Terms of Service for Customers – Spetz, Inc. System

Last Updated: November 2022

 

Terms and Conditions for Customers, including individuals and businesses, who require a service and or information about a service (herein referred to as a “Consumer” or “you”/”your”). 

 

The following terms of service and the Privacy Policy (together, the “Terms”) govern your access and use of, and describe your rights and responsibilities while using, our services (as described below). Spetz offers Spetz apps, software, and website and all future technologies (herein referred to as “the System”). The System is owned and operated by Spetz, Inc. (“Spetz”, “we”, “us”, or the “Company”), a Delaware corporation, including its subsidiaries and affiliates. These Terms are a binding legal contract between you and us. Except for Specialists (defined below) and users with whom Spetz has a separate written agreement, the System is made available solely for your personal, non-commercial use.

 

Spetz is not a party to any transaction between users of the System on the one hand and Specialists that post their availability and services on the other hand. 

 

These Terms include an Arbitration and Class Action Waiver in Section 5 below.

 

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE SPETZ SYSTEM.

 

Welcome to our service!  

 

The Specialist is directed to the Consumer on the basis of their suitability and availability when the need arises using the System, which is constantly upgrading according to accumulated, affiliation and geographic presence available for the job, in their chosen work location. 

The Consumer is able to receive a direct service call according to various factors by entering their request into the System to request a service from a relevant Specialist. 

 

These Terms will be updated from time to time, and at any time the Consumer will be bound by this agreement from the time a service is requested with their details entered into the system. Please check the System for updates. 

 

Use of the System and its operation 

In order to use the System, you must be at least eighteen (18) years old.

The System is designed to help the Consumer to receive their requested service from the Specialist according to various factors. 

  • The System helps the Consumer to choose the best Specialist available on the platform (based on other Consumer input), whose skillset best meets the described needs. However, it is recommended that the Consumer personally checks the credentials of the Specialist along with any qualifications required within the law that the Specialist needs in order to fulfil the Service Call.

 

  • The System is not responsible for screening or assuring any certifications or qualifications that the Specialist may require by law to carry out the service call request.
  • The System is not in any way responsible for examining the authority, approvals, licenses, professional seniority and/or any other matter of the Specialist and/or of any of the employees of the Specialist and/or the performance of their duties as required and/or any other action taken or damage caused. 

The System allows any Consumer to use it for private and non-commercial use in accordance with the System and these terms of use. Any other use of the System or its content that has not been specifically permitted is prohibited. 

 

The System is intended to assist the public in finding the Specialist most suited to do various jobs, and its purpose is not for finding employers through service providers. 

  • The commercial uses permitted on the System are the registration of the Specialist to the System and their compliance with the System requirements so that their details will be provided to the Consumers, Additionally, businesses may engage the System to locate a Specialist for its needs.
  • Access to the System is available to Consumers without charge. Should this ever change, we will update these Terms and you will be alerted at the point of attempting to make a request. 
  • Feedback about the Specialist referred to the Consumer by the System is appreciated in order to improve the standard of the work of the Specialist, their reputation and to help other Consumers. The System may contact the Consumer in the future in order to receive further feedback.

Account Registration

You will be required to sign up for an account on the System, and provide certain personal information about you. You undertake to give accurate and complete information about yourself. You are not allowed to give false or misleading information or give someone else’s name. You may not transfer your account to anyone else without our prior written permission.

 

You may not share your account or password with anyone. You remain responsible for any activity associated with the account.

 

Prohibited Activity

It is strictly forbidden to perform any of the following actions on the System, any of these activities may cause damage to the System and the Consumer will be responsible for the consequences of their actions:  

  • Using technology and/or software (e.g. “robot”) to scan the System and/or retrieve information and any use of data obtained otherwise from the System
  • Collecting any information about the Specialist listed on the System (including their personal details, their phone number, email address, etc.) 
  • Any change, copying or derivative work of material found belonging to the System. The System is not responsible for the correctness of the commercial data appearing in it. 
  • Engaging in any conduct that restricts or inhibits anyone’s use or enjoyment of the System or which may harm the System, Spetz, other Consumers, Specialists or any other person/entity.
  • Violating or attempting to violate the security of the System.

The System may at any time prevent any Consumer the right to use the System and/or part of it and/or cancel any registration on the System and/or disable all access to the System and/or without the need for prior notice. The System may do so at its discretion and especially (but not limited to) if the Consumer has violated these Terms, the law or any law, caused damage to the System or endangered it in any way, in a manner that may harm the activity of the System, its users or its operators.  

 

The structure of the System, its appearance, its contents, its services (whether content or availability), the Specialist included therein, advertisements and any other matter in it are subject to change at any time without any prior notice. Any changes, as well as operation of the current System, may involve malfunctions and/or inconvenience. The System will not be responsible for any claims or demands that may arise due to the structure of the System or its changes. 

 

Any service provided by the System is free for Consumers, but subject to change without notice. The Specialist will separately charge its own fee for services. The Consumer must respect Trademarks, Copyright and intellectual property rights as well as refrain from violations or infringing content. All rights, including, TM, Copyright on the website, logo, name and any work appearing therein, any information, software, code, file, belong solely to Spetz and no use may be made of them except with the prior written consent of the Company, including publication, duplication, alteration, etc.  

 

It is prohibited by law to make any use or copy, reproduce, display, distribute, use or allow the use of any protected content from the content of the System, including the database of the Specialist. It is hereby clarified that the use of information in order to create alternative databases is strictly prohibited and constitutes breach of agreement and infringement of Copyright. 

 

Complaints

In any case of a complaint regarding the content appearing on the System, please use the Contact Page. In order to process a complaint, it must include the following details: accurate details identifying the Consumer, accurate identification of the content against which the Consumer makes a complaint, an explanation of the nature of the complaint and what content harms the Consumer, sufficient means of communication to allow the Company to contact the Consumer. Please include a statement stating that the complaint is correct to the best of the Consumer’s knowledge and to ensure that the entire complaint will be true and accurate, sign the complaint with the Consumer’s full name and send it to the Company. 

 

If the Consumer has a complaint regarding a Specialist or a Service Call please ensure that you update the Specialist’s rating on the System. While we disclaim responsibility for the Specialist’s services, please also let us know of any additional complaint you may wish to more privately share through our Contact Us page.  

 

Copyright Infringement Policy/Procedures

The Consumer may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the System; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the System except as expressly permitted by the Company; (iii) decompile, reverse engineer or disassemble the System except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the System or unduly burdening or hindering the operation and/or functionality of any aspect of the System; or (vi) attempt to gain unauthorized access to or impair any aspect of the System or its related systems or networks. 

 

  • a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
  • identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
  • identification of the content you claim to be infringing and which you request be removed from the System or access to which is to be disabled along with a description of where the infringing content is located;
  • information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
  • a statement by you that you have a good faith belief that the use of the content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
  • a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.

Spetz’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

 

Designated Agent – Copyright Infringement Claims

Spetz Inc.

c/o Greenspoon Marder LLP, Attention: Robert P. Wessely, Esq.

590 Madison Avenue

New York, NY 10022

robert.wessely@gmlaw.com

 

Responsibility 

The System is not responsible in any way or manner for the accuracy of the content, services, completeness, legality, reliability, correctness, timeliness, availability, etc. The content of the System is presented as is without any warranty or liability whatsoever. 

 

The System will not be liable, directly or indirectly, for any result and/or damage and/or cost and/or loss of any kind caused to any of the users and/or third parties by or due to reliance on the information contained on the System to the Consumer and/or any of the Specialists appearing on the System, even if the source of the connection was the site itself. The Specialist acts as an independent contractor. The System takes no responsibility for their actions. 

 

The System is entitled to promote the Specialist at its sole discretion, without any claim as a result. 

The System does not undertake and will not be responsible in any way for sending a particular service call to a specific Specialist and/or linking between a Consumer and a specific Specialist, and chooses the relevant Specialist according to the algorithm that will activate the identity of the Specialist who will contact the Consumer.  

 

There is no guarantee of continuous operation of the System, availability or other, and there is no responsibility for any service interruption, initiated or not initiated.  

 

The System does not undertake that the range of services will continue to be offered, and this service or another may be cancelled without advance notice. 

 

The System checks the content in it to prevent the existence of harmful software such as viruses, Trojans, worms or other harmful software, but the System is not responsible for the absence of such software and/or any harm that may be caused. The Consumer is asked to use updated antivirus software when using the System. The System will not be responsible for any such software that will cause any damage. 

 

The System is protected but it is not responsible for breaches of the System or databases maintained by it, by any hostile elements, beyond the use of reasonable security measures in the circumstances. 

The System does not monitor or censor advertisements and is not responsible in any way for their content. If Spetz learns of any egregious conduct by the Consumer or Specialist, it may remove such person or organization from the System without liability or notice.  

 

Without derogating from the generality of this section and solely for the sake of caution, it is hereby clarified that the System shall not be liable in any way or form for any damage, cost or expense caused directly or indirectly as a result of an act of force majeure or any other event which is not under the reasonable control of the System.  

 

The Consumer agrees that by using the System they assume full responsibility for any damage that may be caused as a result. 

 

  1. Links 
    The System may include links to other websites. The System does not recommend any of the linked sites, is not affiliated with them and is not responsible for their content. It is clarified that some of the links may appear on the System as part of any cooperation or payment. However, in relation to these links, the System is not responsible for them and the responsibility for the content included in those sites is solely on those sites.  
    Please report any broken link if encountered
     
  1. Limitations of a Claim 
    Due to the unique and dynamic nature of the System, it is hereby agreed upon by users that despite the default provisions of any applicable law, no claim(s) may be brought against the Company after two (2) years from the date of the event giving rise to the alleged liability.  
  1. Severability  
    If any court of competent jurisdiction determines a provision of these Terms is unenforceable, the parties intend that these Terms be enforced as if the unenforceable provision were not present, and that any partially valid and enforceable provision be enforced to the extent that it is enforceable.
  1. Governing law

The Consumer agrees that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between the Consumer and the Company.

 

  1. Binding Arbitration and Class Action Waiver
  • All disputes, claims and controversies, whether based on past, present or future events, arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of these Terms, and the determination of the scope or applicability of the Consumer’s agreement to arbitrate any dispute, claim or controversy originating from these Terms, but specifically excluding any dispute principally related to either party’s IP Rights (which will be resolved in litigation in New York County before the United States District Court for the Southern District of New York), will be determined by binding arbitration in New York County, New York before a single arbitrator. To the extent applicable law permits, any dispute arising out of or relating to these Terms will be conducted only on an individual basis and not in a class, consolidated or representative action.
  • The American Arbitration Association will administer the arbitration, by a single arbitrator, under its Commercial Arbitration Rules. The Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply for all cases.
  • The arbitrator will apply the substantive law of the State of New York, excluding its conflict or choice of law rules.
  • Nothing in this Agreement will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
  • The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provisions in this Section 13 referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. Sections 1-16) will govern any arbitration conducted in accordance with this Agreement.
  1. Arbitration Procedure
  • A party must notify the other party of its intent to commence arbitration prior to commencing arbitration. The notice must specify the date on which the arbitration demand is intended to be filed, which must be at least thirty (30) days after the date of the notice. During this time period, the parties should meet, which may include a telephone call, or calls, for the purpose of resolving the dispute prior to commencing arbitration.
  • Subject to Section 6(a) above, each party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, stating the subject of the dispute and the relief requested.
  • Subject to the disclaimers and limitations of liability stated in this Agreement, the appointed arbitrator may award monetary damages and any other remedies allowed by the laws of the State of New York. In making a determination, the arbitrator will not have the authority to modify any provision of these Terms. The arbitrator will deliver a reasoned, written decision with respect to the dispute to each party, who will promptly act in accordance with the arbitrator’s decision. Any award (including interim or final remedies) may be confirmed in or enforced by a court having jurisdiction over the parties. The decision of the arbitrator will be final, binding on all parties, and subject to review only in accordance with applicable statutes governing arbitration awards.
  • Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. In the event that a party fails to proceed with Arbitration, unsuccessfully challenges the Arbitrator’s award, or fails to comply with the Arbitrator’s award, the other party shall be entitled to costs of suit, including reasonable attorneys’ fees, for having to compel Arbitration or defend or enforce the award.
  • In any arbitration arising out of or relating to this Agreement, the arbitrator will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.
  1. SMS and Auto Dialed Calls

 

By entering your contact information through the System you expressly request to receive information and offers from Spetz and Specialists via telephone call, email and text/SMS message (including through the use of an automatic telephone dialing system or artificial/prerecorded voice, SMS or MMS (text) messages, even if your telephone number(s) is/are currently listed on any state, federal or corporate Do Not Call list). Consent is not a requirement to purchasing the goods or services that Spetz or the Specialists are offering. Standard text message rates and cellular data charges apply..

 

  1. Limitations on Liability
  • Indirect Damages. To the maximum extent permitted by applicable law, the Company will not be liable to the Consumer or its affiliates in relation to these Terms, whether in contract, negligence, strict liability, tort or other legal or equitable theory, for any lost profits, personal injury, property damage, loss of data, business interruption, indirect, incidental, consequential, exemplary, special, reliance, or punitive damages, even if these losses, damages, or costs are foreseeable, and whether or not the Consumer has been advised of their possibility.
  • General Damages. To the maximum extent permitted by applicable law, the Company will not be liable to the Consumer or its affiliates in relation to these Terms, whether in contract, negligence, strict liability, tort or other legal or equitable theory, for losses, damages, or costs exceeding in the aggregate the greater of (i) the total amount of fees the Consumer paid to the Company (excluding all pass-through fees levied by third party entities) during the 3-month period immediately preceding the event giving rise to the liability; and (ii) $500 USD.
  1. Assignment. The Consumer may not assign or transfer any obligation or benefit under these Terms without the Company’s consent. Any attempt to assign or transfer in violation of the previous sentence will be void in each instance. If the Consumer wishes to assign this Agreement, please contact the Company. The Company may, without the Consumer’s consent, freely assign and transfer these Terms, including any of its rights or obligations under these Terms. These Terms will be binding on, inure to the benefit of, and be enforceable by the parties and their permitted assigns.
  1. Independent Contractors

The legal relationship between Customer and Specialist is between a principal and independent contractor.

 

EACH SPECIALIST IS AN INDEPENDENT BUSINESS OWNER. SPECIALISTS ARE INDEPENDENT CONTRACTORS OF CUSTOMERS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PERFORM SERVICES AND/OR TASKS OF SPECIALISTS AND DOES NOT EMPLOY INDIVIDUALS OR SPECIALISTS TO PERFORM SERVICES. BY CONNECTING PERSONS SEEKING SERVICES WITH SPECIALISTS, COMPANY OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CUSTOMERS WITH SPECIALISTS WHO WISH TO PERFORM A VARIETY OF SERVICES.

 

CUSTOMER HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR SPECIALIST’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE SERVICES OF SPECILAIST IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.

 

The System enables connections between Specialists and Customer for the fulfillment of services. Company is not responsible for the performance or communications of Specialist, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Specialist or Customer, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Specialist or Customer, or of any ratings or reviews provided by any Customer. Company makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the services requested or services provided by, or the communications of or between, Specialists engaged through the System, whether in public or private, via on- or off-line interactions, or otherwise howsoever.

 

  1. Contract Between Customer and Specialist

You acknowledge and agree that a legally binding contract with a Specialist (the “Service Agreement”) is formed when you and that Specialist agree on the terms of the Service Call or service. The terms of the Service Agreement include the terms set forth in Sections 9 and 10, the engagement terms proposed and accepted on the System, and any other contractual terms accepted by both the Specialist and Customer to the extent such terms do not conflict with these Terms, including this Section 10, and do not expand Company’s obligations or restrict Company’s rights under this Agreement. Company is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between Company and Customer, nor will it create an employment relationship between Customer and Specialist. No Specialist has authority to enter into written or oral — whether implied or express — contracts on behalf of Company.

 

Where approved in advance by the Customer, the Specialist is not obligated to personally perform the Service Call or service. Specialist may engage assistants, helpers, subcontractors or other personnel (collectively “Assistants”). For safety reasons, such Assistants shall have been registered through the System. A Specialist’s failure to comply with this provision shall be a violation of these Terms and could lead to removal from the System. The Specialist assumes full and sole responsibility for the acts and omissions of such Assistants and is fully responsible for the lawful payment of all compensation, benefits and expenses of Assistants, if any, and for all required and applicable tax withholdings as to such Assistants. Customers are responsible for confirming with their Specialist that any Assistants are registered on the System.

 

Customer shall pay his, her, or its Specialist(s) in full for all Service Calls and services, at the rates and methods agreed to by the parties in the Service Agreement. Each Specialist agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Service Call and all services for Customer.

 

  1. Entire Agreement

These Terms constitute the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings.

 

 © 2022. Copyright Spetz Inc.