Terms & Condition

TickTask LLC

The « TickTask » mobile application (hereinafter « TickTask » or the « Application ») belongs to and is operated by TickTask LLC, CHE-455.762.328, c/o Plafida Société Fiduciaire LTD, Rue de Lyon 93, 1203 Geneva

TickTask LLC acts as an intermediary between the Customers and Errand Runners. The Application aims at facilitating the transmission of Requests and/or Orders by Customers to Errand Runners and communications in connection with such Requests and/or Orders. TickTask LLC is not a party to the Agreement between the Customer and the Errand Runner and shall not be responsible or liable for the conduct of Customers or Errand Runners.

 

1. Definitions

 

Agreement: the contract concluded between the Customer and the Errand Runner, which has the purpose of fulfilling one or multiple Errands, in exchange for the payment of the Errand Price by the Customer to the Errand Runner.

Application: see below the definition of TickTask.

Application Management Price: the price to be paid by the Customer to TickTask LLC for the use of the Application, for each completed Errand. The Application Management Price amounts to CHF 2.

Billable Period: the duration chosen by the Errand Runner for the payment of his/her Subscription Fee pertaining to the use of TickTask, viz. either a week (7 calendar days) or a month (30 calendar days).

Customer: any individual who can form legally binding agreements under applicable laws or a legal entity placing a Request, potentially followed up by an Order, through TickTask.

Errand(s): one of the following services: (i) Package Pick-Up & Drop-Off, (ii) Small Purchase(s), or (iii) a Customized Task.

Errand Price: the hourly rate of the Errand Runner comprised between CHF 20 and CHF 25 multiplied by the amount of time spent carrying out the Errand(s); the Errand Price is paid by the Customer to the Errand Runner and does not include the optional Tip.

Errand Runner: an individual who has created an account on TickTask with a view to completing Errands requested by Customers.

Offer: the response of an Errand Runner to a Customer submitting a Request for one or multiple Errands by which the Errand Runner expresses his/her readiness to carry out the Errand(s) in exchange for payment of the Errand Price.

Order: the confirmation by which the Customer accepts the Offer, including but not limited to the Errand Runner’s hourly rate used for determining the final Errand Price.

Request: an invitation submitted to TickTask by a Customer aimed at the fulfilment of one of multiple Errands, specifying the type of Errand and any required details, including but not limited to the relevant geographic area and the timeline; the Request is submitted to all Errand Runners who fulfil the criteria set forth by the Customer, following which the Customer may choose amongst the Errand Runners who express their interest or set the Application to choose an available Errand Runner automatically.

Subscription Fee: the fee paid by the Errand Runner to TickTask LLC in order to be able to use TickTask; subject to any discounts which are at the sole discretion of TickTask LLC. The Errand Runner has the choice between a weekly Subscription Fee of CHF 30 or a monthly Subscription Fee of CHF 100.

TickTask: the mobile/tablet/desktop application TickTask.

TickTask LLC: a Swiss limited liability company registered with the Registry of commerce of Geneva under company number CHE-455.762.328 and having its registered office c/o Plafida Société Fiduciaire LTD, Rue de Lyon 93, 1203 Geneva, Switzerland.

Tip: an optional amount voluntarily chosen by the Customer and intended for the Errand Runner delivering the Order; this amount is paid on top of the Errand Price the Customer agrees to at the time of the conclusion of the Agreement.

User: either a Customer or an Errand Runner.

 

2. Scope of application

 

The present Terms of use apply to all Users of TickTask, on the understanding that services of TickTask are not available to minors under the age of 18. The User confirms having read, understood, and accepted these Terms of use each time s/he carries out any action on TickTask, including but not limited to submitting a Request, an Offer, an Order, updating his/her account or profile or submitting a payment.

TickTask LLC reserves its right to amend the Terms of use at any time and at its sole discretion without notice. The current version of the Terms of use is available to the User via TickTask with a possibility to download and/or have the document sent by email.

Unless indicated otherwise, the following clauses apply to and bind both Customers and Errand Runners equally.

 

3. Relationship between the Errand Runner and TickTask LLC

 

a. Commencement of relationship

 

The relationship between the Errand Runner and TickTask LLC commences upon the Errand Runner’s registration of an account on TickTask. Registration of an account is defined as the moment where TickTask LLC validates the account created by the Errand Runner. Prior to this, TickTask LLC may request additional information from the prospective Errand Runner. TickTask LLC reserves its right to deny any accounts and is by no means bound to provide justification for such denial. Any person who wishes to become an Errand Runner must be over 18 years of age, hold a valid Swiss working permit, have the necessary health and liability insurance coverage for the entire duration of his/her engagement as an Errand Runner, hold valid insurance, license and registration with respect to any vehicle that s/he uses (if any) in the context of fulfilling Errand, have access to either 4G and/or sufficient bandwidth Wi-Fi connection, have access to a smartphone or a tablet, have a clear criminal record. Moreover, the Errand Runner must have access to one of the available payment methods (see Clause 6 below).

The Errand Runner is responsible for the opening of his/her TickTask account and the security of his/her passwords. The Errand Runner is bound by any Agreement concluded from his/her account and/or through his/her device, even without his/her knowledge. If the Errand Runner suspects that a third party has undue access to his/her account, s/he must immediately take the necessary measures to secure access thereto and inform TickTask LLC accordingly and without delay.

The Errand Runner is responsible for the accuracy of the information provided, such as in particular his/her phone numbers, email addresses, and any other relevant data.

By accepting the present Terms of use, the Errand Runner consents to his/her activity (most importantly submitting Offers and searching for Requests) on TickTask being tracked by TickTask LLC. The Errand Runner further consents to geo-tracking being active whenever carrying out an Errand. Moreover, the Errand Runner consents to information exchanged with the Customer, such as text messages or photographs, being accessed by TickTask LLC on an as-needed basis, especially in case of unsatisfactory service.

 

b. Nature of relationship

 

The Errand Runner is an independent contractor and not an employee, partner, agent, joint venture or franchisee of TickTask LLC and is not under the direction, supervision or control of TickTask LLC.

The Errand Runner determines in his/her own discretion how to carry out the Customers’ Errands and use TickTask under his/her own name and exclusive responsibility.

c. Subscription Fee

 

Once the Errand Runner has created an account on TickTask, s/he is required to choose his/her payment plan pertaining to the Subscription Fee.

Subject to any discounts or promotions, which are solely at the discretion of TickTask LLC, the Errand Runner can choose to pay either a weekly Subscription Fee of CHF 25 (7 calendar days) or a monthly Subscription Fee of CHF 88 (30 calendar days).

 

i. Weekly Subscription Fee

 

The weekly Subscription Fee is paid directly to TickTask LLC by the Errand Runner at the end of the Billable Period.

No Subscription Fee is due if the Errand Runner is active on TickTask during the Billable Period (viz. 7 calendar days) but receives no work. An active Errand Runner is to be understood as an Errand Runner who places at least one (1) Offer per each day of the Billable Period (viz. 7 calendar days), without any Customer submitting an Order in response. Any Offers which are withdrawn by the Errand Runner prior to the Customer submitting an Order are not included in the count.

 

ii. Monthly Subscription Fee

The monthly Subscription Fee is paid directly and in advance to TickTask LLC by the Errand Runner.

No refunds or reductions are granted to the Errand Runner on the monthly Subscription Fee even if the Errand Runner receives no work.

 

d. Use of TickTask by the Errand Runner

Once the Errand Runner has created an account and provided all the required information, s/he can access the Requests submitted by the Customers and submit an Offer. The Errand Runner is free to submit an Offer.

The Errand Runner sets his/her hourly rate on his/her TickTask account; the hourly rate is comprised between CHF 20 and CHF 25, exclusive of any optional Tips received from the Customer. On this basis, TickTask calculates the Errand Price. The Errand Runner is free to amend his/her hourly rate at any time, except with respect to a specific Errand s/he is already carrying out or has accepted to carry out.

 

4. Relationship between the Customer and TickTask LLC

 

Any person who wishes to use the services of Errand Runners via TickTask shall create a Customer account. In doing so, s/he must provide all the information marked as required on the Application. Only a person over 18 years of age may become a Customer. The Customer must have access to one of the available payment methods (see Clause 6 below).

The Customer is responsible for creating his/her TickTask account and the security of his/her passwords. The Customer is bound by any Agreement concluded from his/her account and/or through his/her device, even without his/her knowledge. If the Customer suspects that a third party has undue access to his/her account, s/he must immediately take the necessary measures to secure access thereto and inform TickTask LLC accordingly and without delay.

The Customer is responsible for the accuracy of the information provided, such as in particular the pick-up and/or drop-off locations, his/her phone numbers, email addresses, and any other relevant data.

In exchange for the use of the Application, the Customer pays to TickTask LLC the Application Management Price, for each completed Errand.

By accepting the present Terms of use, the Customer consents to geo-tracking as regards in particular any pick-up and/or drop-off location. The Customer further consents to information exchanged with his/her Errand Runner, such as text messages or photographs, being accessed by TickTask LLC on an as-needed basis, especially in case of unsatisfactory service.

 

5. Relationship between the Customer and the Errand Runner

 

a. Agreement

The Agreement is concluded between the Customer and the Errand Runner for the purposes of one or multiple Errands, viz. (i) Package Pick-Up & Drop-Off, (ii) Small Purchase(s), or (iii) a Customized Task . In exchange for the service provided by the Errand Runner, the Customer pays the Errand Price, the predicted amount of which is visible to the Customer at the time of the conclusion of the Agreement, i.e. the placement of the Order.

The Customer wanting to have an Errand fulfilled submits a Request to TickTask, which is submitted to all Errand Runners who fulfil the criteria set forth by the Customer. For the avoidance of doubt, the Customer’s Request constitutes an offer to treat (invitatio ad offerendum). In response, any available Errand Runner willing to take on the Errand may submit an Offer to said Customer, viz. a declaration of readiness to carry out the Errand(s) requested by the Customer in exchange for the payment of the Errand Price based on the hourly rate set by the Errand Runner (see Clause 3.d above). The Errand Runner’s Offer can be automated via TickTask, i.e. submitted in response to any Requests corresponding to specific criteria such as a particular geographic area, a certain type of Errand, and/or a specific timeframe. In turn, the Customer may accept the Offer by placing an Order, confirming amongst others the hourly rate applicable for the calculation of the Errand Price, thus perfecting the Agreement. The Customer may, as an alternative to manually choosing amongst the Errand Runners who submit an Offer, set the Application to select an Errand Runner automatically. By placing the Order, the Customer irrevocably consents to the payment of the Errand Price.

Once the Agreement is concluded, the Customer and the Errand Runner may contact each other through the built-in chat & call feature, allowing them to text, call, and/or send photographs. These conversations may be accessed by TickTask LLC on an as-needed basis (see Clause 14 below).

 

i. Package Pick-Up & Drop-Off

 

Package Pick-Up & Drop-Off is limited to items already belonging to the Customer or which are to be paid for by the Customer directly to the third-party seller. For the avoidance of doubt, no contractual relationship is created between the Errand Runner and the third party and the Customer is solely liable for any payments potentially still due.

The service can be aimed at, but is not limited to, laundry, food and beverages, documents, medicine, or pets. If the service is intended for a pet dog, see Clause 4.a.iii below.

In his/her Request, the Customer must disclose the kind of item(s), size and weight, as well as the pick-up and drop-off locations. The Customer shall also indicate the timeframe in which the Errand is to be carried out; this can be as soon as possible or at a specified point in the future.

The package must comply with TickTask Package Guidelines (Annex 1).

Upon dropping off the item(s), the Errand Runner must scan a QR code or enter a PIN code in order to complete the Errand. These are provided by the Customer.

 

ii. Small Purchase(s)

 

A Small Purchase or multiple Small Purchases carried out as part of the same Errand are capped at the amount of CHF 50, unless mutually agreed between the Customer and the Errand Runner.

In his/her Request, the Customer must disclose the kind of item(s), size, weight and which store(s) the Small Purchase is to be carried out at. The Customer must also indicate the location of delivery. Finally, the Customer shall indicate the timeframe in which the Errand is to be carried out; this can be as soon as possible or at a specified point in the future.

The package must comply with TickTask Small Purchase(s) Guidelines (Annex 2).

Upon completing each Small Purchase, the Errand Runner submits a photograph of the receipt to the Customer directly through TickTask.

Upon dropping off the item(s), the Errand Runner must scan a QR code or enter a PIN code in order to complete the Errand. These are provided by the Customer.

 

iii. Customized Task

 

The “Customize Your Task” feature allows Customers to describe any type of task(s) they need, such as someone to come and walk their dog (“Dog Walking”), help them assemble a chair, unpack boxes in their new home or take out their elderly grandmother for a walk in the nearby park (globally, a “Customized Task”).

The Dog Walking service is subject to the following specific rules:

Dog Walking enables the Customer to have a pet dog taken for a walk.

In his/her Request, the Customer must disclose information about the pet dog, viz. the size and the breed, and provide at least one recent photograph of sufficient quality, and in which the dog appears in full. Sufficient quality is to be understood as a minimum resolution of 1600 x 800 pixels, up to 60KB. Moreover, the Customer must specify the geographic area and the timeframe, viz. the time when the pet dog shall be picked up by the Errand Runner and the desired duration of the walk.

Dog Walking can be combined with the Package Pick-Up & Drop-Off (see Clause 4.a.i above); the Customer wishing to have his/her pet dog dropped off at a different location to the pick-up one shall specify so in his/her Request.

The Customer wishing to use this service must comply with TickTask Dog Walking Guidelines (Annex 3). Moreover, the Customer may only request the service for dogs compliant with any and all applicable legislation, both federal and cantonal, including any limitations with respect to the breed of the dog, authorizations, insurance, and training.

At pick-up, the Customer must provide the Errand Runner with all necessary accessories, including but not limited to a leash, a muzzle (where necessary), a control mark (where applicable), and a sufficient amount of dog waste bags. During the walk, the Customer may request that the Errand Runner send photos of the dog.

The Errand Runner must comply with all applicable regulations, whether contained in federal or cantonal law, as well as any conditions applicable within a specific area, including signs and/or instructions from the relevant persons or authorities and/or behaviour imposed by the current circumstances.

Upon dropping off the pet dog, the Errand Runner must scan a QR code or enter a PIN code in order to complete the Errand. These are provided by the Customer.

 

b. Prohibition of illegal objects

 

Illegal objects are excluded from TickTask. Swiss law, to the exclusion of any other laws, is relevant when assessing such illegality.

Any Customer and/or Errand Runner who fails to comply with this prohibition may have his/her account cancelled and be banned from using TickTask.

 

c. Cancellation of an uncompleted Errand

 

The Customer may cancel the Errand within two (2) minutes from the time the Agreement is perfected, without any penalty. Once the two (2) minute window has elapsed and until when the Errand Runner reaches the location, the Customer may cancel the Errand, incurring a penalty of CHF 5. Upon the Errand Runner’s arrival, the Customer may no longer cancel the Errand.

The Errand Runner may cancel the Errand in the following general scenarios:

- upon reaching the location if the package or the pet dog does not correspond to the description provided by the Customer or is non-compliant with the relevant guidelines (see Clauses 5.c.i and iii below);
- while carrying out a Small Purchase(s) Errand if the cap of CHF 50 is exceeded (see Clause 5.c.ii below).

Aside from the scenarios listed hereinafter, the Errand Runner must cancel any Errand which concerns illegal objects (see Clause 5.b above).

If the Errand is cancelled by the Errand Runner in the circumstances described above, the Errand Runner shall inform TickTask LLC of the incident directly through TickTask without delay and Customer’s payment stays blocked until an internal investigation is completed.

If the Errand Runner cancels the Errand in other circumstances than the ones described above, the Errand Runner may be penalized in accordance with Clause 13 below.

 

i. Package Pick-Up & Drop-Off

 

Where upon pick-up, the package does not comply with the TickTask Package Guidelines or where the description of the package provided by the Customer in his/her Request is materially different to the reality, viz. there are discrepancies when it comes to the material, the size, or the object itself, the Errand Runner has the option to cancel the Errand.

ii. Small Purchase(s)

 

Where the Errand is to exceed the cap of CHF 50 previously agreed upon between the Customer and the Errand Runner, the Errand Runner has the option to cancel the Errand.

 

iii. Customized Task

 

Where the description of the Customized Task provided by the Customer in his/her Request is materially different to the reality, viz. there are discrepancies when it comes to the task to be performed, the Errand Runner has the option to cancel the Errand.

 

iv. Dog Walking

 

Where the dog does not match the description and/or the photographs provided by the Customer, the Errand Runner had the option to cancel the Errand. The same applies if the dog appears to be exceedingly aggressive and/or if the Customer does not provide all the necessary accessories (see Clause 5a.iii above).

 

d. Errand Runners reviews and Tips

 

Upon the completion of the Errand, the Customer is given the option to rate the Errand Runner. In addition, the Customer can provide a more detailed written review of the Errand Runner.

Upon the completion of the Errand, the Customer is also given the option to pay a Tip to the Errand Runner, on top of the Errand Price calculated based on the Errand Runner’s hourly rate and the time spent carrying out the Errand. The amount of such Tip is left at the Customer’s discretion.

 

6. Payments

 

Unless otherwise indicated, all prices indicated on TickTask are net in CHF, including VAT.

Any payments made to TickTask LLC or through TickTask, including but not limited to the payment of the Subscription Fee, the Errand Price and the optional Tip, must be processed through one of the available payment methods, viz. a payment by credit card or via TWINT. Payments made to the Errand Runner by TickTask LLC are processed through a credit card or a wire transfer.

At the time of the Order, i.e. when the Customer accepts the Offer placed by the Errand Runner, the predicted Errand Price is blocked via the Customer’s chosen method of payment. Once the Errand is completed, the payment of the Errand Price is released to the Errand Runner.

 

7. Complaints settlement

 

Any User can file a complaint directly through the Application. TickTask LLC reserves the right to carry out investigations in a manner it sees fit and impose penalties on a case-by-case basis.

 

8. Prohibition of further dissemination and use of information

 

The right to use information and content for commercial purposes is reserved to the Users while using the Application. Apart from that, the Users do not acquire any rights to content or information made available on TickTask. Infringements are subject to civil and criminal prosecution.

The User expressly undertakes not to utilise the information and content made available on TickTask in any manner or form outside the Application. In particular, the User shall refrain from copying, publishing or otherwise reproducing (e.g. on the Internet) in any form the data made available on TickTask or to link those data to other data.

 

9. Intellectual property rights

 

All rights to information, elements and content on TickTask, in particular copyright, trademarks and designation contained therein, are the exclusive property of TickTask LLC or third parties who have granted TickTask LLC the relevant rights of use.

Insofar as the contractual use of TickTask requires granting the User rights of use to copyright, trademarks and/or know-how of TickTask LLC, these rights shall be granted to the User by TickTask LLC on a non-exclusive and non-transferrable basis, to the extent required.

Content, data, texts, videos, illustrations and other content that the User, especially the Customer, transmits to TickTask LLC for publication via TickTask may not infringe any rights whatsoever, in particular third-party rights, such as rights of privacy and intellectual property rights. The User, in particular the Customer submitting a Request to TickTask, may only transmit to TickTask LLC data that s/he has created or the use of which the rights holder had consented.

No addresses (e-mail or postal), telephone numbers or vehicle registration plates may be visible in photographs used in Requests.

Photographs of persons whose faces are clearly recognisable may only be used with the consent of the respective persons.

 

10. Risks

 

The User bears all risks that may arise from manipulating TickTask, including any IT system issues, malfunctions, failures and/or improper access.

 

11. Errand Runners’ representations and warranties

 

The Errand Runner hereby represents and warrants being responsible for disclosing his/her revenue to the relevant authorities, especially for the purposes of tax payments, in Switzerland or elsewhere.

The Errand Runner further represents and warrants to maintain adequate insurance cover (in full force and effect) against all losses and liabilities and all other risks that are normally insured against by an individual or legal entity carrying on the same type of activities and businesses.

 

12. Limitation of liability

 

TickTask LLC is not a party to the Agreement between the Customer and the Errand Runner and shall not be responsible or liable as regards its conclusion, its performance or non-performance, and any associated risks.

TickTask LLC shall not be responsible or liable for the conduct of Customers or Errand Runners, whether online or offline. TickTask LLC is authorised but not obliged to control and regulate the Users’ behaviour and/or to verify the lawfulness thereof.

TickTask LLC shall not be liable if for any reason all or any part of the Application is unavailable and/or difficult to access at any time or for any period.

Any information and/or content reproduced on the Application do not amount an invitation to treat, an offer, or an acceptance on behalf of TickTask LLC.

To the extent permitted by Swiss law and save for wilful misconduct or gross negligence, TickTask LLC disclaims all liability and warranty for the use of the Application.

 

13. Non-compliance

 

In case of non-compliance with the present Terms of use and/or any annexes, which form an integral part of the Terms of use, TickTask LLC reserves the right to impose penalties as it sees fit, including but not limited to suspension or cancellation of a Customer’s or an Errand Runner’s account. Non-compliance of an Errand Runner may also be reflected in his/her ratings as well as a (temporary) ban from being included amongst the featured Errand Runners.

 

14. Privacy policy

 

The Privacy policy, also available to the User via TickTask, is an integral part of these Terms of use.

 

15. Final provision

 

If any provision of these Terms of use proves to be invalid or unenforceable, it shall cease to apply only to the extent of such invalidity or unenforceability. Any omissions in these Terms of use must be filled with provisions that are as consistent as possible with the spirit and the purpose of these documents.

 

16. Governing law and jurisdiction

 

The present Terms of use shall be governed exclusively by and construed in accordance with Swiss law, without regard to its conflict of law principles.

Any dispute, controversy or claim arising out of, or in relation to, these Terms of use, including the validity, invalidity, breach, or termination thereof, shall be resolved exclusively by the courts of the canton of Geneva, Switzerland.

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