TERMS AND CONDITIONS

PLEASE READ THESE USER TERMS SIGNATORY CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR SERVICE.

These Terms of Use apply to your visit to and your use of our website at www.labormeapp.com and www.labormeapp.com/valetme (the "Website"), the Service and the Application (as defined below), as well as to all information, recommendations and/or services provided to on or through the Website, the Service and the Application. LABORME reserves the right to modify, amend or change the Terms of Use at any time it deems appropriate. Such modifications, amendments and/or changes will be considered acknowledged and agreed by you upon continued use of our Website, Application and/or Service.

If you object to anything in these Terms of Use or the Privacy Policy, you are not permitted to use the Website, Application and/or Service.

LABORME

LABORME NOW PTE. LTD. (UEN-Company Number: 201524472M) is a private limited Company registered with the Accounting and Corporate Regulatory Authority in Singapore, located at 138 Cecil Street 12-02/03, Cecil Court Singapore 069538. VALETMENOW (“VALETME”) is a product developed and managed by the Company and is not a legal entity on its own. For the avoidance of doubt, both the Company and VALETME will be collectively referred to as “LABORME”.

The LABORME and VALETME mobile application (collectively known as the “Application”) – which can be downloaded and installed on a mobile device, is a lead generation mobile application software that connects individuals and/or legal entities (“Customers”) who are in need of services (“Tasks”) with independent service providers (“Taskers”) seeking to perform tasks . Customers and Taskers together are hereinafter referred to as “Users”. All Service provided by LABORME and Website by means of the respective Application are hereafter referred to as the “Service”.

You acknowledge that LABORME is a lead generation mobile platform and not a provider of services. You also acknowledge that all products developed and managed by LABORME, including VALETME are subjected to the same agreement and will constitute to a legal agreement between You and LABORME.

In order to use LABORME and/or VALETME Services, you must agree to the terms and conditions that are set forth below. Upon your execution (electronic or otherwise) of this Agreement, You and LABORME shall be legally bound by the terms and conditions set forth herein.

GENERAL

This Agreement shall be governed by the laws of Singapore, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Application and/or Service shall be subject to the exclusive jurisdiction of the courts of Singapore to which you hereby agree to submit to.

In the event that the law in an Alternate Country does not allow jurisdiction to be that of the courts of Singapore or where judgment of a Singapore court is unenforceable in the Alternate Country, unresolved disputes shall be referred to the Singapore International Arbitration Centre (‘SIAC’), in accordance with the Rules of the SIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the Parties (the “Arbitrator”). If Parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules.

The seat and venue of the arbitration shall be Singapore, in the English language and The fees of the Arbitrator shall be borne equally by the Parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

No joint venture, partnership, employment, or agency relationship exists between you, LABORME or any third party provider as a result of the Terms of Use or use of the Service. If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above. The failure of LABORME to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LABORME in writing. The Terms of Use comprises the entire agreement between you and LABORME and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

You hereby agree that LABORME is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require LABORME to compensate, reimburse or cover any cost incurred by you in the course of you acquiring Services from the Customer under this Agreement.

AS INTERMEDIARY

The Application is a platform that facilitates the need for tasks to be done and the provision of it between Customers and Taskers. LABORME is not, however, 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 Taskers, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. LABORME does not have control over the quality, timing or legality of Tasks delivered by its Taskers. LABORME makes no representations about the suitability, reliability, timeliness, or accuracy of the Tasks requested and provided by Users identified through the Service whether in public, private, or offline interactions.

For the avoidance of doubt: LABORME acts only as intermediary between the Customer and User. Therefore, the provision of Service by the Tasker to the Customer is subjected to the agreement (to be) entered into between Customer and Tasker. LABORME shall not be a party to an agreement of such.

SCREENING OF ALL USERS

Taskers will be subjected to a screening process for safety, credibility and security reasons. The process can be conducted over phone or in person to verify personal information that has already been provided. LABORME endeavours to provide reliable, safe and verified Taskers to all our Users but makes no representations about the suitability, reliability, timeliness, or accuracy of the Tasks requested and provided by Users identified through the Service whether in public, private, or offline interactions.

Customers will be subjected to a screening process for the purpose of creating a safe environment for all our Users. Information submitted will be checked for offensive language and other reasons that might otherwise create unhappiness within the community.

LABORME reserves the right to reject any User who do not meet the requirements of our screening process and / or suspend any User who are found to have violated the terms of use during the creation of his / her account and the use of the Application and/ or services.



1. USE OF THE APPLICATION SERVICES

  1. 1.1. USER ID

    You will be required to register an account with LABORME in order to use the Application. Your login credentials will allow you to gain access to LABORME and VALETME services. LABORME reserves to right to suspend your account if you are found to breach any clauses described in these terms. You agree that you will maintain your User ID in confidence and such information shall not be shared with any third party. Any suspected breach in such confidential information shall be made known to LABORME immediately.

  2. 1.2. PROVISION OF SERVICES

    As a Tasker, you will be able to browse and bid for nearby tasks on your mobile device while the Application is active. You will decide if the tasks can be performed by you and you will only bid on those that you are sure you can perform. Your bid is successful when the Customer has accepted your bid. LABORME and/or VALETME will then send you information including but not limited to:

    1. Registered Handle of the Customer
    2. Task Location
    3. Time
    4. Date

    As a Customer, You will have the discretion to decide which Tasker you wish to accept and the price they have bidded for. If your offer is successful and You award your task to a particular Tasker, LABORME and/or VALETME will send you information including but not limited to:

    1. Registered Handle of the Customer
    2. Tasker location (s)
    3. Time
    4. Date

    LABORME recommends that You use the in-application messaging function to find out more details about your task if the information provided is not sufficient for you. You acknowledge that once you successfully won the bid for a task, LABORME and/or VALETME will disclose certain information about you, including but not limited to:

    1. Your Handle Name
    2. Profile Picture
    3. Contact Information
    4. Location

    You further agree that you will:

    1. Not use such confidential information provided to you by LABORME other than to carry out the services for which you will provide or are obtaining.
    2. Be solely responsible for determining the most efficient, effective and safe manner to perform each task that you are awarded.
    3. Bear all expenses for any material, equipment or tools required for completing the task, to be agreed between you and the Customer before you carry out the service.
    4. Be solely responsible for all damages caused by you during the process of providing your service or obtaining it and neither LABORME nor VALETME shall be held liable for such damages arising during the course of you providing your services.

  3. 1.3. YOUR RELATIONSHIP WITH USERS

    You acknowledge and agree that your provision and obtaining of services will create a direct business relationship between you and the User. LABORME is not responsible or liable for the actions or inactions of a User in relation to you or your activities. You shall have the sole responsibility for any obligations or liabilities to Users or third parties that arise from your provision and obtaining of Services. You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper regarding any acts or omissions of a User or third party. You acknowledge and agree that the Company may release your contact and/or insurance information to Users upon reasonable request.

    As a Tasker, You further agree to the following:

    1. You acknowledge and agree that unless specifically consented by the User, you may not transport or allow individuals other than the ones consented to by the User.
    2. You will not invite or include individuals other than the ones consented to prior to the provision of your services by the User.
    3. You will not deviate from the course of providing your services by stopping, making detours or extending the length of your service unless it is absolutely necessary in order to complete your task.
    4. You will not use the information provided to you through the use of the application to communicate or contact the User other than for the purpose of carrying out your services.
    5. LABORME will not be liable for damages caused and sustained by you during the process of providing your services.

    As a Customer, You further agree to the following:

    1. You will not request your Tasker to provide additional services other than that of which is requested by you originally, as described in your Task.
    2. In the event that you require your Tasker to perform additional services outside of those requested by you originally as described in your Task, it will constitute to a private agreement between You and Your Tasker and subject to your Tasker’s agreement. LABORME will not be part of that agreement and /or any dispute that may arise from such an agreement.
    3. You will not use the information provided to you through the use of the application to communicate or contact the Tasker other than for the purpose of obtaining your services.
    4. LABORME will not be liable for damages caused and sustained by you during the process of providing your services.

  4. 1.4. YOUR RELATIONSHIP WITH THE COMPANY

    You acknowledge and agree that LABORME’s provision to you of the Application and Service creates a direct business relationship between You and LABORME. LABORME does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision and obtaining of services, your acts or omissions, or your operation of your services.

    You retain the sole right to determine when, where and for how long you will utilise the Application or the Service. You retain the option, through the LABORME Application, to accept or decline bids or to cancel an ongoing Task, subjected to LABORME’s ongoing cancellation policies. With the exception of any signage required by local law, LABORME shall have no right to require you to display LABORME or VALETME’s logos and colors, or wear a uniform or any other clothing displaying LABORME or VALETME’s logos or colors.

    You further agree to the following:

    1. The use of the Application and/or Service is solely for your own personal use;
    2. You will not allow or authorize others to use or access your account;
    3. You will not use any account other than the one assigned and authorize to you specifically;
    4. You will not use the Application and/or Service to store or conduct unlawful and criminal activities such as
    5. Money laundering or transferring of monetary deposits with fraudulent origins.
    6. Transportation of narcotics and illegal substances
    7. Transporting explosives, radioactive material, corrosive substances, firearms, flammables
    8. Unlawful solicitation of services that would constitute the act to be illegal in Singapore.
    9. You will not cause nuisance, annoyance, inconvenience to other Users while using the Application/or Service;
    10. You will not, regardless of intention, attempt to harm or cause damage to the Application and/or Service;
    11. You will not use the Application and/or Service for any other purpose other than what it is intended to be used for;
    12. You will not use the Application and/or Service for the purpose of advertising and/or promoting your services and/or products, as well as those of others individuals, businesses and/or users;
    13. You will keep your account details and password secure, and that all information we provide you in order to use the Application and/or Service will be treated the same;
    14. You will provide us with proof of identity that we may reasonably require;
    15. You agree that all information provided to us upon request is true, accurate and complete at all times and we reserve the right to terminate your use of the
    16. Application and/or Service if the above information were to be untrue, inaccurate and incomplete;
    17. You will not copy or distribute the Application and/or Service without any formal written permission from LABORME;
    18. You will only use an access point or data account (“AP”) which you are authorized to use;
    19. You will comply with the applicable laws and jurisdiction of your home country and those of the country you reside or are present in when using the Application and/or Service.


  5. 1.5. CARRIAGE OF GOODS

    LABORME shall not accept certain goods for carriage or storage, including, but not limited to, any of the following goods:

    1. Explosives, poisons, radioactive material, compressed gas, corrosive, firearms, flammables and any item which by its nature can potentially cause damage to other items or expose regulatory and customs officers to injury;;
    2. Live goods such as living animals and plants e.g. bees, leeches, silkworms, orchids and roses;
    3. Narcotics and psychotropic substances;
    4. Obscene or immoral articles/materials;

    After a Task is confirmed, if LABORME is unable to contact the User for further instructions on re-deliveries, the goods shall be held by LABORME at a central storage facility, at the User’s sole risk. LABORME shall not be held liable for damage, theft or misplacement of the goods. LABORME reserves the right to impose storage charges on the stored item(s) at a fee of SGD30.00 per day of storage. Goods shall only be kept for a maximum of 7 days and after which, if remains unclaimed, shall be held as company property thereafter.

2. RATINGS

  1. You acknowledge and agree that after each Task is completed, the User will be prompted by the Application to provide a rating of you and your services and to provide (optional) comments and/or feedback about You and your services. You will be prompted by the Application to provide a rating of the User and to provide (optional) comments and/or feedback about the User. You shall provide your ratings and feedback in good faith.

  2. You acknowledge that in order to maintain the highest level of service quality, LABORME requires that our Taskers maintain or exceed the average rating established by LABORME, as may be updated and changed at the sole discretion of LABORME. Your rating is intended to gauge the satisfactory level of Users with the services you provide and will also increase the chances of you being selected for the task. In the event that your rating falls below the minimum standard, LABORME will notify you and provide you, at LABORME’s sole discretion, a period of time to improve your ratings. If your rating has not been raised to the minimum standards within the stipulated time provided, LABORME reserves the right to deactivate your account and suspend your role as a Tasker within the community. You also acknowledge that repeated cancellations will also result in a temporary suspension of your access to the Application (refer to cancellation policy), LABORME reserves the right to deactivate your account and suspend your role as a Tasker within the community.

  3. LABORME reserves the right to share and display your and User ratings and comments in any manner in connection with the business of LABORME and its affliates without attribution to you or your approval. You acknowledge that LABORME and its associate companies are allowed to distribute, publish and edit such information in the event that such comments contain obscenities and objectionable content, or personal information, violation of privacy laws and other applicable laws or LABORME’s or its affliliates’ content policies.

3. DEVICE

LABORME will not provide any devices for you and will require you to be in possession of a mobile device running either Android or iOS software. You will be responsible for the full cost and acquisition of your personal device. The Application requires either a wireless data plan or WIFI access for it to serve its full purpose and You must have either to make full use of all the features of the Application. You agree and acknowledge that without a wireless data plan or WIFI access, or in the event it is not maintained or renewed when required, the Application would not be supported to its full extent and LABORME takes no responsibility for any loss of entertainment or income derived from such an incident occurring. LABORME recommends that your wireless data plan or WIFI access be suitable for high consumption limits as LABORME takes no responsibility or shall be held liable for any fees, costs, or overdue charges associated with any data plan.


4. LOCATION BASED SERVICES

You acknowledge and agree that your geo-location information must be provided to LABORME through the device in order to provide or obtain your services. Your geo-location may be obtained by LABORME while the Application is running and your approximate location will be displayed to Users before and during the provision of your services. In- addition, LABORME and its Associated Companies may monitor, track and share with third parties the geo-location information provided by the Application for safety and security purposes.


5. FINANCIAL TERMS

  1. 5.1. TASKER FEE CALCULATION AND PAYMENT

    LABORME uses a bidding model which allows you to bid for each Task at your own discretion and price. You are entitled to charge a fee for the services provided by you using the Application except for VALETME services. The final amount will be confirmed upon the User’s acceptance of your bid amount relative to their offer price. In the case for VALETME, fees are detailed at http://labormeapp.com/valetme/. You acknowledge and agree that the fee derived by VALETME will be subjected to LABORME’s commission cut of 25% before the amount is credited to You. You agree and acknowledge that the fees detailed at http://labormeapp.com/valetme/ is the only payment you will receive in connection for your services provided under VALETME and other other form of gratuity or monies offered shall not involve LABORME, nor shall LABORME be responsible for any miscommunication and damages that may arise from such an arrangement.

  2. 5.2. COMMISSION AND CHANGES

    In consideration of LABORME’s provision of the Application and Service for your use and benefit, you acknowledge that LABORME reserves the right to charge you a commission fee for each Task, calculated as a percentage of the Task value and/or the fee (in the case of VALETME where the fee is a fixed variable amount) that LABORME has deem appropriate. LABORME also reserves the right to change the value of commission at anytime, at LABORME’s sole discretion, based on market factors. You will be notified duly before such changes are implemented and you will be given the option to continue or reject the existing Services. Continued use of the Application and/or Service after any such change in the service fee calculation shall constitute Your consent to such change.

  3. 5.3. CANCELLATION FEES AND PENALTIES

    1. 5.3.1. You acknowledge and agree that Users may choose to cancel Task request after they have been accepted. In the event that the Customer decides to cancel a request accepted by you, LABORME will charge them a cancellation fee on your behalf if it falls within our cancellation fee parameters. If charged, this cancellation fee shall be deemed the fee for the service you intend to provide and accepted for the purpose of remittance to you.

    2. 5.3.2. In the event that you (Customer) decide to cancel a Task, LABORME reserves the right to impose penalties as follows:

      Time till task starts Penalty
      Task Started 100%
      60 minutes or less SGD 5.00 or 25% (whichever is higher)
      More than 60 minutes SGD 5.00
    3. 5.3.3. LaborMe is not associated with any of the merchants listed on our Application and / or Website. Therefore, LABORME will not assist in the recovery or return of goods should they be damaged, in poor condition, bought in wrong quantity or in any way that differs from the requirements of the Customer. This dispute shall be resolved between the Customer and the Tasker as part of the agreement in which both parties have entered into and LABORME shall not be a party to an agreement of such.
    4. 5.3.4. In the event that you (Tasker) decide to cancel a Task, LABORME reserves the right to impose penalties as follows:

      Time till task starts Penalty
      60 minutes or less Blockout (Cannot bid) period of 3 hours
      More than 60 minutes Blockout period of 1 hours
      Max no. of cancellations Over (period) Penalty
      3 5 days
      (from the first cancellation)
      Account suspended (call customer service)


  4. 5.4. NO ADDITIONAL AMOUNTS

    You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, LABORME and its Associated Companies may seek to attract new Users to LABORME and VALETME and to increase existing Users’ use of the LABORME and VALETME mobile application. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this Agreement.

  5. 5.5. TAXES

    You acknowledge and agree that you are required to:
    1. Complete all tax registration obligations and calculate and remit all tax liabilities related to your provision of Services as required by applicable law;
    2. And provide LABORME with all relevant tax information
    3. Be responsible taxes on your own income arising from the performance of Services.


    Notwithstanding anything to the contrary of this Agreement, LABORME may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from your provision of Services and/or provide any of the relevant tax information you have provided pursuant to the foregoing requirements in this section 5.6 directly to the applicable govermental tax authorities on your behalf or otherwise.


  6. 5.6. FURTHER AGREEMENT

    1. You may choose to effect payment through credit and/or debit card (“Card”);
    2. You will be required to provide a valid Card, registered to you upon registration;
    3. If the Card belongs to another individual or legal entity, you warrant that you have obtained the appropriate permission in order to use the Card;
    4. We reserve the right to verify and authorize your Card detail by processing a pre-authorization check, of which the amount will be returned to you upon successful verification;
    5. You acknowledge that the option of “Auto-Accept Bid” set as your default bid option which allows you to accept the first bid that falls into the amount you have indicated;
    6. Payment will be taken from the Customer and the amount will only be released after the task is completed and is non-refundable;
    7. Payment to the Tasker will be released upon selecting “Get Paid Now”, with the option of selecting one or multiple payments.. Fees for such payments can be found here;
    8. LABORME reserves the right to suspend and terminate any account that is reasonably believed to be conducting unlawful, criminal, and/or fraudulent activities;
    9. You agree to assist and cooperate in the event of a financial screening, and render your help in order for us to comply with any prevailing laws and/or regulations;
    10. All disputes, complaints between Customer and Taskers are to be resolved between the two parties and LABORME will not be held responsible for any complaints and disputes in the event of one;


6. PROPRIETARY RIGHTS; LICENSE

  1. 6.1. LICENSE GRANT

    Subject to the terms and conditions of this Agreement, LABORME hereby grants you a non-exclusive, non-transferable, non-sublicensable, non-assignable license, during the term of this Agreement, to use the Services (including the Application on a Device) solely for the purpose of providing and/or obtaining your Services to Users and tracking resulting Fares and Fees. All rights not expressly granted to you are reserved by LABORME, its Associated Companies and their respective licensors.

  2. 6.2. RESTRICTIONS

    You shall not, and shall not allow any other party to: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the LABORME Services, Application or any Device in any way; (b) modify or make derivative works based upon the LABORME Services or Application; (c) improperly use the LABORME Services or Application, including creating Internet “links” to any part of the LABORME Services or Application, “framing” or “mirroring” any part of the LABORME Services or Application on any other websites or systems, or “scraping” or otherwise improperly obtaining data from the LABORME Services or Application; (d) reverse engineer, decompile, modify, or disassemble the LABORME Services or Application, except as allowed under applicable law; or (e) send spam or otherwise duplicative or unsolicited messages. In addition, you shall not, and shall not allow any other party to, access or use the LABORME Services or Application to: (i) design or develop a competitive or substantially similar product or service; (ii) copy or extract any features, functionality, or content thereof; (iii) launch or cause to be launched on or in connection with the LABORME Services an automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the LABORME Services; or (iv) attempt to gain unauthorized access to the LABORME Services or its related systems or networks.

  3. 6.3. OWNERSHIP

    The LABORME Services, Application and Company Data, including all intellectual property rights therein, and the Devices are and shall remain (as between you and LABORME) the property of LABORME, its Associated Companies or their respective licensors. Neither this Agreement nor your use of LABORME Services, Application or Company Data conveys or grants to you any rights in or related to the LABORME Services, Application or Company Data, except for the limited license granted above. Other than as specifically permitted by LABORME in connection with the LABORME Services, you are not permitted to use or reference in any manner LABORME’s, its Associated Companies’, or their respective licensors’ company names, logos, products and service names, trademarks, service marks, trade dress, copyrights or other indicia of ownership, alone and in combination with other letters, punctuation, words, symbols and/or designs (the "LABORME Marks and Names") for any commercial purposes. You agree that you will not try to register or otherwise use and/or claim ownership in any of the LABORME Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark, name or title, for any goods and services.


7. CONFIDENTIALITY

  1. 7.1. Each party acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party ("Confidential Information"). Confidential Information includes Company Data, User IDs, User Information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party (whether disclosed in writing or verbally) that such party designates as being proprietary or confidential or of which the other party should reasonably know that it should be treated as confidential.

  2. 7.2. Each party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) it shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement; (c) it shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents and service providers ("Permitted Persons") as necessary to perform under this Agreement, provided Permitted Persons are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms hereof; and (d) it shall return or destroy all Confidential Information of the disclosing party, upon the termination of this Agreement or at the request of the other party (subject to applicable law and, with respect to the Company, its internal record-keeping requirements).

  3. 7.3. Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the receiving party; (b) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (c) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure.


8. PRIVACY

  1. 8.1. DISCLOSURE OF YOUR INFORMATION

    Subject to applicable law, the Company and its Associated Companies may, but shall not be required to, provide to You, a User, an insurance company and/or relevant authorities and/or regulatory agencies any information (including personal information (e.g., information obtained about You through any background check) and any Company Data) about You or any Services provided hereunder if: (a) there is a complaint, dispute or conflict, including an accident, between You and a User; (b) it is necessary to enforce the terms of this Agreement; (c) it is required, in the Company’s or any Affiliate’s sole discretion, by applicable law or regulatory requirements (e.g., the Company or its Associated Companies receive a subpoena, warrant, or other legal process for information); (d) it is necessary, in the Company’s or any Affiliate’s sole discretion, to (1) protect the safety, rights, property or security of the Company or its Associated Companies, the LABORME Services or any third party; (2) to protect the safety of the public for any reason including the facilitation of insurance claims related to the LABORME Services; (3) to detect, prevent or otherwise address fraud, security or technical issues; (4) to prevent or stop activity which the Company or any of its Associated Companies, in their sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity); or (e) it is required or necessary, in the Company’s or any Affiliate’s sole discretion, for insurance or other purposes related to your ability to qualify, or remain qualified, to use the LABORME Services. You understand that the Company may retain your personal data for legal, regulatory, safety and other necessary purposes after this Agreement is terminated.

  2. 8.2. The Company and its Associated Companies may collect your personal data during the course of your application for, and use of, the LABORME Services, or may obtain information about you from third parties. Such information may be stored, processed, transferred, and accessed by the Company and its Associated Companies, third parties, and service providers for business purposes, including for marketing, lead generation, service development and improvement, analytics, industry and market research, and such other purposes consistent with the Company’s and its Associated Companies’ legitimate business needs. You expressly consent to such use of personal data.


9. INSURANCE APPLICABLE

  1. 9.1. You agree to maintain during the term of this Agreement on all Vehicles operated by You under this Agreement automobile liability insurance that provides protection against bodily injury and property damage to third parties at levels of coverage that satisfy the minimum requirements to operate a private passenger vehicle on the public roads. This coverage must also include any no-fault coverage required by law that may not be waived by an insured. You agree to provide the Company and its Associated Companies a copy of the insurance policy, policy declarations, proof of insurance identification card and proof of premium payment for the insurance policy required in this Section 9.1 upon request. Furthermore, you must provide the Company with written notice of cancellation of any insurance policy required by the Company. The Company shall have no right to control your selection or maintenance of your policy. You must be a named insured or individually rated driver, for which a premium is charged, on the insurance policy required in this Section 9.1 at all times.

  2. 9.2. You agree to maintain during the term of this Agreement on all Vehicles operated by You under this Agreement an automobile liability insurance that covers the designated driver (You) when providing services under VALETME. Neither LABORME nor VALETME shall be held liable for the provision of insurance, damages caused during the provision of services, injuries or bodily harm, or and unforseen circumstances that may arise due to Your provision of the service.

  3. 9.3. You understand and acknowledge that your personal automobile insurance policy may not afford liability, comprehensive, collision, medical payments, personal injury protection, uninsured motorist, underinsured motorist, or other coverage for the Services you provide pursuant to this Agreement. If you have any questions or concerns about the scope or applicability of your own insurance coverage, it is your responsibility, not that of the Company, to resolve them with your insurer(s).

  4. 9.4. The Company may maintain during the term of this Agreement insurance related to your provision of Services as determined by the Company in its reasonable discretion, provided that the Company and its Associated Companies are not required to provide you with any specific insurance coverage for any loss to you or your Vehicle. You are required to promptly notify the Company of any accidents that occur while providing Transportation Services and to cooperate and provide all necessary information related thereto.


10. PERSONAL DATA PROTECTION

  1. You agree and consent to LABORME using and processing your Personal Data for the purposes and in the manner as identified hereunder.

  2. For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, bank, credit and/or debit card details, race, gender, date of birth, email address, any information about you which you have provided to LABORME in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by LABORME from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.

  3. The provision of your Personal Data is voluntary. However if you do not provide LABORME your Personal Data, your request for the Application may be incomplete and LABORME will not be able to process your Personal Data for the Purposes outlined below and may cause LABORME to be unable to allow you to use the Service.

  4. LABORME may use and process your Personal Data for business and activities of LABORME which shall include, without limitation the following (“the Purpose”):

    1. To perform LABORME’s obligations in respect of any contract entered into with you;
    2. To provide you with any services pursuant to the Terms of Use herein;
    3. To process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
    4. Process, manage or verify your application for the Service pursuant to the Terms of Use herein;
    5. To validate and/or process payments pursuant to the Terms of Use herein;
    6. To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
    7. To process any refunds, rebates and or charges pursuant to the Terms of Use herein;
    8. To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
    9. To respond to questions, comments and feedback from you;
    10. To communicate with you for any of the purposes listed herein;
    11. For internal administrative purposes, such as auditing, data analysis, database records;
    12. For purposes of detection, prevention and prosecution of crime;
    13. For LABORME to comply with its obligations under law;
    14. To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from LABORME, its partners, advertisers and or sponsors;
    15. To notify and invite you to events or activities organised by LABORME, its partners, advertisers, and or sponsors;
    16. To share your Personal Data amongst the companies within LABORME’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding Company of the group (“the Group”) and with LABORME’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

  5. If you do not consent to LABORME processing your Personal Data for any of the Purposes, please notify LABORME using the support contact details as provided in the Application.
  6. If any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application.
  7. We will, to the best of our abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.
  8. By submitting your information you consent to the use of that information as set out in the form of submission and in this Terms of Use.


11. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS

  1. 11.1. BY YOU

    You hereby represent and warrant that: (a) you have full power and authority to enter into this Agreement and perform your obligations hereunder; (b) you have not entered into, and during the term will not enter into, any agreement that would prevent you from complying with this Agreement; and (c) you will comply with all applicable laws in your performance of this Agreement, including holding and complying with all permits, licenses, registrations and other governmental authorizations necessary to provide (i) Services using the Vehicles pursuant to this Agreement, (ii) Services using the Vehicles and (iii) passenger transportation services to third parties.

  2. 11.2. DISCLAIMER OF WARRANTIES

    The company and its associated companies provide, and you accept, the laborme services and application on an "As is" and "As available" basis. The company and its associated companies do not represent, warrant or guarantee that your access to or use of the laborme services and application: (a) will be uninterrupted or error free; or (b) will result in any requests for services. The company and its associated companies function as an on-demand lead generation and related service only and make no representations, warranties or guarantees as to the actions or inactions of the users who may request or receive services from you, and the company and its associated companies do not screen or otherwise evaluate users. By using the laborme services and application, you acknowledge and agree that you may be introduced to a third party that may pose harm or risk to you or other third parties. You are advised to take reasonable precautions with respect to interactions with third parties encountered in connection with the use of the laborme services and application. Notwithstanding the company’s appointment as the limited payment collection agent of you for the purpose of accepting payment from users on your behalf as set forth in section 5 above, the company and its associated companies expressly disclaim all liability for any act or omission of you, any user or other third party.

  3. 11.3 NO SERVICE GUARANTEE

    The company and its associated companies do not guarantee the availability or uptime of the laborme services and application. You acknowledge and agree that the laborme services and application may be unavailable at any time and for any reason (e.G., due to scheduled maintenance or network failure). Further, the laborme services and application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and the company and its associated companies are not responsible for any delays, delivery failures, or other damages, liabilities or losses resulting from such problems


12. INDEMNIFICATION

  1. You shall indemnify, defend (at the Company’s option) and hold harmless the Company and its Associated Companies and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, social security contributions and taxes arising out of or related to: (a) your breach of your representations, warranties or obligations under this Agreement; or (b) a claim by a third party (including Users, regulators and governmental authorities) directly or indirectly related to your provision of Services or use of the LABORME Services. This indemnification provision shall not apply to your breach of any representations regarding your status as an independent contractor.


13. LIMITS OF LIABILITY

  1. The company and its associated companies shall not be liable under or related to this agreement for any of the following, whether based on contract, tort or any other legal theory, even if a party has been advised of the possibility of such damages: (I) any incidental, punitive, special, exemplary, consequential, or other indirect damages of any type or kind; or (ii) your or any third party’s property damage, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic advantage. Except for the company’s obligations to pay amounts due to you pursuant to section 5 above, but subject to any limitations or other provisions contained in this agreement which are applicable thereto, in no event shall the liability of the company or its associated companies under this agreement exceed the amount of service fees actually paid to or due to the company hereunder in the six (6) month period immediately preceding the event giving rise to such claim.


14. TERM AND TERMINATION

  1. 14.1. TERM

    This Agreement shall commence on the date accepted by you and shall continue until terminated as set forth herein.

  2. 14.2. TERMINATION

    Either party may terminate this Agreement: (a) without cause at any time upon seven (7) days prior written notice to the other party; (b) immediately, without notice, for the other party’s material breach of this Agreement; or (c) immediately, without notice, in the event of the insolvency or bankruptcy of the other party, or upon the other party’s filing or submission of request for suspension of payment (or similar action or event) against the terminating party. In addition, the Company may terminate this Agreement or deactivate your User ID immediately, without notice, with respect to you in the event you no longer qualify, under applicable law or the standards and policies of the Company and its Associated Companies, to provide Services or to operate a Vehicle, or as otherwise set forth in this Agreement.


15. RELATIONSHIP OF THE PARTIES

  1. 15.1 Except as otherwise expressly provided herein with respect to the Company acting as the limited payment collection agent solely for the purpose of collecting payment from Users on your behalf, the relationship between the parties under this Agreement is solely that of independent contracting parties. The parties expressly agree that: (a) this Agreement is not an employment agreement, nor does it create an employment relationship, between the Company and you; and (b) no joint venture, partnership, or agency relationship exists between Company and you.

  2. 15.2 You have no authority to bind the Company or its Associated Companies and you undertake not to hold yourself out as an employee, agent or authorized representative of the Company or its Associated Companies. Where, by implication of mandatory law or otherwise, you may be deemed an agent or representative of the Company, you undertake and agree to indemnify, defend (at the Company’s option) and hold the Company and its Associated Companies harmless from and against any claims by any person or entity based on such implied agency or representative relationship.


16. MISCELLANEOUS TERMS

  1. 16.1. MODIFICATION

    In the event the Company modifies the terms and conditions of this Agreement at any time, such modifications shall be binding on you only upon your acceptance of the modified Agreement. The Company reserves the right to modify any information referenced at hyperlinks from this Agreement from time to time. You hereby acknowledge and agree that, by using the LABORME Services, or downloading, installing or using the Application, you are bound by any future amendments and additions to information referenced at hyperlinks herein, or documents incorporated herein. Continued use of the LABORME Services or Application after any such changes shall constitute your consent to such changes.

  2. 16.2 SUPPLEMENTAL TERMS

    Supplemental terms may apply to your use of the LABORME Services, such as use policies or terms related to certain features and functionality, which may be modified from time to time (“Supplemental Terms”). You may be presented with certain Supplemental Terms from time to time. Supplemental Terms are in addition to, and shall be deemed a part of, this Agreement. Supplemental Terms shall prevail over this Agreement in the event of a conflict.

  3. 16.3. SEVERABILITY

    If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.

  4. 16.4. ASSIGNMENT

    Neither party shall assign or transfer this Agreement or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of the other party; provided that the Company may assign or transfer this Agreement or any or all of its rights or obligations under this Agreement from time to time without consent: (a) to an Affiliate; or (b) to an acquirer of all or substantially all of the Company’s business, equity or assets.

  5. 16.5. ENTIRE AGREEMENT

    This Agreement, including all Supplemental Terms, constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to.” The recitals form a part of this Agreement.

  6. 16.6. NOTICES

    Any notice delivered by the Company to you under this Agreement will be delivered by email to the email address associated with your account or by posting on the portal available to you on the LABORME Services. Any notice delivered by you to the Company under this Agreement will be delivered by contacting Company at http://labormeapp.com or http://labormeapp.com/valetme in the “Contact Us” section.

  7. 16.7. LEGAL AGE

    You are required to be eighteen (18) years of older in order for you to use the Application and/or Service. You are to abide by the laws and jurisdiction of the country you reside in should the age of eighteen (18) be insufficient for you to enter into a legal and binding contract with another party and/or entity. You acknowledge that you are of legal age to enter into a binding contract, and that if you represent a legal entity you have the authority to enter into a binding contract on behalf of the entity to these Terms of Use.