- The term “Service” refers to the services provided by UpTasker, including without limitation access to UpTasker’s online community; communication tools; document management and storage solutions; and payment services. UpTasker does not provide an accountant referral service. We provide a venue for our Users to meet and exchange information with our Accountant Users.
- The “Website” refers to UpTasker’s website located at https://www.UpTasker.com, all subpages and subdomains, and all content, services, tasks, and products available at or through the Website.
- “UpTasker,” “We,” and “Us” refer to Limpiditi Sarl registered in Canton Vaud, Switzerland, as well as our affiliates, directors, subsidiaries, officers, and employees. Accountant Users are not part of UpTasker.
- “The User,” “You” and “Your” refer to the person, company, or organization that has visited or is using the Website and/or the Service. A User may be an Client User, an Accountant User, both, or neither.
- “Accountant Users” and “Taskers” refer to registered accountant users in the accounting field who may provide contracting or consulting work to UpTasker Users, who communicate with Accountant Users via the Service. Accountant Users are not the employees or agents of UpTasker. Please see Section 6 of this Agreement for more information about Accountant Users.
- “Client Users” refer to 1) Users who submit custom tasks to Accountant Users for providing accounting services for a fee (“Jobs”); and 2) Users who contract with Accountant Users for additional work beyond the initial Job which established the Accountant User-Client User relationship. Accountant Users may submit proposals (“Bids”) for such Jobs and may also establish terms of the relationship with the Client User via a signed engagement letter or other written agreement. Please see Section 6(b) for more information about Jobs, Bids, and Client Users.
- A "Task" is defined to be a set piece of work, at a set price, with a set delivery time. The price to be paid by the Client User, approach and deliverables are stated in the applicable Task order form provided by UpTasker ("Order").
- “Content” refers to content featured or displayed through the Website, including without limitation text, documents, information, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Website. Content includes, without limitation, User-Generated Content, which may be submitted by any UpTasker User (Client User or Accountant User).
- About the UpTasker Service. The UpTasker Service is a platform for collaboration and communication between accounting professionals and Users seeking accounting help. The UpTasker Service provides access to UpTasker’s virtual community of professional Accountant Users; easy collaboration through UpTasker’s communication management tools; document management and storage; and secure payment and invoicing tools.
- UpTasker is not an accounting firm. UpTasker does not offer accounting services or representation. UpTasker does not offer any financial or accounting advice, opinions, recommendations, referrals, or counseling. Accountant Users are not the employees or agents of UpTasker. UpTasker is not involved in agreements between Users or in the representation of Users. At no point may UpTasker be held liable for the actions or omissions of any Accountant User performing accounting services for you.
- Uptasker is not an accountant referral service. UpTasker is a curated marketplace and uses certain criteria to approve or reject Accountant User applicants to perform tasks on UpTasker. While UpTasker uses commercially reasonable efforts to verify that our registered Accountant Users are licensed accountants (i.e., Certified Public Accountants Users), we do not make any warranty, guarantee, or representation as to the accounting ability, competence, quality, or qualifications of any Accountant User, whether a registered or Certified Public Accountants Users. UpTasker does not warrant or guarantee that Accountant Users are covered by professional liability insurance or malpractice insurance.
- UpTasker does not vouch for any of its Users. Providing a service where potential clients and accounting professionals can meet does not imply an endorsement of any subscribing accountant or service provider. UpTasker does not sanction statements an accountant may post on the system. UpTasker makes no representation concerning the qualifications of non-accounting service providers.
- UpTasker Does Not Guarantee Results. From time to time, Client Users may submit reviews of Accountant Users; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future accounting matter. UpTasker will have no responsibility or liability of any kind for any User-Generated Content or accounting advice or financial advice you encounter on or through the Website, and any use or reliance on User-Generated Content or accounting advice or financial advice is solely at your own risk. We have no control over, and cannot guarantee the availability of any Accountant User at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Website or Services whatsoever.
- Use of UpTasker Does Not Create An Accountant-Client Relationship With UpTasker. UpTasker does not offer accounting advice or services. Any use of the UpTasker Service is not intended to, and does not, create an accountant-client relationship. Any communication via UpTasker may not be held confidential. UpTasker is not liable for the actions or omissions of any Accountant User performing consulting services for you. If you submit an accounting related question or task request to UpTasker, answers are (i) provided by independent accounting professionals and organizations, (ii) for informational purposes only, and (iii) do not establish any accountant-client relationship.
- User Responsibilities. You, and you alone, are responsible for your account and anything that happens while you are signed in to or using your account. Your security is your responsibility.
- User Account Security. If you sign up for the Service, you will create a personalized account, which includes a unique username and a password to access the Service and to receive messages from UpTasker. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify UpTasker immediately of any unauthorized use of account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or account.
While we take care to use only service providers that we believe are reputable and able to live up to our and your expectations, including about the handling of confidential information, UpTasker is not liable for unlawful or unauthorized use of confidential information by any of such persons unless such unlawful use was a direct result of our gross negligence or willful misconduct.
- Relationship with Accountant Users. Because we cannot guarantee the fitness of any of our Accountant Users for your specific needs, we encourage Client Users to research any Accountant User before accepting professional advice. Client Users may also request a written engagement agreement specifying the terms, scope, limitations, and conditions of the engagement.
- No Reliance on User-Generated Content. User-Generated Content posted on the Website, such as blog posts, is provided for informational purposes only, with no assurance that the User-Generated Content is true, correct, or accurate. User-Generated Content is not a substitute for professional accounting advice or a solicitation to offer accounting advice regarding specific facts.
- Compliance with Laws. You represent and warrant that: (i) you have the authority to, and are of accounting age in your jurisdiction to, bind yourself to this Agreement; (ii) your use of the Service will be solely for purposes that are permitted by this Agreement; (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Service will comply with all local, state and federal laws, rules, and regulations, and with all other UpTasker policies.
- Use and Conduct Restrictions. You are allowed to use the service as long as you follow a few basic rules. The following Use Restrictions and Conduct Restrictions are the basic rules we expect users to follow while using the Service. We are not responsible for the content our users post, and we have the right to close accounts if we need to.
- Prohibited Content. You agree that you will not under any circumstances transmit any Content (including software, text, images, or other information) that
- is unlawful or promotes unlawful activity
- defames, harasses, abuses, threatens, or incites violence towards any individual or group
- is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
- is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights
- impersonates any person or entity, including any of our employees or representatives; or
- violates the privacy of any third party.
- Users Must Be Over Age 18. You represent that you are over the age of 18. UpTasker does not target our Content to children or teenagers under 18, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User’s account immediately.
- No Liability for User Interactions; UpTasker May Monitor Interactions. Any liability, loss or damage that occurs as a result of any User interactions, including, without limitation, tasks and custom tasks, that you input or receive through your use of the Service is solely your responsibility. At our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
- Prohibited activities. Users have to use our Website for all communications, payments, and file sharing/work submission. Prohibited activities include but are not limited to: sharing your personal email to take the conversation off the Website; sharing, replicating or disclosing in any way any information, files or any other data you receive from job request forms; receiving or making payments outside of UpTasker platform; receiving partial payments on UpTasker platform and using third party providers to process the remaining amounts; encouraging users to take the conversation off The Website.
- User-Generated Content. You own your content, but you allow us certain rights to it, so that we can display and share the content you post. We have the right to remove content if we need to.
- Responsibility for User-Generated Content. You may create content, written or otherwise, while using the Service (“User-Generated Content”). You are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that content. Any liability, loss or damage that occurs as a result of the use of any User-Generated Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User-Generated Content.
- Right to Post. You represent and warrant that you have the right to post all User-Generated Content you submit. Specifically, you warrant that you have fully complied with any third party licenses relating to User-Generated Content, and have taken all steps necessary to pass through to end users any required terms.
- Ownership of User-Generated Content. Except for Content that originates from UpTasker, we do not claim ownership of any Content that is transmitted, stored, or processed in your account. You retain all ownership of, control of, and responsibility for User-Generated Content you post.
- License Grant. Solely to allow UpTasker to use Content you upload to the Service reasonably without violating any rights you have in it, you grant us the following rights: by posting any Content via the Website, you expressly grant UpTasker and our successors a worldwide, sublicense able, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, distribute, and perform the Content in connection with UpTasker’s business purpose. This license does not grant UpTasker the right to sell User-Generated Content or otherwise distribute it outside of our Website. This license will terminate at the time when the Content is removed from the Website.
- Accountant Users. Accountant Users are independent accounting professionals who offer to perform accounting services for prospective Client Users. They are not employees of UpTasker.
- No Accountant-Client Relationship through Website Use. Use of the UpTasker Website may not form an accountant-client relationship with Accountant Users. Information posted publicly on the Website; or information sent in an unsolicited message to a User is not intended as accounting or financial advice, is not confidential, and does not create an accountant-client relationship. It is considered User-Generated Content.
- User Responsibilities. Accountant Users are solely responsible for ensuring that any information, solicitations, or advertisements they post or place on the Website, including without limitation User-Generated Content, and any communications they may have with prospective clients through the Website or the Service, fully comply with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of accounting and those regulating the form, manner or content of communications with clients, advertising, or other matters.`
- Payment of Accountant Users. Certain specific terms govern Accountant Users and payment.
- UpTasker Is Not A Party To Contracts. Client Users may contract with Accountant Users through posting and acceptance of Tasks. Such contracts are solely between the Client User and the Accountant User. UpTasker will not be a party to any contracts for Tasks submitted through our Service, unless posted by a UpTasker officer. UpTasker facilitates these contracts by supplying a platform for communication management and payment tools.
- All Accounting Fees Are Paid To Accountant Users. UpTasker does neither provide nor charge for accounting services. UpTasker may charge a transaction fee for each Task facilitated by UpTasker in exchange for the services UpTasker provides to our Users.
- Accountant Users Must Receive Payment Through The Service For All User Transactions. Accountant Users who receive Tasks through the Service must receive payment through the Service relating to that User. UpTasker will terminate an Accountant User’s access to and use of the Website if such Accountant User is found to be accepting payment outside the Service for clients found through the Service.
- Third Party Content. There may be content from third parties on UpTasker’s website, such as blog posts written by other users or links to other websites. Because we cannot control that content, we are not responsible for that content or for the websites that content may link to.
- Access To Third Party Content. By using the Service, you will be able to access Content belonging to or originating from third parties (“Third Party Content”). Your use of the Service is consent for UpTasker to present this Content to you. You acknowledge all responsibility for, and assume all risk for, your use of Third Party Content.
- No Responsibility For Third Party Content. As part of the Service, UpTasker may provide you with convenient links to third party website(s) as well as other forms of Third Party Content. These links are provided as a courtesy to Service subscribers. We have no control over third party websites or content or the promotions, materials, information, goods or services available on them. By linking to such content, we do not represent or imply that we adopt or endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than UpTasker. We are not responsible for any Third Party Content accessed through our Website. If you decide to leave the Website and access Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any such content.
- No Authorization To Use Third Party Content. This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third Party Content except as permitted by UpTasker’s terms and conditions.
- Intellectual Property Notice. UpTasker retains all ownership of our intellectual property, including our copyrights, patents, and trademarks.
- No Transfer. UpTasker retains ownership of all intellectual property rights of any kind related to the Website and Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website and the Service may be the trademarks of other third parties. This Agreement does not transfer from us to you any UpTasker or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under this Agreement.
- Specifically, UpTasker, UpTasker.com, and all other trademarks that appear, are displayed, or are used on the Website or as part of the Service are registered or common law trademarks of UpTasker. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from UpTasker, except as an integral part of any authorized copy of the Content.
- Email Communications. We use email and electronic means to stay in touch with our users.
- Legal Notice To UpTasker Must Be In Writing. Communications made through email or the Service’s private messaging system will not constitute Legal notice to UpTasker or any of our officers, employees, agents or representatives in any situation where notice to UpTasker is required by contract or any law or regulation.
- Termination. You may cancel this Agreement and close your account at any time. Termination of the UpTasker Service does not terminate accountant-client relationships or obligations.
- You May Terminate This Agreement. If you wish to terminate this Agreement or your account with the Service, you may simply discontinue using UpTasker. If you wish to delete your User account data, please contact UpTasker at info@UpTasker.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile within 30 days.
- UpTasker May Terminate This Agreement. UpTasker may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
- Relationships Between Accountant And Client Survive Termination. Termination of your relationship with UpTasker does not affect your relationship with any Accountant or client you have retained through the UpTasker Service. All accounting, contractual, and ethical duties, obligations and responsibilities survive termination of the UpTasker relationship.
- Some Provisions Survive Termination. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Payment and Transactions.
- Payment Process. Payment will be processed using Client User's credit card, debit card or bank account, as specified in the order and/or invoice and agreed upon by the Client User and the Accountant User. When a Task (or a segment thereof as pre-agreed in writing by the Client User and the Accountant User) is marked as completed by the Accountant User, UpTasker will inform the Client User that the Task (or a segment thereof as pre-agreed in writing by the Client User and the Accountant User) is complete. We use a third-party payment processor (the “Payment Processor”) to bill Client Users and pay Taskers through payment accounts linked to your applicable account on the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error or delays by the Payment Processor. By ordering a Task, you agree to pay us, through the Payment Processor, all charges at the prices stated for the applicable Order in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to pay us when placing your order. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
- Responsibility for Payment. You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay the Accountant User through UpTasker the amount agreed on in the Order or undisputed invoice. You are responsible for providing us with a valid means of payment.
- UpTasker’s Responsibility. UpTasker agrees to present you with a full invoice of each charge in advance of charging your credit card, debit card or bank account. UpTasker agrees to pay the applicable Accountant User the amount received, less UpTasker’s processing fee, if any.
- Payment Authorization. By agreeing to these terms, you are giving UpTasker permission to charge your on-file credit card, debit card, bank account, or other approved methods of payment for fees that you authorize UpTasker to satisfy. Depending on your Order specifications, UpTasker may charge you on a one-time or recurring basis. You authorize UpTasker to charge you the full amount owed to any Accountant User via the Service, as well as UpTasker’s processing fee, if any.
- Processing Fee Authorization. An applicable processing fee may be applied to payments to Accountant Users prior to deposit in their bank account. By agreeing to these terms, you are giving UpTasker permission to charge this fee and are fully aware that it is part of the transaction between yourself and the Accountant User.
- Disclaimer of Warranties. We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
- UpTasker provides the Website and the Service “as is,” without warranty of any kind. Without limiting the foregoing, UpTasker expressly disclaims all warranties, whether express, implied or statutory, regarding the Website and the Service including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
- Specifically, UpTasker makes no representation or warranty that the information we provide or that is provided through the Service is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, content or other material obtained from the Service.
- Limitation of Liability. We will not be liable for damages or losses arising from your use of the service or arising under this Agreement. Please read this section carefully; it limits our obligations to you.
- To the extent permitted by applicable law, in no event will UpTasker be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (i) the use, disclosure, or display of your User-Generated Content; (ii) your use or inability to use the Service; (iii) the Service generally or the software or systems that make the Service available; or (iv) any other interactions with UpTasker or any other User of the Service, whether based on warranty, contract, tort (including negligence) or any other accounting theory, and whether or not UpTasker has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. UpTasker will have no liability for any failure or delay due to matters beyond our reasonable control. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
- Release and Indemnification.
- You agree to indemnify and hold harmless UpTasker from and against any and all claims and expenses, including lawyers’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement.
- If you have a dispute with one or more Users, you release UpTasker from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- Governing Law. These Terms will be interpreted in accordance with the laws of Canton Vaud and Switzerland, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a court located in Lausanne, Switzerland for any actions for which the parties retain 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.
- Severability. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of UpTasker to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
- Limitation of Term of Action. You agree that any cause of action related to or arising out of your relationship with UpTasker must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Section Headings and Summaries Non-Binding. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
- Information we collect
- How we use the information we collect
To provide the Services you request: UpTasker uses User Personal Information to perform and provide the Services you request. For instance, we use User Personal Information to allow Client Users to select the best Accountant User for their needs; facilitate communication between Accountant Users and Client Users; and simplify invoicing and billing for Orders. We use location-based data to allow Accountant Users to apply on Tasks in their local area and jurisdiction. We also use User Personal Information to populate online profiles.To communicate with Users: UpTasker may also use User Personal Information to communicate with Users. For instance, UpTasker may use information you provide to send you information regarding our Services, such as promotions or events; to provide you with technical support; to solicit feedback about our Service; or to notify you if our policies change.To improve our Service: UpTasker may use aggregated, non-personally identifying information gathered from our web server to operate, improve, and optimize our Website and Service.Serving more relevant ads: We may use Personal or Non-Personal Information to serve you more relevant ads or promotional offers.
- How we share the information we collect
- Gathering and protecting the information we collect
- Compelled Disclosure
UpTasker discloses potentially personally-identifying and personally-identifying information in response to a subpoena, court order or other governmental request, or when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of UpTasker, third parties, or the public at large.In complying with court orders and similar legal processes, UpTasker strives for transparency. When permitted, we will make a reasonable effort to notify Users of such disclosure.However, if you have engaged an Accountant User through the Service (for example, by accepting an order and promising to pay or paying any required fees or costs), UpTasker considers communications and documents shared with Accountant Users who are accountants to be privileged accountant-client communications and, to the extent legally permissible, may notify the engaged Accountant User of the subpoena, court order, or governmental request so that they may respond to the request. Furthermore, if an Accountant User has been engaged, UpTasker may no longer disclose information on a “good faith” belief.
- Your access to and control of the information we collect
Access to User Information: As an UpTasker User, you may access, update, alter, or delete your basic User profile information by editing your user profile or contacting info@UpTasker.com.Data retention: Subject to the conditions set forth in the next paragraph entitled ‘Deletion of User Information’, UpTasker will retain User Personal Information for as long as your account is active or as needed to provide you Services.Deletion of User Information: If you wish to cancel your account, delete your User Personal Information, or request that we no longer use your User Personal Information to provide you Services, please contact info@UpTasker.com. We will retain and use your User Personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will seek to delete your full profile within 30 days.Control of communications from us: UpTasker may occasionally send Users an email to tell you about new features, solicit feedback, notify you of important changes, or just keep you up to date with what’s going on with UpTasker and our products. You may manage your receipt of these communications by clicking on the “unsubscribe” link located on the bottom of UpTasker’s emails. Additionally, you may send a request specifying your communications preferences to info@UpTasker.com. Please note that if you do opt out of promotional mailings, we may still send you important administrative emails, such as notices that affect your rights.
- Changes to this Privacy Statement
UpTasker may change its Privacy Statement from time to time, and in UpTasker’s sole discretion. We will provide notification to Users of material changes to this Privacy Statement (i) by sending a notice to the primary email address specified in your account, which will take effect immediately upon our sending of this email, and/or (ii) through our Website by posting a notice on our home page, which will take effect no sooner than 30 days from the date of the posting. Non-material changes to this Privacy Statement will take effect immediately. We encourage visitors to frequently check this page for any changes to our Privacy Statement. Your continued use of the Service after the effective date of a revised version of this Privacy Statement constitutes your acceptance of its terms.
- Contacting UpTasker
Questions regarding UpTasker’s Privacy Statement or information practices should be directed to info@UpTasker.com.
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