Last updated: November XX, 2023
These Terms of Service constitute a legally binding agreement between you and Spare Hand Students™ LLC (“Spare Hand”) governing your use of the Platform [Undefined]. Spare Hand’s websites (including, without limitation, www.sparehandstudents.com ) (the “Sites”), mobile or other applications (the “Apps”), software, processes, video consultations, subscription services and any other services, information and communications are collectively referred to as the “Platform.”
The use of all personal data you submit to the Platform or which we collect about you is governed by our Privacy Policy (“Privacy Policy”). A copy of our Privacy Policy is available here. You acknowledge that by using the Platform you have reviewed the Privacy Policy.
Your consent at registration and continued use of the Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service and the Privacy Policy as well as any future amendments and additions to this Agreement (as defined below) we may publish from time to time. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the Platform.
The Privacy Policy is incorporated by reference into these Terms of Service and together form and are hereinafter referred to as the “Agreement”.
PLEASE NOTE: SECTION 28, WHICH CONTAINS JURISDICTION-SPECIFIC PROVISIONS, SPECIFIES HOW USERS AND SPARE HAND RESOLVE DISPUTES. SECTION 28 CONTAINS AN ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTIONS, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST SPARE HAND TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.
BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT) AND YOU ACCEPT ALL OF ITS TERMS.
Your use of the Platform in a state other than the state in which you register constitutes your acceptance of and agreement to all of the terms and conditions in the Agreement for that state.
Some highlights of these Terms of Service include:
The Platform is a web- and app-based two-sided marketplace which enables connections between Customers and Hands.“Customers” are individuals and/or businesses seeking to obtain short-term services (“Jobs”) from Hands and are therefore customers of Hands, and “Hands” are meant to be students enrolled in college or university seeking to perform Jobs for Customers. Customers and Hands together are hereinafter referred to as “Users.”If you agree on the terms of a Job with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.
HANDS ARE INDEPENDENT CONTRACTORS OF CUSTOMERS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF SPARE HAND. SPARE HAND DOES NOT PERFORM JOBS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM JOBS. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, SPARE HAND OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CUSTOMERS WITH SERVICE PROVIDERS (HANDS) WHO WISH TO PERFORM A VARIETY OF JOBS.
USERS HEREBY ACKNOWLEDGE THAT SPARE HAND DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A HAND’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE JOBS 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.
Any reference on the Platform to a Hand being a student, 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 Hand has completed a relevant account registration process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Spare Hand of such Hand’s skills or qualifications, status us a student enrolled in a college or university 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 Hands whom they select, interact, or contract with via the Platform.
The Platform enables connections between Users for the fulfillment of Jobs. Spare Hand 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 Jobs, Hands, 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. Spare Hand makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Jobs requested or services provided by, or the communications of or between, Users identified through the Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
Hands may be subject to a review process before they can register for and during their use of the Platform, which may include but is not limited to identity verification, verification of enrollment at a college or university and criminal background checks, using third party services as appropriate (“Background Checks”). Although Spare Hand may perform Background Checks, Spare Hand cannot confirm that any User is who they claim to be, and Spare Hand cannot and does not assume any 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. Spare Hand will not be liable for any false or misleading statements made by Users of the Platform.
NEITHER SPARE HAND, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, PARTNERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, 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 PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE SPARE HAND 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 PLATFORM.
All Users represent and warrant that:
Hands additionally represent and warrant that:
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 Job. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Platform, and any other contractual terms accepted by both the Hand 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 Spare Hand’s obligations or restrict Spare Hand’s rights under this Agreement. Spare Hand 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 Spare Hand and the Hand, nor will it create an employment relationship between the Customer and the Hand. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Spare Hand.
While using the Platform, Customers, in their sole discretion, determine whether they will be present or not when a Job is performed. Customers agree that if someone other than them books the Job on their behalf or is present in their stead when the Job is performed, they are appointing that person as their agent (“Customer’s Agent”) and the Hand 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 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’s Agent may authorize any applicable waiver of the Customer’s scoping, direction, or instruction of the Hand’s work or performance of the Job 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. Customer assumes full and sole responsibility for the acts and omissions of Customer’s Agents.
The Customer shall pay their Hand(s) in full for all Jobs via the PSP as indicated on the 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 Job.
Users of the Platform contract for Jobs directly with other Users. Spare Hand will not be a party to any contracts for Jobs or services. Customer, and not Spare Hand, is responsible for payment for all Jobs through the Platform. Such payment must be made via the PSP.Spare Hand is not obligated to compensate Hand for Customer’s failure to pay for services or a Job.
The Job Payment and Fees to Spare Hand must be paid through the PSP. “Fees” means any amount charged by Spare Hand to a User in connection with the Platform, including, without limitation, cancellation fees. The typical fee payable by a Customer to Spare Hand with respect to a Job shall be 15% of (and in addition to) the amount paid by such Customer to a Hand.
Customers on the Platform will be required to provide their payment method details to Spare Hand and the PSP and to agree to the terms of service of and provide payment authorization to the PSP. Hands are responsible for accurately invoicing their Customers within 24 hours of the work being performed, even if the Job is not completed in its entirety or is designated as “ongoing”. Customers will be responsible for paying the invoice(s) for each Job (the “Invoice(s)”), which will include the pricing terms of the Job provided by the Hand and agreed upon by the parties (“Job Payment”) (Hands shall not be responsible for purchasing any supplies or products, all of which shall be provided by the applicable Customer to the extent required for the Job), (B) the Fees Spare Hand assesses to the Customer for access to and information regarding Hands, and/or (C) cancellation charges, if applicable. Customers will also be charged credit card, wire and other payment processing fees. Hands will be responsible for (I) paying registration fees, if applicable, and (II) repayment of erroneous payments.
Hands will be required to set up an account with the PSP (“PSP Account”), which may require any or all of the following: registration with the PSP, consent to the terms of service of the PSP, and completion of a vetting process and/or account validation at the request of the PSP. By accepting these Terms of Service, each Hand agrees that they have downloaded or printed, and reviewed and agreed to, an independent contractor agreement with the PSP, terms of service with the PSP, direct deposit agreement with the PSP and any tax forms required by the PSP (collectively, the“PSP Services Agreement”). Please note that Spare Hand 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 Spare Hand has no obligations, responsibility or liability to any Hand or other party under the PSP Services Agreement.
Spare Hand and/or the PSP may validate an account before activation and prior to each booking to help prevent fraud and safeguard User information from the risk of unauthorized access. As part of the validation process, temporary charges may be placed on the account associated with the User and then refunded within one to five business days.This temporary charge may vary depending on the estimated value of the Job.
When Customer receives confirmation through the Platform or via email that a Job has been completed, such Invoice(s) shall be processed (and Customer’s payment method charged, with Customer authorizing the PSP to process such Invoice(s) and corresponding payment) upon the earlier of approval of such Invoice(s) by Customer or automatically if Customer fails to object to such Invoice(s) within five days of confirmation of completion of the Job, which failure to object during such period shall be deemed to be approval by Customer of such Invoice(s). Customers may be billed a one-hour cancellation charge as damages at the Hand’s hourly rate through the PSP if you book a Job and cancel it less than 24 hours before the scheduled time for performance. Job Payments will not be available for withdrawal by a Hand until processed by the PSP and after a minimum waiting period of three days after payment of same by Customer.
Users of the Platform may be liable for any taxes or similar charges required to be collected and/or paid on the Jobs and/or fees provided under the Agreement. In certain jurisdictions, applicable rules may require that we collect or report tax and/or revenue information about you. You agree that Spare Hand may issue on your behalf receipts or similar documentation to facilitate accurate tax reporting.
Spare Hand reserves the right (but shall not have any obligation to exercise such right) upon request from Customer or Hand, or upon notice of any potential fraud, unauthorized charges or other misuse of the Platform, to place on hold any Job Payment, or refund or provide credits, or arrange for the PSP to do so. In addition, Spare Hand may charge fees for fraud, misconduct, late payments, other violations of the Agreement and/or fees disclosed directly in the Platform, as determined in our sole discretion
You agree to pay all applicable fees or charges based on the fee and billing terms then in effect, regardless of whether you have an active account. Charges will be made to the payment method designated at the time you accrue a fee. If you do not pay on time or if Spare Hand cannot charge a payment method for any reason, Spare Hand reserves all rights permissible under law to recover payment plus all costs and expenses incurred, including reasonable attorneys’ fees, in our pursuit of payment. If any fee is not paid in a timely manner, or we are unable to process your transaction using the payment method provided, we reserve the right to terminate or suspend your Account.
You explicitly agree that all communication in relation to delinquent accounts or fees due will be made by electronic mail or by phone. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your contact information current, including but not limited to your email address and phone number. Such communication may be made by Spare Hand or by anyone on our behalf, including but not limited to a third-party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on your Account, you agree that Spare Hand may charge such unpaid fees to any payment method or otherwise bill you for such unpaid fees.
Spare Hand may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of Spare Hand, and can be implemented, modified, or removed at any time by Spare Hand without advance notification. The liability of Spare Hand and Affiliates, as well as any of Spare Hand’s corporate partners pursuant to such promotional opportunities and contests, shall be subject to the limitations set forth in Section 17 of these Terms of Service.
Spare Hand promotional codes (“Promo Codes”) are an offer by Spare Hand to reduce the amount a Customer has to pay in relation to a Job Payment or service charge. Promo Codes will not affect the amount of the Job Payment a Hand 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 Spare Hand or the Hand or Customer, or constitute wages, fees or other amounts paid to the Hand. 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 per User, regardless of the email address used during registration. Spare Hand 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.
The Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, 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 Platform, you should not share your personal contact information with other Users.
Without limitation, the Platform may not be used for any of the following purposes:
While using the Platform, you may not:
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. Spare Hand will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Spare Hand’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.
We may, in our discretion, with or without cause, with or without prior notice and at any time, limit, block, suspend, deactivate or cancel your Account in whole or in part, and any or all of the following can occur with or without prior notice or explanation to you: (A) your Account may be deactivated or suspended, your password may be disabled, and you may not be able to access the Platform or your User Generated Content, or receive assistance from Spare Hand support teams; (B) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, canceled, or otherwise penalized in any way, and why this action has been taken; and (C) you will not be entitled to any compensation for Platform services or Jobs canceled or delayed as a result of Account termination. Typically, Spare Hand would suspend your right to use the Platform pending its investigation of a potential breach by you of this Agreement or deactivate your account or limit your use of the Platform upon its determination that you breached a provision of this Agreement (a “User Breach”), if you fail to maintain a Platform rating of four stars and above and/or, with respect to Hands, if during any 30-day period or calendar month you cancel three or more Jobs less than 24 hours before such Jobs, respectively, were to start.Spare Hand will provide you with written notice of its determination as required by law, unless we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety.If you wish to appeal this determination, please contact support@sparehandstudents.com. within 14 days of receipt of such notice with the grounds for your appeal.
If Spare Hand suspends or deactivates your account or limits your use of the 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 Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. Spare Hand reserves the right to take appropriate legal action pursuant to the Agreement.
Spare Hand reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Platform at its sole discretion. Spare Hand will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Spare Hand shall not be liable to you for any modification or discontinuance of all or any portion of the Platform. Spare Hand has the right to restrict anyone from completing registration as a Hand if such person may threaten the safety and integrity of the Platform, or if such restriction is necessary to address any other reasonable business concern.
You may terminate your use of the Platform and/or your Account at any time by ceasing all use of the Platform and deactivating your Account.
Users may in some instances access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account (“Account”). You may be able to register for an Account using certain third-party account and log-in credentials (your “Third-Party Site Password”), such as your Facebook or Google credentials. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Spare Hand password, login-in, account number and, if applicable, your Third-Party Site Password. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. Spare Hand 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 Spare Hand immediately.
You acknowledge that telephone calls to or from Spare Hand, 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 Spare Hand, its 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 Spare Hand before the change goes into effect by emailing support@sparehandstudents.com. If the change regards ownership of your telephone numbers, you may notify Spare Hand by texting STOP to any text message sent to the retiring phone number.
“User Generated Content” means any information and materials you provide to Spare Hand, its agents, Affiliates, and corporate partners, or other Users in connection with your registration for and use of the Platform and participation in Spare Hand 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 Spare Hand is not involved in the creation, 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 Spare Hand 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 Spare Hand 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 and state where the Job 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, libelous, 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, cancel bots 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 Spare Hand or otherwise purport to act as a representative or agent of Spare Hand; and (I) will not create liability for Spare Hand or cause Spare Hand to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.
The Platform hosts User Generated Content relating to reviews and ratings of specific Hands (“Feedback”). Feedback is such User’s opinion and not the opinion of Spare Hand, and has not been verified or approved by Spare Hand. You agree that Spare Hand is not responsible or liable for any Feedback or other User Generated Content. Spare Hand encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Spare Hand 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 the support team at support@sparehandstudents.com. Each Customer should undertake their own research prior to booking to be satisfied that a specific Hand has the right qualifications for a Job.
Spare Hand respects the personal and other rights of others, and expects Users to do the same. Spare Hand is entitled to identify a User to other Users or 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 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 Spare Hand. 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 Spare Hand by email at support@sparehandstudents.com.
The Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Spare Hand or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Spare Hand 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 Spare Hand 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 Spare Hand 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 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 policy for that website. You access such third-party websites at your own risk. Spare Hand 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 Platform. You hereby agree to hold Spare Hand harmless from any liability that may result from the use of links that may appear on the Platform.
Spare Hand operates as an online marketplace that connects Customers with service providers (Hands) who wish to perform a variety of Jobs. Spare Hand does not perform Jobs and does not employ people to perform Jobs. Hands operate as independent contractors and are customarily engaged in an independently established business of the same nature as that involved in the services performed for Customers through the Platform. Spare Hand does not control or direct the Hands’ performance of their services or set their work locations, work hours, or terms of work. Hands provide services under their own name, and not under Spare Hand’s name. Hands provide their own tools and supplies to perform their services; Spare Hand does not provide the tools or supplies. Hands are free to maintain a Customerele without any restrictions from Spare Hand and are free to offer and provide their services elsewhere, including through competing platforms. Hands are free to accept or reject Customers and contracts. Hands are not penalized for rejecting Customers or contracts, though if Hands accept a Customer or contract through the Platform, they are expected to fulfill their contractual obligations to their Customer. Hands set their own rates for services performed in the Spare Hand general marketplace, without deduction by Spare Hand.
The Platform is not an employment agency service or business and Spare Hand is not an employer of any User. Hands acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Jobs and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
Spare Hand is an online marketplace that allows Customers and Hands to connect with each other. Hands decide what Jobs they are qualified and able to perform and determine the scope of the Job directly with their Customer. Spare Hand does not oversee, monitor, or direct how a Hand performs a Job, does not monitor Jobs or chat threads between Users, and does not otherwise assume responsibility for the actions of Users. Customers are advised to confirm with their Hand that s/he is qualified to perform the Job before the Job taking place. Spare Hand is not liable for the acts or omissions of Users, nor does Spare Hand provide insurance against any losses sustained by Users. At the same time, Spare Hand wants Users to be satisfied with their use of the Platform, and the terms of this provision are meant to help achieve that end.
With respect to a dispute or claim between a Customer and a Hand related to a Job (each a “Job Dispute”), such Customer shall (a) mark the status of such Job Completed and contact us by email at support@sparehandstudents.com with an inquiry type Dispute, Raise a Dispute or a variation thereof and selecting the specific job from the list, and (b) use commercially reasonable efforts to submit such Job Dispute as provided in the precedent clause (a) within 14 days from the earlier of the date such Job was performed or to be performed and/or marked Completed. The Customer and the Hand shall provide additional information to Spare Hand upon its request. If Spare Hand determines in its sole discretion after its review that a Job Dispute between the Hand and the Customer has merit (each an “Eligible Job Dispute”), then (i) Spare Hand may change the status of the applicable Job from Completed to Disputed for the Hand and the Customer and, upon such change in status to Disputed and to the extent Spare Hand determines in its sole discretion that a refund is appropriate, (ii) Spare Hand shall request that the PSP issue a refund to the Customer. If Spare Hand determines in its sole discretion that the Dispute is not an Eligible Job Dispute, Spare Hand shall endeavor to inform the Customer and the Hand of such determination.
In addition, and subject to the limitations, exclusions, and conditions of these Terms of Service, including a maximum refund equal to $500, if (1) a Hand materially fails to perform a Job as required under the Service Agreement for such Job, (2) the applicable Customer notifies via the Platform the Hand of such failure within 24 hours after such Job is marked Completed by such Hand and such failure is not corrected by such Hand within 48 hours after such Hand’s receipt of such notice, and (3) within 72 hours after such Job is marked Completed, such Customer emails Spare Hand at support@sparehandstudents.com. notice of such material failure (and details regarding same) to perform the Job, then Spare Hand, in its sole discretion, agrees to pay the Consumer the lesser of: (i) the total amount paid to the Hand by the Customer with respect to such Job; or (ii) the amount reasonably required to remedy such failure under the Services Agreement.
With respect to any Job Dispute or claim for a refund, you must provide detailed information about the Hand’s failure to perform, including photos and documentation of your attempts to resolve the issue with the Hand. Spare Hand will review your claim and determine if you are eligible for a refund. If Spare Hand determines it will issue you a refund, they will typically do so within 30 days.
In addition, to be eligible for a refund under this provision, Customers must comply with the following terms and conditions:
This commitment of Spare Hand is not insurance, and no User, Customer, Hand or third-party is an insured or third-party beneficiary under these terms or any insurance policy. To the extent any such parties want insurance or protection beyond the scope of the foregoing Spare Hand commitment, they must purchase insurance that will provide sufficient coverage.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including Spare Hand designs, trademarks, and logos (collectively “Proprietary Material”) that Users see or read through the Platform is owned by Spare Hand, excluding User Generated Content, which Users hereby grant Spare Hand 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. Spare Hand 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 Platform without Spare Hand’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 Spare Hand, including without limitation Spare Hand, Spare Hand for Good, and associated logos, are service marks owned by Spare Hand. Any other trademarks, service marks, logos and/or trade names appearing via the Platform are the property of their respective owners. Spare Hand’s proprietary marks and logos are not available for use by Hands. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
Spare Hand 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 Platform infringe upon your copyright or other intellectual property right, please send the following information to Spare Hand’s Copyright Agent at support@sparehandstudents.com:
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Spare Hand and agree that you will not, for the lifetime of your account on Spare Hand 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 Platform in accordance with these Terms of Service. 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 Spare Hand 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 Spare Hand promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.
“Confidential Information” means any and all of Spare Hand’s trade secrets, confidential and proprietary information, and all other information and data of Spare Hand 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 Spare Hand or Spare Hand’s business, operations or properties, including information about Spare Hand’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
THE TECHNOLOGY OF THE 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. SPARE HAND MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE 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 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.
Spare Hand does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the Platform or any hyperlinked website or featured in any banner or other advertising, and Spare Hand will not be a party to or in any way be responsible for 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, Spare Hand and Affiliates do not warrant that access to the Platform will be uninterrupted or that the Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Job, service, information or materials provided through or in connection with the use of the Platform. Spare Hand and Affiliates are not responsible for the conduct, whether online or offline, of any User. Spare Hand and Affiliates do not warrant that the 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. Spare Hand 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 anyfeatureor service that a Customer may use to expedite Hand selection, each Customer is responsible for determining the Joband selecting or otherwise approving their Handand Spare Hand does not warrant any goods or services purchased by a Customer and does not recommend any particular Hand. Spare Hand does not provide any warranties or guarantees regarding any Hand’s ability, professional accreditation, registration or licensure.
You acknowledge and agree that Spare Hand is only willing to provide the Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Spare Hand and Affiliates, or their 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 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 Spare Hand and Affiliates, and any destruction of your User Generated Content.
UNDER NO CIRCUMSTANCES WILL SPARE HAND AND AFFILIATES OR THEIR PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE SPARE HAND AND AFFILIATES AND THEIR 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 SPARE HAND, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM OR THE SERVICES RELATED TO ANY JOB, 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.
SPARE HAND AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS PLATFORM. SPARE HAND AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT SPARE HAND 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 SPARE HAND (IF YOU ARE A CUSTOMER) OR TOTAL JOB PAYMENTS PAID TO YOU BY CUSTOMERS (IF YOU ARE A HAND), DURING THE SIX MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You hereby agree to indemnify, defend, and hold harmless Spare Hand and Affiliates from and against any and all Liabilities incurred in connection with (A) your use or inability to use, or your participation on, the Platform; (B) your participation in Jobs, or your ability or inability to perform or obtain the performance of Jobs or to receive payment therefore; (C) your breach or violation of this Agreement; (D) your violation of any law, or the rights of any User or third party; (E) your failure to abide by your representations and warranties in Section 2; (F) any content submitted by you or using your account to the 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 (G) if you are a Customer, the acts or omissions of any Customer’s Agents. Spare Hand reserves the right, in its own sole discretion, to assume the exclusive defense and control 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 Spare Hand.
To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the Platform, your relationship with Spare Hand, Jobs, or this Agreement (including previous versions) (each, a “Dispute”), you and Spare Hand agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any out of court settlement (such as mediation or arbitration) or court proceeding(except as may be set forth in Section 28). 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 Spare Hand. Spare Hand’s address for such notice isAttention: Legal Spare Hand Students™ LLC, 1716 Briarcrest Dr, 3rd Floor Bryan, TX 77802.
PLEASE NOTE: FOR MORE INFORMATION ABOUT DISPUTE RESOLUTION TERMS, PLEASE REVIEW THE JURISDICTION-SPECIFIC SECTION APPLICABLE TO YOU BELOW. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER.
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 (A) the Agreement is entered into between you and Spare Hand only, and Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (B) Spare Hand, 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 StoreTerms 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.
If the App Store-Sourced Application fails 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 Spare Hand 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 Spare Hand, subject at all times to warranty limitations and exclusions set forth in this Agreement.
You and Spare Hand acknowledge that, as between Spare Hand 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 Spare Hand 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 Spare Hand and Apple, Spare Hand (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 Spare Hand 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.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Failure by Spare Hand 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 Spare Hand with respect to its subject matter, and supersedes and governs any and all prior agreements or communications except as otherwise specified in the Arbitration Agreement in Section 28. However, this Agreement does not supersede other agreements about other subject matter that you may have with Spare Hand. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Agreement Prohibiting Class Actions and Non-Individualized Relief” provision in Section 28 below, if any provision is found to be partially or wholly invalid, illegal or unenforceable, (A) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (B) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. 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 (1) Spare Hand 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, (2) the assignee entity shall replace Spare Hand 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 22 shall be null and void. This Agreement will inure to the benefit of Spare Hand, its successors and assigns. 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 Platform.
Hands alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Jobs. Indeed, certain types of Jobs and services may be prohibited altogether, and it is the responsibility of Hands to avoid such prohibited Jobs and services. Penalties may include fines or other law enforcement. If you have questions about how national, state, provincial, territorial and/or local laws apply to your Jobs and services on the Platform, you should first seek appropriate legal guidance.
Because Spare Hand does not supervise, scope, direct, control, or monitor a Hand’s work or performance of Jobs, Customers must determine for themselves whether a Hand has the skills and qualifications necessary to perform the specific Job at hand. Customers may wish to consult their national, state, provincial, territorial and/or local requirements to determine whether certain Jobs are required to be performed by a licensed or otherwise registered professional. Customers may also wish to discuss with their Hand any specific hazards, obstacles, or impediments in the Job location (both visible and concealed) that may impact the performance of the Job.
Spare Hand reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Platform or any content or information through the Platform at any time, effective with or without prior notice and without any liability to Spare Hand. Spare Hand may also impose limits on certain features or restrict your access to part or all of the Platform without notice or liability.
Spare Hand will endeavor to notify you of material changes to this Agreement by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the Platform. Your continued use of the Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction.
The provisions of this Agreement are for the sole benefit of the Parties and their permitted successors and 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 20) 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.
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 Platform, please contact us by email at support@sparehandstudents.com.
By using the Platform, you agree to transact electronically through the Platform. You also agree to the following: (A) your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity and enforceability as a paper-based signature; (B) 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; and (C) 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.
To the extent that there are any discrepancies or inconsistencies between the Terms of Service and the following jurisdiction-specific provisions, the jurisdiction-specific provisions shall prevail, govern and control for Users in those jurisdictions.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND SPARE HAND CAN BRING CLAIMS COVERED BY THIS ARBITRATION AGREEMENT. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND SPARE HAND TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
BY ENTERING INTO THIS AGREEMENT, 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.
IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND SPARE HAND MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.
This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”) and survives the termination of this Agreement and your relationship with Spare Hand.
To the fullest extent permitted by applicable law, you and Spare Hand agree to arbitrate any and all disputes and claims (collectively, “Claim” or “Claims”) relating to, arising from or regarding your use of the Platform, your relationship with Spare Hand, Jobs, or this Agreement (including previous versions), including Claims by Spare Hand, Claims against Spare Hand and Claims against Spare Hand’s Affiliates (including its parent company).
To the fullest extent permitted by applicable law, this includes, but is not limited to, claims related to payments, any city, county, state or federal wage and hour law, compensation, meal or rest breaks, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, personal injury, property damage or loss, emotional distress, any promotions or offers made by Spare Hand; breach of any express or implied contract or breach of any express or implied covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; claims arising under the Fair Labor Standards Act, Civil Rights Act, Uniform Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Spare Hand and covered by the Employee Retirement Income Security Act or funded by insurance), and state or local statutes, if any, addressing the same or similar subject matters; and all other federal, state or local statutory and common law claims.
If there is a dispute about the arbitrability of any claim (including about the formation, scope, applicability, interpretation, validity, and enforceability of this Arbitration Agreement), you and Spare Hand agree that this threshold dispute shall be resolved by the arbitrator, except as expressly provided below.
YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND SPARE HAND ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL DISPUTES AND CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES THAT, BY THE TERMS OF THIS ARBITRATION AGREEMENT, ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.
Except as otherwise required under applicable law, you and Spare Hand agree that any arbitration will be limited to the Claim between Spare Hand (and/or, if applicable, its Affiliates) and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND SPARE HAND ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“Class Action Waiver”). Further, unless both you and Spare Hand otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the Arbitration Rules (as defined below), disputes regarding the scope, applicability, enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the Claim is filed as a class, collective, or representative action and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining Claims and may remain in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the Arbitration Rules, to the fullest extent allowed by law: (1) you and Spare Hand agree not to bring a representative action on behalf of others under any private attorney general basis (including under the California Private Attorneys General Act (“PAGA”), California Labor Code § 2698 et seq.) in any court or in arbitration, and (2) for any claim brought on a private attorney general basis both you and Spare Hand agree that any such Claim shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “Representative PAGA Waiver”).
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the Arbitration Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (a) the unenforceable provision shall be severed from this Agreement; (b) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (c) any such representative PAGA or other representative private attorneys general act Claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the parties agree that court litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
A claim must be filed with the American Arbitration Association (“AAA”) and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party to initiate arbitration. The arbitration will be commenced and conducted under the AAA rules in effect at the time the arbitration is initiated and modified by the terms set forth in this Agreement (the “Arbitration Rules”), and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of Arbitration Rules. You and Spare Hand agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within 30 days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.
As part of the arbitration, the parties will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim(s). The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision, which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all Claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Your arbitration fees and your share of arbitrator compensation will be governed by the Arbitration Rules (and, where appropriate, limited by the AAA Consumer Rules) subject to the following modifications:
Unless you and Spare Hand agree otherwise, any arbitration hearings with a Hand will take place in the county of the Hand’s billing address, and any arbitration hearings with a Customer will take place in the county in which the Customer received Job services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. For individuals residing outside the United States, arbitration will be initiated in the state of Texas, United States. You and Spare Hand further agree to submit to the personal jurisdiction of any federal or state court in Dallas County, Texas to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The Arbitration Agreement shall not require arbitration of the following types of claims:
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or a similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. This Agreement and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement and do not prevent you from receiving an award for information provided to any government agencies.
In addition to the other severability provisions in this Section, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
For Hands, you may opt out of the requirement to arbitrate if you have not previously agreed to an arbitration provision in Spare Hand’s Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this version of the arbitration agreement in the manner specified below, but opting out of this arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with Spare Hand.
Except as specified in this arbitration agreement, if you are a Hand, you may opt out of the Arbitration Agreement by notifying Spare Hand in writing within30 days of your agreement to these Terms of Service. To opt out, you must send a signed written notification to Spare Hand Students™ LLC, 1716 Briarcrest Dr, 3rd Floor Bryan, TX 77802. Attention: Legal, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you wish to opt out of the Arbitration Agreement.
If you are a member of a putative class in a wage and hour class action lawsuit against Spare Hand that is pending as of the effective date of these Terms of Service (a “Pending Class Action”), then this Arbitration Agreement shall not apply to your claims in that particular class action. Instead, your claims in that Pending Class Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.
You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive calls or text messages (which may include prerecorded voice messages, and/or autodialed calls) from Spare Hand and Affiliates, or from independent contractors (including Hands) related to promotions, your account, registration, onboarding, upcoming or scheduled Jobs, changes and updates, service outages, follow ups to any push notifications delivered through our mobile application, any transaction with Spare Hand, and/or your relationship with Spare Hand. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that Spare Hand may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from Spare Hand and Affiliates, or from independent contractors (including Hands) even if you cancel your account or terminate your relationship with Spare Hand, except if you opt-out. You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. Message frequency varies. Carriers are not liable for delayed or undelivered messages. To opt-out, please see the Opt-Out Instructions below.
Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, text STOP to any text message you receive or email to support@sparehandstudents.com and specify that you want to opt out of text messages. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out. To opt-out of automated voice calls (not text messages), you must provide Spare Hand with written notice to support@sparehandstudents.com revoking your consent to receiving automated calls; in that written notice, you must include your full name, mailing address, account number, and the specific phone number(s) for which you wish to stop automated calls. It is your sole responsibility to notify Spare Hand if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to 30 days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you.
There is no fee to receive automated telephone calls or text messages from Spare Hand, our agents, affiliates, and independent contractors (including Hands). However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that Spare Hand and its agents, affiliates, and independent contractors (including Hands) are not responsible for such charges.
You must notify Spare Hand immediately of any breach of security or unauthorized use of your telephone device. Although Spare Hand and Affiliates, and independent contractors (including Hands) will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.
You agree to indemnify Spare Hand and Affiliates, and independent contractors (including Hands) for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify Spare Hand of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold Spare Hand and Affiliates harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). Spare Hand shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section 28A will survive termination of these Terms of Service.
Spare Hand does not employ Hands. Spare Hand is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to unemployment or employment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with a User’s use of the Platform. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
To the extent permitted by law, you hereby grant Spare Hand 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 (I) your User Generated Content and (II) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects you provide to Spare Hand (collectively, “Media”) in exchange for use of the Platform, in any media now known or not currently known in order to market, operate, and improve upon the Platform, including but not limited to the right to the following:
Further, you hereby waive any and all moral rights in connection with the Media (to the extent allowable by law in the country where the Job is performed). 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 Spare Hand shall not owe any financial or other remuneration for using the User Generated Content,Media, Physical Likeness, or Voiceprovided hereunder by such User, either for initial or subsequent transmission or playback.
Each User hereby waives all rights and releases Spare Hand 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, User Generated Content, Physical Likeness, Media, or Voice in connection with the Platform.
If a Hand, you agree to promptly disclose to Spare Hand in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses) that arise during your use of the Platform.
Payments required by these Terms of Service may be stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”). Certain jurisdictions, however, may require us to collect Taxes from you in connection with the purchase of, payment for, access to, facilitation of or use of the Services, and you will be responsible for and bear Taxes associated with the purchase of, payment for, access to, or use of the Services. Charges are inclusive of applicable Taxes where required by law. In jurisdictions where Spare Hand facilitates the collection and/or remittance of sales tax on behalf of Hands, you instruct and authorize Spare Hand to collect taxes on your behalf, and/or to remit such Taxes to the relevant tax authority.You acknowledge and agree that we retain the right to cease the collection and remittance of sales taxes in a particular jurisdiction as permitted by law. You should consult with your own tax advisor to ensure your compliance with all applicable tax reporting requirements.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
If you are not a California resident, you waive your rights under any statute, regulation, or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
Further, in consideration of the services provided by Spare Hand, you hereby release Spare Hand from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).
Spare Hand 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.
Except as expressly provided otherwise, this Agreement and your use of the Platform will be governed by, and will be construed under, the laws of the State of Texas, without regard to choice of law principles. This choice of law provision is only intended to specify the use of Texas law to interpret this Agreement and is not intended to create any substantive right to non-Texans to assert claims under Texas law whether by statute, common law, or otherwise.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY, AND AGREE THAT MY USE OF THE PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
