Gopurs Global Terms of Service

Last updated: March 29, 2021

Please read these Terms of Use carefully. By using the Service (as defined below), you agree that you have read and understood the terms in these Terms of Use which are applicable to you. These Terms of Use and the Gopurs Policies (as defined below) constitute a legally binding agreement (“Agreement”) between you and Gopurs (as defined below). The Agreement applies to your use of the Service provided by Gopurs Platform. Gopurs websites including www.gopurs.com and www.gopurs.net (the“Sites”), mobile applications (the“Apps”), and related services, information and communications are collectively referred to as the “Gopurs Platform.”. If you do not agree to the Terms of Use please do not use or continue using the Platform (as defined below) or the Service.

Gopurs may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on http://www.gopurs.com or the Application. It is your responsibility to review the Terms of Use and Gopurs Policies regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

The use of all personal data you submit to the Gopurs Platform or which we collect about you is governed by our Global Privacy Policy ( “Privacy Policy” ). A copy of our Privacy Policy is available here . You acknowledge that by using the Gopurs Platform you have reviewed the Privacy Policy.

Your consent at registration and continued use of the Gopurs Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Global Terms of Service, the Privacy Policy , and the Gopurs Happiness Pledge  ( the “Happiness Pledge” ) for the country in which the Job is performed, as well as any future amendments and additions to this Agreement (as defined below) we may publish from time to time. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the Gopurs Platform.

The Privacy Policy and the Happiness Pledge for the country in which the Job is performed are incorporated by reference into these Terms of Service and together form and are hereinafter referred to as the “Agreement” .

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE GOPURS PLATFORM.

PLEASE NOTE: SECTION 28, WHICH CONTAINS JURISDICTION-SPECIFIC PROVISIONS, SPECIFIES HOW USERS AND GOPURS RESOLVE DISPUTES. FOR U.S. AND CANADIAN USERS, SECTION 28 CONTAINS AN ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST GOPURS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION. FOR OUR UNITED KINGDOM AND EUROPEAN USERS, PLEASE REFER TO YOUR JURISDICTION-SPECIFIC PROVISIONS IN SECTION 28 REGARDING DISPUTE RESOLUTION.

BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE GOPURS PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING, AS APPLICABLE FOR U.S AND CANADIAN USERS, THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT) AND YOU ACCEPT ALL OF ITS TERMS.

Your use of the Gopurs Platform in a country other than the country in which you register constitutes your acceptance of and agreement to all of the terms and conditions in the Agreement for that country.

A few highlights of these Terms of Service include:

• You must be at least the legally required age in the jurisdiction in which you reside (18 years old for U.S. based users), and otherwise capable of entering into binding contracts, in order to use or access the Gopurs Platform (Section 2).

• Your agreement that the technology for the Gopurs Platform is provided “as is” and without warranty (Section 17).

• Your agreement that Gopurs provides no warranty and has no liability regarding User action on the Gopurs Platform or the performance of Jobs (Section 17).

• Your acknowledgment and agreement that Gopurs does not supervise, scope, direct, control, or monitor a Service Provider’s work and the Jobs performed (Section 1).

• Your acknowledgment and agreement that Clients are solely responsible for determining if the Service Provider they hire is qualified to perform the Job (Sections 1 and 23).

• Your acknowledgment and agreement that Service Providers are independent contractors of Clients and not employees, independent contractors or service providers of Gopurs (Section 1).

• Your agreement to hold harmless and indemnify Gopurs from claims due to your use of or inability to use the Gopurs Platform or content submitted from your account to the Gopurs Platform (Section 18).

• For U.S. and Canadian Users, your agreement to arbitrate disputes with Gopurs on an individual basis to the fullest extent permitted by applicable law, with other jurisdiction-specific means of dispute resolution set forth for United Kingdom and European Users, all in Section 28.

1. The Gopurs Platform Connects Service Providers and Clients

Gopurs is a technology company which provides a platform for users to obtain or procure services. Depending on the service in question, the services may be supplied by gopurs or a third party provider. Where the service is provided by a third party provider, gopurs role is merely to link the user with such third party provider. Gopurs is not responsible for the acts and/or omissions of any third party provider, and any liability in relation to such services shall be borne by the third party provider. Third party providers shall not represent to be an agent, employee or staff of gopurs and the solutions provided by third party providers shall not be deemed to be provided by gopurs. “Clients”  are individuals and/or businesses seeking to obtain short-term services from Service Providers and are therefore clients of Service Providers, and “Service Providers”  are businesses seeking to perform Jobs for Clients. Clients and Service Providers together are hereinafter referred to as “Users.”  If you agree on the terms of a Job with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.

SERVICE PROVIDERS ARE INDEPENDENT BUSINESS OWNERS. SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF GOPURS. GOPURS DOES NOT PERFORM JOBS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM JOBS. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, GOPURS OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CLIENTS WITH SERVICE PROVIDERS (SERVICE PROVIDERS) WHO WISH TO PERFORM A VARIETY OF JOBS.

USERS HEREBY ACKNOWLEDGE THAT GOPURS DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A SERVICE PROVIDER’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE JOBS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.

Any reference on the Gopurs Platform to a Service Provider being licensed or credentialed in some manner, or "badged," “reliable,” “reliability rate,” “elite,” “great value,” "background checked," “vetted” (or similar language) designations indicates only that the Service Provider has completed a relevant account registration process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Gopurs of such Service Provider’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Service Providers whom they select, interact, or contract with via the Gopurs Platform.

The Gopurs Platform enables connections between Users for the fulfillment of Jobs. Gopurs is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Jobs, Service Providers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. Gopurs makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Jobs requested or services provided by, or the communications of or between, Users identified through the Gopurs Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.

2. Service Provider Background Checks and User Representations and Warranties

Service Provider Background Checks

Service Providers may be subject to a review process before they can register for and during their use of the Gopurs Platform, which may include but is not limited to identity verification and criminal background checks, using third party services as appropriate ( “Background Checks” ). Although Gopurs may perform Background Checks, Gopurs cannot confirm that any User is who they claim to be, and Gopurs cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Gopurs will not be liable for any false or misleading statements made by Users of the Gopurs Platform.

NEITHER GOPURS, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES” ) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE GOPURS PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE GOPURS AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOPURS PLATFORM.

User Representations and Warranties

All Users represent and warrant that:

• You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for U.S. based users), and are otherwise capable of entering into binding contracts;

• 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;

• You have read, understand, and agree to be bound by these Terms of Service, the Privacy Policy, and the Happiness Pledge applicable to the country where the Job is performed;

• Jobs shall only be performed in a country where the Gopurs Platform has a presence.

• You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Job or any interaction by or with any User and/or Gopurs in connection with the Gopurs Platform without the prior written consent of Gopurs and/or the relevant User, as applicable;

• You will fulfill the commitments you make to other Users, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Service Provider or Client as the case may be, and only utilize the third party payment service provider specified or approved by Gopurs to make or receive payment for services provided through the Gopurs Platform ( the “PSP” );

• You will act professionally and responsibly in your interactions with other Users;

• You will use your real name or business name on your profile;

• When using or accessing the Gopurs Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;

• You will not use the Gopurs Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.

• 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.

• Other than as fully and promptly disclosed in writing to Gopurs, you do not have any motivation, status, or interest that Gopurs may reasonably wish to know about in connection with the Gopurs Platform, including without limitation, if you are using or will or intend to use the Gopurs Platform for any journalistic, academic, investigative, or unlawful purpose.

Service Providers additionally represent and warrant that:

• When using the Gopurs Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;

• You are customarily engaged in an independently established business of the same nature as the services performed for Clients through the Gopurs Platform, and maintain an independent clientele;

• You have the unrestricted right to work in the jurisdiction in which you will be performing Jobs;

• If the Job is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;

• You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Jobs (including but not limited to a state contractor’s license pursuant to California Business and Professions Code section 7000 et seq., if such license is applicable to the Job you are performing);

• You have any and all insurance required to operate your business and provide your services;

• You will use your real name or business name and an up-to-date photo on your profile;

• You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Job(s) as agreed upon with your Client; and providing timely, high-quality services to your Clients;

• You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.

3. Contract between Clients and Service Providers

You acknowledge and agree that a legally binding contract with another User (the “ Service Agreement ” ) is formed when you and that User agree on the terms of a Job. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Gopurs Platform, and any other contractual terms accepted by both the Service Provider and their Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand Gopurs’s obligations or restrict Gopurs’s rights under this Agreement. Gopurs is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between Gopurs and the Service Provider, nor will it create an employment relationship between the Client and the Service Provider. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Gopurs.

Where approved in advance by the Client,  the Service Provider is not obligated to personally perform the Job. Service Providers may engage assistants, helpers, subcontractors or other personnel (collectively “Service Provider Assistants” ). For safety reasons, such Service Provider Assistants shall have been registered through the Gopurs Platform. A Service Provider’s failure to comply with this provision shall be a violation of these Terms of Service and could lead to removal from the Gopurs Platform. The Service Provider assumes full and sole responsibility for the acts and omissions of such Service Provider Assistants and is fully responsible for the lawful payment of all compensation, benefits and expenses of Service Provider Assistants, if any, and for all required and applicable tax withholdings as to such Service Provider Assistants. Clients are responsible for confirming with their Service Provider that any Service Provider Assistants are registered Service Providers on the Gopurs Platform.

While using the Gopurs Platform, Clients, in their sole discretion, determine whether they will be present or not when a Job is performed. Clients agree that if someone other than them books the Job on their behalf or is present in their stead when the Job is performed, they are appointing that person as their agent ( “ Client’s Agent ” ) and the Service Provider may take and follow direction from the Client’s Agent as if such direction was given from the Client him- or herself. If you are a Client’s Agent and accessing and using the Gopurs Platform on behalf of a Client, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. Client’s Agent may authorize any applicable waiver of the Client’s scoping, direction, or instruction of the Service Provider’s work or performance of the Job in the Client’s stead. Client agrees that such direction and/or waiver is valid against Client and Client’s Agent, and Client shall be responsible and liable for all such direction and/or waiver as if made by Client him or herself. Client assumes full and sole responsibility for the acts and omissions of Client’s Agents. Client’s Agents are deemed third parties for the purposes of the Happiness Pledge and are thereby excluded from it.

The Client shall pay their Service Provider(s) in full for all Job services via the PSP as indicated on the Gopurs Platform, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Job.

4. Billing and Payment

Users of the Gopurs Platform contract for Jobs directly with other Users. Gopurs will not be a party to any contracts for Jobs or services. Client, and not Gopurs, is responsible for payment for all Job services through the Gopurs Platform.  Such payment must be made via the PSP.  Gopurs is not obligated to compensate Service Provider for Client’s failure to pay for services.

The Job Payment, service charge, and Trust & Support fee must be paid through the PSP.  Clients on the Gopurs Platform will be required to provide their payment method details to Gopurs and the PSP. Service Providers are responsible for accurately invoicing their Clients within 24 hours of the work being performed, even if the Job is not completed in its entirety or is designated as “ongoing”. Clients will be responsible for paying the invoice(s) for each Job (the “Invoice(s)” ), which will include (a) the pricing terms of the Job provided by the Service Provider and agreed upon by the parties ( “Job Payment” ), (b) any out of pocket expenses agreed upon by the parties and submitted by the Service Provider in connection with the Job,  (c) the service charge Gopurs assesses to the Client for access to and information regarding Service Providers, and (d) the Trust & Support Fee Gopurs assesses to the Client for  customer support, services in support of the Happiness Pledge, and other various other services, or (e) cancellation charges, if applicable. In addition, a tip or gratuity, as applicable, may be added by the Client or at the Client’s direction to the Invoice(s), and all such tips or gratuities shall go directly to the Service Provider. Clients may also be charged credit card processing fees equal to 3% of the aggregate expense amount if expenses related to a Job individually, or Jobs in the aggregate over a 30-day period, exceed $300 / 300£ / 300€, as applicable in your country. Service Providers will be responsible for paying (i) registration fees, if applicable, and (ii) repayment of erroneous payments.

Service Providers will be required to set up an account with the PSP, which may require any or all of the following: registration with the PSP, consent to the terms of service of the PSP, and completion of a vetting process and/or account validation at the request of the PSP. By accepting these Terms of Service, each Service Provider agrees that they have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement (the “PSP Services Agreement” ). Please note that Gopurs is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Gopurs has no obligations, responsibility or liability to any Service Provider or other party under the PSP Services Agreement.

To help prevent fraud and safeguard User information from the risk of unauthorized access, Gopurs and/or the PSP may validate an account before activation and prior to each booking. As part of the validation process, temporary charges may be placed on the account associated with the User and then refunded within 1-5 business days.   This temporary charge may vary depending on the estimated value of the Job and expenses.

When Client receives confirmation through the Gopurs Platform or via email that a Job has been completed, Client automatically authorizes the PSP to process the Invoice(s). Clients may be billed a one-hour cancellation charge as damages at the Service Provider’s hourly rate through the PSP if you book a Job, but cancel it before the scheduled time for performance (for users in Germany, please refer to the Jurisdiction-specific provisions).

Gopurs reserves the right (but not the obligation) upon request from Client or Service Provider, or upon notice of any potential fraud, unauthorized charges or other misuse of the Gopurs Platform, to place on hold any Job Payment, out of pocket expenses, and/or tip or gratuity (if applicable), or refund or provide credits, or arrange for the PSP to do so.

Users of the Gopurs Platform may be liable for any taxes or similar charges (including VAT, if applicable in the country where the Job is performed) required to be collected and/or paid on the Jobs and/or fees provided under the Agreement.

In certain jurisdictions, applicable rules may require that we collect or report tax and/or revenue information about you.  You agree that Gopurs may issue on your behalf receipts or similar documentation to facilitate accurate tax reporting.

5. Contests, Gift Cards, Bundles, Credits, Mobile Top Ups, and Referral Programs. And Promotional Codes

Gopurs may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of Gopurs, and can be implemented, modified, or removed at any time by Gopurs without advance notification. The liability of Gopurs and Affiliates, as well as any of Gopurs’s corporate partners pursuant to such promotional opportunities and contests, shall be subject to the limitations set forth in Section 17 of these Terms of Service.

A.Promo Codes

 

Promo Codes are an offer by Gopurs to reduce the amount a Client has to pay in relation to a Job Payment, service charge, and/or Trust & Support fee. Promo Codes will not affect the amount of the Job Payment a Service Provider ultimately receives. The use or application of any Promo Code is solely intended as a promotional initiative and does not in any way create a relationship or engagement between Gopurs or the Service Provider or Client, or constitute wages, fees or other amounts paid to the Service Provider. You agree that you will use Promo Codes in accordance with the terms and conditions governing the Promo Code. A new user Promo Code may only be used once per User, regardless of the email address used during registration. Gopurs reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by you or any other User in the event that the use or redemption of a Promo Code was in error, fraudulent, illegal, or otherwise in violation of the applicable Promo Code terms and conditions or this Agreement.

Gopurs, in its sole discretion, may make promotions available to any User or potential User. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Gopurs. Promotions will in many cases be made available to you via alpha numeric codes (“Promo Codes”). Gopurs reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Gopurs determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.

You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Gopurs; (iii) may be disabled by Gopurs at any time for any reason without liability to Gopurs; (iv) may only be used pursuant to the specific terms that Gopurs establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use and (vii) Gopurs may establish additional terms relating to specific promotions. Gopurs reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Gopurs determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.

As part of your User account, Gopurs may provide you with or allow you to create a “Gopurs Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Users (“Referred Users”) or Service providers (“Referred Service providers”). Gopurs Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your Gopurs Code. You are prohibited from advertising Gopurs Codes, including but not limited to on Google, Facebook, Twitter, Bing and Craigslist or on any other digital platform or website owned or controlled by you or any other person. Gopurs reserves the right to deactivate or invalidate any Gopurs Code at any time in Gopurs’s sole discretion.

The ability to access mobile top up services is made available to you through the Gopurs Platform and is subject to change and availability. Gopurs is providing the right to buy airtime (subject to these terms) as agent for the relevant local mobile operator. You agree to this and the following as a condition of purchasing vouchers for airtime through the Gopurs Platform.You will be required to input the mobile number to which any top up is to be credited into the appropriate place(s) on the Gopurs Platform. You are responsible for ensuring that the mobile number has been correctly entered. You will also be required to select the top up amount to be credited to the mobile number. Gopurs shall not be liable to you in any way with respect to the top up generally, the specific mobile number entered nor the top up amount credited.The top up mobile recharge cost will change depending on the denominations indicated on the Gopurs Platform. The total cost, number recharged and the relevant mobile operator will be shown on the Gopurs Platform. All top up transactions are final and cannot be modified or removed once you have entered the relevant top up information on the Gopurs Platform.

As part of your User account, Gopurs may provide you with access to features in the Gopurs application which may allow you to: (i) manage payment for Services; (ii) add and store pre-paid credit balance (“Gopurs Credit”); (iii) transfer Gopurs Credit to or receive Gopurs Credit from other Users, against payment of any applicable Gopurs Fees and subject to any limits on the number of transfers or the amount of Gopurs Credit you can send and/or receive, which Fees and limits may be modified by Gopurs from time to time; and/or (iv) transfer cash to another User (“Cash Transfers”). Cash Transfers are subject to applicable law at all times, may not be permitted in some jurisdictions and, even where permitted and available, are restricted to Cash Transfers to other Users that are resident in the same jurisdiction as you, and that hold a bank account in that same jurisdiction (“Recipient Users”)..

When transferring Gopurs Credit balance to another User, the amount transferred and the applicable Gopurs Fees (if any) will be deducted from your User account balance and will be transferred to the other User. Once the request for the transfer of Gopurs Credit is completed, the transfer cannot be cancelled or otherwise reversed. You agree that in providing you with this feature, Gopurs is merely enabling the transfer of Gopurs Credit balance and is no way responsible for the actions of the individual Users, including the reason for which Gopurs Credit is transferred by or to you.

You may be entitled to purchase bundles of Gopurs Credit (“Gopurs Bundles”) or you may receive trip discounts ("Trip Discounts") or service discounts (“Service Discounts”) that you can apply toward payment of certain services provided by Gopurs or fees charged by Gopurs in relation to the Services.

Gopurs Bundles, Gopurs Credits, Trip Discounts and Service Discounts are only valid for use on the Gopurs Platform, and are not transferable or redeemable for cash and may only be used for certain Services. Gopurs Bundles, Trip Discounts and Service Discounts cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the trip.

Additional restrictions on Gopurs Bundles, Gopurs Credits, Trip Discounts and Service Discounts may apply as communicated to you in a relevant promotion or specific terms. Gopurs may cancel, or vary the terms, relating to any Gopurs Bundles, Gopurs Credits, Trip Discounts or Service Discounts at any time in its sole discretion.

From time to time, Gopurs may offer you incentives to refer new Users to the Gopurs community (the “Referral Program”). These incentives may come in the form of Gopurs Credits, Trip Discounts and/or Service Discounts, and Gopurs may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.

Cash transfers by you to Recipient Users are subject to applicable law and limits in respect of the number, frequency and amounts of relevant transfers as well as the location of Recipient Users. Such limits are at the sole discretion of Gopurs and Gopurs may modify such limits from time to time without amending this Agreement. Cash Transfers may not be permitted or available in your jurisdiction.

Upon receiving a request in relation to a permissible Cash Transfer from you as transferor to a Recipient User as a transferee, Gopurs shall facilitate such transfer as a facilitator of social payments. The amount you elect to transfer will be deducted from your card on file by Gopurs subject to any charges incurred by your card issuing bank. The Recipient User you have identified will have the option, once notification of the transfer has been received by the Recipient User, to either receive the Cash Transfer as cash in a permissible bank account held in the name of the Recipient User or to receive Gopurs Credit in lieu of such cash amount.

If you are a Recipient User and elect to receive the Cash Transfer as cash in a permissible bank account held by you, you will be prompted to include the name of your bank, the name on your bank account and the IBAN number only. Gopurs will then facilitate the transfer of the relevant amount to such permissible bank account held by you. Gopurs will not ask for you to provide any financially sensitive information. You must only add the IBAN of your own, personal account. You must not add the details of a business account or an account of a third party. If, as a Recipient User, you do not accept the transferred amount within a certain number of days of receipt (and such number of days may vary from time to time), the relevant cash amount will be returned to the account of the transferor.

We will hold the amount corresponding with the Credit Transfer for as short a time as possible for the sole purpose of facilitating the Cash Transfer. We endeavor to credit the bank account of the Recipient User as soon as practically achievable after we receive the amount corresponding with the Credit Transfer. We are not responsible for the time it takes the bank of the Recipient User to credit the amount of the Cash Transfer your bank account and Gopurs shall not be liable in any way for the same and we reserve the right to decline any instruction to effect a Credit Transfer or when accepted, to complete a Credit Transfer.

You are responsible for the accuracy of the information you add or include on the Gopurs app. We may ask you for specific additional information that we believe to be necessary to give effect to our services to you. The provision of false or incomplete information or not providing information when asked may lead to the termination of your Gopurs profile and prosecution. All activities on the Gopurs app (including activities in connection with Credit Transfers) are regarded as activities by you and no other Users or persons and you shall not transact in connection with Credit Transfers for or on behalf of any other person.

You agree that, in relation to the above-mentioned cash transfer feature, Gopurs is acting only as a facilitator of social payments, is not responsible or liable for the actions of individual Users (including the reasons for the Cash Transfer) and that Gopurs does not operate a deposit-taking business in any manner nor is it otherwise presently licensed as a financial institution.

Loyalty Programme

By becoming a User you are part of the Gopurs Loyalty Program (the “Program”) in those markets where the Program is available. Users will accrue points through using the services provided by Gopurs and may have access to a number of services, ways to support their local community, and benefits (“Rewards”) depending upon a given tier status (and relevant availability in any given market).

Users can earn or maintain tier status based on their usage of such services in any calendar month. Once a User attains a tier level, it will remain in effect for 2 consecutive months. With respect to the expiry of points earned pursuant to the Program, each calendar year consists of 2 reward periods: from January 1st to June 30th and from July 1st to December 31st (each a “Reward Period”) and any points earned in one Reward Period will expire automatically at the end of the following Reward Period.

Rewards are offered at the sole discretion of Gopurs and may be varied from time to time. Rewards and participating partners may differ from market to market and may be added or removed at the sole discretion of Gopurs. You may redeem points in exchange for Rewards or Donations (as applicable) at any time as indicated on the App. Where you redeem points Gopurs shall settle the equivalent or agreed amount (if applicable) with the participating partner and cancel its liability to you for the same. By redeeming Rewards you confirm that you agree to the terms of the Program.

Gopurs has the right to add, change, limit, modify or cancel Program rules, regulations, rules for earning and redeeming Rewards points, rewards, reward levels, redemption levels, processes, benefits, tier statuses, and Program partners without notice, even though such changes may affect the member’s tier status, the value of points already accumulated, the ability to use accumulated points, or the ability to obtain certain rewards.

Gopurs may, among other things: (1) increase or decrease the number of points received for a given action or amount spent or the number of points required for a reward; (2) withdraw, limit, modify, or cancel any reward; (3) add blackout dates, limit availability for any reward, or otherwise restrict the continued availability of rewards; (4) change program benefits served by Rewards or its partners, conditions of participation, rules for earning, redeeming, retaining, or forfeiting points, or rules governing the use of rewards; (5) change or cancel rewards; and (6) change the rules governing the tier statuses, including but not limited to: rules to reach a tier status, duration and expiry rules of the tier status, benefits granted by reaching a given tier status.

Gopurs makes no warranties or representations, either expressed or implied, and expressly disclaim all liability (including consequential damages) with respect to type, timeliness, cost, quality or fitness of goods or services provided through the Program.

If any participating Rewards partner improperly denies a User an accrual or benefit, the liability of Gopurs shall be limited to the equivalent value, in Rewards points, of that accrual or benefit as determined solely by Gopurs.

The Program has no predetermined termination date and may continue until such time as Gopurs decides to terminate the Program, at any time, with or without notice. If the Program is terminated, all unredeemed points or tier status benefits shall be forfeited without any obligation or liability, no award claims or tier status benefits shall be honoured after the conclusion of any notice period.

Gopurs reserves the right to cancel a User’s access to the Program and revoke any and all unredeemed Gopurs Rewards points collected by any Member who appears to be using the Program in a manner inconsistent with the terms or intent of the Program or any portion thereof. For reasons that include, but are not limited to: 1) violation of these terms and conditions; 2) misrepresentation of any information or any misuse of this Program; 3) violation of any national, state or local law or regulation in connection with the use of this Program; 4) commission of fraud or abuse involving any portion of this Program; or 5) action, in any other way, to the detriment of the Program or any of its stakeholders; all as may be determined by Gopurs in its sole discretion.

Notwithstanding the foregoing, Program violations, fraud or abuse in relation to rewards points and credit, tier status or reward usage is subject to appropriate administrative and/or legal action by appropriate governmental authorities and/or by Gopurs including, without limitation, the forfeiture of all point transfers, rewards, tier status or award issued pursuant to point redemptions and any accrued points in your account, as well as cancellation of the account.

The earning and redeeming of Rewards points are subject to all applicable local laws and regulations and are offered in good faith, however they may not be available or are subject to change if prohibited or restricted by applicable law or regulation.

Separate terms and conditions may apply to your reservation, purchase of goods and services, or rewards that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal. You understand that any violation of any such supplier's rules and restrictions may result in your being denied access to the applicable product or services, in your forfeiting any monies paid for such product or service.

Community Support

As part of Gopurs’s support to our communities and the Service providers operating on our Platform Gopurs may make new features available which allow you to direct Gopurs to support our communities in various ways. These features may be changed and updated from time to time; may not be available in all areas or markets; and those that are available at any given time may be subject to change and/or removal. Gopurs reserves the right to cancel, suspend or modify these features at any time without notice, for any reason in its sole discretion, and without a liability.

To offer these features Gopurs has partnered with appropriate entities including Government entities, NGOs and charitable organisations (“Participating Organisation”). Please note that Gopurs is not registered as a charitable organisation and does not hold itself out as such. Gopurs is not a professional or commercial fundraiser, or a conductor or paid collector of fundraising appeals (or similar), or a guarantor of donations. The management and allocation of support to a Participating Organisation is managed by the Participating Organisation as shown on the App.

You can ask Gopurs to support the cause of a Participating Organisation either by your agreement to burn Reward points pursuant to the Program or to burn Gopurs credits from your Gopurs wallet. Upon Gopurs receiving such agreement from you either to burn Gopurs credits or Rewards points, Gopurs will cancel its liability towards you with respect to such Gopurs credits and/or Rewards points and separately on its own behalf support the relevant Participating Organisation by transferring an amount equal to the nominal value of such Gopurs credits and/or Rewards points (minus any required fees) to the relevant Participating Organisation. Gopurs will make such transfer unless it becomes impossible or impracticable to do so. The burning of Gopurs credits and/or Reward points in the manner described above is irreversible. Gopurs makes no warranties or representations, either expressed or implied in respect of any of the aforementioned methods of support, and expressly disclaims all liability (including consequential damages) with respect to timeliness, cost, quality or fitness of goods or services provided in relation to the same.

If the Participating Organisation that you designated in your listing ceases to be a participating charity or appropriately licensed entity before Gopurs pays the relevant Participating Organisation or if payment to that entity becomes impracticable, Gopurs may at its sole discretion choose to make payment to a Participating Organisation having a similar purpose without notifying you.

Trademarks, service marks or logos that appear in relation to the donations feature are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of the trade mark owner.

 

 

B.Gift Cards

Gift cards can only be used in connection with Jobs performed on the Gopurs Platform, are not replaceable if lost or stolen, and have no expiration date. Gift cards have no cash value and cannot be exchanged for cash except as required by law. Gift Cards must be entered directly into the Client account; they may not be directly accepted by Service Providers as a payment method.

A Gift Card cannot be combined with any other Gift Cards, gift certificates or Promo Codes. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” (or add value/balance) to your Gift Card at this time. If a Gift Card holder’s purchase exceeds the amount of that Gift Card’s balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. Gopurs reserves the right to correct the balance of a Gift Card if Gopurs believes that a billing error has occurred. Gopurs reserves the right to limit quantities of Gift Cards purchased by any person or entity, and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means. Gift Cards and their use are subject to this Agreement, and use of a Gift Card constitutes acceptance thereof.

You agree to comply with all Gift Card terms and conditions.

6. Public Areas; Acceptable Use

The Gopurs Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, Job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ( “Public Areas” ) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Gopurs Platform, you should not share your personal contact information with other Users.

Without limitation, the Gopurs Platform may not be used for any of the following purposes:

• To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Gopurs staff;

• To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;

• To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Gopurs;

• To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage Gopurs or its Users’ computers;

• To advertise or offer to sell any goods or services for any commercial purpose through the Gopurs Platform which are not relevant to the Job services;

• To post or complete a Job requiring a User to (i) purchase or obtain gift cards or money orders (ii) purchase high value items (over $300 / 300£ / 300€, as applicable in your country) without obtaining pre-authorization from Gopurs, (iii) travel into different countries during the performance of a Job, (iv) provide ridesharing or other peer to peer transportation services, (v) post ratings or reviews on any third party website in breach of such third party website’s terms of use, or (vi) otherwise engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by Gopurs in its sole discretion;

• To conduct or forward surveys, contests, pyramid schemes, or chain letters;

• To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments (except as may be permitted under Section 3 for Client’s Agent).

While using the Gopurs Platform, you may not:

• Use the Gopurs Platform for any unauthorized or illegal purpose, including but not limited to posting or performing a Job in violation of local, state, provincial, national, or international law;

• Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;

• Post the same Job repeated ly (“spamming”);

• Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Gopurs Platform;

• Restrict or inhibit any other User from using and enjoying the Public Areas;

• Imply or state that any statements you make (whether on or off the Gopurs Platform) are endorsed by Gopurs, without the prior written consent of Gopurs;

• Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Gopurs Platform, or the electronic addresses or personal information of others, in any manner;

• Frame or utilize framing techniques to enclose the Gopurs Platform or any portion thereof;

• Hack or interfere with the Gopurs Platform, its servers or any connected networks;

• Adapt, alter, license, sublicense or translate the Gopurs Platform for your own personal or commercial use;

• Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Gopurs and Affiliates;

• Upload content to the Gopurs Platform 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;

• Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;

• Solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Gopurs Platform as set forth herein;

• Collect usernames, email addresses, or other personal information of Users by electronic or other means;

• Use the Gopurs Platform or the Job services in violation of this Agreement;

• Use the Gopurs Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining Gopurs’s trade secret information for public disclosure or other purposes;

• Attempt to circumvent the payments system or service charge or Trust & Support  fee in any way including, but not limited to, making or processing payments outside of the Gopurs Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;

• Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;

• Cause any third party to engage in the restricted activities above; or

• Use tools with the goal of masking your IP address (like the TOR network).

You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Gopurs will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.

7. Mobile App Updates and Upgrades

By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the Gopurs Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Gopurs’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.

8. Deactivation and Suspension

Gopurs may suspend your right to use the Gopurs Platform pending its investigation of a potential breach by you of this Agreement. Gopurs may deactivate your account or limit your use of the Gopurs Platform upon its determination that you breached a provision of this Agreement (a “User Breach” ). Gopurs will provide you with written notice of its determination as required by law, unless we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety .  If you wish to appeal this determination, please contact support@gopurs.com  within 14 days of receipt of such notice with the grounds for your appeal .

If Gopurs suspends or deactivates your account or limits your use of the Gopurs Platform pursuant to this Section 8, you are thereafter prohibited from registering and creating a new account under your name or business 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.

Even after your right to use the Gopurs Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. Gopurs reserves the right to take appropriate legal action pursuant to the Agreement.

Gopurs reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Gopurs Platform at its sole discretion. Gopurs will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Gopurs shall not be liable to you for any modification or discontinuance of all or any portion of the Gopurs Platform. Gopurs has the right to restrict anyone from completing registration as a Service Provider if such person may threaten the safety and integrity of the Gopurs Platform, or if such restriction is necessary to address any other reasonable business concern.

You may terminate this Agreement at any time by ceasing all use of the Gopurs Platform and deactivating your account.

9. Account, Password, Security, and Telephone Communications

You must register with Gopurs and create an account to use the Gopurs Platform. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Gopurs for accessing the Gopurs Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. Gopurs has no control over the use of any User’s account 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 agree to notify Gopurs immediately.

You acknowledge that telephone calls to or from Gopurs, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.

You verify that any contact information provided to Gopurs, its agents and Affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify Gopurs before the change goes into effect by visiting help.tr.co. If the change regards ownership of your telephone numbers, you may notify Gopurs by texting STOP to any text message sent to the retiring phone number.

10. User Generated Content

“User Generated Content”  is defined as any information and materials you provide to Gopurs, its agents, Affiliates, and corporate partners, or other Users in connection with your registration for and use of the Gopurs Platform and participation in Gopurs promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Gopurs is not involved in the creation, development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Gopurs has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.

You hereby represent and warrant to Gopurs that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Job is performed); (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libelous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with Gopurs or otherwise purport to act as a representative or agent of Gopurs; and (i) will not create liability for Gopurs or cause Gopurs to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.

The Gopurs Platform hosts User Generated Content relating to reviews and ratings of specific Service Providers ( “Feedback” ). Feedback is such User’s opinion and not the opinion of Gopurs, and has not been verified or approved by Gopurs. You agree that Gopurs is not responsible or liable for any Feedback or other User Generated Content. Gopurs encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Gopurs is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such Feedback. You may request removal of a review that violates this Agreement or the Gopurs Ratings and Reviews Policy by contacting the Support team at help.tr.co. Each Client should undertake their own research prior to booking to be satisfied that a specific Service Provider has the right qualifications for a Job.

Gopurs respects the personal and other rights of others, and expects Users to do the same. Gopurs is entitled to identify a User to other Users or to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.

If a User believes, in good faith, that any User Generated Content provided on or in connection with the Gopurs Platform is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify Gopurs. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify Gopurs. Such notification can be made at Gopurs, Inc., 237 Kearny Street #9003 San Francisco, CA 94108.

11. Links to Third-Party Websites

The Gopurs Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Gopurs or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Gopurs Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Gopurs does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Gopurs is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Gopurs has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Gopurs Platform at its sole discretion.

The use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policy for that website. You access such third-party websites at your own risk. Gopurs expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Gopurs Platform. You hereby agree to hold Gopurs harmless from any liability that may result from the use of links that may appear on the Gopurs Platform.

12. Gopurs Operates as an Online Marketplace

Gopurs operates as an online marketplace that connects Clients with service providers (Service Providers) who wish to perform a variety of Jobs. Gopurs does not perform Jobs and does not employ people to perform Jobs. Service Providers operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for Clients through the Gopurs Platform. Gopurs does not control or direct the Service Providers’ performance of their services or set their work locations, work hours, or terms of work. Service Providers provide services under their own name or business name, and not under Gopurs’s name. Service Providers provide their own tools and supplies to perform their services; Gopurs does not provide the tools or supplies. Service Providers are free to maintain a clientele without any restrictions from Gopurs and are free to offer and provide their services elsewhere, including through competing platforms. Service Providers are free to accept or reject Clients and contracts. Service Providers are not penalized for rejecting Clients or contracts, though if Service Providers accept a Client or contract through the Gopurs Platform, they are expected to fulfill their contractual obligations to their client. Service Providers set their own rates for services performed in the Gopurs general marketplace, without deduction by Gopurs.

The Gopurs Platform is not an employment agency service or business and Gopurs is not an employer of any User. Service Providers acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Jobs and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.

13. Gopurs Happiness Pledge

The Gopurs Happiness Pledge  applicable to the country where the Job is performed is part of this Agreement and incorporated by reference. Service Providers determine which categories they are qualified to Job in, and scope the Job directly with their Client. Gopurs does not oversee, monitor or direct how a Service Provider performs a Job, does not monitor Jobs or chat threads between Users, and does not otherwise assume responsibility for the actions of Users. Clients are advised to confirm with their Service Provider that s/he is qualified to perform the Job prior to the Job taking place. Gopurs is not liable for the acts or omissions of Users, nor does Gopurs provide insurance against any losses sustained by Users. That said, Gopurs wants Users to be happy about their experience using the Gopurs Platform and the Happiness Pledge is in place to encourage continued use of the Gopurs Platform.

Payments made under the Happiness Pledge are made at Gopurs’s sole discretion, and are subject to certain conditions, limitations and exclusions, as described in the Happiness Pledge. The Happiness Pledge does not supersede any of the terms set forth in these Terms of Service or the Privacy Policy, including any of the limitations on liability set forth in these Terms of Service. In the unlikely event of a conflict with the Happiness Pledge, these Terms of Service prevail over any contrary interpretation of the Happiness Pledge. The Happiness Pledge is not insurance and Gopurs is not an insurer, as such terms are generally understood for regulatory purposes.

14. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including Gopurs designs, trademarks, and logos (collectively “Proprietary Material” ) that Users see or read through the Gopurs Platform is owned by Gopurs, excluding User Generated Content, which Users hereby grant Gopurs a license to use as set forth above in Article 10. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Gopurs owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Gopurs Platform without Gopurs’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.

The service marks and trademarks of Gopurs, including without limitation Gopurs, Gopurs for Good, and associated logos, are service marks owned by Gopurs. Any other trademarks, service marks, logos and/or trade names appearing via the Gopurs Platform are the property of their respective owners.  Gopurs’s proprietary marks and logos are not available for use by Service Providers.  You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

15. Copyright Complaints and Copyright Agent

Gopurs respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Gopurs Platform infringe upon your copyright or other intellectual property right, please send the following information to Gopurs’s Copyright Agent at Gopurs, Inc., 237 Kearny Street #9003, San Francisco, CA 94108 or copyright@gopurs.com 

A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Gopurs Platform where the material you claim is infringed is visible. Include enough information to allow Gopurs to locate the material, and explain why you think an infringement has taken place;

• A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;

• Your name, address, telephone number, and e-mail address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

• Your electronic or physical signature as the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

16. Confidential Information

You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Gopurs and agree that you will not, for the lifetime of your account on Gopurs plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the Gopurs Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify Gopurs in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to Gopurs promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.

The term “Confidential Information” shall mean any and all of Gopurs’s trade secrets, confidential and proprietary information, and all other information and data of Gopurs that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to Gopurs or Gopurs’s business, operations or properties, including information about Gopurs’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.

17. Disclaimer of Warranties

Please note that for Users outside the United States, this Section 17 may be subject to the jurisdiction-specific exemptions set forth in Section 28.

A.Use Of The Gopurs Platform Is Entirely At Your Own Risk

THE TECHNOLOGY OF THE GOPURS PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. GOPURS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE GOPURS PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE GOPURS PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE GOPURS PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

Gopurs does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the Gopurs Platform or any hyperlinked website or featured in any banner or other advertising, and Gopurs will not be a party to or in any way be responsible for any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Gopurs and Affiliates do not warrant that access to the Gopurs Platform will be uninterrupted or that the Gopurs Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Gopurs Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Job, service, information or materials provided through or in connection with the use of the Gopurs Platform. Gopurs and Affiliates are not responsible for the conduct, whether online or offline, of any User. Gopurs and Affiliates do not warrant that the Gopurs Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Gopurs and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.

Notwithstanding any feature or service that a Client may use to expedite Service Provider selection, each Client is responsible for determining the Job and selecting or otherwise approving their Service Provider  and Gopurs does not warrant any goods or services purchased by a Client and d oes not recommend any particular Service Provider . Gopurs does not provide any warranties or guarantees regarding any Service Provider’s ability, professional accreditation, registration or licensure.

B.No Liability

You acknowledge and agree that Gopurs is only willing to provide the Gopurs Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Gopurs and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities” ) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Gopurs Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Gopurs and Affiliates, and any destruction of your User Generated Content.

UNDER NO CIRCUMSTANCES WILL GOPURS AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE GOPURS AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM  ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY GOPURS, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE GOPURS PLATFORM OR THE JOB SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety.

GOPURS AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS GOPURS PLATFORM. GOPURS AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE GOPURS PLATFORM.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT GOPURS AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO GOPURS (IF YOU ARE A CLIENT) OR TOTAL JOB PAYMENTS PAID TO YOU BY CLIENTS (IF YOU ARE A SERVICE PROVIDER), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

18. Indemnification

You hereby agree to indemnify, defend, and hold harmless Gopurs and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the Gopurs Platform; (ii) your participation in Jobs, or your ability or inability to perform or obtain the performance of Jobs or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in Section 2; (vi) any content submitted by you or using your account to the Gopurs Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) if you are a Client, the acts or omissions of any Client’s Agents. Gopurs reserves the right, in its own sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Gopurs.

19. Dispute Resolution

To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the Gopurs Platform, your relationship with Gopurs, Jobs, or this Agreement (including previous versions), ( “Dispute” ), you and Gopurs agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any out of court settlement ( such as mediation or arbitration) or court proceeding  (except as may be set forth in Section 28). Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to Gopurs. Gopurs’s address for such notice is

Attention: Legal Gopurs, Inc.,

• For North American Users: 237 Kearny Street #9003 San Francisco, CA 94108

• For European Users: 100 Avebury Boulevard, Milton Keynes, Buckinghamshire, United Kingdom MK9 1FH.

PLEASE NOTE: FOR MORE INFORMATION ABOUT DISPUTE RESOLUTION TERMS, PLEASE REVIEW THE JURISDICTION-SPECIFIC SECTION APPLICABLE TO YOU BELOW. IF YOU ARE A USER IN THE U.S. OR CANADA, IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SEE U.S. AND CANADA JURISDICTION-SPECIFIC SECTIONS FOR MORE DETAILS).

20. App Store-Sourced Apps

The following applies to any App accessed through or downloaded from the Apple App Store (an "App Store-Sourced Application" ):

You acknowledge and agree that (i) the Agreement is entered into between you and Gopurs only, and Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Gopurs, not Apple, is solely responsible for the App Store-Sourced Application and content thereof. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Application.

In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application. As between Gopurs and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Gopurs, subject at all times to warranty limitations and exclusions set forth in this Agreement.

You and Gopurs acknowledge that, as between Gopurs and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store-Sourced Application or your possession and use of the App Store-Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and Gopurs acknowledge that, in the event of any third party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes that third party's intellectual property rights, as between Gopurs and Apple, Gopurs (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by this Agreement.

You and Gopurs acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store-Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store-Sourced Application against you as a third party beneficiary thereof.

Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store-Sourced Application.

21. No Agency; No Employment

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

22. General Provisions

Failure by Gopurs to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Gopurs with respect to its subject matter, and supersedes and governs any and all prior agreements or communications except as otherwise specified in the Arbitration Agreement in Section 28A. However, this Agreement does not supersede other agreements about other subject matter that you may have with Gopurs, such as the IKEA Assembly Category Terms and Conditions. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Agreement Prohibiting Class Actions and Non-Individualized Relief” provision in the section applicable to U.S. Residents in Section 28A below, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. You hereby acknowledge and agree that we may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Upon the effective date of the assignment of the Agreement (a) Gopurs shall be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment and, (b) the assignee entity shall replace Gopurs for the performance of this Agreement. This Agreement may not be assigned or transferred by you without our prior written approval. Any assignment in violation of this Section 22 shall be null and void. This Agreement will inure to the benefit of Gopurs, its successors and assigns.   All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the Gopurs Platform.

23. Licensing

Service Providers alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Jobs. Indeed, certain types of Jobs and services may be prohibited altogether, and it is the responsibility of Service Providers to avoid such prohibited Jobs and services. Penalties may include fines or other law enforcement. If you have questions about how national/ state/ provincial/ territorial and local laws apply to your Jobs and services on the Gopurs Platform, you should first seek appropriate legal guidance.

Because Gopurs does not supervise, scope, direct, control, or monitor a Service Provider’s work or performance of Jobs, Clients must determine for themselves whether a Service Provider has the skills and  qualifications necessary to perform the specific Job at hand. Clients may wish to consult their national/state/provincial/territorial or local requirements to determine whether certain Jobs are required to be performed by a licensed or otherwise registered professional. Clients may also wish to discuss with their Service Provider any specific hazards, obstacles, or impediments in the Job location (both visible and concealed) that may impact the performance of the Job.

24. Changes to this Agreement and the Gopurs Platform

Gopurs reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service, Privacy Policy, and Happiness Pledge) and review, improve, modify or discontinue, temporarily or permanently, the Gopurs Platform or any content or information through the Gopurs Platform at any time, effective with or without prior notice and without any liability to Gopurs. Gopurs may also impose limits on certain features or restrict your access to part or all of the Gopurs Platform without notice or liability.

Gopurs will endeavor to notify you of material changes to this Agreement by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the Gopurs Platform. Your continued use of the Gopurs Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction.

25. No Rights of Third Parties

The provisions of this Agreement are for the sole benefit of the Parties and their permitted successors and assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights except as set forth in Section 20) or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that a Client’s Agent may act in the name of and on behalf of his/her Client.

26. Notices and Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices” ) to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.

If you have any questions about these Terms of Service or about the Gopurs Platform, please contact us by email at support@gopurs.com  or by mail to 30 N Gould St Sheridan, WY 82801 Ste R USA.

27. Consent to Electronic Signatures

By using the Gopurs Platform, you agree to transact electronically through the Gopurs Platform. You also agree to the following: (i) your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity and enforceability as a paper-based signature; (ii) your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing; and (iii) no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.

28. Jurisdiction-specific Provisions, including Dispute Resolution

To Arbitration.

You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Gopurs Platform or Services (collectively, "Disputes") will be settled by binding arbitration between you and any relevant Affiliate in your jurisdiction, or between you and Gopurs Technologies LLC if no other Affiliate is incorporated in your jurisdiction, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Gopurs are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the relevant Affiliate otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of this Agreement. This “Dispute Resolution” section applies to all Disputes (as defined below) between you and Gopurs and/or any of its Affiliates.

 

Arbitration Process and Rules.

 

Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Gopurs Platform or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

 

Other Provisions

 

Choice of Law.

 

This Agreement is governed by and construed in accordance with the laws of the jurisdiction in which the relevant Affiliate is incorporated, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.

 

Claims of Copyright Infringement.

 

Claims of copyright infringement should be sent to Gopurs at legal@Gopurs.com. the extent that there are any discrepancies or inconsistencies between the Global Terms of Service and the following jurisdiction-specific provisions, the jurisdiction-specific provisions shall prevail, govern and control for Users in those jurisdictions.

II.Telephone Communications and Agreement to be Contacted

(a) Your Consent to Receive Automated Calls/Texts.

You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive calls or text messages (which may include prerecorded voice messages, and/or autodialed calls) from Gopurs and Affiliates, or from independent contractors (including Service Providers) related to  promotions, your account, registration, onboarding, upcoming or scheduled Jobs, changes and updates, service outages, follow-ups to any push notifications delivered through our mobile application, any transaction with Gopurs, and/or your relationship with Gopurs . You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that Gopurs may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means, such as skip-tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from Gopurs and Affiliates, or from independent contractors (including Service Providers) even if you cancel your account or terminate your relationship with Gopurs, except if you opt-out. You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. Message frequency varies.  Carriers are not liable for delayed or undelivered messages. To opt-out, please see the Opt-Out instructions below.

(b) Opt-Out Instructions.

Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, text STOP to any text message you receive or email opt-out-texts@gopurs.com and specify that you want to opt out of text messages. You acknowledge and agree to accept a final text message confirming your opt-out. To opt-out of automated voice calls (not text messages) , you must provide Gopurs with written notice to opt-out@gopurs.com   revoking your consent to receiving automated calls; in that written notice, you must include your full name, mailing address, account number, and the specific phone number(s) for which you wish to stop automated calls.  It is your sole responsibility to notify Gopurs if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt-out of automated calls or text messages, we reserve the right to make non-automated calls to you.

(c) Fees and Charges.

There is no fee to receive automated telephone calls or text messages from Gopurs, our agents, affiliates, and independent contractors (including Service Providers). However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that Gopurs and its agents, affiliates, and independent contractors (including Service Providers) are not responsible for such charges.

(d) Unauthorized Use of Your Telephone Device.

You must notify Gopurs immediately of any breach of security or unauthorized use of your telephone device. Although Gopurs and Affiliates, and independent contractors (including Service Providers) will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.

(e) Your Indemnification to Gopurs.

You agree to indemnify Gopurs and Affiliates, and independent contractors (including Service Providers) for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify Gopurs of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold Gopurs and Affiliates harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). Gopurs shall have the exclusive right to choose counsel, at your expense, to defend any such claims.

(f) General.

You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section 28A will survive termination of these Terms of Service.

III.Worker Classification and Withholdings

Gopurs does not employ Service Providers. Gopurs is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to unemployment or employment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with a User’s use of the Gopurs Platform. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.

I V.Media and User Generated Content

To the extent permitted by law, you hereby grant Gopurs a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects you provide to Gopurs (collectively, “Media” ) in exchange for use of the Gopurs Platform, in any media now known or not currently known in order to market, operate, and improve upon the Gopurs Platform, including but not limited to the right to the following:

• Use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Media or User Generated Content;

• Exhibit, distribute, display, transmit, and broadcast on any and all media (including, without limitation, the internet), any Media or User Generated Content (or portion thereof) or any videotape, film, recording, or photograph (or portion thereof) that such User provides to Gopurs or that Gopurs takes of User, and use, reproduce, modify, or creative derivatives of such User Generated Content or Media, including such User’s picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”) in any format and through any distribution channels;

• Reproduce in any and all media any recordings of such User’s voice, and any related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Gopurs Platform or any Gopurs promotional campaigns;

• Use, and permit to be used, such User’s User Generated Content, Media, Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Gopurs Platform in any media, in any format and through any distribution channels; and

• Use, and permit to be used, such User’s name and identity in connection with the Gopurs Platform or any Gopurs promotional campaigns.

Further, you hereby waive any and all moral rights in connection with the Media (to the extent allowable by law in the country where the job is performed). Each User warrants and represents that they have the lawful authority to grant the rights set out above and that such rights do not negatively impact any third-party rights.

Each User acknowledges that Gopurs shall not owe any financial or other remuneration for using the User Generated Content, Media, Physical Likeness, or Voice provided hereunder by such User, either for initial or subsequent transmission or playback.

Each User hereby waives all rights and releases Gopurs and Affiliates from, and shall hold harmless against any such parties for, any claim or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, User Generated Content, Physical Likeness, Media, or Voice in connection with the Gopurs Platform.

V.Background Checks

If a Service Provider, you agree to promptly disclose to Gopurs in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses), that arise during your use of the Gopurs Platform.

VI.Gift Cards

You agree that you will comply with all Gift Card terms and conditions. In certain U.S. states, after a period of time, Gopurs may remit the cash associated with unused Gift Card balances to the state pursuant to that state’s abandoned property laws. Once Gopurs has remitted such cash to a state, the Gift Card may no longer be redeemed and Gopurs may direct the Gift Card holder to that state’s government instead. Gift Cards have no cash value and are not redeemable for cash except in the following twelve U.S. states where it is required by law to the extent noted below. If you are a resident of one of these U.S. states, and the balance on your Gift Card is less than the respective dollar amount below, you may redeem it for cash:

• California < $10

• Colorado < $5

• Connecticut < $3

• Maine < $5

• Massachusetts < 10% original value remaining

• Montana < $5

• New Jersey < $5

• Oregon < $5

• Rhode Island < $1

• Texas < $2.50

• Vermont < $1

• Washington < $5

Simply contact Gopurs at help.tr.co, and provide (a) the email associated with your account (b) the gift card coupon code and (c) the amount remaining in your gift card balance.  Upon verification of your account and confirmation that your Gift Card balance qualifies you for redemption, Gopurs will pay out the remaining balance.  

VII . Sales Tax Collection and Remittance

In jurisdictions where Gopurs facilitates the collection and/or remittance of sales tax on behalf of Service Providers, you instruct and authorize Gopurs to collect taxes on your behalf, and/or to remit such Taxes to the relevant tax authority.   You acknowledge and agree that we retain the right to cease the collection and remittance of sales taxes in a particular jurisdiction as permitted by law.  You should consult with your own tax advisor to ensure your compliance with all applicable tax reporting requirements.

VIII.Release

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH READS AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

If you are not a California resident, you waive your rights under any statute, regulation, or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

Further, in consideration of the services provided by Gopurs, you hereby release Gopurs from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities, or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).

Gopurs and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

IX.Governing Law

Except as expressly provided otherwise, this Agreement and your use of the Gopurs Platform will be governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise.

B. Residents of Canada.

I. Dispute Resolution – Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND GOPURS CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU AND GOPURS TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.

(a) Agreement to Binding Arbitration

Except where prohibited by law, any controversy, claim or dispute arising out of, relating to, or in respect of these Terms, including their negotiation, validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any party, or the rights, duties or obligations of any party derived from or associated with these Terms (a “Dispute” ), shall be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules, a current copy of which are available here  (the “ ADR Rules ”). In accepting these Terms of Service, you acknowledge receipt of and a reasonable opportunity to review the ADR Rules. Under the ADR Rules, there is a fee associated with filing for arbitration in respect of a Dispute; applicable filing fees will be as set out in the ADR Rules. By way of example, as of August 2020, the filing fee under the ADR Rules is $350 + taxes (for Disputes involving between $0-$10,000); and $600 + taxes (for Disputes involving between $10,000-$75,000).

If the parties have not agreed upon an arbitrator within 14 days, unless otherwise agreed by the parties in writing, the parties shall ask the ADR Institute of Canada, Inc. to appoint a single arbitrator. For greater certainty, neither Service Providers nor Clients shall commence or participate in a class proceeding or other aggregate action in respect of any Dispute, except and to the extent that provincial consumer protection legislation expressly preserves such an entitlement in the context of the particular Dispute.

The seat of the arbitration shall be the same as the province in which the Service Provider performs the majority of the Job services and the applicable arbitration legislation in the seat shall apply to the Dispute. The arbitration shall be heard in the capital of the seat, unless the parties agree otherwise. The costs and expenses of the arbitrator shall be shared equally between the parties. A party to the arbitration has no right of appeal from any award of the Arbitrator, whether characterized as final, interim, interlocutory or partial.

All Disputes referred to arbitration (including the scope of the agreement to arbitrate, the law relating to the enforcement of the agreement to arbitrate, any relevant limitation periods, the law governing the procedure of the arbitration, the law relating to available remedies, set-off claims and conflict of laws rules) shall be governed by the law of the seat. Each party hereby irrevocably consents to venue in the capital of the seat, and to the jurisdiction of competent courts in the capital of the seat for all litigation that may be brought; however it is agreed and acknowledged that the intention of the parties is to arbitrate the Dispute without recourse to the courts. The arbitration be conducted in English, except in Quebec, where the arbitration shall be conducted in either English or French at the election of the Service Provider.

A party to this Agreement may take such steps as are permitted or required to enforce an award made by an Arbitrator. Except as required by law, and only to the extent that such disclosure is reasonably necessary, or for the purposes of obtaining professional advice, the existence of the arbitration and any element of the arbitration, including any award, shall be confidential and shall not be disclosed to any non-party to the arbitration. No document or other evidence or information prepared for or produced by or on behalf of any party to the arbitration shall be disclosed to any non-party to the arbitration.

Notwithstanding anything to the contrary in this Section, nothing in this Section prevents a Service Provider from making a report to or filing a claim, application or charge with the applicable governmental or administrative agency or tribunal, including, as applicable, the applicable Ministry of Labour, human rights commission or tribunal, and labour relations board, (cumulatively, “administrative agencies”) if the terms of applicable legislation entitles you to do so and precludes exclusive pre-dispute recourse to arbitration. For the avoidance of any doubt, administrative agencies do not include provincial or federal courts.

II. Telephone Communications and Agreement to be Contacted

By providing your mobile phone number and using the Gopurs Platform, you hereby affirmatively consent to use of your mobile phone number for calls and recurring text messages, (including with an autodialer and/or prerecorded voice) by Gopurs and Affiliates, or from independent contractors (including Service Providers) in order to (a) perform and improve upon the Gopurs Platform, (b) facilitate the carrying out of Jobs through the Gopurs Platform, and (c) provide you with information and reminders regarding your registration, orientation, upcoming Jobs, product alterations, changes and updates, service outages or alterations. These calls and texts may include, among other things, reminders about uncompleted or upcoming Jobs and/or in follow up to any push notifications delivered through our mobile application. Message frequency varies.  Carriers are not liable for delayed or undelivered messages. Gopurs will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from Gopurs by modifying your account settings on the Sites or Apps, texting “STOP” in response to any texts, or by emailing opt-out-texts@gopurs.com  and specifying you want to opt-out of texts. You may opt-out of receiving calls from Gopurs by stating that you no longer wish to receive calls during any call with us, or by emailing opt-out-texts@gopurs.com  and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.

III. Worker Classification and Withholdings

Gopurs does not employ Service Providers. Gopurs is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to applicable sales taxes, HST/QST/GST/PST, unemployment or employment insurance, Canada Pension Plan, social security, disability insurance or any other applicable federal or provincial withholdings in connection with a User’s use of the Gopurs Platform. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.

IV. Media and User Generated Content

To the extent permitted by law, you hereby grant Gopurs a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects you provide to Gopurs (collectively, “Media” ) in exchange for use of the Gopurs Platform, in any media now known or not currently known in order to market, operate, and improve upon the Gopurs Platform, including but not limited to the right to the following:

• Use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Media or User Generated Content;

• Exhibit, distribute, display, transmit, and broadcast on any and all media (including, without limitation, the internet), any Media or User Generated Content (or portion thereof) or any videotape, film, recording, or photograph (or portion thereof) that such User provides to Gopurs or that Gopurs takes of User, and use, reproduce, modify, or creative derivatives of such User Generated Content or Media, including such User’s picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”) in any format and through any distribution channels;

• Reproduce in any and all media any recordings of such User’s voice, and any related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Gopurs Platform or any Gopurs promotional campaigns;

• Use, and permit to be used, such User’s Media, Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Gopurs Platform in any media, in any format and through any distribution channels; and

• Use, and permit to be used, such User’s name and identity in connection with the Gopurs Platform or any Gopurs promotional campaigns.

Further, you hereby waive any and all moral rights in connection with the Media (to the extent allowable by law). Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third party rights.

Each User acknowledges that Gopurs shall not owe any financial or other remuneration for using the Media, Physical Likeness, or Voice provided hereunder by such User, either for initial or subsequent transmission or playback.

Each User hereby waives all rights and releases Gopurs and Affiliates from, and shall hold harmless against any such parties for, any claim or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, Physical Likeness, Media, or Voice in connection with the Gopurs Platform.

V. Background Checks

If a Service Provider, you will promptly disclose to Gopurs in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses) that arise during your use of the Gopurs Platform.

VI.Governing Law

Except as expressly provided otherwise, this Agreement and your use of the Gopurs Platform will be governed by, and will be construed under, the laws of the Province of Ontario, without regard to choice of law principles. This choice of law provision is only intended to specify the use of Ontario law to interpret this Agreement and is not intended to create any substantive right to non-residents of Ontario to assert claims under Ontario law whether by statute, common law, or otherwise.

X. Gopurs Legal Notice and contact

The Gopurs websites and mobile apps are owned and operated by Gopurs, Inc., a company registered in Delaware (United States).

Contact address: support@gopurs.com

If you have any questions about the Agreement or about the Gopurs Platform, please contact us by using the means listed above.

29. Acknowledgement and Consent

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY AND HAPPINESS PLEDGE, AND AGREE THAT MY USE OF THE GOPURS PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.