User Agreement: www.NearFetch.com

NearFetch operates an online platform allowing Users to connect through the NearFetch Platform with other Users who provide Services.

Please read these terms and all Policies including the Community Guidelines and Privacy Policy carefully before using the NearFetch Platform. These Policies are incorporated into this Agreement by reference.

All defined terms in this Agreement have the meaning given to them in the NearFetch Glossary.

1. SCOPE OF NearFetch SERVICES

Basic Principles

• 1.1 NearFetch provides the NearFetch Platform to enable Posters to publish Posted Tasks.
• 1.2 Taskers may make an Offer in response to a Posted Task. Some parts of Offer details may be made publicly available, including to internet users who are not Users.
• 1.3 A Poster may revoke or modify a Posted Task at any time before he/she accepts an Offer. NearFetch reserves the right to cancel all Offers on a Posted Task made prior to the modification.
• 1.4 If a Poster accepts an Offer on the NearFetch Platform, the Posted Task is assigned to that particular Tasker. At this point, a Task Contract is created between the Tasker and the Poster.
• 1.5 Upon creation of a Task Contract, the Poster must pay the Agreed Price for the Posted Task into the Payment Account.
• 1.6 Upon creation of the Task Contract, NearFetch has rendered NearFetch Services and the Connection Fee is due and payable.
• 1.7 Once the Task Contract is created, the Tasker and Poster may vary the Task Contract on the NearFetch Platform. The Poster and Tasker are strongly encouraged to use NearFetch's private messaging system to amend or vary the Task Contract (including the Agreed Price) or to otherwise communicate.
• 1.8 Once the Services are complete, both the Poster and the Tasker must provide notice of that on the NearFetch Platform.
• 1.9 Following confirmation by both the Tasker and the Poster that the Posted Task has been completed, or if NearFetch is satisfied the Services have been completed, the Tasker Service Fee will be payable and the Tasker Funds will be released by NearFetch from the Payment Account to the Tasker.
• 1.10 After the Task Contract is completed, the parties are encouraged to review and provide feedback of the Services on the NearFetch Platform.

Tasker Listing

• 1.11 NearFetch may also provide a Tasker Listing feature enabling Taskers to publish Offers for Services.
• 1.12 NearFetch may publish Tasker Listings from time to time in its absolute discretion.
• 1.13 A Poster may request to book a Tasker Listing by clicking on the Request Booking button and completing the booking request. The Tasker may then make an offer to perform the Task. When using Tasker Listing, a Task Contract is created when the Poster accepts the offer made by the Tasker and the Task is assigned to that Tasker.
• 1.14 A Tasker may revoke or modify its Tasker Listing at any time before a Poster accepts a Tasker's offer.

2. NearFetch'S ROLE AND OBLIGATIONS

• 2.1 NearFetch provides the NearFetch Service in consideration for the Connection Fee and the Tasker Service Fee
• 2.2 NearFetch only permits individuals over 18 years of age to become Users.
• 2.3 Users must be natural persons, but can specify within their account description that they represent a business entity.
• 2.4 In its absolute discretion, NearFetch may refuse to allow any person to become a User or cancel or suspend or modify any existing account including if NearFetch reasonably forms the view that a User's conduct (including a breach of this Agreement) is detrimental to the operation of the NearFetch Platform.
• 2.5 No charges apply in respect of the following actions on the NearFetch Platform:
  1. a. Registering and creating an account;
  2. b. Creating a Posted Task;
  3. c. Users accessing and reviewing content on the NearFetch Platform, including Posted Tasks.
• 2.6 NearFetch accepts no liability for any aspect of the Poster and Tasker interaction, including but not limited to the description, performance or delivery of Services.
• 2.7 NearFetch is not responsible for, and does not warrant the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Taskers to perform tasks or supply items, or the honesty or accuracy of any information provided by Posters or the Posters' ability to pay for the Services requested.
• 2.8 Except for liability in relation to any Non-excludable Condition, the NearFetch Service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
• 2.9 NearFetch has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve the User experience.
• 2.10 You understand and agree that:
  1. a. NearFetch does not undertake any investigation in relation to any Tasker or third party service provider before they become a User, including criminal checks, verification of qualification or license held, or any character or other checks of the suitability of a Tasker or third party service provider to perform any task which they may claim to be able to provide on the platform;
  2. b. You are solely responsible for conducting any appropriate background checks and obtaining references, licenses, certifications, or proof of insurance prior to engaging a Tasker to perform services;
  3. c. You are solely responsible for making your own evaluations, decisions and assessments about choosing a Tasker; and
  4. d. Assume all risks and you agree to expressly release, indemnify and hold harmless NearFetch from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the services.

3. USER OBLIGATIONS

• 3.1 You will at all times:
  1. a. comply with this Agreement (including all Policies) and all applicable laws and regulations;
  2. b. only post accurate information on the NearFetch Platform;
  3. c. ensure that You are aware of any laws that apply to You as a Poster or Tasker, or in relation to Your use of the NearFetch Platform.
• 3.2 You agree that any content (whether provided by NearFetch, a User or a third party) on the NearFetch Platform may not be used on third party sites or for other business purposes without NearFetch's prior written permission.
• 3.3 You must not use the NearFetch Platform for any illegal or immoral purpose.
• 3.4 You must maintain control of Your NearFetch account at all times. This includes not allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
• 3.5 You grant NearFetch an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the NearFetch Platform for the purpose of publishing material on the NearFetch Platform and as otherwise may be required to provide the NearFetch Service, for the general promotion of the NearFetch Service, and as permitted by this Agreement.
• 3.6 You agree that any information posted on the NearFetch Platform must not, in any way whatsoever, be potentially or actually harmful to NearFetch or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by NearFetch.
• 3.7 Without limiting any provision of this Agreement, any information You supply to NearFetch or publish in an Offer or a Posted Task (including as part of an Offer) must be up to date and kept up to date and must not:
  1. a. be false, inaccurate or misleading or deceptive;
  2. b. be fraudulent or involve the sale of counterfeit or stolen items;
  3. c. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
  4. d. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
  5. e. be defamatory, libellous, threatening or harassing;
  6. f. be obscene or contain any material that, in NearFetch's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
  7. g. contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any NearFetch Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
• 3.8 The NearFetch Platform may from time to time engage location-based or map-based functionality. The NearFetch Platform may display the location of Posters and Taskers to persons browsing the NearFetch Platform. A User should never disclose personal details such as the Poster's full name, street number, phone number or email address in a Posted Task or in any other public communication on the NearFetch Platform.
• 3.9 If You are a Tasker, You must have the right, licence or all other necessary skills (as applicable) to provide the relevant Services contracted under a Task Contract and the right to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment (including Tasker Funds) received under a Task Contract.
• 3.10 You must not, when supplying Services, charge a Poster any fees on top of the Tasker Funds. However, the parties to a Task Contract may agree to amend the Agreed Price through the NearFetch Platform.
• 3.11 You must not request payments outside of the NearFetch Platform from the Poster for the Services except to the extent permitted by clause 3.12 and only if the NearFetch Platform does not facilitate the reimbursement via the Payment Account of costs considered in clause 3.12.
• 3.12 If a Tasker agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Tasker is solely responsible for obtaining any reimbursement from the Poster. Correspondence in respect of agreeing to these additional costs should be carried out on the NearFetch Platform. NearFetch advises Taskers not to agree to incur costs in advance of receiving the payment for these costs, unless the Tasker is confident the Poster will reimburse the costs promptly.
• 3.13 For the proper operation of the NearFetch Platform (including insurance, proper pricing and compliance with Policies), the Tasker must ensure that, provided the Customer provides its prior written consent to the subcontracting of any part of the performance of the Task Contract to a third party, then that third party must also be a registered User of the NearFetch Platform.
• 3.14 If NearFetch determines at its sole discretion that You have breached any obligation under this clause 3 or that You have breached one or more Task Contracts, it reserves the rights to remove any content, Posted Task or Offer You have submitted to the NearFetch Service or cancel or suspend Your account and/or any Task Contracts.

4. FEES

• 4.1 A Connection Fee is payable to NearFetch in respect of bookings made on the Platform. When a Customer accepts a Tasker's offer, the Task is assigned to that Tasker and a Task Contract is formed between the two parties. At this time the Customer will be charged the Agreed Price plus the Connection Fee as consideration for the Poster's use of the NearFetch Services.
• 4.2 Separate to the Connection Fee charged to the Poster, a Tasker is charged a Tasker Service Fee as consideration for the Tasker's use of the NearFetch Services.
• 4.3 At such time that the Customer releases the Task Payment to the Tasker, the Tasker Service Fee (will be deducted from the Task Payment) and the Connection Fee (separately paid by the Customer) will be retained by NearFetch.
• 4.4 The Connection Fee and the Tasker Service Fee are GST inclusive(or equivalent tax on supplies, including VAT).
• 4.5 Subject to clause 5, all Fees payable to NearFetch are non-cancellable and non-refundable, save for Your rights under any Non-Excludable Conditions.
• 4.6 If NearFetch introduces a new service on the NearFetch Platform, the Fees applying to that service will be payable from the launch of the service.
• 4.7 NearFetch reserves the right to amend the amount of any Fees (including the Connection Fee and Tasker Service Fee) from time to time and any changes will be updated on NearFetch's website.

5. PAYMENTS, REFUNDS AND CANCELLATIONS

• 5.1 If the Task Contract is cancelled for any reason (by a Poster, a Tasker or under this Agreement) prior to the commencement of the Task Contract, then if NearFetch is reasonably satisfied that the Agreed Price (and if applicable, the Connection Fee) should be returned to the Poster then those amounts (as applicable) will be refunded to the Poster as NearFetch Credits and a Cancellation Fee will be due to NearFetch by the User who the cancellation of the Task Contract is attributable to under clause 5.7 or 5.8.
• 5.2 If the Poster is responsible for the cancellation of the Task Contract (see clause 5.8), the Connection Fee will be retained by NearFetch.
• 5.3 If the Tasker is responsible for the cancellation of the Task Contract (see clause 5.7), NearFetch will deduct the Cancellation Fee from the Tasker's next payout request (or from multiple payout requests, until the Cancellation Fee is fully paid see below).
• 5.4 Cancellation Fees deducted from Tasker payout requests are capped at a maximum of 50% of the total payout request (so may require deductions across multiple payout requests).
• 5.5 Upon request by the relevant Customer submitted to NearFetch Support, NearFetch may refund the Agreed Price (and Connection Fee, as applicable) to the Poster's original payment method.
• 5.6 Any amount returned by NearFetch to a Poster on behalf of a Tasker under clause 5.1 will be a debt owed by the Tasker to NearFetch and may be offset by NearFetch against any other payments owed at any time to the Tasker.
• 5.7 Any outstanding Cancellation Fee owed by a User under clause 5.1 will be a debt owed by that User to NearFetch and may also be offset by NearFetch against any other payments owed at any time to the User.
• 5.8 Cancellation of a Task Contract will be attributable to the Tasker where:
  1. a. the Poster and the Tasker mutually agree to cancel the Task Contract; or
  2. b. following reasonable but unsuccessful attempts by a Poster to contact a Tasker to perform the Task Contract, the Task Contract is cancelled by the Poster; or
  3. c. the Tasker cancels the Task Contract; or
  4. d. a Task Contract is cancelled in accordance with clause 3.14 as a result of the Tasker's actions or breach.
• 5.9 A Cancellation of a Task Contract will be attributable to a Poster where:
  1. a. the Poster cancels the Task Contract (other than in accordance with clause 5.8(b); or (b) a Task Contract is cancelled in accordance with clause 3.14 as a result of the Poster's actions or breach. (c) a Task has been automatically cancelled in accordance with clause 4.5 of Appendix A Model Task Contract terms.
• 5.10 If the parties agree to any additional cancellation fee payable under the Task Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
• 5.11 NearFetch may take up to 5-7 business days to process the return of the Agreed Price (less the Cancellation Fee, if applicable) to the Poster as NearFetch Credits or to process (following a request from a Poster) a refund to the Poster's original payment method.
• 5.12 If, for any reason, the Tasker Funds cannot be transferred or otherwise made to the Tasker or returned to the Poster (as the case may be) or no claim is otherwise made for the Tasker Funds, the Tasker Funds will remain in the Payment Account until paid or otherwise for up to three months from the date the Poster initially paid the Agreed Price into the Payment Account.
• 5.13 Following the 3 months referred to in clause 5.112, and provided there is still no dispute in respect of the Tasker Funds, the Tasker Funds will be credited to the Poster as NearFetch Credits.
• 5.14 If the Task Contract is cancelled and a User who is party to the Task Contract can show that work under a Task Contract was commenced, then the amount of the Agreed Price to be returned to the Poster will be conditional upon the mediation and dispute process in clause 18. However, the Cancellation Fee will always be due in accordance with clause 5.1.
• 5.15 NearFetch may suspend a User Account in its sole discretion for repeated Cancellations.

6. NearFetch CREDITS

• 6.1 NearFetch Credits:
  1. a. can be used by the credited User to pay for any new Services via the NearFetch Platform;
  2. b. are not refundable or redeemable for cash other than where the Poster has submitted a request for the return of NearFetch Credits to their original payment method;
  3. c. cannot be replaced, exchanged or reloaded or transferred to another card or account;
  4. e. acquired other than under this Agreement, may also be conditional on compliance with additional, or different, terms and conditions, as specified in relation to NearFetch Credits, such as a restriction on when the NearFetch Credits is redeemable (for example only for a User's first Task Contract), specify a minimum Services value, or specify a maximum credit or discount value; and
  5. f. must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the credited User, or stored in a data retrieval system, without NearFetch's prior written permission.
• 6.2 The User credited with a NearFetch Credits is solely responsible for the security of any NearFetch Credits. Save for the Non-Excludable Conditions, NearFetch will have no liability for any loss or damage to the NearFetch Credits and does not have any obligation to replace NearFetch Credits.
• 6.3 NearFetch will not accept, and may refuse or cancel, any NearFetch Credits, which it reasonably determines in its discretion, have been used in breach of this Agreement or have been forged, tampered with, or are otherwise fraudulent and NearFetch reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, NearFetch Credits, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
• 6.4 NearFetch is entitled to any value on NearFetch Credits which is not redeemed before the NearFetch Credits expires or is cancelled by NearFetch.

7. PAYMENT FACILITY

• 7.1 NearFetch uses a Payment Provider to operate the Payment Account.
• 7.2 In so far as it is relevant to the provision of the Payment Account, the terms at https://stripe.com/ssa/ are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Payment Account.
• 7.3 If NearFetch changes its Payment Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.

8. VERIFICATION & BADGES

• 8.1 NearFetch may use Identity Verification Services.
• 8.2 You agree that NearFetch Identity Verification Services may not be fully accurate as all NearFetch Services are dependent on User-supplied information and/or information or Verification Services provided by third parties.
• 8.3 You are solely responsible for identity verification and NearFetch accepts no responsibility for any use that is made of an NearFetch Identity Verification Service.
• 8.4 NearFetch Identity Verification Services may be modified at any time.
• 8.5 The NearFetch Platform may also include a User-initiated feedback system to help evaluate Users.
• 10.6 NearFetch may make Badges available to Taskers. The available Badge can be requested by the Tasker via the NearFetch Platform and arranged on behalf of the Tasker and issued by NearFetch, for a fee. Obtaining Badges may be conditional upon the provision of certain information or documentation by the Tasker and determined by NearFetch or a third-party verifier which shall be governed by its terms.
• 8.7 You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering into a Task Contract, you do so aware of this limitation. You should seek to verify any Badge with the Tasker prior to commencing the task.
• 8.8 It remains the Tasker's responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform NearFetch immediately if a Badge is no longer valid.
• 8.9 NearFetch may, at its discretion, issue Badges to Taskers for a fee.
• 8.10 The issue of a Badge to a Tasker remains in the control of NearFetch and the display and use of a Badge is licensed to the Tasker for use on the NearFetch Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the NearFetch Platform.
• 8.11 NearFetch retains the discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by NearFetch.

9. COVID-19 VACCINATION BADGES

User Obligations

• 9.1 For a COVID-19 vaccination badge (Covid Badge) to be added to your NearFetch user profile, You must provide NearFetch with a copy of your government issued COVID-19 vaccination documentation (Covid Documentation). By providing the Covid Documentation for assessment, you represent and warrant to NearFetch that the Covid Documentation is genuine and was issued to you by the relevant federal or state government authority. You also represent and warrant that all information you provide in relation to the Covid Badge verification process is true, accurate, and not misleading, deceptive, or fraudulent in any manner. If you provide any data that is not true and accurate or is misleading, deceptive, or fraudulent you may be barred from using the NearFetch platform in future.

Consent to Process Data

• 9.2 By submitting your personal information or otherwise using the NearFetch platform or presenting a Covid Badge on your profile, you consent to the use, processing and storage of your personal information, including sensitive medical data provided, in accordance with these terms and conditions. You expressly acknowledge that NearFetch may provide your personal information to any third-party service provider contracted for the purposes of assessing your data. NearFetch (and its third-party processors) may store your personal information for the duration of your period as a User of the NearFetch platform and up to 6 months after you terminate your profile on the platform.

Assessment Process

• 9.3 NearFetch (or its third party processors) will assess the Covid Documentation provided by a User and verify that:
  1. the Covid Documentation is consistent in form and content with certificates then being issued by the relevant federal or state government authority.
  2. the name on the Covid Documentation matches the name of the User (Customer or Tasker) recorded on the NearFetch platform.
• NearFetch will take no other steps to verify the validity of the Covid Documentation. Once this information is verified the Covid Badge will be issued. The Covid Badge is evidence that NearFetch has carried out the above steps only. NearFetch gives no warranty or representation that the Covid Documentation has been properly issued or is otherwise current and valid, or that the User has been vaccinated.
• 9.4 You understand and agree that individual Users (Customers or Taskers) are solely responsible for the accuracy of the information they provide and NearFetch does not undertake investigations in relation to Users' vaccination status. You further understand and agree that it is solely your responsibility to verify the vaccination status of any User (Customer or Tasker) you may come in contact with during the course of a Task, whether or not they have a Covid Badge. You expressly release, indemnify and hold harmless NearFetch and its associates and its third-party processors from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the Covid status of a User in relation to any services provided or acquired through the NearFetch platform.

Disclaimer

• 9.5 USERS OF THE PLATFORM ACKNOWLEDGE THAT THE ONLY STEPS NearFetch HAS TAKEN TO ASSESS THE VERACITY OF THE COVID DOCUMENTATION ARE AS SET OUT ABOVE. CONSEQUENTLY, THE ISSUE OF A COVID BADGE TO A USER (CUSTOMER OR TASKER) BY NearFetch MAY NOT BE RELIED UPON AS VERIFICATION THAT THE USER HAS VALID COVID DOCUMENTATION ISSUED BY A RELEVANT GOVERNMENT AUTHORITY OR IS VACCINATED. NearFetch EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY LOSS OR DAMAGE INCURRED BY A USER OF THE PLATFORM IN RELIANCE ON THE COVID BADGE OTHER THAN AS EXPRESSLY CONTEMPLATED BY THESE TERMS AND CONDITIONS.

10. INSURANCE

• 10.1 NearFetch may offer its Users in United Arab Emirates an opportunity to obtain insurance for certain Task Contracts. All such insurance will be offered by a third party. Any application and terms and conditions for such third-party insurance will be displayed on the NearFetch website when they are available. NearFetch confirms that all insurance policies are Third Party Services and governed by further terms set out for Third Party Services.
• 10.2 NearFetch does not represent that any insurance it acquires or which is offered via the NearFetch Platform is adequate or appropriate for any particular User.
• 10.3 Each User must make its own enquiries about whether any further insurance is required and Taskers remain responsible for ensuring that they have, and maintain, sufficient insurance to cover the Services provided to other Users of the NearFetch Platform.
• 10.4 NearFetch may also take out other insurance itself and that insurance may at NearFetch's option extend some types of cover to Users. NearFetch reserves the right to change the terms of its insurance policies with the third-party insurance providers at any time. A summary of the policies is available on the NearFetch website and the policy details can be requested via NearFetch. Users are responsible for familiarising themselves with these details.
• 10.5 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Tasker, and the insurance taken out by NearFetch (if any) responds to that claim then this clause applies. If a claim is made against a Tasker, NearFetch may (provided that the Tasker consents) elect to make a claim under any applicable policy and if the claim is successful, NearFetch reserves its right to recover any excess or deductible payable in respect of the claim from the Tasker. Where NearFetch makes a claim and the insurer assesses that the Tasker is responsible, NearFetch is entitled to rely on that assessment. If You do not pay any excess due under this clause, NearFetch may also elect to set this amount off some or all of the excess paid by it against future moneys it may owe to You.
• 10.6 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Tasker, and the insurance taken out by NearFetch (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. NearFetch may elect to reject or pay an amount to settle a claim not covered by NearFetch's own insurance policies. To the extent that the Tasker was or would be liable for the amount of the claim, if NearFetch elects to pay an amount to settle the claim the amount paid by NearFetch may be recovered by NearFetch from the Tasker. NearFetch may also elect to set this amount off against future moneys it may owe to the Tasker.

11. LIMITATION OF LIABILITY

• Please see Your Country Specific Terms for the applicable exclusions and limitations of liability.

12. PRIVACY

• 12.1 Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, you must review and agree to their terms of service including their privacy policy.
• 12.2 NearFetch will endeavour to permit you to transact anonymously on the NearFetch Platform. However, in order to ensure NearFetch can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, NearFetch reserves the right to ask Users to verify themselves in order to remain a User.

13. MODIFICATIONS TO THE AGREEMENT

• 13.1 NearFetch may modify this Agreement or the Policies (and update the NearFetch pages on which they are displayed) from time to time. Where NearFetch make material modifications, we will send notification of such modifications to Your NearFetch account or advise You the next time You login.
• 13.2 When You actively agree to amended terms (for example, by clicking a button saying "I accept") or use the NearFetch Platform in any manner, including engaging in any acts in connection with a Task Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
• 13.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify NearFetch who will terminate Your NearFetch account, and stop using the NearFetch Service.

14. NO AGENCY

• 14.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, You have no authority to bind NearFetch, its related entities or affiliates in any way whatsoever. NearFetch confirms that all Third-Party Services that may be promoted on the NearFetch Platform are provided solely by such Third Party Service providers. To the extent permitted by law, NearFetch specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third-Party Service.

15. NOTICES

• 15.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to NearFetch's contact address as displayed on the NearFetch Platform, or to NearFetch Users' contact address as provided at registration. Any notice shall be deemed given:
  1. a. if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
  2. b. if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside the jurisdiction in which You have Your NearFetch Platform account.
• 15.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider's terms and conditions.

16. MEDIATION AND DISPUTE RESOLUTION

• 16.1 NearFetch encourages You to try and cooperate with the other User to try and make a genuine attempt to resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that NearFetch may, in its absolute discretion, share Your information with other parties involved in the dispute.
• 16.2 NearFetch may elect to assist Users resolve disputes. Any User may refer a dispute to NearFetch. You must co-operate with any investigation undertaken by NearFetch. NearFetch reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or NearFetch's determination in an applicable court or tribunal.
• 16.3 NearFetch has the right to hold any Agreed Price that is the subject of a dispute in the Payment Account, until the dispute has been resolved.
• 16.4 NearFetch may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third-Party Dispute Service will be available on request. The Third-Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
• 16.5 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.
• 16.6 If You have a complaint about the NearFetch Service please contact us here.
• 16.7 If NearFetch provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to NearFetch for any costs, losses or liabilities incurred by NearFetch in relation to any claims relating to any other use of information not permitted by this Agreement.

17. TERMINATION

• 17.1 Either You or NearFetch may terminate your account and this Agreement at any time for any reason.
• 17.2 Termination of this Agreement does not affect any Task Contract that has been formed between NearFetch Users.
• 17.3 Sections 4 (Fees), 13 (Limitation of Liability) and 18 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
• 17.4 If Your account or this Agreement are terminated for any reason then You may not without NearFetch's consent (in its absolute discretion) create any further accounts with NearFetch and we may terminate any other accounts You operate.

18. GENERAL

• 18.1 This Agreement is governed by the laws specified in Your Country Specific Terms.
• 18.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
• 18.3 This Agreement may be assigned or novated by NearFetch to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
• 18.4 This Agreement sets out the entire understanding and agreement between the User and NearFetch with respect to its subject matter.