Terms and Conditions – Pick The Broom

Terms of Use

These Terms of Use, together with the privacy policy available at www.pickthebroom.co.za/privacy (“Privacy Policy”) and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the “Agreement”.

This Agreement constitutes a legal agreement between you (“you” or “User”) and Pick The Broom App, Pick The Broom website (“Pick The Broom” or “us”). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at www.pickthebroom.co.za, as it may be modified, relocated and/or redirected from time to time (the “Site”), and the mobile applications offered by us (the “Apps”). Our services, platform, Site and Apps are collectively referred to as the “Pick The Broom Platform”.

By using or registering with the Pick The Broom Platform 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 be bound by this Agreement, you will not have any right to use the Pick The Broom Platform. Pick The Broom’s 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 Pick The Broom Platform, 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 the Pick The Broom Platform is provided “as is” and without warranty (Section 15).
Your agreement that the Pick The Broom Platform 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 Pick The Broom has no liability for any Professional Services or any acts or omissions of third parties (Sections 1 and 15), with the exception of Pick re-clean guarantee (Section 3(d)).
Your agreement that Pick The Broom’s Re-clean Guarantee is limited to Payments paid by Requesters through the Pick The Broom Platform (Section 3(d)).
Your agreement to release Pick the Broom from liability based on claims relating to Services and otherwise (Section 15) and your agreement to the limitation of time within which a claim can be brought (Section 20).
Your agreement to indemnify Pick The Broom from claims due to your use, misuse or inability to use the Pick The Broom Platform, 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 Pick The Broom Platform (Section 16).
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 17).
Your agreement that no claims can be adjudicated on a class basis (Section 17).
Your consent to any modifications or amendments to this Agreement (Section 21).
Your consent to the collection, use, sharing and transfer of your data as outlined in the Privacy Policy as updated from time to time.
Your agreement to not independently hire any Pick The Broom Services cleaning professional unless you pay a one-time referral fee of R1,000. This amount is due in full immediately upon personal employment of the cleaners, regardless of whether you use them for a recurring or one-time service.

The Pick The Broom Platform is Solely a Venue for Communications; Background Checks.
The Pick the Broom Platform is Solely a Venue for Communications. The Pick The Broom Platform is a communications platform for enabling the connection between individuals seeking to obtain services (“Requesters”) and/or individuals seeking to provide services (“Professionals”). Requesters and Professionals together are referred to as “Users”. Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as “Professional Services”. The provision of all Professional Services is up to the Professionals, which may be scheduled through use of the Pick The Broom Platform.
Background Checks. Pick the Broom checks the backgrounds of Professionals via third party background check services. However, each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. BY USING THE PICK THE BROOM PLATFORM, THE REQUESTER AGREES TO HOLD Pick The Broom FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. PICK THE BROOM IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.

Personal Information; User Accounts.

Collection of your Personal Information. Some of the materials available on the Pick the Broom Platform may require prior registration to access. If you decide to access such materials you will be required to register. We may refuse to grant you, and you may not use, a user name, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. When you complete a registration with us, you will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information supplied hereunder will be subject to the terms of the Privacy Policy.
Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Pick the Broom Platform. You are solely and fully responsible for all activities that occur under your password or account, except that, Pick the may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. Pick the Broom has no control over the use of any User’s account by the User or third parties 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 must contact us immediately at www.pickthebroom.co.za/help. Nothing in this section shall affect Pick the Broom ‘s rights to limit or terminate the use of the Pick the Broom Platform, as provided below in section 4(b).
Proof of Identity. You will provide us with such proof of identity as we may reasonably request from time to time.
Text Messages and Phone Calls. By providing your phone number and using the Pick the Broom Platform, we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Professional Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages from us by replying with the word “STOP” to a text message from us. You acknowledge that opting out of text (SMS) messages may impact your ability to use the Pick the Broom Platform.
Emails. Pick the Broom may send you confirmation and other transactional emails regarding the Professional Services. Pick the Broom may also send you emails about services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.

Payments; Money Back Guarantee; Claims.

Payments. Users of the Pick the Broom Platform contract for Professional Services directly with other Users. Pick the Broom is not a party to any contracts for Professional Services. The Pick the Broom Platform facilitates these contracts by supplying a medium through which Requesters can connect with Professionals, schedule Professional Services, and make payments for Professional Services (“Payments”). Requesters are obligated to pay in advance for the Professional Services they order through the Pick the Broom Platform. We will charge the Requester’s credit card according to the amount the Requester has agreed to on the Pick the Broom Platform with respect to all Professional Services, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Professional Service, and the Requester hereby authorizes us to charge the credit card on file in the Requester’s Pick the Broom Platform account for such amounts. We will use third party services to process credit card information. We retain the right, in our sole discretion, to place a hold on the Requester’s credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying Pick the Broom. Requesters must notify Pick the Broom either by changing the date or hours of the requested Professional Service through the Pick the Broom Platform or by visiting the Pick the Broom FAQ. All Payments by Requesters must be made through the Pick the Broom Platform. No refunds or credits will be provided once the Requester’s credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result there from.
Job Rate. The rate per hour for a Professional Service (“Job Rate”) depends on factors, such as location and how frequently a Recurrent Service is ordered. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently
Recurrent Service. When requesting a Professional Service, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, Pick the Broom will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Requester’s credit card will be charged for the Recurrent Service as the Professional Service appointments occur and for any applicable cancellation fees. Pick the Broom cannot guarantee that the same Professional will be scheduled for each Recurrent Service appointment or that Recurrent Service appointments will not be cancelled.
Re-clean Guarantee. If the Requester ordered and paid for a Professional Service through the Pick the Broom Platform and the Professional Service has already been performed, and if the Requester is not satisfied with that Professional Service, then the Requester is eligible for our Re-clean guarantee, provided that the Requester reports the issue within seventy-two (24) hours of the Professional Service appointment to our customer service telephone number by visiting the Pick the Broom FAQ. The Re-clean Guarantee is as follows: We will have the applicable Professional Service re-performed.

Term and Termination; Cancellation of Professional Services; Survival.

Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
Termination by Pick the Broom. We may terminate this Agreement or terminate or suspend your right to use the Pick the Broom Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Pick the Broom Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, “Prohibited Conduct”)) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Pick the Broom Platform due to any Prohibited Conduct, we will refund in full any payments for Pick The Broom services or Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your 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. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Pick the Broom may delete the account and all the information in it. You have no ownership rights to your account.
Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Pick The Broom Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the Pick the Broom Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by Pick the Broom.
Policy for Service Cancellation by Requester. Pick the Broom ‘s cancellation policy for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the Pick the Broom Platform at any time, subject to the following. If a Requester cancels more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee. If a Requester cancels between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a 50% cancellation fee. If the Requester cancels during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be cancelled through the Pick the Broom Platform or through our website at www.pickthebroom.co.za.com./faq.
Policy for Service Cancellation by Professional. When a Professional cancels a scheduled Professional Service appointment, the Pick The Broom Platform generally notifies the Requester and gives the Requester an opportunity to select a different Professional.
Survival. All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8, 10 and 14-22, shall so survive.

Links to and Plug-Ins from Other Web Sites or Media.

Links (such as hyperlinks) from the Pick the Broom Platform to and plug-ins from sites or applications owned, operated or controlled by third parties (collectively, “Third Party Sites”) do not constitute the endorsement by Pick The Broom of the Third Party Sites or their content. Such links and plug-ins are provided as an information service, for reference and convenience only. Pick the Broom does not control any Third Party Sites, and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from Third Party Sites. The use of any Third Party Site is governed by the terms and conditions of use and privacy policy of that Third Party Site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. PICK THE BROOM EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD PICK THE BROOM HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.

Community Areas.

The Pick the Broom Platform may contain blogs, message boards, applications, reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users (collectively, “Community Areas”). All submissions made to Community Areas within the Pick the Broom Platform will be public, and we will not be responsible for any information or materials posted in Community Areas. You may only use such Community Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. “Your Information” is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Pick the Broom Platform, including without limitation, information and materials that are posted or transmitted for use in Community Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the Pick the Broom Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Community Areas from or through your account on the Pick the Broom Platform, including but not limited to all images, videos, musical works and text included in such postings. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Pick the Broom Platform. We reserve the right to remove postings from Community Areas in our sole discretion.

Rules for Use of the Pick the Broom Platform.

During the term of this Agreement, Requesters may use the Pick the Broom Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Pick the Broom Platform to book Professional Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use the Pick the Broom Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Professional Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. Requesters agree to communicate any complaints to us and not to the Professionals. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time, e.g. due to illness, vacation or leaving Pick The Broom. Professionals agree to provide Professional Services in accordance with all applicable laws and regulations and with the Service Agreement. You shall NOT use the Pick The Broom Platform (including but not limited to any Community Areas) to do any of the following:

Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
Use the Pick the Broom Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, national, or international law.
Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Pick the Broom Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Professional Services facilitated through the Pick the Broom Platform without express written permission from us.
Use the Pick the Broom Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
Post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly prohibited.
Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Pick the Broom Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
Restrict or inhibit any other User from using and enjoying the Pick the Broom Platform.
Imply or state that any statements you make are endorsed by us, without our prior written consent.
Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Pick the Broom Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Pick the Broom Platform in any manner, or attempt to do any of the foregoing.
Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
Upload content 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 are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
Register to use the Pick The Broom Platform under different usernames or identities, after your account has been suspended or terminated.
⦁ Mirror or archive any part of the Pick the Platform or any content or material contained on the Pick The Broom Platform without Pick The Broom’s written permission.

No Employment.

Pick the Broom provides a software platform which allows you to connect with independent Professionals. Pick The Broom is not the employer of any Professional. You acknowledge that we do not supervise, direct, or control a Professional’s work or Professional Services performed in any manner. A Professional provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of Pick The Broom for any purpose whatsoever.

Special Promotions; Gift Cards and Vouchers.

Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
Referral Credits. In the event that you are given a code through which you may refer a friend to the Pick the Broom Platform in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at pickthebroom.co.za/faq.
Gift Cards and Vouchers. Pick the Broom gift cards (“Gift Cards”) and vouchers or promotional codes for special offers or discounts (“Vouchers”) (individually, “Card”, or together, “Cards”) may be available and can be used to pay in part or in full for Professional Services. Card must be presented at the time of purchase and available balance will be applied to your purchase. Card does not expire and there are no fees associated with use of Card.
You agree that you will only use one Voucher per person. You agree that you will comply with all Voucher and Gift Card terms. Cards cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons. Cards cannot be used for previous purchases, credits, or the purchase of gift cards, and cannot be used to make a payment towards third party items the balance on a credit card. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. No credit card, credit line, overdraft protection, or deposit account is associated with your Card. If a Card holder’s purchase exceeds the amount of that Gift Card’s or Voucher’s balance, the Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. Purchases of Cards are final and not refundable. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors. Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to this Card require additional or different terms or conditions, then such terms and conditions shall apply. For questions or additional information, contact us at pickthebroom.co.za/faq.
Unused Gift Cards. Gift Cards have no cash value and are not redeemable for cash.

Intellectual Property Rights.

The Pick the Broom Platform, and the information, data, content and materials, which it contains (“Pick The Broom Materials”), are the property of Pick The Broom and/or its affiliates and licensors, excluding User-generated content, which Pick The Broom has a right to use as described below. The Pick The Broom Materials are protected from unauthorized copying and dissemination by South Africa copyright law, trademark law, international conventions, and other intellectual property laws. Pick the Broom and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Pick the Broom Materials. Any use of Pick the Broom Materials, other than as expressly permitted herein, is prohibited without the prior permission of Pick the Broom and/or the relevant right holder. The service marks and trademarks of Pick the Broom, pickthebroom.co.za and the Pick the Broom logo are service marks owned by Pick the Broom. Any other trademarks, service marks, logos and/or trade names appearing on the Pick the Broom Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Pick the Broom Platform without the express prior written consent of the owner.

Copyright Complaints and Copyright Agent.

Pick the Broom respects the intellectual property of others, and expects Users to do the same. Pick the Broom will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Pick the Broom Platform infringe upon that person’s or entity’s copyright or other intellectual property right (such person or entity, a “Complainant”) and sends to Pick the Broom a properly submitted copyright notice as indicated below, Pick the Broom will investigate, and if it determines, in its discretion, that the material is infringing, Pick the Broom will remove the content and may terminate the access of the User who posted such content to the Pick the Broom Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:

Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included.
A statement specifically identifying the location of the infringing material, with enough detail that Pick The Broom may find it on the Pick The Broom Platform. Please note: it is not sufficient to merely provide a top level URL.
The complete name, address, telephone number and e-mail address of Complainant.
A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.

Pick The Broom’s contact information for notice of alleged copyright infringement is:

Email: legal@pickthebroom.com

The App / Mobile Devices

The Pick The Broom Platform may allow you to access our services, download our Apps, upload content to the Pick The Broom Platform, and receive messages on your mobile device (collectively “Mobile Features”). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.
You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device.
Pick The Broom is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. Pick The Broom reserves the right to terminate the use of the Apps or any other aspect of the Pick The Broom Platform should you be using the Apps or the Pick The Broom Platform with an incompatible or unauthorized device.

App Store Sourced Application.

With respect to Apps accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Wipo reserves all rights in and to the Apps not expressly granted to you under this Agreement.
You acknowledge and agree that (i) this Agreement is valid between you and Pick The Broom only, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Pick The Broom, not Apple, is solely responsible for the App Store Sourced Application and the Pick The Broom Platform Content.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.
To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.
Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and Pick The Broom, Pick The Broom and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, 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.
Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claims.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement for App Store Sourced Applications, 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 for App Store Sourced Applications against you as a third-party beneficiary thereof.
Without limiting any provisions of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

Modifications to the Pick The Broom Platform.

We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Pick The Broom Platform or any content or information on the Pick The Broom Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Pick The Broom Platform.

Confidentiality.

The term “confidential information” shall mean any and all of Pick The broom’s trade secrets, confidential and proprietary information, personal information and all other information and data of Pick The Broom that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Pick The Broom platform contains secured components that are accessible only to those who have been granted a username and password by Pick The Broom. information contained within the secure components of the Pick The Broom platform is confidential and proprietary. you acknowledge that confidential information (as hereinafter defined) is a valuable, special and unique asset of Pick The Broom and agree that you will not use confidential information other than as necessary for you to make use of the Pick The Broom platform as expressly permitted by this agreement and only during the term of this agreement.

Disclaimer of warranties; limitation on liability.

Use of the Pick The Broom platform is entirely at your own risk. To the fullest extent permitted by applicable law, the Pick The Broom platform is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. without limiting the foregoing, neither Pick The Broom nor its affiliates or licensors warrant that the PickTthe Broom platform will be uninterrupted or error-free; nor do they make any warranty as to any content available in or through the Pick The Broom platform; nor do they make any warranty as to any professional’s registration, professional accreditation or license; nor do they make any warranty as to the results that may be obtained from the use of the Pick The Broom platform, or as to the timeliness, accuracy, reliability, quality, suitability, safety, completeness or content of the services, professional services, or any products, merchandise, content, information or materials provided through or in connection with the use of the Pick The Broom platform or this agreement. access to the Pick The Broom platform is provided free of charge as a courtesy. Neither Pick The Broom nor its affiliates or licensors are responsible for the conduct, whether online or offline, of any user of The Pick The Broom platform (including but not limited to the conduct of any requesters or professionals). Neither pick the broom nor its affiliates or licensors warrant that the Pick The Broom platform is free from viruses, worms, trojan horses, or other harmful components. Pick The Broom and its affiliates and licensors cannot and do not guarantee that any information, personal or otherwise, supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
No liability. You agree not to hold Pick The Broom, its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate partners, or participants (collectively, “members”) liable for any damages, expenses, losses, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to your use of or inability to use the pick the broom platform, including without limitation any liabilities arising in connection with the conduct, act or omission of any user (including without limitation stalking, harassment, acts of physical violence, and loss or destruction of personal property), services, any dispute with any user, any instruction, advice, act, or service provided by Pick The Broom or members, and any destruction of your information. under no circumstances will Pick The Broom or members be liable for any direct, indirect, incidental, consequential, special or exemplary damages arising in connection with your use of or inability to use the Pick The Broom platform or any services or merchandise, even if such parties were or should have been advised of the possibility of the same. Pick The Broom and members do not accept any liability with respect to the quality or fitness of any work performed in connection with the Pick The Broom platform, the professional services, the merchandise or this agreement. Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you. if, notwithstanding the foregoing exclusions, it is determined that Pick The Broom or members 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 Pick The Broom during the six (6) months prior to the time such claim arose. c. release. Pick The Broom and members expressly disclaim any liability that may arise between users of the PICK THE BROOM platform. the PICK THE BROOM platform is only a venue for connecting users. to the extent that the PICK THE BROOM platform connects a user to a third party provider for the purposes of providing merchandise here under, PICK THE BROOM will not be responsible for assessing the suitability, legality or ability of any third party providers and you expressly waive and release PICK THE BROOM from any and all liability, claims or damages arising from or in any way related to the third party service provider. because PICK THE BROOM is not involved in the actual contact between users or in the completion of any professional service, in the event that you have a dispute with one or more users, you release PICK THE BROOM and members from any and all claims, demands, or damages (actual, direct or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
Additional disclaimer. The quality of the professional services and/or the merchandise scheduled or requested through the use of the PICK THE BROOM platform is entirely the responsibility of the professional who ultimately provides such professional services to you and/or the third party merchandise provider. you understand, therefore, that by using the PICK THE BROOM platform, you may be exposed to professional services and/or merchandise that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the PICK THE BROOM platform, and such professional, at your own risk. Nothing in this agreement or the PICK THE BROOM platform constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional. by using the PICK THE BROOM platform, you agree that the exclusions and limitations of liability set out in this agreement are reasonable. if you do not believe they are reasonable, you must not use the PICK THE BROOM platform. you accept that, as a corporation, PICK THE BROOM has an interest in limiting the personal liability of its officers, directors and employees. you agree that you will not bring any claim personally against PICK THE BROOM’s officers, directors or employees in connection with any dispute, loss or damage. without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this agreement will protect the PICK THE BROOM’s officers, directors, employees, agents, licensors, parents, subsidiaries, affiliates, successors, assigns and sub-contractors as well as PICK THE BROOM. each party acknowledges that the other party has entered into this agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
Indemnification. You hereby agree to indemnify, defend, and hold harmless PICK THE BROOM, its licensors, and each such party’s directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the PICK THE BROOM platform, any merchandise and/or any professional service, (ii) your violation of this agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to professionals), and (v) your information and content that you submit or transmit through the PICK THE BROOM platform. PICK THE BROOM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. you will not, in any event, settle any such claim or matter without the prior written consent of PICK THE BROOM .

Mutual arbitration agreement.

Informal negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and PICK THE BROOM, including without limitation any dispute or claim related to or arising out of this agreement (“dispute”), you and PICK THE BROOM may attempt to negotiate any dispute informally (the “informal negotiations”) before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. your address for any notices under this section 17 is your email address and/or physical address that you have provided to PICK THE BROOM. PICK THE BROOM’s address for such notices is: legal@pickthebroom.com.
Waiver of right to be a plaintiff or class member in a class action. You and PICK THE BROOM agree to bring any dispute in arbitration on an individual basis only, and not as a class or collective action. there will be no right or authority for any ispute to be brought, heard or arbitrated as a class or collective action (“class action waiver”). regardless of anything else in this arbitration agreement and/or the applicable rules or consumer rules, the interpretation, applicability, enforceability or formation of the class action waiver may only be determined by a court and not an arbitrator.
Rules/standards governing arbitration proceeding. A party who wishes to arbitrate a dispute covered by this arbitration agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. the arbitrator shall apply the statute of limitations that would have applied if the dispute had been brought in court. the arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. the arbitrator is without authority to apply any different substantive law. the parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. the location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. a court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award. f. severability. you and PICK THE BROOM agree that if any portion of this section entitled “mutual arbitration agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this section 17 will be given full force and effect.
General provisions. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this agreement. A failure by us to enforce any provision(s) of this agreement will not be construed as a waiver of any provision or right. This agreement constitutes the entire agreement between you and PICK THE BROOM with respect to its subject matter. if any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this agreement, there shall be no third party beneficiaries to this agreement. You agree that regardless of any statute or law to the contrary, any dispute, claim or cause of action arising out of or related to this agreement must be filed within one (1) year after such dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this agreement will be deemed given as of the day they are received either by email, messenger, delivery service, , postage prepaid, certified or registered, return receipt requested, and addressed as follows: your address for such notices is your email address and/or physical address that you have provided to Pick The Broom. PICK THE BROOM’s address for such notices is: ⦁ legal@pickthebroom.com. The captions in this agreement are solely for convenience and shall not affect the interpretation of this agreement. This agreement shall not be modified except in writing signed by both parties or by means of a new posting by PICK THE BROOM, as described below. This agreement shall be interpreted as if jointly drafted by the parties. PICK THE BROOM shall have no liability to you for any failure or delay in performing its obligations in this agreement where such failure or delay is caused by an event or circumstance beyond PICK THE BROOM’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of professionals to perform, flood, fire, explosion, acts of terrorism or accident.
Changes to this agreement. We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this agreement at any time, effective with or without prior notice. 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 terminate, and immediately stop using, the PICK THE BROOM platform. Your continued use of the PICK THE BROOM platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
Contact information. If you have any questions regarding this agreement, please contact us at legal@pickthebroom.com.
I hereby acknowledge that I have read and understand these terms of use and privacy policy, and agree that my use of the PICK THE BROOM platform is an acknowledgment of my agreement to be bound by all of the terms and conditions of this agreement.