Who we are
Our website address is: http://www.taskhelper.net.
What personal data we collect and why we collect it
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
Who we share your data with
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service.
In more details
Taskhelper Privacy Statement
This Privacy Statement was last updated on August 29, 2016.
Taskhelper.net may collect personal information in connection with your activities as a Taskhelper.net Driver, or “Taskhelper.” This Privacy Statement explains how Taskhelper.net, Inc. (“Taskhelper.net,” “we,” “us,” or “our”) handles your personal information when you visit or use the Taskhelper.net Driver web pages, driver.Taskhelper.net and https://www.Taskhelper.net/Taskhelper/apply/ (the “Site”), the Taskhelper mobile application, and any other website or mobile application that links to this Privacy Statement (collectively, the “Taskhelper Services”).
Please review this Privacy Statement carefully. By using the Taskhelper Services you consent to the use and sharing of your personal information as described in this Privacy Statement. If you do not agree with these practices, please do not use the Taskhelper Services, or otherwise provide us with your personal information.
Your access to and use of the Taskhelper Services are subject to our Terms and Conditions, which define some of the terms used throughout this Privacy Statement. A separate Taskhelper.net Privacy Statement provides information on how Taskhelper.net collects and uses customers’ personal information, including information you provide to Taskhelper.net as a customer through the Taskhelper.net website or mobile application.
Collection of Information
When you use the Taskhelper Services we may collect or receive information about you.
Information Your Provide Directly
You may provide information to us when you use the Taskhelper Services, including when you sign up to become a Taskhelper, authorize a background or driving history check, register as a Taskhelper, participate as a Taskhelper, participate in direct deposit, contact us with inquiries, or otherwise access or use the Taskhelper Services. This information may include your name, email address, phone number, preferred region and city, address, social security number, driver’s license number, vehicle and registration information, insurance information, bank and bank account information, including routing and account numbers, order payment information, including expense reimbursement requests, and other information that may identify you.
Information We Collect Automatically
We may receive and store certain information about you and your device(s) automatically when you access or use the Taskhelper Services. This information may include:
Information related to the device you use to access the Taskhelper Services;
The type of web browser and operating system you use to access the Taskhelper Services;
Your IP address;
The domain name of your Internet service provider;
Your location (see Location Information section, below);
The specific pages you visit, content you view, features you use and the date and time of your visits to the Taskhelper Services; and
Your search terms, the website you visited before you came to the Taskhelper Services, and other clickstream data.
When you participate as a Taskhelper through the Taskhelper Services, we may also receive and store information related to your dashes and deliveries, including:
Date and time of the sign-up and log-in;
Delivery acceptances and declinations and your associated acceptance rate and cancellation rate;
The number of dashes and deliveries you make;
The date and time of delivery acceptances, declinations, cancellations, pick-ups and completions;
The amount of time to complete a delivery or dash;
Dash and delivery route information;
Payment amounts associated with each delivery and dash;
The number of deliveries per dash;
Customer ratings and other feedback; and
Your location (see Location Information section, below).
Use of Information
We may use the information we collect or receive about you to:
Process your information when you sign up to become a Taskhelper, including background and driving history checks;
Create your Taskhelper account and determine whether you may access the platform;
Set up your direct deposit, calculate payments owed, and issue payments to you;
Allow you to connect to delivery requests;
Facilitate the completion of dashes and deliveries;
Verify whether you are present in the city or region in which you intend to dash;
Assess whether you have met requirements for promotional or incentive pay programs;
Assess supply, demand, and other factors associated with aggregate business progress;
Assess activity and acceptance rates, customer ratings, and other factors associated with Taskhelpers’ impact on the Taskhelper.net platform;
Contact you with promotional offerings or other communications that may be of interest to you;
Respond to your questions and assist with any problems with the Taskhelper Services;
Link your Taskhelper account to your Taskhelper.net account, if you already have a Taskhelper.net account or if you create one in the future;
Personalize the content and features you see when you visit the Taskhelper Services;
Serve advertisements tailored to your interests;
Improve the content and functionality of the Taskhelper Services;
Help the Food Service Providers on our platform improve their offerings;
Better understand Taskhelpers’ demographics, interests and behaviors;
Enhance other information we have about you to help us better understand you and determine your interests;
Provide recommendations to you;
Manage our everyday business needs, such as auditing, administration of the Taskhelper Services, forum management, fulfillment, analytics, fraud prevention, and enforcement of our corporate reporting obligations and Terms of Service, or to comply with the law;
Calculate the total number of visitors to the Taskhelper Services and to each page or feature of the Taskhelper Services.
We may use your information for any other purpose disclosed to you at the time we collect or receive the information, or otherwise with your consent.
Any communication or material you transmit to us via e-mail or otherwise, including any data, questions, comments, suggestions or the like, but not including your personal information and any requests, comments or concerns regarding your personal information, will be treated as non-confidential and non-proprietary.
To participate as a Taskhelper, you must permit the Taskhelper Services to access location services through the permission system used by your mobile operating system (“Platform”) or browser. We may collect the precise location of your device when the Taskhelper app is running in the foreground or background of your device. We may also derive your approximate location from your IP address. We use your location information to verify that you are present in your preferred region or city when you begin a dash, connect you with delivery opportunities in your zone, and track the progress and completion of your deliveries and dashes. You can enable the location tracking feature through the settings on your device or Platform or when prompted by the Taskhelper mobile app. If you choose to disable the location feature through the settings on your device or Platform, Taskhelper.net will not receive precise location information from your device, which will prevent you from being able to dash and receiving delivery opportunities in your area.
Sharing with Third Parties
To promote the safety and quality of the platform, we may share your information, including your contact information, vehicle information, location information, ratings, and other information with customers and our Food Service Providers. To help us run our business, we may also share your information, including information that may identify you, information you provide directly, and information we automatically collect, with entities that provide services to us, including third parties that provide payment and direct deposit processing, background and driver history checks, advertising services, web analytics, data processing, IT services, Taskhelper support and other services. We may also disclose aggregate, anonymous information to these third party service providers.
When Required By Law
We recognize that information related to your activities as a Taskhelper could contain private information. However, we may be required to disclose your information to third parties including law enforcement agencies when required to protect and defend our legal rights, protect the safety and security of Taskhelper.net users, prevent fraud, comply with the law, respond to legal process, or a request for cooperation by a government entity. We have developed a process that strikes a balance between protecting customer privacy and responding to valid law enforcement requests that can be found at https://www.Taskhelper.net/lert/.
In the event of sale, transfer, merger, reorganization, dissolution, or similar event we may transfer your information to one or more third parties as part of that transaction.
Accessing and Correcting Your Personal Information
Keeping your personal information current helps ensure that we provide you with the most relevant services. You can access and update your personal information via your Account profile. While we are ready to assist you in managing your registrations, deactivating your account, and removing your active profile and data, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to payments issued to you for financial reporting and compliance reasons. In addition, because of the way we maintain certain services, after you delete certain information, we may temporarily retain backup copies of such information before it is permanently deleted.
We will retain your personal information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. We will also retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Taskhelper.net may retain aggregate or anonymized data indefinitely.
Third Party Sites
The Taskhelper Services may enable you to access social networking services such as Facebook, Twitter, or Instagram, among others (collectively, “Social Network”) directly or indirectly through the Taskhelper Services. You may also have the option of posting content to a Social Network when you access content through the Taskhelper Services. For example, you may refer a friend to become a Taskhelper via Twitter or Facebook links through the Taskhelper Services. Keep in mind that your activity on a Social Network is governed by that Social Network and not by Taskhelper.net, and may be visible or accessible to the public. You may also choose to enable or log in to the Taskhelper.net app and www.Taskhelper.net via a Social Network, as described in more detail in our Taskhelper.net Privacy Statement. Your Taskhelper account and information collected through the Taskhelper Services may, at times, be linked to your Taskhelper.net customer accounts and any affiliated Social Networks you have enabled via Taskhelper.net.
If we send you marketing emails about services that may interest you, each email will contain instructions permitting you to “opt-out” of receiving future marketing or other communications.
You may also contact us at privacy@Taskhelper.net to access, modify or request deletion of your personal information.
Your California Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by Taskhelper.net pursuant to Section 1798.83 of the California Civil Code, please contact us via the email or mailing address provided below. Please allow 30 days for a response.
California Do Not Track Disclosure
Taskhelper.net does not have a mechanism in place for responding to browser “do not track” signals or other similar mechanisms used to limit collection of information for use in Online Behavioral Advertising.
Taskhelper.net allows Taskhelpers to invite others to sign up to become Taskhelpers by submitting a name and email address to Taskhelper.net. If you and/or the person you referred meet certain criteria, we may offer a promotional value when someone becomes a Taskhelper through your referral link or a referral number provided by Taskhelper.net. When you sign up to become a Taskhelper, you may also enter the phone number of the Taskhelper who referred you to the sign up page. By choosing to provide another individual’s name, phone number or email address, you represent that you have received consent to provide his or her name, phone number or email address to us. Taskhelper.net will use that information to send an email inviting him or her to visit the site and will store that information to track the success of the referral program.
Taskhelper.net is based in the United States and, regardless of where you use the Taskhelper Services, the information collected as part of that use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using the Taskhelper Services, you consent to this collection, transfer, storage, and processing of information to and in the United States.
Taskhelper.net has implemented commercially reasonable administrative, technical, and physical security controls that are designed to safeguard personal information. However, no online activity is ever fully secure or error-free. Therefore, Taskhelper.net does not guarantee that your personal information is absolutely secure. Please keep this in mind when disclosing any personal information or other information to Taskhelper.net.
You are responsible for safeguarding your username and password.
Changes to The Taskhelper Privacy Statement
The Taskhelper Services may change from time to time. As a result, we reserve the right to update or modify this Taskhelper Privacy Statement at any time and from time to time without prior notice. If we make any material changes to the way we use or disclose your personal information, we will notify you via email, at the email address you have provided to us. If you object to any changes you must cease using the Taskhelper Services. Please review this Taskhelper Privacy Statement periodically by visiting this webpage. This Taskhelper Privacy Statement was last updated on the date indicated at the top of this page. Your continued use of the Taskhelper Services after any changes or revisions to this Taskhelper Privacy Statement indicates your agreement to the terms of the revised Taskhelper Privacy Statement.
Independent Contractor Agreement – United States
This Agreement (“Agreement”) is made and entered into by and between you, the undersigned contractor (“CONTRACTOR”), an independent contractor engaged in the business of performing the services contemplated by this Agreement, and Taskhelper, Inc. (“Taskhelper” or “COMPANY”). CONTRACTOR may enter this Agreement either as an individual or as a corporate entity. This Agreement will become effective on the date it is accepted regardless of whether you are eligible to, or ever do, perform any Contracted Services.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION XI, AS IT REQUIRES THE PARTIES (UNLESS YOU VALIDLY OPT OUT OF ARBITRATION, AS PROVIDED BELOW) TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, THROUGH FINAL AND BINDING ARBITRATION. BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS, INCLUDING SECTION XI, AND HAVE TAKEN THE TIME AND SOUGHT ANY ASSISTANCE NEEDED TO COMPREHEND THE CONSEQUENCES OF ACCEPTING THIS AGREEMENT.
Taskhelper is a company that provides an online marketplace connection using web-based technology that connects contractors, restaurants and/or other businesses, and consumers (“Taskhelper platform” or “platform”). Taskhelper’s software permits registered users to place orders for food and/or other goods from various restaurants and businesses. Once such orders are made, Taskhelper software notifies contractors that a delivery opportunity is available and the Taskhelper software facilitates completion of the delivery. Taskhelper is not a restaurant, food delivery service, or food preparation business.
CONTRACTOR is an independent provider of delivery and other services, authorized to conduct the services contemplated by this Agreement in the geographic location(s) in which CONTRACTOR operates. CONTRACTOR possesses all equipment and personnel necessary to perform the delivery and any other services contemplated by this Agreement in accordance with applicable laws. CONTRACTOR desires to enter into this Agreement for the right to receive delivery opportunities made available through Taskhelper’S platform. CONTRACTOR understands and expressly agrees that he/she is not an employee of Taskhelper or any restaurant, other business or consumer and that he/she is providing delivery and other services on behalf of him/herself and his/her business, not on behalf of Taskhelper. CONTRACTOR understands (i) he/she is free to select those times he/she wishes to be available on the platform to receive delivery opportunities; (ii) he/she is free to accept or reject the opportunities transmitted through the Taskhelper platform by consumers, and can make such decisions to maximize his/her opportunity to profit; and (iii) he/she has the sole right to control the manner in which deliveries are performed and the means by which those deliveries are completed.
In consideration of the above, as well as the mutual promises described herein, Taskhelper and CONTRACTOR (collectively “the parties”) agree as follows:
I. PURPOSE OF THE AGREEMENT
This Agreement governs the relationship between Taskhelper and CONTRACTOR, and establishes the parties’ respective rights and obligations. In exchange for the promises contained in this Agreement, CONTRACTOR shall have the right and obligation to perform the “Contracted Services” as defined herein. However, nothing in this Agreement requires CONTRACTOR to perform any particular volume of Contracted Services during the term of this Agreement, and nothing in this Agreement shall guarantee CONTRACTOR any particular volume of business for any particular time period.
CONTRACTOR shall have no obligation to accept or perform any particular “Delivery Opportunity” (as that term is defined herein) offered by Taskhelper. However, once a Delivery Opportunity is accepted, CONTRACTOR shall be contractually bound to complete the Contracted Services in accordance with all consumer specifications and the terms laid out in this Agreement,
II. CONTRACTOR’S OPERATIONS
CONTRACTOR represents that he/she operates an independently established enterprise that provides delivery and other services, and that he/she satisfies all legal requirements and has all necessary licenses and permits necessary to perform any services contemplated by this Agreement. As an independent contractor/enterprise, CONTRACTOR shall be solely responsible for determining how to operate his/her business and how to perform the Contracted Services.
CONTRACTOR agrees to fully perform the Contracted Services in a timely, efficient, safe, and lawful manner. Taskhelper shall have no right to, and shall not, control the manner, method or means CONTRACTOR uses to perform the Contracted Services. Instead, CONTRACTOR shall be solely responsible for determining the most effective, efficient, and safe manner to perform the Contracted Services, including determining the manner of pickup, delivery, and route selection.
As an independent business enterprise, CONTRACTOR retains the right to perform services (whether delivery services or other services) for others and to hold him/herself out to the general public as a separately established business. The parties recognize that they are or may be engaged in similar arrangements with others and nothing in this Agreement shall prevent CONTRACTOR or Taskhelper from doing business with others. Taskhelper does not have the right to restrict CONTRACTOR from performing services for other businesses, customers or consumers at any time, even if such business directly competes with Taskhelper, and even during the time CONTRACTOR is logged into the Taskhelper platform. CONTRACTOR’s right to compete with Taskhelper, or perform services for business that compete with Taskhelper, will survive even after termination of this Agreement.
CONTRACTOR is not required to purchase, lease, or rent any products, equipment or services from Taskhelper as a condition of doing business with Taskhelper or entering into this Agreement.
CONTRACTOR agrees to immediately notify Taskhelper in writing at www.https://www.taskhelper.net/how-it-works-2// if CONTRACTOR’s right to control the manner or method he/she uses to perform services differs from the terms contemplated in this Section.
III. CONTRACTED SERVICES
From time to time, the Taskhelper platform will notify CONTRACTOR of the opportunity to complete deliveries from restaurants or other businesses to consumers in accordance with orders placed by consumers through the Taskhelper platform (each of these is referred to as a “Delivery Opportunity”). For each Delivery Opportunity accepted by CONTRACTOR (“Contracted Service”), CONTRACTOR agrees to retrieve the orders from restaurants or other businesses on time and safely, ensure the order is accurately filled, and complete delivery orders to consumers in a safe and timely fashion. CONTRACTOR understands and agrees that the parameters of each Contracted Service are established by the consumer, not Taskhelper, and represent the end result desired, not the means by which CONTRACTOR is to accomplish the result. CONTRACTOR has the right to cancel, from time to time, a Contracted Service when, in the exercise of CONTRACTOR’s reasonable discretion and business judgment, it is appropriate to do so. Notwithstanding the foregoing, CONTRACTOR agrees to maintain both a customer rating and a completion rate found here as of the date this Agreement becomes effective. Failure to satisfy this obligation constitutes a material breach of this Agreement, and Taskhelper shall have the right to terminate this Agreement and/or deactivate CONTRACTOR’S account.
CONTRACTOR acknowledges that Taskhelper has discretion as to which, if any, Delivery Opportunity to offer, just as CONTRACTOR has the discretion whether and to what extent to accept any Delivery Opportunity.
CONTRACTOR acknowledges that CONTRACTOR is engaged in CONTRACTOR’s own business, separate and apart from Taskhelper’S business, which is to provide an online marketplace connection using web-based technology that connects contractors, restaurants and/or other businesses, and consumers.
CONTRACTOR authorizes Taskhelper, during the course of a Contracted Service, to communicate with CONTRACTOR, consumer, and/or restaurant or other business to assist CONTRACTOR, to the extent permitted by CONTRACTOR, in facilitating deliveries. However, under no circumstances shall Taskhelper be authorized to control the manner or means by which CONTRACTOR performs delivery services or other services contemplated under this agreement. This includes, but is not limited to, the following:
Taskhelper does not require any specific type, or quality, of CONTRACTOR’s choice of transportation.
CONTRACTOR does not have a supervisor or any individual at Taskhelper to whom they report.
CONTRACTOR is not required to use any signage or other designation of Taskhelper on his or her vehicle or person at any point in their use of the platform to perform the Contracted Services.
Taskhelper has no control over CONTRACTOR’s personal appearance.
CONTRACTOR does not receive regular performance evaluations by Taskhelper.
CONTRACTOR may use whatever payment method he/she chooses to purchase items to be delivered to consumers, including, but not limited to CONTRACTOR’s personal credit or debit card, cash or a prepaid card. CONTRACTOR may use, for CONTRACTOR’s convenience, the prepaid card solely for purchasing items to be delivered to consumers. If CONTRACTOR chooses to use his/her personal credit or debit card or cash, CONTRACTOR shall invoice Taskhelper on a weekly basis and Taskhelper agrees to pay all invoices within 10 days of receipt.
In the event CONTRACTOR fails to fully perform any Contracted Service (a “Service Failure”) due to CONTRACTOR’s action or omission, CONTRACTOR shall forfeit all or part of the agreed upon fee for that service. If CONTRACTOR disputes responsibility for a Service Failure, the dispute shall be resolved pursuant to the “Payment Disputes” provision below.
CONTRACTOR agrees to immediately notify Taskhelper in writing by submitting a Support inquiry through https://help.Taskhelper.net/consumers/s/contactsupport if CONTRACTOR’s services or scope of work differ in any way from what is contemplated in this Section.
IV. RELATIONSHIP OF PARTIES
The parties acknowledge and agree that this Agreement is between two co-equal, independent business enterprises that are separately owned and operated. The parties intend this Agreement to create the relationship of principal and independent contractor and not that of employer and employee. The parties are not employees, agents, joint venturers, or partners of each other for any purpose. Neither party shall have the right to bind the other by contract or otherwise except as specifically provided in this Agreement.
Taskhelper shall not have the right to, and shall not, control the manner or the method of accomplishing Contracted Services to be performed by CONTRACTOR. The parties acknowledge and agree that those provisions of the Agreement reserving ultimate authority in Taskhelper have been inserted solely for the safety of consumers and other CONTRACTORS using the Taskhelper platform or to achieve compliance with federal, state, or local laws, regulations, and interpretations thereof.
Taskhelper shall report all payments made to CONTRACTOR on a calendar year basis using an appropriate IRS Form 1099, if the volume of payments to CONTRACTOR qualify. CONTRACTOR agrees to report all such payments and any cash gratuities to the appropriate federal, state and local taxing authorities.
V. PAYMENT FOR SERVICES
Unless notified otherwise by Taskhelper in writing or except as provided herein, CONTRACTOR will receive payment per accurate Contracted Service completed in an amount consistent with the publicly provided pay model, which you can view here. From time to time, Taskhelper may offer opportunities for CONTRACTOR to earn more money for performing Contracted Services at specified times or in specified locations. Nothing prevents the parties from negotiating a different rate of pay, and CONTRACTOR is free to accept or deny any such opportunities to earn different rates of pay.
Taskhelper’s online credit card software may permit consumers to add a gratuity to be paid to CONTRACTOR, and consumers can also pay a gratuity to CONTRACTOR in cash. CONTRACTOR shall retain 100% of any gratuity paid by the consumer, whether by cash or credit card. Taskhelper acknowledges it has no right to interfere with the amount of gratuity given by the consumer to the CONTRACTOR.
Taskhelper will process payments made by consumers and transmit to CONTRACTOR. Payments for all deliveries completed in a given week will be transferred via direct deposit on no less than a weekly basis unless it notifies CONTRACTOR otherwise in writing.
Notwithstanding the terms of Section V(1) – (3), fulfillment orders placed directly with merchants rather than through the App or Taskhelper.net (“Fulfillment Orders”) may be subject to a different payment model. More information regarding Fulfillment Orders may be found here. Nothing prevents the parties from negotiating a different rate of pay for a Fulfillment Order, and the CONTRACTOR is free to accept or reject Fulfillment Order opportunities. As with all Delivery Opportunities, CONTRACTOR shall retain 100% of any gratuity paid by the consumer for a Fulfillment Order. Taskhelper’s software may not always include an option to add gratuity for Fulfillment Orders; however, consumers can pay a gratuity to CONTRACTOR in cash.
From time to time, Taskhelper may offer various Taskhelper promotions or referral programs. CONTRACTOR agrees that he or she will not manipulate or abuse the referral programs or Taskhelper promotions by, among other things: (a) tampering with the location feature on his or her mobile phone; (b) collecting incentive or promotional pay when not eligible to receive such pay under relevant policies; or, (c) creating multiple Taskhelper or consumer accounts. CONTRACTOR understands that engaging in this type of manipulation or abuse constitutes a material breach of this Agreement and may lead to deactivation of his or her account.
VI. PAYMENT DISPUTES
CONTRACTOR’s Failure: In the event there is a Service Failure, CONTRACTOR shall not be entitled to payment as described above (as determined in Taskhelper’s reasonable discretion). Any withholding of payment shall be based upon proof provided by the consumer, restaurant or other business, CONTRACTOR, and any other party with information relevant to the dispute. Taskhelper shall make the initial determination as to whether a Service Failure was the result of CONTRACTOR’s action/omission. CONTRACTOR shall have the right to challenge Taskhelper’s determination through any legal means contemplated by this Agreement; however, CONTRACTOR shall notify Taskhelper in writing at www.https://www.taskhelper.net/how-it-works-2// of the challenge and provide Taskhelper the opportunity to resolve the dispute. CONTRACTOR should include any documents or other information in support of his/her challenge.
Taskhelper’s Failure: In the event Taskhelper fails to remit payment in a timely or accurate manner, CONTRACTOR shall have the right to seek proper payment by any legal means contemplated by this Agreement and, should CONTRACTOR prevail, shall be entitled to recover reasonable costs incurred in pursuing proper payment, provided, however, CONTRACTOR shall first inform Taskhelper in writing at www.https://www.taskhelper.net/how-it-works-2// of the failure and provide a reasonable opportunity to cure it.
VII. EQUIPMENT AND EXPENSES
CONTRACTOR represents that he/she has or can lawfully acquire all equipment, including vehicles and food hot bags (“Equipment”) necessary for performing Contracted Services, and CONTRACTOR is solely responsible for ensuring that the vehicle used conforms to all vehicle laws pertaining to safety, equipment, inspection, and operational capability.
CONTRACTOR agrees that he/she is responsible for all costs and expenses arising from CONTRACTOR’s performance of Contracted Services, including, but not limited to, costs related to CONTRACTOR’s Personnel (defined below) and Equipment. Except as otherwise required by law, CONTRACTOR assumes all risk of damage or loss to its Equipment.
In order to perform any Contracted Services, CONTRACTOR must, for the safety of consumers on the Taskhelper platform, pass a background check administered by a third-party vendor, subject to CONTRACTOR’s lawful consent. CONTRACTOR is not required to perform any Contracted Services personally, but may, to the extent permitted by law and subject to the terms of this Agreement, hire or engage others (as employees or subcontractors of CONTRACTOR) to perform all or some of the Contracted Services, provided any such employees or subcontractors meet all the requirements applicable to CONTRACTOR including, but not limited to, the background check requirements that CONTRACTOR must meet in order to perform Contracted Services. To the extent CONTRACTOR furnishes his/her own employees or subcontractors (collectively “Personnel”), CONTRACTOR shall be solely responsible for the direction and control of the Personnel it uses to perform all Contracted Services.
CONTRACTOR assumes full and sole responsibility for the payment of all amounts due to his/her Personnel for work performed in relation to this Agreement, including all wages, benefits and expenses, if any, and for all required state and federal income tax withholdings, unemployment insurance contributions, and social security taxes as to CONTRACTOR and all Personnel employed by CONTRACTOR in the performance of Contracted Services under this Agreement. Taskhelper shall have no responsibility for any wages, benefits, expenses, or other payments due CONTRACTOR’s Personnel, nor for income tax withholding, social security, unemployment insurance contributions, or other payroll taxes relating to CONTRACTOR or his/her Personnel. Neither CONTRACTOR nor his/her Personnel shall receive any wages, including vacation pay or holiday pay, from Taskhelper, nor shall they participate in or receive any other benefits, if any, available to Taskhelper’s employees.
Unless mandated by law, Taskhelper shall have no authority to withhold state or federal income taxes, social security taxes, unemployment insurance taxes/contributions, or any other local, state or federal tax on behalf of CONTRACTOR or his/her Personnel.
CONTRACTOR and his/her Personnel shall not be required to wear a uniform or other clothing of any type bearing Taskhelper’s name or logo.
If CONTRACTOR uses the services of any Personnel to perform the Contracted Services, CONTRACTOR’s Personnel must satisfy and comply with all of the terms of this Agreement, which CONTRACTOR must make enforceable by written agreement between CONTRACTOR and such Personnel. A copy of such written agreement must be provided to Taskhelper at least 7 days in advance of such Personnel performing the Contracted Services. The parties acknowledge that the sole purpose of this requirement is to ensure CONTRACTOR’s compliance with the terms of this Agreement.
CONTRACTOR agrees, as a condition of doing business with Taskhelper, that during the term of this Agreement, CONTRACTOR will maintain current insurance, in amounts and of types required by law to provide the Contracted Services, at his/her own expense. CONTRACTOR acknowledges that failure to secure or maintain satisfactory insurance coverage shall be deemed a material breach of this Agreement and shall result in the termination of the Agreement and the loss of CONTRACTOR’s right to receive Delivery Opportunities.
NOTIFICATION OF COVERAGE: CONTRACTOR agrees to deliver to Taskhelper, upon request, current certificates of insurance as proof of coverage. CONTRACTOR agrees to provide updated certificates each time CONTRACTOR purchases, renews, or alters CONTRACTOR’s insurance coverage. CONTRACTOR agrees to give Taskhelper at least thirty (30) days’ prior written notice before cancellation of any insurance policy required by this Agreement.
WORKERS’ COMPENSATION/OCCUPATIONAL ACCIDENT INSURANCE: CONTRACTOR agrees that CONTRACTOR will maintain sufficient insurance to cover any risks or claims arising out of or related to CONTRACTOR’S relationship with Taskhelper, including workers’ compensation insurance where required by law. CONTRACTOR acknowledges and understands that CONTRACTOR will not be eligible for workers’ compensation benefits through Taskhelper and is instead responsible for maintaining CONTRACTOR’S own workers’ compensation insurance or occupational accident insurance. CONTRACTOR’S maintenance of CONTRACTOR’S own workers’ compensation insurance or occupational accident insurance will not disqualify CONTRACTOR from participating in the Occupational Accident Insurance Policy for Taskhelpers, which Taskhelper may make available to CONTRACTOR.
Taskhelper agrees to indemnify, protect and hold harmless CONTRACTOR from any and all claims, demands, damages, suits, losses, liabilities and causes of action arising directly from Taskhelper’s actions arranging and offering the Contracted Services to CONTRACTOR.
CONTRACTOR agrees to indemnify, protect and hold harmless Taskhelper, including all parent, subsidiary and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, from any and all claims, demands, damages, suits, losses, liabilities and causes of action arising directly or indirectly from, as a result of or in connection with, the actions of CONTRACTOR and/or his/her Personnel arising from the performance of delivery services under this Agreement, including personal injury or death to any person (including to CONTRACTOR and/or his/her Personnel), as well as any liability arising from CONTRACTOR’s failure to comply with the terms of this Agreement. CONTRACTOR’s obligations hereunder shall include the cost of defense, including attorneys’ fees, as well as the payment of any final judgment rendered against or settlement agreed upon by Taskhelper or its parent, subsidiary and/or affiliated companies.
CONTRACTOR agrees to indemnify, protect and hold harmless Taskhelper, including all parent, subsidiary, and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, from any and all tax liabilities and responsibilities for payment of all federal, state and local taxes, including, but not limited to all payroll taxes, self-employment taxes, workers compensation premiums, and any contributions imposed or required under federal, state and local laws, with respect to CONTRACTOR and CONTRACTOR’s Personnel.
CONTRACTOR shall be responsible for, indemnify and hold harmless Taskhelper, including all parent, subsidiary, and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, from all costs of CONTRACTOR’s business, including, but not limited to, the expense and responsibility for any and all applicable insurance, local, state or federal licenses, permits, taxes, and assessments of any and all regulatory agencies, boards or municipalities.
XI. MUTUAL ARBITRATION PROVISION
CONTRACTOR and Taskhelper mutually agree to this Mutual Arbitration Provision, which is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) and shall apply to any and all disputes arising out of or relating to this Agreement, CONTRACTOR’s classification as an independent contractor, CONTRACTOR’s provision of Contracted Services to consumers, the payments received by CONTRACTOR for providing services to consumers, the termination of this Agreement, and all other aspects of CONTRACTOR’s relationship with Taskhelper, past, present or future, whether arising under federal, state or local statutory and/or common law, including without limitation harassment, discrimination or retaliation claims and claims arising under or related to the Civil Rights Act of 1964 (or its state or local equivalents), Americans With Disabilities Act (or its state or local equivalents), Age Discrimination in Employment Act (or its state or local equivalents), Family Medical Leave Act (or its state or local equivalents), Federal Credit Reporting Act (or its state or local equivalents), Telephone Consumer Protection Act (or its state or local equivalents), or Fair Labor Standards Act (or its state or local equivalents), state and local wage and hour laws, state and local statutes or regulations addressing the same or similar subject matters, and all other federal, state or local claims arising out of or relating to CONTRACTOR’s relationship or the termination of that relationship with Taskhelper. The parties expressly agree that this Agreement shall be governed by the FAA even in the event CONTRACTOR and/or Taskhelper are otherwise exempted from the FAA. Any disputes in this regard shall be resolved exclusively by an arbitrator. If for any reason the FAA does not apply, the state law governing arbitration agreements in the state in which the CONTRACTOR operates shall apply.
If either CONTRACTOR or Taskhelper wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought and (4) the amount in controversy. Any demand for arbitration by CONTRACTOR must be delivered to General Counsel, 303 2nd Street, Suite 800, San Francisco, CA, 94107.
Arbitration Class Action Waiver. CONTRACTOR and Taskhelper mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as, or to participate in, a class action, collective action and/or representative action—including but not limited to actions brought pursuant to the Private Attorney General Act (“PAGA”), California Labor Code section 2699 et seq., and any request seeking a public injunction—and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action, or to award relief to anyone but the individual in arbitration (“Arbitration Class Action Waiver”). Notwithstanding any other clause contained in this Agreement or the CPR Rules, as defined below, any claim that all or part of this Arbitration Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that all or part of the Arbitration Class Action Waiver is unenforceable, the class, collective and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Arbitration Class Action Waiver that is enforceable shall be enforced in arbitration. All other disputes with respect to whether this Mutual Arbitration Provision is unenforceable, unconscionable, applicable, valid, void or voidable, and all disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. For sake of clarification only, nothing in this paragraph shall be construed to prohibit settlements on a class-wide, collective, and/or representative basis.
CONTRACTOR agrees and acknowledges that entering into this Mutual Arbitration Provision does not change CONTRACTOR’s status as an independent contractor in fact and in law, that CONTRACTOR is not an employee of Taskhelper or its customers and that any disputes in this regard shall be subject to arbitration as provided in this agreement.
Any arbitration shall be governed by the CPR Administered Arbitration Rules and, when applicable, the CPR Employment-Related Mass-Claims Protocol (together, the “CPR Rules”) of the International Institute for Conflict Prevention & Resolution, except as follows:
The arbitration shall be heard by one arbitrator (the “Arbitrator”) selected in accordance with the CPR Rules. The Arbitrator shall be an attorney with experience in the law underlying the dispute.
If the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place within 45 miles of CONTRACTOR’s residence as of the effective date of this Agreement.
The CPR fee schedule will apply with the following exceptions. Unless applicable law provides otherwise, in the event that Taskhelper and CONTRACTOR have agreed to this Mutual Arbitration Provision, Taskhelper and CONTRACTOR shall equally share filing fees and other similar and usual administrative costs, as are common to both court and administrative proceedings, but CONTRACTOR’s share of such fees and costs will not exceed the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration. Taskhelper shall pay any costs uniquely associated with arbitration, such as payment of the fees of the Arbitrator, as well as room rental.
The Arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
Except as provided in the Arbitration Class Action Waiver, the Arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable.
The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions.
The Arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law.
The Arbitrator may issue orders to protect the confidentiality of proprietary information, trade secrets, or other sensitive information. Subject to the discretion of the Arbitrator or agreement of the parties, any person having a direct interest in the arbitration may attend the arbitration hearing. The Arbitrator may exclude any non-party from any part of the hearing.
Either CONTRACTOR or Taskhelper may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered ineffectual.
Nothing in this Mutual Arbitration Provision prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs. Nothing in this Mutual Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Mutual Arbitration Provision. This Mutual Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Mutual Arbitration Provision. Nothing in this Mutual Arbitration Provision prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration. Taskhelper will not retaliate against CONTRACTOR for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act. Disputes between the parties that may not be subject to predispute arbitration agreement, including as provided by an Act of Congress or lawful, enforceable Executive Order, are excluded from the coverage of this Mutual Arbitration Provision.
The CPR Rules may be found at www.cpradr.org or by searching for “CPR Administered Arbitration Rules” and “CPR Employment-Related Mass-Claims Protocol” using a service such as www.google.com or www.bing.com or by asking Taskhelper’s General Counsel to provide a copy.
CONTRACTOR’s Right to Opt Out of Mutual Arbitration Provision. Arbitration is not a mandatory condition of CONTRACTOR’s contractual relationship with Taskhelper, and therefore CONTRACTOR may submit a statement notifying Taskhelper that CONTRACTOR wishes to opt out and not be subject to this MUTUAL ARBITRATION PROVISION. In order to opt out, CONTRACTOR must notify Taskhelper in writing of CONTRACTOR’s intention to opt out by sending a letter, by First Class Mail, to General Counsel, 303 2nd Street, Suite 800, San Francisco, CA, 94107. Any attempt to opt out by email will be ineffective. The letter must state CONTRACTOR’s intention to opt out. In order to be effective, CONTRACTOR’s opt out letter must be postmarked within 30 days of the effective date of this Agreement. The letter must be signed by CONTRACTOR himself/herself, and not by any agent or representative of CONTRACTOR. The letter may opt out, at most, only one CONTRACTOR, and letters that purport to opt out multiple CONTRACTORS will not be effective as to any. No CONTRACTOR (or his or her agent or representative) may effectuate an opt out on behalf of other CONTRACTORS. If CONTRACTOR opts out as provided in this paragraph, CONTRACTOR will not be subject to any adverse action from Taskhelper as a consequence of that decision and he/she may pursue available legal remedies without regard to this Mutual Arbitration Provision. If CONTRACTOR does not opt out within 30 days of the effective date of this Agreement, CONTRACTOR and Taskhelper shall be deemed to have agreed to this Mutual Arbitration Provision. CONTRACTOR has the right to consult with counsel of CONTRACTOR’s choice concerning this Mutual Arbitration Provision (or any other provision of this Agreement).
This Mutual Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes covered by this Mutual Arbitration Provision. In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable. The award issued by the Arbitrator may be entered in any court of competent jurisdiction.
XII. LITIGATION CLASS ACTION WAIVER
To the extent allowed by applicable law, separate and apart from the Mutual Arbitration Provision found in Section XI, CONTRACTOR agrees that any proceeding to litigate in court any dispute arising out of or relating to this Agreement, whether because CONTRACTOR opted out of the Mutual Arbitration Provision or any other reason, will be conducted solely on an individual basis, and CONTRACTOR agrees not to seek to have any controversy, claim or dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which CONTRACTOR acts or proposes to act in a representative capacity (“Litigation Class Action Waiver”). CONTRACTOR further agrees that no proceeding will be joined, consolidated, or combined with another proceeding, without the prior written consent of all parties to any such proceeding. If a court of competent jurisdiction determines that all or part of this Litigation Class Action Waiver is unenforceable, unconscionable, void or voidable, the remainder of this Agreement shall remain in full force and effect.
XIII. TERMINATION OF AGREEMENT
CONTRACTOR may terminate this Agreement upon seven (7) days written notice. Taskhelper may terminate this Agreement and deactivate CONTRACTOR’S Taskhelper account only for the reasons set forth in the Taskhelper Deactivation Policy, or for a material breach of this Agreement. Notwithstanding any other provision in this Agreement, Taskhelper reserves the right to modify the Deactivation Policy if, in Taskhelper’s good faith and reasonable discretion, it is necessary to do so for the safe and/or effective operation of the Taskhelper platform. Taskhelper shall provide notice of any such changes to CONTRACTOR via e-mail. Changes to the Deactivation Policy shall be effective and binding on the parties upon CONTRACTOR’s continued use of the Taskhelper platform following Taskhelper’s e-mail notice of such modifications. Nothing will prevent CONTRACTOR from attempting to negotiate an exemption from any modification to the Deactivation Policy.
CONTRACTOR’s and Taskhelper’s obligations and rights arising under the Mutual Arbitration Provision of this Agreement shall survive termination of this Agreement. Notwithstanding any other provision in this Agreement, the Deactivation Policy is subject to change; such changes shall be effective and binding on the parties upon Taskhelper’S provision of notice to CONTRACTOR via e-mail.
XIV. ENTIRE AGREEMENT, TRANSFERABILITY, AND WAIVER
This Agreement shall constitute the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and shall not be modified, altered, changed or amended in any respect, unless in writing and signed by both parties. Before accepting any modifications, alterations, changes or amendments, CONTRACTOR shall have the right to discuss any proposed changes with Taskhelper and consider whether to continue his/her contractual relationship with Taskhelper. This Agreement supersedes any prior contract between the parties. To the extent Taskhelper’s consumer facing Terms and Conditions Agreement (or updated consumer facing Terms and Conditions Agreement, if applicable) is inconsistent or conflicts with this Agreement, this Agreement controls. However, the decision to opt-out of the Mutual Arbitration Provision in this Agreement does not affect the enforceability of any arbitration agreement in the consumer facing Terms and Conditions Agreement to which Contractor may be bound (and vice versa). This Agreement may not be assigned by either party without written consent of the other and shall be binding upon the parties hereto, including their heirs and successors, provided, however, that Taskhelper may assign its rights and obligations under this Agreement to an affiliate of Taskhelper or any successor(s) to its business and/or purchaser of substantially all of its stock or assets. References in this Agreement to Taskhelper shall be deemed to include such successor(s).
The failure of Taskhelper or CONTRACTOR in any instance to insist upon a strict performance of the terms of this Agreement or to exercise any option herein, shall not be construed as a waiver or relinquishment of such term or option and such term or option shall continue in full force and effect.
CAPTIONS: Captions appearing in this Agreement are for convenience only and do not in any way limit, amplify, modify, or otherwise affect the terms and provisions of this Agreement.
SEVERABILITY Clause: Except as specifically provided in Section XI, if any part of this Agreement is declared unlawful or unenforceable, the remainder of this Agreement shall remain in full force and effect.
GOVERNING LAW: Except for the Mutual Arbitration Provision above, which is governed by the Federal Arbitration Act, the choice of law for interpretation of this Agreement, and the right of the parties hereunder, as well as substantive interpretation of claims asserted pursuant to Section XI, shall be the rules of law of the state in which CONTRACTOR performs the majority of the services covered by this Agreement.
NOTICE AND OPPORTUNITY TO CURE: CONTRACTOR agrees to notify Taskhelper in writing at https://www.https://www.taskhelper.net/how-it-works-2// of any breach or perceived breach of this Agreement, of any claim arising out of or related to this Agreement, or of any claim that CONTRACTOR’s services or scope of work differ in any way from what is contemplated in this Agreement, including but not limited to the terms in Sections II (Contractor’s Operations) and III (Contracted Services), or if the relationship of the parties differs from the terms contemplated in Section IV (Relationship of Parties).
If you have any questions or concerns relating to this Taskhelper Privacy Statement or our privacy practices please contact us at:
Email Address: admin@Taskhelper.net