Terms & Conditions
These Terms & Conditions (“Terms”) constitute a legally binding agreement between you and Lovejunk Limited (“LoveJunk”) governing your use of the LoveJunk Platform. LoveJunk’s websites (including www.lovejunk.com) (the “Sites”), mobile applications (the “Apps”), and related services, information and communications are collectively referred to as the “LoveJunk Platform.”
Before you use the LoveJunk Platform, if you have any questions relating to these Terms, please contact our support team at [email protected]
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE LOVEJUNK PLATFORM.
BY ACKNOWLEDGING THESE TERMS AND/OR USING THE LOVEJUNK PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.
Your use of the LoveJunk Platform in a country other than the country in which you register constitutes your acceptance of and agreement to all of the terms and conditions in the Agreement for that country.
A few highlights of these Terms include:
- You must be at least the legally required age in the jurisdiction in which you reside and otherwise capable of entering into binding contracts, and at least 18 years old, in order to use or access the LoveJunk Platform (Section 2).
- Your agreement that the technology for the LoveJunk Platform is provided “as is” and without warranty (Section 16).
- Your agreement that LoveJunk provides no warranty and has no liability regarding User action on the LoveJunk Platform or the performance of Collections (Section 16).
- Your acknowledgment and agreement that LoveJunk does not supervise, scope, direct, control, or monitor a Collector’s work and the Collections performed (Section 1).
- Your acknowledgement and agreement that Customers are solely responsible for determining if the Collector they engage is licensed to perform the Collection (Sections 1 and 22).
- Your acknowledgement and agreement that Collectors are independent contractors of Customers and not employees, independent contractors or service providers of LoveJunk (Section 1).
- Your agreement that Customers may be charged a cancellation fee if they agree a collection, but cancel it before the scheduled time for performance (Section 4)
- Your agreement to hold harmless and indemnify LoveJunk from claims due to your use or inability to use the LoveJunk Platform or content submitted from your account to the LoveJunk Platform (Section 17).
1. The LoveJunk Platform Connects Collectors and Customers
The LoveJunk Platform is a web-based platform which enables connections between Customers and Collectors. “Customers” are individuals, organisations and/or businesses seeking to obtain waste removal services (“Collections”) from Collectors and are therefore customers of Collectors, and “Collectors” are sole traders and businesses seeking to perform Collections for Customers. Customers and Collectors together are hereinafter referred to as “Users.” If you agree on the terms of a Collection with another User, you and such other User form a Service Agreement directly between the two of you as set out in more detail in Section 3 below.
COLLECTORS ARE INDEPENDENT CONTRACTORS OF CUSTOMERS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF LOVEJUNK. LOVEJUNK DOES NOT PERFORM WASTE COLLECTIONS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM WASTE COLLECTIONS. BY CONNECTING PEOPLE AND BUSINESSES SEEKING WASTE COLLECTION SERVICES WITH WASTE COLLECTION SERVICE PROVIDERS, LOVEJUNK OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CLIENTS WITH SERVICE PROVIDERS (WASTE COLLECTORS) WHO WISH TO PERFORM WASTE COLLECTIONS.
USERS HEREBY ACKNOWLEDGE THAT LOVEJUNK DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A COLLECTOR’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE WASTE COLLECTIONS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF LAWFULLY COMPLIANT DISPOSAL, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
Any reference on the LoveJunk Platform to a Collector being licensed or credentialed in some manner, or “badged,” “reliable,” “reliability rate,” “elite,” “great value,” “background checked,” “vetted” (or similar language) designations indicates only that the Collector has completed a relevant account process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by LoveJunk of such Collector’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Customers to evaluate when they make their own decisions about the identity and suitability of Collectors whom they contact or interact with via the LoveJunk Platform.
The LoveJunk Platform enables connections between Users for the fulfillment of Collections. LoveJunk is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Collections, Collectors, or Customers, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. LoveJunk makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Collections requested or services provided by, or the communications of or between, Users identified through the LoveJunk Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
2. User Background Checks and User Representations and Warranties
User Background Checks
Users may be subject to a review process before they can register for and during their use of the LoveJunk Platform, which may include but is not limited to: identity verification, right to work checks, waste carrier license verification, and criminal background checks, using third party services as appropriate (“Background Checks”). Although LoveJunk may perform Background Checks, LoveJunk cannot confirm that each User is who they claim to be and does not assume responsibility for the accuracy or reliability of Background Check information.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. LoveJunk will not be liable for any false or misleading statements made by Users of the LoveJunk Platform.
NEITHER LOVEJUNK, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, LEGAL ADVISERS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE LOVEJUNK PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE LOVEJUNK AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE LOVEJUNK PLATFORM.
User Representations and Warranties
All Users represent and warrant that:
- You are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts;
- You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
- You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Collection or any interaction by or with any User and/or LoveJunk in connection with the LoveJunk Platform without the prior written consent of LoveJunk and/or the relevant User, as applicable;
- You will fulfill the commitments you make to other Users, communicate clearly and promptly, be present and/or available at the time you agree upon with your Collector or Customer as the case may be, and only utilize the third party payment service provider specified or approved by LoveJunk to make or receive payment for services provided through the LoveJunk Platform (the “PSP”);
- You will act professionally and responsibly in your interactions with other Users;
- You will use your real name or business name and an up-to-date photo or logo on your profile;
- When using or accessing the LoveJunk Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
- You will not use the LoveJunk Platform for the removal of any controlled or illegal substance.
- Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
- Other than as fully and promptly disclosed in writing to LoveJunk, you do not have any motivation, status, or interest that LoveJunk may reasonably wish to know about in connection with the LoveJunk Platform, including without limitation, if you are using or will or intend to use the LoveJunk Platform for any journalistic, academic, investigative, or unlawful purpose.
Collectors additionally represent and warrant that:
- When using the LoveJunk Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
- You are customarily engaged in an independently established business of the same nature as the services performed for Customers through the LoveJunk Platform, and maintain an independent clientele;
- You have the unrestricted right to work in the jurisdiction in which you will be performing Collections;
- If the Collection is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
- You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Collections;
- You have any and all insurance required to operate your business and provide your services;
- You will honor your commitments to other Users on the Platform, including by responding promptly; performing the Collection(s) as agreed upon with your Customer; and disposing of waste material at a suitably licensed facility;
- You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.
3. Contract between Customers and Collectors
You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of a Collection. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the LoveJunk Platform, and any other contractual terms accepted by both the Collector and their Customer to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand LoveJunk’s obligations or restrict LoveJunk’s rights under this Agreement. LoveJunk 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 LoveJunk and the Collector, nor will it create an employment relationship between the Customer and the Collector. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of LoveJunk. LoveJunk’s role, beyond enabling connections between Customers and Collector via it’s web-based communications platform, is to act as a limited payment collection agent for the Collector to facilitate payment for Collections on behalf of the Collector through the LoveJunk Platform using the PSP. In acting as the limited payment collection agent for Collections on the LoveJunk Platform, LoveJunk disclaims any other agency or authority to act on behalf of the Collector, and assumes no liability or responsibility for any acts or omissions of the Collector, either within or outside of the LoveJunk Platform.
While using the LoveJunk Platform, Customers, in their sole discretion, determine whether they will be present or not when a Collection is performed. Customers who elect not to be present when a Collection is performed agree that if someone other than them books the Collection on their behalf or is present when the Collection is performed, they are appointing that person as their agent (“Customer’s Agent”) and the Collector may take and follow direction from the Customer’s Agent as if such direction was given from the Customer him or herself. If you are a Customer’s Agent and accessing and using the LoveJunk Platform on behalf of a Customer, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. Customer assumes full and sole responsibility for the acts and omissions of Customer’s Agents.
The Customer shall pay their Collector(s) in full for all Collection services via the PSP as indicated on the LoveJunk Platform, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Collection.
4. Billing and Payment
Users of the LoveJunk Platform contract for Collections directly with other Users. LoveJunk will not be a party to any contracts for Collections or services. Payment for Collection services through the LoveJunk Platform is made directly from the Customer to the Collector via the PSP, and not by LoveJunk. LoveJunk is not obligated to compensate the Collector for Customer’s failure to pay for services.
The Collection Payment and platform fee must be paid through the PSP. Users of the LoveJunk Platform will be required to provide their payment method details to LoveJunk and the PSP. Customers will be responsible for paying the invoice for each Collection. Collectors will be responsible for paying the platform fee due to LoveJunk for each Collection.
Collectors will be required to set up an account with the PSP, which may require any or all of the following: registration with the PSP, agreement with the terms of service of the PSP (the “PSP Services Agreement”), and completion of a vetting process and/or account validation at the request of the PSP. By accepting these Terms, each Collector agrees that they have reviewed and agreed to the PSP Services Agreement. Please note that LoveJunk is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that LoveJunk has no obligations, responsibility or liability to any Collector or other party under the PSP Services Agreement.
To help prevent fraud and safeguard User information from the risk of unauthorized access, LoveJunk and/or the PSP may validate an account before activation and prior to each booking.
When a Customer receives confirmation through the LoveJunk Platform that a Collection has been completed and has themself also confirmed that it has been completed, the Customer automatically authorizes the PSP to process the Invoice(s). Users may be charged a cancellation fee through the PSP if you book (or accept) a collection, but cancel it before (or fail to appear upon) the scheduled time for performance.
LoveJunk reserves the right (but not the obligation) upon request from Customer or Collector, or upon notice of any potential fraud, unauthorized charges or other misuse of the LoveJunk Platform, to (i) place on hold any Collection Payment or (ii) refund or provide credits, or arrange for the PSP to do so.
Users of the LoveJunk Platform will be liable for any taxes (including VAT, if applicable in the country where the Collection is performed) required to be paid on the Collections provided under the Agreement.
5. Gift Cards, and Promotional Codes
LoveJunk may from time to time provide certain promotional opportunities to Users. All such promotions will be run at the sole discretion of LoveJunk, and can be implemented, modified, or removed at any time by LoveJunk without advance notification. The liability of LoveJunk and Affiliates, as well as any of LoveJunk’s corporate partners pursuant to such promotional opportunities and contests, shall be subject to the limitations set forth in Section 16 of these Terms.
LoveJunk gift cards (“Gift Cards”) and promotional codes (“Promo Codes”) may be available and can be used to pay Collection Payments and LoveJunk platform fee in part or in full.
(a) Promo Codes
Promo Codes are an offer by LoveJunk to reduce the amount a Customer has to pay in relation to a Collection Payment. Promo Codes will not affect the amount of the Collection Payment a Collector ultimately receives. The use or application of any Promo Code is solely intended as a promotional initiative and does not in any way create a relationship or engagement between LoveJunk or the Collector or Customer, or constitute wages, fees or other amounts paid to the Collector by LoveJunk. You agree that you will use Promo Codes in accordance with the terms and conditions governing the Promo Code. A new user Promo Code may only be used once by any User, regardless of the email address used during registration. LoveJunk reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by you or any other User in the event that the use or redemption of a Promo Code was in error, fraudulent, illegal, or otherwise in violation of the applicable Promo Code terms and conditions or this Agreement.
(b) Gift Cards
Gift cards can only be used in connection with Collections performed on the LoveJunk Platform, are not replaceable if lost or stolen and have no expiration date. Gift cards have no cash value and cannot be exchanged for cash except as required by law. Gift Cards must be entered directly into the Customer account; they may not be directly accepted by Collectors as a payment method.
A Gift Card cannot be combined with any other Gift Cards, gift certificates or Promo Codes. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” (or add value/balance) to your Gift Card at this time. If a Gift Card holder’s purchase exceeds the amount of that Gift Card’s balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. LoveJunk reserves the right to correct the balance of a Gift Card if LoveJunk believes that a billing error has occurred. LoveJunk reserves the right to limit quantities of Gift Cards purchased by any person or entity, and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means. Gift Cards and their use are subject to this Agreement, and use of a Gift Card constitutes acceptance thereof.
You agree to comply with all Gift Card terms and conditions.
6. Public Areas; Acceptable Use
The LoveJunk Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, collection postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the LoveJunk Platform, you should not share your personal contact information with other Users.
Without limitation, the LoveJunk Platform may not be used for any of the following purposes:
- To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and LoveJunk staff;
- To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
- To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or LoveJunk;
- To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage LoveJunk or its Users’ computers;
- To advertise or offer to sell any goods or services for any commercial purpose through the LoveJunk Platform which are not relevant to the Collection services;
- To post or complete a Collection requiring a User to otherwise engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by LoveJunk in its sole discretion;
- To conduct or forward surveys, contests, pyramid schemes, or chain letters;
- To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments;
While using the LoveJunk Platform, you may not:
- Use the LoveJunk Platform for any unauthorized or illegal purpose, including but not limited to posting or performing a Collection in violation of local, state, provincial, national, or international law;
- Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;
- Post the same Collection repeatedly (“Spamming”);
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the LoveJunk Platform;
- Restrict or inhibit any other User from using and enjoying the Public Areas;
- Imply or state that any statements you make (whether on or off the LoveJunk Platform) are endorsed by LoveJunk, without the prior written consent of LoveJunk;
- Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the LoveJunk Platform, or the electronic addresses or personal information of others, in any manner;
- Frame or utilize framing techniques to enclose the LoveJunk Platform or any portion thereof;
- Hack or interfere with the LoveJunk Platform, its servers or any connected networks;
- Adapt, alter, license, sublicense or translate the LoveJunk Platform for your own personal or commercial use;
- Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by LoveJunk and Affiliates;
- Upload content to the LoveJunk Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
- Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
- Use the LoveJunk Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the LoveJunk Platform as set forth herein;
- Use the LoveJunk Platform to collect usernames, email addresses, or other personal information of Users by electronic or other means;
- Use the LoveJunk Platform or the Collection services in violation of this Agreement;
- Use the LoveJunk Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining LoveJunk’s trade secret information for public disclosure or other purposes;
- Attempt to circumvent the payments system or platform fee in any way including, but not limited to, making or processing payments outside of the LoveJunk Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
- Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
- Cause any third party to engage in the restricted activities above; or
- Use tools with the goal of masking your IP address (like the TOR network).
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. LoveJunk will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
7. Mobile App Updates and Upgrades
8. Deactivation and Suspension
LoveJunk may suspend your right to use the LoveJunk Platform pending its investigation of a potential breach by you of this Agreement. LoveJunk may deactivate your account or limit your use of the LoveJunk Platform upon its determination that you breached a provision of this Agreement (a “User Breach”). LoveJunk will provide you with written notice of its determination. If you wish to appeal this determination, please contact [email protected] within 14 days of receipt of such notice with the grounds for your appeal.
If LoveJunk suspends or deactivates your account or limits your use of the LoveJunk Platform pursuant to this Section 8, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Even after your right to use the LoveJunk Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. LoveJunk reserves the right to take appropriate legal action pursuant to the Agreement.
LoveJunk reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the LoveJunk Platform at its sole discretion. LoveJunk will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, LoveJunk shall not be liable to you for any modification or discontinuance of all or any portion of the LoveJunk Platform. LoveJunk has the right to restrict anyone from completing registration as a Collector if such person may threaten the safety and integrity of the LoveJunk Platform, or if such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the LoveJunk Platform and deactivating your account. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the LoveJunk Platform.
9. Account, Password, Security, and Telephone Communications
You must register with LoveJunk and create an account to use the LoveJunk Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by LoveJunk for accessing the LoveJunk Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. LoveJunk has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to notify LoveJunk immediately.
You acknowledge that telephone calls to or from LoveJunk, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.
You verify that any contact information provided to LoveJunk, our agents and affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify LoveJunk before the change goes into effect by contacting [email protected]. If the change regards ownership of your telephone numbers, you may notify LoveJunk by texting STOP to any text message sent to the retiring phone number.
10. User Generated Content
“User Generated Content” is defined as any information and materials you provide to LoveJunk, its corporate partners, or other Users in connection with your registration for and use of the LoveJunk Platform and participation in LoveJunk promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that LoveJunk is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that LoveJunk has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.
You hereby represent and warrant to LoveJunk that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Collection is performed); (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libellous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with LoveJunk or otherwise purport to act as a representative or agent of LoveJunk; and (i) will not create liability for LoveJunk or cause LoveJunk to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.
The LoveJunk Platform hosts User Generated Content relating to reviews and ratings of specific Collectors (“Feedback”). Feedback is such User’s opinion and not the opinion of LoveJunk, and has not been verified or approved by LoveJunk. You agree that LoveJunk is not responsible or liable for any Feedback or other User Generated Content. LoveJunk encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. LoveJunk is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such feedback. You may request removal of a review that violates this Agreement by contacting [email protected].
LoveJunk respects the personal and other rights of others, and expects Users to do the same. LoveJunk is entitled to identify a User to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.
If a User believes, in good faith, that any User Generated Content provided on or in connection with the LoveJunk Platform is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify LoveJunk. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify the LoveJunk. Such notification can be made at LoveJunk Limited 9 Felsham Rd, Putney, London SW15 1AX.
11. Links to Third-Party Websites
The LoveJunk Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by LoveJunk or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the LoveJunk Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. LoveJunk does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that LoveJunk is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that LoveJunk has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the LoveJunk Platform at its sole discretion.
The use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. LoveJunk expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the LoveJunk Platform. You hereby agree to hold LoveJunk harmless from any liability that may result from the use of links that may appear on the LoveJunk Platform.
12. LoveJunk Operates as an Online Marketplace
LoveJunk operates as an online marketplace that connects Customers with service providers (Collectors) who wish to perform Collections. LoveJunk does not perform Collections and does not employ people to perform Collections. Collectors operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for Customers through the LoveJunk Platform. LoveJunk does not control or direct the Collectors’ performance of their services or set their work locations or work hours. Collectors provide services under their own name or business name, and not under LoveJunk’s name. Collectors provide their own equipment and vehicle to perform their services; LoveJunk does not provide the equipment or vehicle. Collectors are free to maintain a clientele without any restrictions from LoveJunk and are free to offer and provide their services elsewhere. LoveJunk does not set Collectors’ hours or terms of work. Collectors are free to accept or reject Customers and contracts. Collectors are not penalized for rejecting Customers or contracts, though if Collectors accept a Customer or contract through the LoveJunk Platform, they are expected to fulfill their contractual obligations. Users determine their own rates for services performed in the LoveJunk general marketplace.
The LoveJunk Platform is not an employment agency service or business and LoveJunk is not an employer of any User. Collectors acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Collections and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
13. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including LoveJunk designs, trademarks, and logos (collectively “Proprietary Material”) that Users see or read through the LoveJunk Platform is owned by LoveJunk, excluding User Generated Content, which Users hereby grant LoveJunk a license to use as set forth above in Article 10. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. LoveJunk owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the LoveJunk Platform without LoveJunk’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.
The service marks and trademarks of LoveJunk, including without limitation LoveJunk and associated logos, are service marks owned by LoveJunk. Any other trademarks, service marks, logos and/or trade names appearing via the LoveJunk Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
14. Copyright Complaints and Copyright Agent
LoveJunk respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the LoveJunk Platform infringe upon your copyright or other intellectual property right, please send the following information to [email protected]:
- A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the LoveJunk Platform where the material you claim is infringed is visible. Include enough information to allow LoveJunk to locate the material, and explain why you think an infringement has taken place;
- A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- Your electronic or physical signature as the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
15. Confidential Information
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of LoveJunk and agree that you will not, for the lifetime of your account on LoveJunk plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the LoveJunk Platform in accordance with these Terms. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify LoveJunk in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to LoveJunk promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of LoveJunk’s trade secrets, confidential and proprietary information, and all other information and data of LoveJunk that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to LoveJunk or LoveJunk’s business, operations or properties, including information about LoveJunk’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
16. Disclaimer of Warranties
(a) Use Of The LoveJunk Platform Is Entirely At Your Own Risk
THE TECHNOLOGY OF THE LOVEJUNK PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. LOVEJUNK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE LOVEJUNK PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE LOVEJUNK PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE LOVEJUNK PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
LoveJunk does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the LoveJunk Platform or any hyperlinked website or featured in any banner or other advertising, and LoveJunk will not be a party to or in any way be responsible for monitoring any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, LoveJunk and Affiliates do not warrant that access to the LoveJunk Platform will be uninterrupted or that the LoveJunk Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the LoveJunk Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Collection, service, information or materials provided through or in connection with the use of the LoveJunk Platform. LoveJunk and Affiliates are not responsible for the conduct, whether online or offline, of any User. LoveJunk and Affiliates do not warrant that the LoveJunk Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. LoveJunk and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.
Notwithstanding any feature a Customer may use to expedite LoveJunk selection, each Customer is responsible for determining the Collection and selecting their Collector and LoveJunk does not warrant any goods or services purchased by a Customer and does not recommend any particular Collector. LoveJunk does not provide any warranties or guarantees regarding any Collector’s ability, professional accreditation, registration or license.
(b) No Liability
You acknowledge and agree that LoveJunk is only willing to provide the LoveJunk Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold LoveJunk and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the LoveJunk Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by LoveJunk and Affiliates, and any destruction of your User Generated Content.
UNDER NO CIRCUMSTANCES WILL LOVEJUNK AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE LOVEJUNK AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY LOVEJUNK, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR LEGAL FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE LOVEJUNK PLATFORM OR THE COLLECTION SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH CASES THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
LOVEJUNK AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS LOVEJUNK PLATFORM. LOVEJUNK AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE LOVEJUNK PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT LOVEJUNK AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO LOVEJUNK (IF YOU ARE A CLIENT) OR TOTAL COLLECTION PAYMENTS PAID TO YOU BY CLIENTS (IF YOU ARE A COLLECTOR), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You hereby agree to indemnify, defend, and hold harmless LoveJunk and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the LoveJunk Platform; (ii) your participation in Collections, or your ability or inability to perform or obtain the performance of Collections or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in Section 2; (vi) any content submitted by you or using your account to the LoveJunk Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) if you are a Customer, the acts or omissions of any Customer’s Agents. LoveJunk reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of LoveJunk.
18. Dispute Resolution
To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the LoveJunk Platform, your relationship with LoveJunk, Collections, or this Agreement (including previous versions), (“Dispute”), you and LoveJunk agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least 30 days before initiating any out of court settlement or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to LoveJunk. LoveJunk’s address for such notice is “Dispute Resolution, Lovejunk Limited, 9 Felsham Road, LOndon SW15 1AX.
PLEASE NOTE: FOR MORE INFORMATION ABOUT DISPUTE RESOLUTION TERMS, PLEASE REVIEW THE JURISDICTION-SPECIFIC SECTION APPLICABLE TO YOU BELOW.
19. App Store Sourced Apps
The following applies to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”):
You acknowledge and agree that (i) the Agreement is entered into between you and LoveJunk only, and Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) LoveJunk, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between LoveJunk and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of LoveJunk, subject at all times to warranty limitations and exclusions set forth in this Agreement.
You and LoveJunk acknowledge that, as between LoveJunk and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and LoveJunk acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between LoveJunk and Apple, LoveJunk (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by this Agreement.
You and LoveJunk acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
20. No Agency; No Employment
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
21. General Provisions
Failure by LoveJunk to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and LoveJunk with respect to its subject matter, and supersedes and governs any and all prior agreements or communications. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. You hereby acknowledge and agree that we may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Upon the effective date of the assignment of the Agreement (a) LoveJunk shall be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment and, (b) the assignee entity shall replace LoveJunk for the performance of this Agreement. This Agreement may not be assigned or transferred by you without our prior written approval. Any assignment in violation of this Section 21 shall be null and void. This Agreement will inure to the benefit of LoveJunk, its successors and assigns.
Collectors alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering their services and undertaking Collections. Indeed, certain types of Collections and services may be prohibited altogether, and it is the responsibility of Collectors to avoid such prohibited Collections and services. Penalties may include fines or other law enforcement. If you have questions about how national/ state/ provincial/ territorial and local laws apply to your Collections and services on the LoveJunk Platform, you should first seek appropriate legal guidance.
Because LoveJunk does not supervise, scope, direct, control, or monitor a Collector’s work or performance of Collections, Customers must determine for themselves whether a Collector is qualified to perform the specific Collection at hand. Customers may wish to consult their national/state/provincial/territorial or local requirements to determine whether certain Collections are required to be performed by a licensed or otherwise registered professional. Customers may also wish to discuss with their Collector any specific hazards, obstacles, or impediments in the Collection location (both visible and concealed) that may impact the performance of the Collection.
23. Changes to this Agreement and the LoveJunk Platform
24. No Rights of Third Parties
The provisions of this Agreement are for the sole benefit of the Parties and their successors and permitted assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights except as set forth in Section 19) or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that a Customer’s Agent may act in the name of and on behalf of his/her Customer.
25. Notices and Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.
If you have any questions about these Terms of Service or about the LoveJunk Platform, please contact us by email at [email protected] or by mail to 9 Felsham Road, London SW15 1AX, UK.
26. Consent to Electronic Signatures
By using the LoveJunk Platform, you agree to transact electronically through the LoveJunk Platform. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
27. Additional Provisions
Telephone Communications and Agreement to be Contacted
By providing your mobile phone number and using the LoveJunk Platform, you hereby affirmatively consent to use of your mobile phone number for calls and recurring text messages, (including with an autodialer and/or prerecorded voice) by LoveJunk and Affiliates, or from independent contractors (including Collectors) in order to (a) perform and improve upon the LoveJunk Platform, (b) facilitate the carrying out of Collections through the LoveJunk Platform, and (c) provide you with information and reminders regarding your registration, orientation, upcoming Collections, product alterations, changes and updates, service outages or alterations. These calls and texts may include, among other things, reminders about uncompleted or upcoming Collections and/or in follow up to any push notifications delivered through our mobile application. LoveJunk will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from LoveJunk by modifying your account settings on the Sites or Apps, texting “STOP” in response to any texts, or by emailing [email protected] and specifying you want to opt-out of texts. You may opt-out of receiving calls from LoveJunk by stating that you no longer wish to receive calls during any call with us, or by emailing [email protected] and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.
Worker Classification and Withholdings
LoveJunk does not employ Collectors. LoveJunk is not responsible for and will not be liable for any tax payment or withholding, including but not limited to applicable VAT, National Insurance, employer’s liability, social security, PAYE or other payroll withholding tax in connection with a User’s use of the LoveJunk Platform. The Collector assumes full and sole responsibility for all required and applicable income tax and National Insurance Contributions withholdings as to the Collector and all persons engaged by the Collector in the performance of the Collection Services. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
Media and User Generated Content
To the extent permitted by law, you hereby grant LoveJunk a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects you provide to LoveJunk (collectively, “Media”) in exchange for use of the LoveJunk Platform, in any media now known or not currently known in order to market, operate, and improve upon the LoveJunk Platform, including but not limited to the right to the following:
- Use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Media or User Generated Content;
- Exhibit, distribute, display, transmit, and broadcast on any and all media (including, without limitation, the internet), any Media or User Generated Content (or portion thereof) or any videotape, film, recording, or photograph (or portion thereof) that such User provides to LoveJunk or that LoveJunk takes of User, and use, reproduce, modify, or creative derivatives of such User Generated Content or Media, including such User’s picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”) in any format and through any distribution channels;
- Reproduce in any and all media any recordings of such User’s voice, and any related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the LoveJunk Platform or any LoveJunk promotional campaigns;
- Use, and permit to be used, such User’s Media, Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the LoveJunk Platform in any media, in any format and through any distribution channels; and
- Use, and permit to be used, such User’s name and identity in connection with the LoveJunk Platform or any LoveJunk promotional campaigns.
Further, you hereby waive any and all moral rights in connection with the Media (to the extent allowable by law). Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third party rights.
Each User acknowledges that LoveJunk shall not owe any financial or other remuneration for using the Media, Physical Likeness, or Voice provided hereunder by such User, either for initial or subsequent transmission or playback.
Each User hereby waives all rights and releases LoveJunk and Affiliates from, and shall hold harmless against any such parties for, any claim or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, Physical Likeness, Media, or Voice in connection with the LoveJunk Platform.
LoveJunk and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
You will promptly disclose to LoveJunk in writing if you have any potentially relevant unspent convictions or cautions (other than minor fixed penalty parking or speeding offenses) that arise during your use of the LoveJunk Platform.
Contract between Customers and Collectors
Customers, and not LoveJunk, supervise, scope, direct, control, or monitor a Collector’s work and the Collections performed, and may waive any such direction or instruction during the performance of the Collection. Customer’s Agent may authorize any applicable waiver of the Customer’s scoping, direction, or instruction of the Collector’s work or performance of the Collection by signing in the Customer’s stead. Customer agrees that such direction and/or waiver is valid against Customer and Customer’s Agent, and Customer shall be responsible and liable for all such direction and/or waiver as if made by Customer him or herself.
Regardless of any other provision in this Agreement, nothing in these Terms of Service excludes or limits liability for: (i) death or personal injury caused by LoveJunk’s negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that, by law, may not be limited or excluded.
No Rights of Third Parties
The provisions of this Agreement are for the sole benefit of the Parties and their successors and permitted assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights). No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this Agreement, provided, however, that a Customer’s Agent may act in the name of and on behalf of his/her Customer.
Invoicing Obligations for Collectors
As a Collector rendering services in the U.K., you may have the obligation under the Commercial Code and the Tax Code to issue invoices or receipts to your Customers. Any invoices or receipts have to comply with specific requirements. LoveJunk is not responsible for issuing these invoices or receipts on your behalf. By accepting these Terms of Service, you acknowledge that LoveJunk will not issue invoices or receipts on your behalf.
A Collector rendering services in the U.K. may be required to issue invoices to its Customers. The Collector shall be responsible at all times, and fully liable regarding, (i) its invoicing obligations, in particular as regards the content of the invoice and its mandatory details and (ii) the VAT consequences deriving from that. More generally, the Collector shall be responsible for filing his/her VAT returns and paying VAT relating to the Collections performed by the Collector for the benefit of the Customer.
LoveJunk shall not be held responsible for any breach of the Collector’s tax obligations, it being specified that LoveJunk shall not be held jointly and severally liable for VAT, interest on overdue VAT, or for any penalties or fines that would be owed by the Collector.
This Agreement and your use of the LoveJunk Platform shall be governed by English law, and any dispute regarding this Agreement or the use of the LoveJunk Platform will only be dealt with by the English courts. Nothing shall prevent LoveJunk from bringing proceedings to protect our intellectual property rights before any competent court.
28. Acknowledgement and Consent