TABLE SHARE SA MARKETPLACE TERMS OF SERVICE
IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.
1. The Platform.
A. Online Marketplace.
The Platform is an online web- app-based two-sided marketplace which enables connections between Bidders and Runners. “Client(s)” are individuals and/or businesses seeking to obtain short-term services (“Errand(s)”), and “Bidder(s)” are businesses seeking to perform Tasks for Clients. Clients and Taskers are referred to herein together as “User(s)”.
Runners are verified independent youth with business or skilled service providers, providing services under their own name or business name (and not under Table Share SA’s name), using their own tools and supplies. Runners choose the applicable rates for tasks or errands, without deduction by Table Share SA. Runners may (a) maintain a clientele without any restrictions from Table Share SA; (b) offer and provide their services elsewhere, including through competing platforms; and (c) accept or reject Bidders and Service Agreements (defined below). Runners are independent contractors of Bidders or clients, and Bidders are therefore clients of Runners, not Table Share SA Marketplace.
Any reference to a Runner being licensed or credentialed in some manner, or being “badged”, “reliable”, “reliability rate”, “elite”, “great value”, “background checked”, “vetted” (or similar language) indicates only that the Runner has completed a relevant user account registration process or met certain criteria and does not, and shall not be deemed to, represent anything else. Any such description: (i) is intended to be useful information for Bidders to evaluate when they make their own decisions about the identity and suitability of Runners whom they select or interact, or contract with via the Platform; and (ii) is not an endorsement, certification or guarantee by Table Share SA of a Runner’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable.
Notwithstanding any feature or service of the Platform that a Bidder may use to expedite Runner selection, the Bidder is responsible for determining the task or errand and selecting or otherwise approving their Runner and should undertake their own research prior to booking any task or errand to be satisfied that a specific Runner has the right qualifications.
B. Table Share SA Run It- Errand Service’s Role.
The Platform is not an employment agency service or business, and Table Share SA is not an employer of any User. Users are not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Table Share SA.
Bidders hereby acknowledge and agree that (a) Table Share SA does not (i) perform errands nor employ individuals to perform task, (ii) supervise, scope, direct, control or monitor Runners’ work (including that Table Share SA does not set Runners’ work locations, work hours, or terms of work), nor provide tools or supplies to, or pay any expenses of, Runners, or (iii) have any control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of tasks or Bidders (or the acts or omissions thereof), nor of the integrity, responsibility, competence, qualifications, communications, or the ratings or reviews provided by Users with respect to each other; and (b) the formation of a Service Agreement will not, under any circumstances, create any responsibility or liability for Table Share SA, nor any employment or other relationship between Table Share SA and the Bidders or between the Bidders and the Runners. Bidders do not have authority to, and may not act as agent for, nor bind or make any representations on behalf of, Table Share SA.
Table Share SA is neither responsible nor liable for workers’ compensation or any tax payment or withholding, including but not limited to applicable sales taxes, unemployment or employment Pension Plan, disability insurance, applicable VAT, National Insurance, employer’s liability, employer training tax, social security contributions, PAYE or other applicable payroll withholdings in connection with a Bidders use of the Platform, or personal income tax. The Runner assumes full and sole responsibility for all required and applicable income tax and social contributions such as income tax withholdings as to the Runner and all persons engaged by the Runner in the performance of the task Services. Each Bidder assumes all liability for proper classification of such Bidder’s workers based on applicable legal guidelines.
C. License.
Subject to your compliance with the terms of the Agreement (including, Table Share SA grants you a limited, non-exclusive, non-transferable and revocable license to (a) access and use the Platform (in the locations and territories where the Platform has a presence), (b) download, access and use the Platform, and (c) access and view any content, information and materials made available on the Platform, in all cases for your personal use and the intended purpose of the Platform. All Bidders are subject to, and agree to comply with, the Acceptable Use Policy in their use of the Platform. Bidders may not copy, download, use, redesign, reconfigure, reverse engineer or retransmit the Platform or anything therefrom or thereon (in whole or in part) without Table Share SA prior written consent. Any rights not granted by Table Share SA are expressly reserved.
D. User Representations and Warranties.
In your access to and use of the Platform, you represent and warrant that you:
- will comply fully with the terms of the Agreement, including, without limitation, these Terms and other Supplemental Terms;
- are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts;
- have the right, authority and capacity to enter into the Agreement (including that you have the right and authority to act on behalf of, and bind to the Agreement, any company or organization on whose behalf you are entering into the Agreement);
- will only request and/or perform (as applicable) tasks in a country where the Platform has a presence;
- will respect the privacy (including, without limitation, private, family and home life), property, and data protection rights of Bidders and will not record (whether video or audio or otherwise) any task or any interaction Bidder without obtaining the prior written consent of Table Share SA and/or the relevant Bidder, as applicable;
- will act professionally and responsibly in your interactions with, and fulfill the commitments you make to, other Bidder (including by communicating clearly and promptly through the Chat Thread, and being present and/or available at the time you agree upon with another Bidder);
- will use your legal name and/or legal business name (as per your government issued identification and registration documents) and an up-to-date photo on your profile;
- will comply with all applicable local, state, provincial, national, or international laws in your use of the Platform;
- will not use the Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services; and
- will ensure that all communications regarding Runners (including, without limitation, scoping and payments and any questions relevant to tasks), remain on the Platform, before, during and after the task or errand.
E. Additional Runner Representations and Warranties.
If you are a Runner, you additionally represent and warrant that, in your access to and use of the Platform, you:
- are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity when using the Platform;
- are customarily engaged in an independently established business of the same nature as the services performed for Bidders through the Platform, and maintain an independent clientele;
- have the unrestricted right to work in the jurisdiction in which you perform tasks;
- have and will maintain (at your own expense) any licenses, permits, and/or registrations required by applicable laws that apply to your performance of tasks (including, as applicable, a business license, business tax registration, and/or contractor’s license);
- have and will maintain all insurance required to operate your business and perform the Tasks;
- will respond to invitations promptly; provide timely, high-quality services for your Bidder as agreed(defined below); only offer and provide tasks for which you have the necessary expertise to perform; and perform the tasks as agreed upon with your Bidder in a safe manner; and
- will promptly disclose to Table Share SA 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 Platform.
2. Use of the Platform.
A. Registration.
You must register and create an account to access and use the Platform, providing only correct and accurate information (such as, without limitation, your name, business name, mailing address, email address, and/or telephone number). You agree to immediately notify Table Share SA of any changes to your account information. If any such change relates to ownership of your telephone numbers, you may notify Table Share SA by email to any message sent to the retiring phone number. Failure to provide and maintain updated and accurate information may result in your inability to use the Platform and/or Table Share SA’s termination of this Agreement with you. Table Share SA may restrict anyone from completing registration if Table Share SA determines such person may threaten the safety and integrity of the Platform, or if such restriction is necessary to address any other reasonable business concern.
B. Account Security.
You are fully and solely responsible for (a) maintaining the confidentiality of any log-in, password, and account number provided by or given to you to access the Platform; and (b) all activities that occur under your password or account, even if not authorized by you. Table Share SA has no control over any Bidder’s account. You agree to notify Table Share SA immediately if you suspect any unauthorized party may be using your Platform password or account or any other breach of security.
C. Tasker Onboarding
(i) Background Checks. To the extent permitted by applicable law, Runners may be subject to a review process before they can register on, and during their use of, the Platform, which may include, but is not limited to, identity verification and criminal background checks, using third party services as appropriate (“Background Check(s)”). If a Runner, to the extent permitted under applicable law, you agree to undergo such Background Checks. Table Share SA cannot, and does not, assume any responsibility or liability for the accuracy or reliability of Background Check information, nor for any false or misleading statements made by Bidders of the Platform.
(ii) Professional Licensing. Table Share SA does not independently verify that Runners have the necessary expertise, or have obtained any licenses, permits, or registrations required, to perform their tasks. It may be unlawful to perform certain types of tasks without a license, permit and/or registration, and performing same may result in law enforcement action and/or penalties or fines. Runners are solely responsible for avoiding such prohibited tasks. If you have questions about how national, state, provincial, territorial and/or local laws apply to your tasks on the Platform, you should first seek appropriate legal guidance. Bidders are solely responsible for determining if Runner has the skills and qualifications necessary to perform the specific task and confirming that the Runner has obtained all required licenses, permits, or registrations, if any. Bidder may wish to consult their national, state, provincial, territorial and/or local law requirements to determine whether certain tasks are required to be performed by a licensed or otherwise registered professional.
D. Service Agreement.
The Platform allows Bidders to offer, search for and book tasks or errands. After identifying and selecting a Runner to perform a task, the Bidder and the Runner may communicate via the chat feature to understand the scope, schedule and other details of the task (including, without limitation, any specific hazards, obstacles, or impediments in the task location (whether visible or concealed) that may impact the performance of the task or errands). Once the task is scheduled via the Platform by the Runner, the Bidder and Runner form a legally binding contract for the task, which includes the engagement terms proposed and accepted, and any other contractual terms agreed to, by the Bidder and the Runner in the Chat for the Task (the “Service Agreement”). The Bidder and the Runner each agree to comply with the Service Agreement and the Agreement during the engagement, performance and completion of a task. Runners are responsible for exercising their own business judgment in entering into Service Agreements and performing tasks; and acknowledge that there is a chance for individual profit or loss. Table Share SA is not a party to any Service Agreement. The formation of a Service Agreement will not, under any circumstances, create any responsibility or liability for Table Share SA.
E. Other Parties
(i) Runner’s Assistants. Where approved in advance by the Bidder in the Chat for the task, Runner may engage assistants, helpers, subcontractors or other personnel (“Runner Assistant(s)”) to perform all or any part of a task; provided that such Runner’s Assistants have registered through the Platform and meet all of the requirements applicable to the Runner as set out in the Agreement. The Runner assumes full and sole responsibility for the acts and omissions of all Runner Assistants used in its performance of tasks and is fully responsible for: (a) the lawful payment of all compensation, benefits and expenses for its Runner Assistants, (b) all required and applicable tax withholdings as to such Runner Assistants, and (c) ensuring all Runner Assistants are registered Runner on the Platform.
3. Fees, Billing and Payment; Cancellation.
The terms relevant to fees (including Runner Payments, invoicing, payment (including for tasks, and any other amounts owed by Bidder hereunder) and cancellation, are set out which applies to your access to and use of the Platform. Unless otherwise expressly stated in this Agreement, all fees (including, without limitation, the task Payment are non-refundable.
4. Contests and Promotional Codes.
Table Share SA may, from time to time, provide certain optional promotional codes, opportunities and contests to Users. All such optional promotional opportunities will be run at the sole discretion of Table Share SA, will be subject to the terms and conditions governing same, and can be implemented, modified, or removed at any time by Table Share SA without advance notification. The liability of Table Share SA and Affiliates relevant to such promotional opportunities and contests, shall be subject to the limitations set forth in these Terms.
5. Public Areas.
The Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, task postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Bidders. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum.
You understand that all submissions made to Public Areas will be public, and you will be publicly identified by your name or login identification when communicating in Public Areas. Table Share SA will not be responsible for the actions of any Users with respect to any information or materials posted or disclosed in Public Areas.
6. Deactivation and Suspension.
In the event of an actual or suspected breach by you of any part of the Agreement (including, without limitation, abuse, fraud or interference with the proper working of the Platform), Table Share SA may (a) suspend your right to use the Platform pending its investigation; and/or (b) deactivate your account or limit your use of the Platform upon its confirmation of a breach. Table Share SA will provide you with written notice of its determination in accordance with, and as required by, applicable laws. If you wish to appeal any determination made by Table Share SA pursuant to this Section, please contact us within 14 days of receipt of such notice with the grounds for your appeal.
If Table Share SA suspends or deactivates your account or limits your use of the Platform pursuant to this Section 6, you may not register and/or create a new account under different usernames, identities or contact details (whether under your or any other name or business name), even if you are acting on behalf of a third party.
7. Termination.
You may terminate the Agreement between you and Table Share SA at any time by ceasing all use of the Platform and deactivating your account. Table Share SA may terminate the Agreement between you and Table Share SA at any time, and cease providing access to the Platform (pursuant to Section 6 above), if you breach any part of the Agreement or violate applicable laws.
Even after your right to use the Platform is suspended, terminated or limited, the Agreement will remain enforceable against you. Table Share SA reserves the right to take appropriate legal action pursuant to the Agreement.
8. User Generated Content; Feedback.
A. User Generated Content.
“User Generated Content” is defined as any information, content and materials (including any videotape, film, recording, photograph, voice) you provide to Table Share SA, its agents, Affiliates, and corporate partners, or other Bidder in connection with your registration for and use of the Platform (including, without limitation, the information and materials posted or transmitted for use in Public Areas).
User Generated Content is not the opinion of, and has not been verified or approved by Table Share SA. You acknowledge and agree that Table Share SA: (a) is not involved in the creation or development of User Generated Content and does not control any User Generated Content; (b) is not responsible or liable for any User Generated Content (including any accuracy, or results obtained by the use, thereof or reliance thereon); (c) may, but has no obligation to, monitor or review User Generated Content; and (d) reserves the right to limit or remove User Generated Content if it is not compliant with the terms of the Agreement.
You are and remain solely responsible and liable for your User Generated Content. To the extent permitted by law, you hereby grant Table Share SA, for the full duration of all rights that may exist in the User Generated Content (including any legal extensions thereof), a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right and license to publish, reproduce, disseminate, transmit, distribute, modify, adapt, publish, translate, create derivative works from, publicly perform, exhibit, display (in whole or in part), act on and/or otherwise use your User Generated Content, in any media, form or technology now known or later developed, including (without limitation) in connection with any advertising, marketing, and/or publicizing of the Platform, without any approval by, or compensation to, you. You acknowledge and agree that the foregoing license shall also extend to, and Table Share SA and its Affiliates may use (in accordance with this Section), your name, username, image, silhouette and other reproductions of your physical likeness, voice, likeness, screenname(s) and/or any biographical, professional and/or other identifying information (collectively, “Likeness”) in, and in connection with, the your use of the Platform, including on websites, social media platforms and third-party digital platforms owned or controlled by us or our