Terms of Use / User Agreement

Terms of Use / User Agreement

This Agreement constitutes a legal agreement between you ("you" or "User") and YakhaSquare. This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website. Our services, platform and Site collectively referred to as the "YakhaSquare".

By accessing, using or registering with the YakhaSquare or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the YakhaSquare. YakhaSquare acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.

By using the YakhaSquare, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) 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. 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.

To the extent permitted and except where prohibited by applicable law, these Terms of Use include:

  • Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim (Section 19).
  • Your agreement that no claims can be adjudicated on a class basis (Section 19). Your agreement that the YakhaSquare is provided "as is" and without warranty (Section 17).
  • Your agreement that the YakhaSquare is solely a communications platform providing a method for Professional Services to be booked, that all Professional Services are performed by third parties, and that YakhaSquare's has no liability for any Professional Services or any acts or omissions of third parties (Sections 1 and 17), with the exception of YakhaSquare Happiness Guarantee (Section 3(d)).
  • Your acknowledgment of and agreement to pay YakhaSquare Trust and Support Fee that will be applied to each appointment of a Professional Service paid through the YakhaSquare (Section 3(f)).
  • Your acknowledgment of and agreement to YakhaSquare dormant account service fees (Section 3(i)).
  • Your acknowledgment of and agreement to YakhaSquare cancellation policies and cancellation fees (Section 4(e)).
  • f you enroll in a Recurrent Service, a Minimum Commitment Plan, and/or YakhaSquare's Select membership under these Terms, your agreement that your plan and/or membership will automatically renew after an initial term if you do not cancel in accordance with these Terms (Section 3(c), Sections 4(d)-(f)).
  • Your agreement to release YakhaSquare's from liability based on claims relating to Services and otherwise (Section 17) and your agreement to the limitation of time within which a claim can be brought (Section 22).
  • Your agreement to indemnify YakhaSquare's from claims due to your use, misuse or inability to use the YakhaSquare, the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the YakhaSquare (Section 18).
  • Your consent to any modifications or amendments to this Agreement (Section 23). Your consent to the collection, use, sharing and transfer of your data as outlined in the Privacy Policy as updated from time to time.
  • YakhaSquare sole liability with respect to disputes between Users is set forth in the YakhaSquare's Happiness Guarantee (Section 3(d)). Home Improvement Referrals (as described in Section 3(g)) are NOT covered by the YakhaSquare's Happiness Guarantee.
  • Your agreement that YakhaSquare Happiness Guarantee is limited to only Payments paid by Requesters through the YakhaSquare for Professional Services that are booked and paid through the YakhaSquare, and does NOT apply to Home Improvement Referrals or any Professional Services obtained from such Home Improvement Referrals.

Your use of the YakhaSquare services and prohibited uses

You acknowledge and agree that your use of YakhaSquare is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect YakhaSquare content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use YakhaSquare to recreate or compete with YakhaSquare, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to YakhaSquare for any such damages, and will indemnify YakhaSquare in the event of any claims against YakhaSquare based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any YakhaSquare Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by YakhaSquare in its sole discretion that you are misusing or attempting to misuse or circumvent the YakhaSquare services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, YakhaSquare reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

Payments

We may allow you to pay for goods or services provided by Service Professionals, through the YakhaSquare website, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2, #7, you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law.

Contact Information

If you have any questions regarding this Agreement, please contact us at info@yakhasquare.com or by mail the below address:

YakhaSquare

263-77-456 7890

info@yakhasquare.com

Zimbabwe