UK Affixer Happiness Pledge Terms

The Affixer Happiness Pledge (“Happiness Pledge” or “Pledge”) is a part of Affixer, Inc.’s Terms of Service. (Capitalised terms not defined herein shall have the definitions set forth in Affixer’s Terms of Service). Nothing in the Affixer Happiness Pledge shall be construed to contradict or otherwise invalidate any part of Affixer’s Terms of Service or Privacy Policy, which remain in full force and effect.

What is the “Affixer Protection Pledge”?

Affixer is a technology platform that allows Users to connect with each other so they can be their most productive selves. Taskers determine what categories they are qualified to task in, and scope the Task directly with their Client. Clients are advised to confirm with their Tasker that s/he is qualified to perform the Task prior to the Task taking place. Affixer does not oversee, monitor, or direct how a Tasker performs a Task, does not monitor Tasks or chat threads between Users, and does not otherwise oversee or assume responsibility for the actions of Users. Affixer is not liable for the acts or omissions of Users, nor does Affixer insure or provide insurance against any losses sustained by Users. That said, Affixer wants Users to be happy about their experience using the Affixer Platform, and the Happiness Pledge is in place to encourage continued use of the Affixer Platform.

If Users fail to resolve an issue between themselves, and subject to the terms, exclusions and limitations set forth in the Agreement (including this Affixer Happiness Pledge), Affixer may offer the following in its discretion on a case-by-case basis:

1. Clients up to USD One Million Dollars ($1,000,000) per occurrence for Property Damage arising as a direct result of Negligence of a Tasker during performance of a Task through the Affixer Platform;
2. Users up to USD Ten Thousand Dollars ($10,000) per occurrence for Bodily Injury sustained by a User who did not cause the injury, as a direct result of Negligence by another User during the performance of a Task through the Affixer Platform;
3. Clients up to USD Ten Thousand Dollars ($10,000) per occurrence for Theft of a User’s property by a Tasker during performance of a Task through the Affixer Platform.

All monetary amounts may be paid in the applicable Sterling equivalent using conversion rates from USD on the date of payment to the User.

• The Task giving rise to the Happiness Pledge Claim (“the Claim”) did not require a licensed professional to perform (e.g., this could include plumbers, electricians, medical professionals, attorneys, notaries public, licensed general contractors, exterminators, etc);
• The Task giving rise to the Claim must not violate Affixer’s Terms of Service;
• You must not have violated our Terms of Service;
• The Task giving rise to the Claim must have been matched through the Affixer Platform, performed by the hired Tasker, and paid for in full via the Affixer Platform;
• You must submit a Affixer Resolution Request Form within fourteen (14) days of the performance of the Task giving rise to the Claim;
• Before submitting a Affixer Resolution Request Form, you must first make a good faith attempt to resolve the issue directly with the User(s) involved;
• You must not have submitted a separate Happiness Pledge Claim within ninety (90) days prior to the occurrence of the Task giving rise to the Claim; and
• Your Affixer account is in good standing, with no outstanding or pending balances owed to Affixer or other Users.

What is excluded from the Affixer Happiness Pledge?

The Affixer Happiness Pledge does not cover losses or damages to property or bodily injury or loss arising from or in any way related to any of the following (the “Excluded Losses”):

• Losses arising from operation of any motor vehicle, bicycle, aircraft or watercraft by a User;
• Losses arising out of any intellectual property claim;
• Losses arising out of interruption of business, loss of market, loss of income and/or loss of use, unemployment compensation, losses associated with the unauthorised access to Electronic Data, or any other indirect, consequential or special damages;
• Losses for property damage exceeding the original value or replacement value (whichever is the lesser), less any standard depreciation;
• Losses to Ineligible Property;
• Client losses arising from Negligence of a Client or third party;
• Tasker losses arising from Negligence of a Tasker or third party;
• Losses arising from a manufacturer’s or a product’s defects, or from pre-existing damages or conditions of the item or property, normal wear and tear, or deterioration;
• Losses arising from items (including but not limited to tools) supplied by the Client or resulting from Client’s recommendations or instructions (i.e. if a manufacturer recommends affixing furniture to a wall and a Client declines to have furniture affixed, or Client directs Tasker to perform the Task in a manner that results in damages);
• Losses that are a normal part of or natural result of the Task undertaken;
• Losses arising from intentional acts, including but not limited to: (i) assault and battery, (ii) sexual abuse or molestation, (iii) identity theft or fraud;
• Losses directly or indirectly arising out of flooding, water damage or relating to mildew, mold, fungi, spores, or other bacteria or microorganisms of any type, nature or description, including but not limited to any substance whose presence poses an actual or potential threat to human health;
• Losses beyond the specific damaged area (i.e. if the Task caused a scratch in the floor, the Happiness Pledge will address repairs to the scratched area only);
• Losses arising from products containing or causing hazardous or harmful materials, communicable diseases, acts of terrorism, pollution, or product liability;
• Displacement costs, including hotel and other accommodations;
• Losses arising out of acts of nature, including but not limited to: pollution, earthquakes, and weather-related events such as rain, wind, etc.;
• Losses resulting from cancellation by a Tasker, including increased costs associated with re-booking a new Tasker or hiring a third party;
• Losses resulting from theft without a valid police report;
• Losses reported more than 14 days after the Task took place; and
• Losses with insufficient documentation.

Insurance

You understand and agree that the Affixer Happiness Pledge is not insurance, and that no User or third party is an insured or third party beneficiary under the terms of any Affixer insurance policy.

Affixer has the right to subrogate against any person or entity who may be responsible for causing the Losses giving rise to a Claim, including Users or any third party. By making a Claim under this Happiness Pledge you agree you will assist in and cooperate fully with any actions taken by Affixer or its agents to subrogate a Claim.

If you carry insurance that would cover you in the event of a Claim, including but not limited to renter’s insurance, homeowner’s insurance, medical insurance, or an umbrella policy (“Personal Insurance”), you must seek compensation for Losses from your Personal Insurance, prior to seeking compensation by way of the Happiness Pledge. The Happiness Pledge will only compensate for Losses to the extent not otherwise covered by your Personal Insurance. Affixer has the right to provide a User’s contact information to an insurance company or to another User in order to facilitate a resolution of a Claim, either under the terms of this Affixer Happiness Pledge, or because a User’s Personal Insurance policy may apply.

How do I submit a Happiness Pledge Claim?

To submit a claim, please complete the Affixer Resolutions Request Form within fourteen (14) days of the performance of the Task giving rise to the Claim. Payment requests are subject to the terms and conditions noted herein. All Happiness Pledge Claims will be reviewed on a case-by-case basis.

During our Claims assessment process, you agree to (i) protect and preserve any damaged property that is the basis of a Claim from further damage; (ii) assist or allow Affixer or its agents access to make copies, photographs and recordings of anything relating to the Claim; (iii) allow Affixer or its insurers access to inspect anything relating to the Claim (iv) accept repairs by a Tasker first; (v) accept a replacement only if repairs are proven not to be an option; (vi) submit requested materials by the dates outlined by the Affixer Support or Resolutions Teams; and (vii) accept a replacement item subject to the standard depreciation of that item.

If any part of your Happiness Pledge Claim is approved, then as a condition to any payment to you under the Affixer Happiness Pledge, you will be required to execute and deliver to Affixer the “Affixer Resolutions Agreement”, which includes your agreement:

• to assign to Affixer or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved Claim from any person or entity that is financially responsible for the approved Claim;
• to reasonably cooperate with us, including, at our request, appearing as a witness in any litigation, arbitration, or like proceeding, if we seek to recover from any person or entity the amount paid to you with respect to an approved Claim;
• to release and hold harmless Affixer and its parents, affiliates, licensors, or any of such parties’ directors, officers, shareholders, agents, investors, subsidiaries, attorneys, representatives, insurers, employees, independent contractors, successors and assigns, from any further liability or obligations with respect to the facts and circumstances of the matters set forth in the Claim, by signing an agreement in a form acceptable to Affixer;
• to treat as confidential the resolution of your Claim and the contents of the Affixer Resolutions Agreement; and
• to refund to Affixer any amounts that Affixer determines to have been erroneously paid to you with respect to an approved Claim.

Miscellaneous

This Affixer Happiness Pledge and the Affixer Terms of Service and Privacy Policy constitute the entire agreement between Affixer and Affixer Users, and replace any and all prior, oral or written understandings or agreements. No person, entity or agent, including any User or any Affixer employee, may alter the terms of this Happiness Pledge. Users may not assign or transfer the terms of the Happiness Pledge, and no party shall be a third party beneficiary of these terms. The terms of this Happiness Pledge are not intended to and shall not be construed to give any person or entity other than a User of the Affixer platform any interest or rights (including, without limitation, any third party beneficiary rights) with respect to or in connection with any agreement or provision contained herein or contemplated hereby. Nothing herein shall in any way limit or exclude Affixer's liability for death or personal injury caused by its negligence, or fraudulent misrepresentation, or for anything which may not be legally excluded or limited. The Affixer Happiness Pledge shall be governed by English Law. Affixer reserves the right, in its sole and absolute discretion, to eliminate the Happiness Pledge altogether or change, modify or delete any of the terms of this Happiness Pledge at any time, effective with or without prior notice and without any liability to Affixer. Affixer will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Happiness Pledge are unacceptable to you, you must deactivate, and immediately stop using, the Affixer Platform. Your continued use of the Affixer Platform following any revision to this Happiness Pledge constitutes your complete and irrevocable acceptance of any and all such changes.

Defined Terms

"Happiness Pledge Claim” means a dispute resulting in Property Damage, Bodily Injury or Theft which is submitted via the Affixer Resolutions Request Form pursuant to the terms and conditions set forth herein.

“Ineligible Property” means cash or other currency, animals, fine art (paintings, photos, pictures, textiles, sculptures or other mediums of art, antiques, precious stones or metals and similar property of rare or historical value); electronic data (data or information stored electronically or in digital format including data, information, audio, video, files, databases, software, systems, applications, tapes, drives, cloud storage or data processing devices); damage to common areas; and/or items of sentimental value like heirlooms or photographs beyond the straight replacement value.

"Losses" means any Property Damage, Bodily Injury or Theft other than Excluded Losses.

“Negligence” means a finding by Affixer, in its sole discretion, that a User’s action or omission (a) breached a duty to other Users during the performance of a Task and (b) was the proximate cause of that User’s actual damages.

"Property Damage" means physical damage to, loss, or destruction of tangible property.

"Theft" means the intentional and fraudulent taking by one User of another User’s tangible personal property without permission or consent of the owner, with intent to convert it to another’s use.

“Resolutions Claim Expiration Date” means any deadline communicated by the Affixer Support or Resolutions Teams to a User in connection with a Claim.