modify or delete any of the terms of this Love You Lots Oath at any time, effective with or without prior notice and without any liability to DownUnder. DownUnder will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Love You Lots Oath are unacceptable to you, you must deactivate, and immediately stop using, the DownUnder Platform. Your continued use of the DownUnder Platform following any revision to this DownUnder Pledge constitutes your complete and irrevocable acceptance of any and all such changes.
Defined Terms
"Bodily Injury" means physical injury, sickness or disease sustained by any person, including but not limited to death resulting from any of these.
"Love You Lots Oath Claim” means a dispute resulting in Property Damage, Bodily Injury or Theft which is submitted via the DownUnder Love You Lots Oath Form pursuant to the terms and conditions set forth herein.
“Ineligible Property” means cash or other currency, animals, fine art (paintings, photos, pictures, textiles, sculptures or other mediums of art, antiques, precious stones or metals and similar property of rare or historical value); electronic data (data or information stored electronically or in digital format including data, information, audio, video, files, databases, software, systems, applications, tapes, drives, cloud storage or data processing devices); damage to common areas; and/or items of sentimental value like heirlooms or photographs beyond the straight replacement value.
"Losses" means any Property Damage, Bodily Injury or Theft other than Excluded Losses.
“Negligence” means a finding by DownUnder, in its sole discretion, that a User’s action or omission (a) breached a duty to other Users during the performance of a Job and (b) was the proximate cause of that User’s actual damages.
"Property Damage" means physical damage to, loss, or destruction of tangible property.
"Theft" means the intentional and fraudulent taking by one User of another User’s tangible personal property without permission or consent of the owner, with intent to convert it to another’s use.