Below are the terms and conditions for using Ask Others. If you need clarification contact our customer service department.
Agreement for Users of AskOthers.net and Ask Others IOS and Android apps
Users of Ask Others consists of Consumers and Providers. Consumers are individuals and companies who post Requests on Ask Others app and website for the purpose soliciting help from other Users. Providers are individuals or companies who provide Request Services for hire or volunteer basis on Request posts made by Consumers.
THE EXTENT OF ASK OTHERS’ SERVICE
- Ask Others provides both a website and mobile app that enable users to post Requests, which consists of both Goods, referred to as Things, Services, referred to as Tasks, and Onsite Quotes, which are purchased by the Provider and which may lead to tasks completed outside the Ask Others platform.
- Providers have the option to make an offer on Requests made by Consumers. A Proposal is created when a Provider responds to the Posted Request with a detailed offer.
- Consumers and Providers may change a Posted Request at any time before acceptance of a Proposal. Ask Others reserves the right to cancel Posted Request or Request Proposal deemed as inappropriate or as a violation of terms and agreement.
- If a Consumers accepts a Proposal, a Request Contract is created between the Consumer and Provider.
- Once a Contract is created, the Consumer must pay the Request Compensation as stated in the Proposal which will be held in a PayPal Transaction Pending Acceptance status until the Consumer marks the Request as successfully completed.
- Upon completion of Contract, Ask Others will receive a Service Fee which will be deducted from the total due Provider.The Service Fee is equal to 20%, not to exceed $9.95 per transaction. PayPal will charge an additional fee of $.30 and 2.9% per transaction for domestic charges with a higher percentage for charges made outside the United States. This is referred to as the PayPal Transaction Fee.
- Once the Contract is created, the Consumer and Provider may alter the Request Contract. The Consumer and Provider are encouraged to use the Ask Others Messaging System when communicating about the Request.
- The Provider must perform the agreed upon Request Services required under the Contract.
- Once the Request Services are complete, the Consumer and Provider must follow Request Complete procedures to close out the Contract.
- Once both the Consumer and Provider have closed out the Contract, the Consumer will confirm successful completion of the Request at which time the Payment Compensation will be released.
- After the Contract is complete, both the Consumer and Provider are encouraged to review and provide mutual feedback regarding the Contract, using the Ask Others Rating System.
- Consumers have the option of requesting “onsite quotes” from one or multiple Providers. In such situations the Provider purchases the lead for $9.95 once both parties have agreed upon a meeting time. This will be the only fee that is required from the Ask Others platform. All payments, agreements, and communication between Consumer and Provider will take place outside the Ask Others platform. The Consumer agrees to close Request for Onsite Quote if there isn’t a need for more quotes.
- Ask Others allows Users under 18 years of age to use the platform with verified supervision of a parent or guardian. The parent or guardian will provide a signed documentation that is on file with Ask Others until the user turns 18 years old. Until that time all communication via the Ask Others messaging system between the underage User and the Consumer or Provider must include the parent or guardian. Additionally, it’s recommended that underage User not meet privately with an unknown User. AskOthers.net will not be held responsible for the actions of any of its Users. It’s every User’s responsibility to take necessary precautions when interacting with known or unknown people.
ROLE AND OBLIGATIONS FOR ASK OTHERS
- The role for Ask Others is to provide a platform for Users that enhances communication between individuals who need Goods, referred to as Things or Services, referred to as Tasks and those who can provide requested Goods or Services.
- Ask Others permits individuals under 18 years of age to become Users only when a parent or legal guardian acts as his or her Agent and signs off on all Contracts. Under-age Consumers and Providers must make their age known in his or her Profile.
- Ask Others reserves the right to cancel or suspend any User account.
- Registering and creating an account with Ask Others is free. There is no charge for a User to post Requests or Make Offers, or for others to Browse Requests on Ask Others.
- Ask Others accepts no liability for any aspect of the Consumer and Provider interactions, including but not limited to the description, performance, or delivery of Request Services.
- Ask Others has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Providers to perform Request Services, or the honesty or accuracy of any information provided by Consumers or the Consumer’s ability to pay for the Request Services.
- Ask Others is merely a Communication Platform tool that connects people who need something with others who can provide what is needed.Ask Others does not require background checks and does not employ Providers. All Users need satisfy him or herself regarding the Provider’s ability, required license if any, and insurance or bonding.
- Ask Others has no obligation to any User to assist or involve itself in any dispute between Users although may do so to improve User experience.
- Ask Others encourages Users to take precautions when interacting meeting or interacting with other unknown Users. Precautions can include, but are not limited to, requiring references, checking with the city for task license requirements, not releasing any Compensation until Request Services completion, and not meeting alone in a private place.
- You will at all times:
- comply with this Agreement (including all Policies) and all applicable laws and regulations;
- only post accurate information on the Ask Others Platform;
- promptly and efficiently perform obligations to other Users under a Request Contract; and
- ensure that You are aware of any laws that apply to You as a Consumer or Provider, or in relation to using the Ask Others Platform.
- You agree that anything you see on the Ask Others website or mobile apps belong to Ask Others.
- You must not use the Ask Others Platform for any illegal or immoral purpose.
- You must always maintain control of Your Ask Others account.
- You grant Ask Others the right to use anything published on the Ask Others Platform for promotional purposes, which includes any Posted Request.
- You agree that you will not use the Ask Others Platform to hurt anyone in any way.
- Without limiting any provision of this Agreement, any information You supply to Ask Others or publish in a Request must be up to date and kept up to date and must not:
- be false, inaccurate or misleading or deceptive;
- be fraudulent or involve the sale of counterfeit or stolen items;
- infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
- violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, anti discrimination and trade practices/fair trading laws);
- be defamatory, libelous, threatening or harassing;
- be obscene or contain any material that, in Ask Others sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
- contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Ask Others Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
- The Ask Others Platform may from time to time engage location-based or map-based functionality. The Ask Others Platform may display the general location of Consumers to persons browsing the Ask Others Platform. Each Consumer will be asked to provide the address where the Request Services are to be delivered. A portion of the address will be hidden from general browsing. Consumers should never disclose personal details such as his or her full name, street number, phone number or email address when communicating on the Ask Others Platform.The entire address will be given to the Provider upon the accepted agreement of the Contract.
- If You are acting as a Provider, You are responsible to collect and pay any required sales tax.
- Providers must provide Services to Consumers in accordance with the Contract, unless the Services are prohibited by law, this Agreement, an agreement between the User and a Third Party Providers or by any of our Policies.
- You must not, when supplying Services, charge additional Fees in addition to the Provider’s Compensation except for the reimbursement of incurred expenses, which have been mutually agreed upon.
- When Request Services are voluntary and provided without cost, the Provider will not be charged a Service Fee. The Provider agrees not to make side arrangements for Compensation of Request Services.
- The Provider is responsible for requesting reimbursement for any Request Services expense but must make the Consumer aware of such costs before they are incurred. The Consumer must first agree to reimburse Provider before the Request Service has begun.
- If Ask Others determines, at its sole discretion, that You have breached any obligation under this clause 3, it reserves the rights to remove any content, Posted Request or Offer You have submitted to the Ask Others Platform and may remove any current Request Contracts.
- Upon the completion of a Request Contract, the Provider owes Ask Others a Service Fee. Fees will be automatically deducted from the Request Compensation being held as a PayPal Transaction Pending Acceptance.
- If the Consumer and Provider mutually agree to increase the Compensation, the Service Fee charged by Ask Others will only increase if the original Service Fee was less than the maximum Fee of $9.95, in which case the Service Fee will be recalculated using the new Compensation total.
- Ask Others on occasion may change the Service Fees and the terms applying to their payment. Any change relating to the Service Fees is effective fourteen (14) days after Ask Others notifies You of that change by sending a message to your Ask Others account, or by notifying You the next time You login to the Ask Others Platform.
- All Service Fees payable to Ask Others are non-cancellable and non-refundable, except for cancelled Contracts.
PAYMENTS AND REFUNDS
- (a) the Consumer and the Provider mutually agree to cancel the Request Contract; or
- (b) following reasonable attempts by a Consumer to contact a Provider to perform the Contract, the Contract will be cancelled;
- (c) Ask Others is satisfied that Request Compensation should be returned to the Consumer,
then Ask Others will refund Request Compensation to the Consumer
- Ask Others may use Identity Verification Services.
- You agree that Identity Verification Services used by Ask Others may not be fully accurate as all verification services are provided by third parties and are dependent on User-supplied information.
- You are solely responsible for identity verification and Ask Others accepts no responsibility for any use that is made of an Ask Others’ Identity Verification Service.
- Ask Others Identity Verification Services may be modified at any time.
- The Ask Others Platform may also include a User-initiated feedback system to help evaluate Users.
- You can complain about any comment made on the Ask Others by using the “Contact Ask Others” link.
- Ask Others is entitled to suspend or terminate Your account at any time if Ask Others, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for Ask Others’ Users.
LIMITATION OF LIABILITY
- Ask Others specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Consumers and Providers.
MODIFICATIONS TO THE AGREEMENT
- Ask Others may modify this Agreement or the Policies (and update the Ask Others’ pages on which they are displayed) from time to time. Ask Others will send notification of such modifications to Your Ask Others account or advise You the next time You login.
- When You actively agree to the terms (for example, by clicking a button saying "I accept") or use the Ask Others Platform in any manner, including engaging in any acts in connection with a Contract, the modified terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
- If You do not agree with any changes to this Agreement (or any of our Policies), You must notify Ask Others who will terminate your Ask Others accountand You agree to stop using the Ask Others Platform. Except as specifically described in or authorized by this Agreement, the terms of this Agreement and any Ask Others Policy cannot be amended except in writing signed by You and Ask Others.
- No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular,You have no authority to bind Ask Others, its related entities or affiliates in any way whatsoever. Ask Others confirms that all Third-Party Services that may be promoted on the Ask Others service are provided solely by such Third-Party Service Providers. To the extent permitted by law, Ask Others specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or nonperformance of such Third-Party Service.
- Ask Others may provide Affiliate Compensation for the purpose User recruitment at its sole discretion and makes Users aware that such relationships may exist. Affiliate Partners are not Agents of Ask Others and cannot bind Ask Others in any way whatsoever.
- Except as stated otherwise, any notices must be given by registered mail or by email, either to Ask Others contact address as displayed on the Ask Others’ Platform, or to Ask Others’ Users' contact address as provided at registration. Any notice shall be deemed given:
- (a) if sent by email, 24 hours after email is sent, unless the Consumer is notified that the email address is invalid or the email is undeliverable, and
MEDIATION AND DISPUTE RESOLUTION
- Ask Others encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Ask Others may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
- Ask Others may encourage use of PayPal’s dispute service. Information can be found at https://paypal.com.
- Ask Others has the right to hold any Request Compensation the subject of a dispute in its Account, until the dispute has been resolved.
- If You have a complaint about the Ask Others Platform please contact us.
- If Ask Others provides information of other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Ask Others against any claims relating to any other use of information not permitted by this Agreement.
- Either You or Ask Others may terminate your account and this Agreement at any time for any reason.
- Termination of this Agreement does not affect any Request Contract that has been formed between Ask Others’ Users. If You have entered into a Request Contract You must comply with the terms of that Contract including providing the Request Services or paying Request Compensation as applicable.
- Third-Party Services are subject to Third-Party Service Providers terms and conditions.
- Sections 4 (Fees), 13 (Limitation of Liability) and 18 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
- If Your account or this Agreement are terminated for any reason then You may not without Ask Others consent (in its absolute discretion) create any further accounts with Ask Others and we may terminate any other accounts You operate.
- This Agreement sets out the entire understanding and agreement between User and Ask Others with respect to its subject matter.
The terms used in this Task Contract have the meaning set out in the Ask Others Glossary. A Request Contract is created in accordance with the Ask Others Agreement. The Consumer and the Provider enter into this Request Contract on the following terms:
- COMMENCEMENT DATE AND TERM
- This Request Contract is created when the Consumer accepts the Provider's Proposal on a Posted Request to provide Goods or Services.
- This Contract will continue until terminated in accordance with clause 7.
- If a Task, the Provider will perform Services in a proper manner at the time and location agreed.
- If providing a Good, to lend or sell, the Provider must supply item(s) in accordance with agreed upon terms.
- Each party warrants that the information provided in the creation of this Request Contract is true and accurate.
- The Ask Others’ Provider warrants that he/she has the right to work and provide Request Services and hold relevant licenses in location where Services are being performed.
- The parties incorporate the Consumer Guarantees into this Request Contract, even if they are not already incorporated by law.
- PAYMENT OR CANCELLATION
- Upon the creation of this Request Contract, the Consumer must pay the agreed upon Request Compensation. The transaction will be processed using PayPal’s payment processing system with the Compensation placed in a PayPal Transaction Pending Acceptance status.
- Upon the Request Services being completed, the Provider will provide notice on the Ask Others Platform.
- The Consumer will be prompted to confirm the Request Services are complete. If the Provider has completed the Request Services in accordance with clause 2, the Consumer must use the Ask Others Platform to release the Provider’s Compensation from the PayPal Transaction Pending Acceptance status.
- If the parties agree to cancel this Request Contract, or the Consumer is unable to contact the Ask Others Provider to perform the Request Contract, the Provider’s Compensation will be dealt with in accordance with the User Agreement.
- LIMITATION OF LIABILITY
- Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Request Service, and any claims by any third person, or this Request Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
- The liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Request Compensation.
- If a dispute arising between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).
- If the parties are unable to resolve the dispute in accordance with clause 6.1, either party refer the dispute to the Third-Party Dispute Service and act in accordance with the Third Party Dispute Service's terms and conditions.
- TERMINATION OF CONTRACT
This Request Contract will terminate when:
- the Services are deemed complete and the Request Compensation is released from the PayPal hold;
- a party is terminated or suspended from the Ask Others Platform, at the election of the other party;
- otherwise agreed by the parties or the Third-Party Dispute Service; or
- notified byAsk Others in accordance with the party's Ask Others Agreement.
- APPLICATION OF POLICIES
The parties incorporate by reference the applicable Policies.
copyright Ask Others 2021
Ask Others Glossary
"Agreement" means the most updated version of the agreement between Ask Others and a User.
"Ask Others" "we" "us" "our" means Ask Others.
"Ask Others Platform" means the Ask Others website at http://www.AskOthers.net/, Ask Others smart phone app, and any other affiliated platform that may be introduced from time to time.
"Request Services" means the service of providing goods or services on the Ask Others Platform.
“Consumers” means a User who requests Goods or Services fromProviders.
"Providers" means a User who provides Goods or Services to Consumers.
"Consequential Loss" means any loss, damage or expense recoverable by law:
- other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
- which is a loss of:
- opportunity or goodwill;
- profits, anticipated savings or business;
- data; or
- value of any equipment,
and any costs or expenses incurred in connection with the foregoing.
"PayPal Transaction Pending Acceptance" means the amount of time PayPal will hold Compensation in Pending status before being released by Consumer.
"Fees" means all fees payable to Ask Others by Users including the Service Fee.
"Identify Verification Services" means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, and background check on file.
"Non-excludable Condition" means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
"Offer" means an offer made by a Provider in response to a Posted Request to perform or provide the Services.
"Posted Request" means the Consumer's request for Services, and includes the deadline for completion, price and description of the Services to be provided.
"Reference" means a feature allowing a User to request other Users to post a reference on the Ask Others Platform endorsing that User.
"Services" means the services to be rendered as described in the Posted Task, including any variations or amendments agreed before or subsequent to the creation of a Request Contract.
"Service Fee" means the fee payable by the Providers as consideration for Ask Others connecting the Provider with the Consumer, being twenty (20) percent of the Compensation, not to exceed $9.95.
"Site" means the website at http://www.AskOthers.net/.
"Take Down Notice" means any such request for Ask Others to remove content on the Ask Others Platform due to a claim of copyright infringement.
"Request Contract" means the separate contract which is formed between a Consumer and a Provider for Services, the terms of which is including in Appendix A to the Agreement.
"Request Compensation" means the payment that the Consumer pays the Provider for the successful completion of the Request Contract.
"Third Party Dispute Service" means a third-party dispute resolution service Providers used to resolve any disputes between Users.
"Third Party Services" means the promotions and links to services offered by third parties as may be featured on the Ask Others Platform from time to time.
"User" means the person who has signed up to use the Ask Others Platform, whether as the Consumer, Provider, or both.
"Provider’s Compensation" means the Request Payment less any Fees paid to Ask Others or PayPal.
Rules of Interpretation:
In the Ask Others Agreement and all Policies, except where the context otherwise requires:
- the singular includes the plural and vice versa, and a gender includes other genders;
- another grammatical form of a defined word or expression has a corresponding meaning;
- a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
- a reference to US$, $US, dollar or $ is to United States currency;
- a reference to time is to the time in New York, NY;
- a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
- a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
- the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
- are for ease of reference only and do not affect interpretation;
- any agreement, representation, warranty or indemnity in favor of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
- a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.