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Terms & Conditions

For service providers

YoCo

Last Update 6 tahun yang lalu

Terms and Conditions


Last updated: August 12, 2020


Please read these terms and conditions carefully before using Our Service.


Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:


Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Country refers to: Delaware, United States

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to YoCo LLC, 16192 Coastal Highway, Lewes, Delaware, 19958.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Service refers to the Website.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to YoCo , accessible from http://www.yocoservices.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable

Service Provider means You, the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.


Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.


By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.


Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Service Provider qualifications

Service Provider shall possess all verification of qualifications to provide services in its professional field to consumers primarily from the United States who may use the platform provided by YoCo LLC to find service providers in India to help relatives and family members of the consumer who may be located in India. Service Provider shall provide its service in India and shall po`ssess all qualifications and credentials to do so. To note, since YoCo LLC is providing an online platform, the users may also use this from other countries to avail such services in India. For that matter sometime, users from India may also use the platform to avail the services in India.

Pricing your Service

Service Providers will find requests from users on the online platform. Service Providers may also customize the service requests by interacting with the users, Service Providers will be allowed to provide a fee quote. The user will be required to agree to the fee quote and then place the order with the Service Provider through the platform. Upon completion of service and acceptance from the user, the service provider will receive the payment. .An additional service fee will be charged to the users by YoCo LLC for using the platform

Payment disbursement

For most service requests, YoCo LLC will pay 100% of the amount quoted by the Service Provider and does not charge any commission from the requests. For specialized or unique healthcare services, or healthcare services that are difficult to find professional treatment providers, YoCo LLC is permitted to contract with an independent third party staffing service. In doing so, YoCo LLC will be paid compensation amounting to 5% of the amount quoted by the Service Provider in addition to the commission, percentage, and/or fee charged by the independent third party staffing service, which according to industry standards may be more or less than approximately 15%. Therefore, Service Providers that are associated with any staffing company may only receive approximately 80% of the fee quoted to users. Service Provider shall provide its banking information to YoCo LLC to make direct deposits

Correspondence and information sharing

Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of the platform in order to circumvent or abuse the platform’s messaging system or the platform in general is not permitted. Service Providers are not permitted to contact the users outside of the online platform’s system and sign any contract, agreement, and/or legal document. Any form of contact information cannot be exchanged between the Service Provider and the user until an order is agreed and paid by the user. In some cases due to complexity of the service the users may want to discuss the service with the provider. In these cases, the user will be required to pay a small service fee in order for the contact information to be shared and proceed with the consultation with the Service Provider.

Independent and third party verification and authorization

Upon entering this Agreement, the Service Provider shall have the following verified by a third party contractor selected by YoCo LLC: (1) address proof check, (2) photo ID check, and (3) complete criminal record check. YoCo LLC currently contracts with Baldor Technologies Private Limited, a company incorporated under Companies Act, 1956 whose C.I.N. is U74900MH2011PTC291275, having its registered office at 4-F Rushabh Chambers, Plot No. 609, Off Makwana Road, Marol Naka, Andheri (East), Mumbai 400059, and does business as “IDfy”.


YoCo LLC will contract with a third party independent contractor for services which comprise the authentication of the Service Provider. Service Provider hereby consents to submitting the biometric information and/or OTP and Aadhaar number. This information will be matched against the data available in the Central Identities Data Repository (CIDR).


Client acknowledges and consents that this Agreement shall serve as a letter of authorization (or equivalent evidence o f consent, including opt-in clicks) duly signed or otherwise authenticated by the Subject Provider, and shall also serve as evidence of (i) the Service Provider’s consent for the performance of the services b y IDfy, and (ii) the Service Provider’s consent for YoCo LLC to create images of various identification and other documents o f the Service Provider, including, without limitation, Aadhar card, PAN card, Driving License, Voter identity card retaining such images, and forwarding such images to IDfy for the provision of the contracted services. Moreover, IDfy may require additional details from the Service Provider if the supporting documents already submitted are deemed inadequate for the purpose of verification. Service Provider hereby agrees to provide all such requested further supporting documents.


Service Provider is informed and consents to any third party contractor of YoCo LLC, including but not limited to IDfy, may access or employ various third-party applications, programs, databases, and services (collectively, “Third-Party Services”) and application programming interfaces (“APIs”) provided by such third-party services. Service Provider is informed and consents to any third p arty contractor of YoCo LLC, including but not limited to IDfy, may retain anonymized records of all data that it obtains or generates that ‘anonymized records’ relating to Service Provider, including but not limited to records of the results of any background checks or verifications, or information about candidates, as have been redacted in such a manner that no association or relationship can be traced between such data and any individual or entity.

Service Provider hereby consent and agrees that this Agreement is in compliance with the provisions of Rules 5 and 6 of the Information Technology (Reasonable Security Practices And Procedures and Sensitive Personal Data or Information) Rules, 2011 and the provisions of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, and the applicable Rules and Regulations framed thereunder (“the Aadhaar Act”) and Service Provider hereby consents and authorizes the performance of the services, including, but not limited to, (i) the transmission of their sensitive personal information, if any, from YoCo LLC to any third party contractor, including but not limited to IDfy and thereby authorizes any third party contractor of YoCo L LC, including but not limited to IDfy, and where permitted under applicable laws to store and use their profiles in accordance with Clause 2(e), and (ii) Service Provider hereby agrees and consents to the creation of images of various identification and other documents of the Service Provider, including, without limitation, Aadhar card, PAN card, Driving License, Voter identity c ard retaining such images, and forwarding such images to YoCo LLC for any third party contractor, including but not limited to IDfy. In cases that comprise e-KYC services, the Service Provider hereby represents and warrants t hat it provides its consent for each specific e-KYC transaction. 

Verification Authorization

The YoCo SAFE section on the website platform provides details of verification. Safety of loved ones is the priority. YoCo LLC only intends only to assist in the hire of only reliable professionals for the service needs of the user. Therefore, the Service Provider hereby agrees to authorize all necessary steps necessary to verify its qualifications.

Spiffy Strength score

The “Spiffy” strength score will be provided in the Service Provider’s profile to help the user identify a trusted individual for the requested service needs. Users will be allowed to assess the detailed profile information of the Service Provider, which may include, but is not limited to, educational and employment background, training and certification, reviews and ratings from other users. Users will be able to: note the badges assigned to each Service Provider profile and gauge credibility before deciding on the Service Provider who can serve the user, the Service Provider’s education credentials and a record of any negative and positive work experience history, the Service Provider’s address and photo ID will be provided in order to be verified, any credible references from verified sources (professors, others in responsible positions etc.) will be provided as it concerns the Service Provider, a police clearance certificate / comprehensive criminal and court record concerning the Service Provider must be verified, and any user ratings and reviews for services to other users concerning the Service Provider will be provided to the user.

Authentication

Authentication of the Service Provider is required in order to ensure the Service Provider signed up by the user is the one who in fact performs the service. The verification process will be tracked and the user will receive real time status updates and view proof and quality of the service provided. The user authentication process will consist of when the Service Provider arrives on-site, the user will ensure that the Service Provider signed up is the one who shows up to in-person appointments and in fact provides the service. A randomly generated unique code will be sent to the user as the Service Provider arrives onsite for in-person appointments. The user will validate the code, and cross check the digital photo ID and physical ID proof, before allowing the Service Provider to perform the service. When the Service Provider in fact performs service, the user will be provided a real-time status update at each stage of the service. The user may also request that the Service Provider upload photographs and videos as status updates in proof of providing the service.

No employment relationship

Service Provider is considered an Independent contractor and not an employee or agent of YoCo LLC. Service Provider is responsible for his or her own work, own self-employment and payroll taxes, and i s solely responsible for the risks and liabilities attached to the services requested and performed. The parties hereby agree that they a re at all times acting as independent contractors who have entered into this Agreement on the terms and conditions set forth in the Agreement. Except as set forth in this Agreement, YoCo LLC will neither have, nor exercise, any control or direction over the methods by which the Service Provider performs his or her work and functions; the sole interest and responsibility of YoCo LLC is to provide an online platform in which users can submit service requests. Nothing in this Agreement will be construed or deemed t o create a relationship of employer and employee or principal and agent between the YoCo L LC and the Service Provider. The Service Provider agrees that he or she will not assert, or hold themselves out as having any relationship with YoCo LLC, other than an independent contractor relationship. This obligation will survive any termination of this Agreement. Because the Service Provider is not an employee of YoCo LLC, he or she will be exclusively responsible for the payment of all employment taxes, penalties, fees, insurance premiums, and contributions to insurance and pension or other deferred compensation plans including, but not limited to, Worker’s Compensation and Social Security obligations, licensing fees, etc., and the filing of all necessary documents, forms, and returns pertinent to all of the foregoing. The Service Provider agrees to hold YoCo LLC harmless from, and to provide with a defense against, any and all claims that YoCo LLC is responsible for the payment of any of the foregoing payments, contributions, taxes, the withholding of any wages, or the filing of any relevant documents and returns, including, but not limited to, Social Security taxes and employer income t ax withholding obligations. This obligation will survive any termination of this Agreement.

The Service Providers will be effectuating this Agreement with a third party for which YoCo LLC will be invoiced. YoCo LLC will submit payment through the third party who will then submit the amount owed to the Service Providers. The third party will be responsible for paying any resulting taxes in India.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.


You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.


You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.


You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.


The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.


The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.


We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.


Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Indemnity

Service Provider shall defend, indemnify, and hold harmless YoCo LLC, its directors, employees, contractors, and agents (“Indemnified Party”) from any and all losses, claims, damages, costs (including reasonable attorneys’ or legal costs), charges, expenses, liabilities, demands, proceedings and actions or any other liability of any nature whatsoever which an Indemnified Party may sustain or incur or which may be brought or established against it by any person, authority, or otherwise, and which may arise out of or in relation to or by reason of any violation of any privacy laws or any violation of the Aadhaar Act arising in connection with this Agreement

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.


To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.


Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Confidentiality

Service Provider agrees that, at all times he/she will hold in trust, keep confidential, not disclose or make available to any third person or entity, exploit, retain, or make any use of the confidential and private information of the user, including but not limited to any health and/or medical information. Service Provider further agrees that if, at any time, Service Provider becomes aware of any unauthorized access, use, possession or knowledge of any confidential and private information, Service Provider shall immediately notify YoCo LLC and shall take reasonable measures to prevent unauthorized persons or entities from having access to, obtaining, being furnished with, or using any confidential and private information. Service Provider also agrees that to the extent any court, agency, person or entity seeks to have Service Provider disclose any confidential information, Service Provider shall promptly notify YoCo LLC and shall take such reasonable steps as are available to Service Provider to prevent disclosure of such confidential information until YoCo LLC has been informed of the requested disclosure and the YoCo LLC has an opportunity to respond to the requesting party. Service Provider also agrees that he/she shall provide all reasonable assistance to YoCo LLC to protect the confidentiality of the user’s private information that may have directly or indirectly been disclosed, published or made available to third parties in breach of this Agreement, including reimbursement for any and all attorney’s fees that YoCo LLC may incur to protect or enforce its rights.  

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.


Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.


Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

This Agreement shall be governed by the laws of the State of Delaware in the United States, and the courts of Delaware shall have jurisdiction.. Your use of the Application may also be subject to other local, state, national, or international laws.

Arbitration

In the event of any disputes between the Parties pertaining to this Agreement, the Parties shall mutually and in good faith attempt to resolve all disputes, claims, suits and actions raised within 15 (Fifteen) calendar days from the date when a written notice of such dispute is raised by the disputing Party. In the event that such disputes, claims, suits and actions are not resolved to the mutual satisfaction of the Parties within 15 (Fifteen) calendar days, both Parties shall mutually appoint 1 (One) arbitrator. The arbitration shall be held in the State of Delaware, United States and the decision of the arbitrator shall be final and binding on the Parties.

For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Waiver of class claims
Service Provider agrees that it may bring disputes against YoCo LLC only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations. Service Provider agrees that it will not seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which its acts or proposes to act in a representative capacity.

Severability and Waiver

Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.


By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:


• By email: [email protected]

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