Yokker - Yokker - Terms Of Service

Terms and Conditions

Here You will find Yokerr’s terms and conditions. These terms and conditions will guide You through our and Your responsibilities according to Yokker’s policies. Later down the post, You will find Appendix B that includes the Country-Specific Terms.

For any further queries, contact here.

By accepting Yokker’s terms and conditions, You will be bound into an agreement that holds all the points mentioned below:

User Agreement:

Yokker is an online platform which introduces Service Seekers to Service providerss and allows its users to hire and offer services through the platform.

Before using our platform and Services, kindly read all of the terms and conditions, policies, and community guidelines.

Check out Yokker Glossary for different terms defined throughout the agreement.

1. The services Yokker offers:

1.1. We allow You to post tasks and services you require through Service Requests.

1.2. Workers are allowed to respond to the Service Requests put up by the Service Seekers through Offers. Some information regarding these Offers may be visible to the general public (to the users outside Yokker’s platform).

1.3. Service Requests can be modified, or even cancelled, by the Service Seeker any time before He/She selects a Service Provider and gives out the work. Yokker has all the rights to cancel all the Offers made before modifications, on a Service Request.

1.4. A Service Contract comes into effect between the Service Seekerand the Service Provideronce a job has been entrusted.

1.5. The Service Seeker may deposit the ‘agreed’ Service amount into the Payment Account as soon as the Service Contract comes into effect and, the Service Seeker will be obliged to pay Yokker the fee for using its Services. The Service Contract can be modified by the Service Seeker and Service Provider on the Yokker platform, and it is advised to use Yokker’s private messaging system for any communication between the Service Seeker and the Service Provider, including the modification of the Service Contract and related things like pricing.

1.6. On the completion of the Services, both the Service Seeker and Service Provider is required to notify the Yokker Platform.

1.7. Yokker will release the payment to the Service Provider once the Service Seeker notifies the platform of the completion of Services, or the Yokker platform has confirmed the completion of Services itself. This process doesn’t apply to the payment of Recurring Services. For that, see clause 1.12 below.

1.8. Once the Service is completed, Yokker allows the Service Providers and Service Seekersto rate their experience with each other through feedback and reviews on the Yokker platform.

1.9. Yokker also allows Service Seekers to reach Service Providers themselves with a Direct Contact feature. The Service Seekers may Offer a Service directly to any Service Provider, and He/She can instantly accept the work(Instant Claim).

1.10. In the case of Recurring Services, a Service Contract is created for each Service after the first Milestone Service until the previous Milestone Service gets completed. So, a new Service Contract is generated after each milestone.

1.11. Service Seekers are given the privilege to edit (cancel or modify) the Offers made to Service Providers using the Direct Search feature anytime before an Instant Claim is made. Yokker may cancel or remove all Service Requests posted before modifications or removal.

1.12. For Recurring Services and related to clause 1.13,The Service Provider’s payment for the Milestone Service will be released from the Payment Account upon the completion of that Milestone Service and its confirmation from the Service Seeker, or upon the satisfaction of Yokker that the Milestone Service has been completed.

1.13. Within 24 hours after the completion of the Milestone Service by the Service Provider, the Service Seeker may choose to withhold the Provider’s funds. In that case, they will not be released automatically from the Payment’s Account until the Service Seeker manually marks the Milestone Service as completed.

2. Yokker’s Roles and Responsibilities:

2.1. Only the Yokker Platform comes under Yokker, where we allow our users to make Service Requests and Offers.

2.2. A Yokker User must be older than 18 years of age.

2.3. Yokker only allows individual users on the Platform, but they are given the liberty to specify the business they represent.

2.4. Yokker reserves the right to remove, modify, suspend or restrict the account of any User if found involved in illegal, fraudulent or suspicious activities, or activities detrimental for the Yokker Platform in any way. Yokker may also decline the request of any individual to register or create an account on the Platform. Information regarding the suspension, restriction, removal or refusal of a Yokker account will not be made publicly available.

2.5. Registering and creating a Yokker account, posting tasks, and reviewing Yokker’s content is completely free.

2.6. Any interaction between the Service Provider and the Service Seeker, including but not limited to, the performance or delivery of Services, is not a responsibility of Yokker. It lies between the Service Seeker and the Service Provider, and they are held responsible for it.

2.7. The accuracyof the information provided by Yokker users ( the Service Seekers or Service Providers) is not a responsibility of Yokker, and we do not guarantee its truth. This information includes but is not limited to, the Service Seeker’s ability to pay for the Services or the Service Providers’ ability to perform the dedicated task or provide the dedicated items.

2.8. Yokker offers Services on ‘as is’ basis. Accepting the Services means you are accepting them with or without the faults that may or may not be immediately apparent. Yokker disclaims any implied or expressed warranties, including the warranty of title, merchantability, fitness and non-infringement to the extent permitted by law.

2.9. Yokker may resolve user disputes to ensure a good user experience but is not obliged to do so (legally or else).

3. Responsibilities and Obligations of a Yokker User:

3.1. As a Yokker User, you are required to:

(a) Follow and comply with this Agreement (all of the terms and conditions, and policies) and relevant laws and regulations.

(b) Post and provide only the information that is true and accurate.

(c) Keep yourself aware of any laws and regulations that apply to You as a User ( Service Seeker or Service Provider) at Yokker.

3.2. You must not share or use content from Yokker on other places (third-party websites) without Yokker’s consent. This content includes the content provided by Yokker and affiliate third-party websites as well as user-generated content.

3.3. The Yokker account and its Services are strictly not for any fraudulent, criminal or unethical activities.

3.4. You are not permitted to sell or transfer Your Yokker account to any other User, or to allow any User to control, edit or use your account in any way. You, yourself, must hold complete authority over your Yokker account at all times.

3.5. You permit Yokker to use, replicate, change or adapt any data and information posted on the Yokker Platform with an unrestricted, global, royalty-free license. The information may be used for publishing material or other general promotional purposes. Yokker may also use this information to provide you with the Services you require, all of which is permitted by this Agreement.

3.6. You must ensure that any information posted by You will not be detrimental (includes, but is not limited to economic losses) to Yokker or its Users.

3.7. Without the restrictions of this Agreement’s provisions, the information and data that You provide us and post on our Services, including but not limited to the data in Service Requests and Offers, should have the following characteristics:

(a) Should be up-to-date;

(b) Should be accurate;

(d) Should not involve dealing of stolen (or counterfeit) items;

(e) Should not violate third-party rights: copyrights, trademarks, publicity rights, privacy rights, patents, trade secrets or other intellectual property rights;

(f) Should not be in violation of any law or regulations, or any state ordinance or rulings (including, but not limited to consumer protection laws, anticriminal laws, tax laws, import/export laws and trade prices laws);

(g) Should not defame, harass, threaten or aim to hurt any individual or organization in any way;

(h) Should not contain any improper, obscene, or unlawful material. This includes, but is not limited to, unlawful or obscene images or videos;

(i) Should not contain any harmful code or set of data that can, intentionally or unintentionally, change or damage the set function of Yokker Platform and its Services. This includes, but is not limited to, viruses, malware, worms, Trojan, timebombs, easter eggs, cancelbots, or other computer programming code or practice that may lead to the changing, damaging, deletion, unauthorized access, expropriation, interference, secret interception of the data, personal information, or the system;

3.8. Location of Service Seekers and Service Providers may be shown to the users browsing through Yokker’s Platform from time to time when using Yokker’s map-based or location-based functionality.

3.9. The Service Seeker should never provide or disclose his personal information and data like name, address, e-mail, phone number, etc. on any Service Requests or public communication channels on the Yokker Platform.

3.10. Service Providers must have the legal permission to provide Services under the Service Contract in the specific jurisdiction. Service Providers must comply with the tax and payment laws of the region He/She may be providing services in under the Service Contract.

3.11. The Service Price can be changed on the Yokker Platform if both parties (the Service Seeker and the Service Provider) agrees, however, the Service Provider is not allowed to up-charge Service Seekers other than the agreed payment during the Services.

3.12. The Service Providers are not permitted to contact Service Seekers outside the Yokker platform or demand payments from the Service Seeker unless clause 3.13 comes into effect.

3.13. The Service Provider would be responsible for reimbursing the payment from the Service Seeker if He/She decided to take over some of the cost of the Services (may include equipment, transportation or other related costs). Yokker holds no responsibility for reimbursing those payments and advises Service Providers to not make any investments (in equipment, transportation, etc.) in advance.

3.14. The Service Provider should ensure thatHe/She is only coming into a subcontract with a third-party for the completion of Services in accordance with the Service Contract, who is a registered User on the Yokker Platform.

3.15. If Yokker finds Youviolating any Service Contract or the clauses of User Responsibilities and Obligations, Yokker has all the rights to delete Your content, Service Requests, Offers that You have submitted to us, and suspend or cancel Your Service Contract(s) and Your Yokker Account.

4. Fees:

4.1. Yokker charges a Yokker’s Service Fee to both Service Provider and Service Seeker for using its Platform, which is automatically deducted from the Service Price held in the Payment Account.

4.2. The total fee will not include the extra costs required to complete a Service Request, and thus Yokker will not deduct any portion of it as Yokker’s Service Fee.

4.3. All third-party service providers are paid according to their agreements with the User. Yokker Fees and Payments will not include the costs to be paid to third-party service providers.

4.4. Yokker will not refund or cancel any transactions of Payments or Fees once the process is initiated (unless otherwise stated in Non-Excludable Conditions).

4.5. As soon as Yokker launches a new service, the Users will be under the obligation to pay for that service immediately.

4.6. Yokker reserves the right to set-off or adjust any fee in its possession on the User’s behalf.

4.7. Yokker may restrict, suspend or stop the Users from further activities on their Yokker account until they clear all standing dues.

5. Payments and Refunds:

5.1. Upon the cancellation of a Service Contract before its commencement due to any reason (by the Service Seeker, the Service Provider, or under this Agreement), the payment will be refunded to the Service Seeker as Stored Value after Yokker ensures that refund is needed. The responsible User will pay a Cancellation Admin Fee according to the clauses 5.5 and 5.6 below

5.2. Yokker reserves the right to send the originally paid funds instead of the Stored Value back to the Service Seeker’s credit card without deducting any Cancellation Admin Fee or Service charges.

5.3. If Yokker returns payments on the Service Provider’s behalf under clause 5.1, He/She will have a debt to Yokker which Yokker reserves the right to balance out by offsetting any Payments Yokker owes to the Service Provider at any time.

5.4. As suggested by clause 5.1, A User will be indebted to the Yokker platform in the form of Cancellation Admin Fee (if unpaid) which Yokker reserves the right to balance out by off-setting payments Yokker owes to the User.

5.5. The Service Provider will be considered responsible for the cancellation of the Service Contract when:

(a) The Service Contract is cancelled by the Service Provider;

(b) The Service Contract is cancelled due to the mutual agreement between the Service Seeker and the Service Provider;

(d) a Service Contract is cancelled as a result of the Service Provider’s actions or violation according to clause 3.14.

5.6. The Service Seeker will be considered responsible for the cancellation of the Service Contract when:

(a) Service Seekers carries out the Cancellation of the Service Contract (for reasons other than mentioned in clause 5.5(b).

(b) The Service Contract is cancelled as a result of the Service Seeker’s actions or violation according to clause 3.14.

5.7. If both parties (the Service Provider and the Service Seeker) agree upon an additional cancellation fee under the Service Contract to make up for the losses of the affected party, the affected party will claim those payments directly from the other, and Yokker will hold no responsibility of that claim.

5.8. Yokker may require 2 weeks or 14 days to refund the Service Price to the Service Seeker. The refund will have Cancellation Admin Fee deducted, if applicable.

5.9. Yokker will keep the Provider Funds for three months in the Payment account, with effect from the date they were paid by the Service Seeker, in the case they are not paid to the Service Provider in any way or returned to the Service Seeker or in the case no one makes a claim for them.

5.10. The Provider Funds will be transferred to the Service Seeker as Stored Value if no claim is made to them within the three months mentioned in clause 5.9.

5.11. If any of the party in the Service Contract can show the commencement of the contract, after its cancellation, then the Service Price that was to be refunded to the Service Seeker will be transferred according to clause 18. The Cancellation Admin Fee, however, will always be paid according to clause 5.1.

6. Stored Value:

6.1. The Stored Value:

(a) Can not be refunded or redeemed for cash;

(b) Can only be used to make further payments to any new Services accepted on the Yokker Platform;

(c) Can not be transferred to another account or credit card, can neither be reloaded nor exchanged with another account. In short, cannot be moved back or forth in any way between two accounts or credit cards;

(d) Has 12 months of validity from the date it was deposited in the User’s account unless another issue date, purchase or the expiry date is suggested by Yokker according to any legislative requirements;

(e) Should not be copied, reproduced, distributed, or published directly or indirectly by anyone other than the authorized user, in any form or by any means. Should not be stored in a data retrieval system without getting Yokker’s written permission in advance.

(f) Additional Terms and Conditions(for example, the restrictions on the Services where it’s redeemable) may apply if the Stored Value is obtained from the means other those specified by this Agreement.

6.2. Except for any Non-Excludable Conditions, Yokker holds no responsibility for keeping the Stored Value secure. The User alone is responsible for any loss or damage of the Stored Value, and Yokker will not facilitate the User in any security matters related to the Stored Value.

6.3. Yokker reserves the right to decline, refuse or stop the processing of any Stored Value previously decided by itself, due to fraudulent, malicious or illegal activities. This includes Stored Value such as promotional material (coupons, flyers, discount codes) circulated without the permission of Yokker. Yokker may report such activities to the law enforcement authorities at any given time.

6.4. Any Stored Value that has not been redeemed, or has been cancelled by Yokker, is accredited to Yokker.

7. Business Partners:

7.1. Yokker reserves the right to invite Business Partners and hire Service Providers to provide Business Services. Service Providers must realize that Yokker and Partners may further sell their Services at prices higher than their original price, and by entering into an Agreement with Yokker, they give Yokker the right to do so.

7.2. Yokker’s partner or group companies may seek specifically qualified individuals on the Yokker Platforms. Yokker reserves the right to assist them in their search by promoting specific Service Providers which may or may not include all those suitable for the Service.

7.3. A Service Provider may be required by Yokker’s Business Partner to enter into a ‘Business Partner Contract’ before they can provide any Services.

7.4. When accepting a Service Request with the Business Partner:

(a) The Service Provider must work under Yokker’s Service Contract or any additional Business Partner Contract introduced by the Partners; and

(b) Except for the presence of inconsistencies, the terms and conditions of the Business Partner Contract will prevail.

8. Payment Facility:

8.1. Third-party payment providers are responsible for managing and operating the Payments Account.

8.2. The terms mentioned at https://stripe.com/au/ssa are integrated into this Agreement unless any inconsistencies occur in the Agreement in relation to the provision of Payments Accounts.

8.3. You may have to agree to any further additional terms in case Yokker changes its Payment Provider. An alternative payment method will be provided to You if You refuse to agree to those terms.

9. Third-Party Services:

9.1. Different Third-Party Services (which Yokker does not offer) may be added on Yokker’s Platform.

9.2. Yokker allows the Third-Party Service providers to facilitate its Users who agree to the Third Party’s terms and conditions and may promote these services to the targeted Users as a convenience.

9.3. Users choosing to accept the Services of any Third-Party Service provider shall be in a direct contract with the Third-Party Service provider, and Yokker will have no say in that.

9.4. Although Yokker does not represent or is responsible for Third-Party Sevices, we still encourage feedback on Third-Party Service providers to gather useful information. This information allows Yokker to provide a better User experience. To give feedback about Third-Party Service providers, contact us here.

10. Verification and Badges:

10.1. Yokker may accept assistance from Services dedicated to authorization and Identification of people.

10.2. Yokker’s authentication and verification depend upon User-supplied or Third-Party information or Third-Party verification Services. By accepting this Agreement, you agree that Yokker may fail to accurately identify an individual due to the restrictions mentioned above.

10.3. Only You are responsible for identity verification. Any usage of Yokker’ Identity Verification System is not the responsibility of Yokker.

10.4. Yokker may modify, enhance or upgrade these Identity Verification Services at any given time.

10.5. Yokker may use questionnaires, ratings and other user-generated feedback to evaluate other Users.

10.6. Yokker may issue Badges to the Service Provider on request, for a Badge fee. Yokker or its Third-Party affiliates may conditionally issue these Badges after procuring specific documents or information.

10.7. You agree that You know this limitation of the Badge while using it to enter a Service Contract. Before the task commences, verify Your Badge with the Service Provider.

10.8. The Service Provider is responsible for providing accurate information and documentation before the procurement of Badges and for notifying if a Badge becomes invalid.

10.9. Yokker reserves the right to issue Bages for a fee that may not be disclosed.

10.10. Yokker have complete authority over the Badges issued to the Service Providers, which are not to be used outside the Yokker platform. Yokker may not use any verification or documentation procured for the issuance of Badges for any other purposes.

10.11. Yokker reserves the right to refuse the issuance of a Badge or process its removal, in case it becomes invalid, gets expired, Yokker observes any activities that violate the User Agreement or if the Badge was mistakenly issued or any other reasons which may require its removal.

11. Insurance:

11.1. Users have an opportunity provided by Yokker to gain insurance, offered by third-parties, for certain Service Contracts. You can see the application and terms and conditions for such insurance policies on Yokker’s website once available. All insurances policies are Third-Party Services which follow the further defined terms of Third-Party Services.

11.2. Yokker holds no responsibility or guarantees that the insurance offered by Third-Party Services on our platform is sufficient or beneficial for the Users.

11.3. Users must ensure they have adequate insurance themselves and make their own enquiries about it. Yokker will not be responsible for advising the Users about their insurance matters.

11.4. Yokker may introduce its own insurance to cover Users’ requirements. Changing the terms of the insurance policy is the right of Yokker, and we may do so at any time with our third-party insurance providers. Check Yokker’s website for a summary of the policies, and You may request for the policy details through the Yokker Platform. To acquaint themselves with the policies and its details is the responsibility of the Users.

11.5. By accepting this Agreement, you acknowledge and accept this clause, which applies when a claim is made relating to service and/or goods a Service Provider provided and Yokker is covering it, comes into effect. If a claim is made against the Service Provider, the Service Provider may give Yokker permission to respond to the claim (under any applicable policy ). In case Yokker is successful, Yokker may recover excess or deductible payment from the Service Provider. If the insurer decides the Service Provider is responsible, Yokker will have to accept this assessment. If You do not pay any access due under this clause, Yokker may decide to balance some or all of the dues by setting off the amount with any future amounts Yokker may owe to You.

11.6. By accepting this Agreement, you acknowledge and accept this clause, which applies when a claim is made relating to service and/or goods a Service Provider provided and Yokker does not covers or the claim is below the excess due to the insurer, comes into effect. Yokker may accept or reject to pay for a claim it doesn’t cover according to its insurance policies. If Yokker decides to settle a claim by paying an amount for which the Service Provider was/would be responsible, the Service Provider will owe Yokker the paid amount. Yokker may set-off this amount against any debts it owes to the Service Provider.

12. Feedback:

12.1. Yokker gives you the right to submit complaints against any comments made on this platform via the ‘Report’ function or via the contact information provided on the Yokker Platform.

12.2. Yokker reserves the right to restrict or terminate your account, in its sole and absolute discretion, if it finds your feedback dishonest, problematic, obscene or harmful for the other Yokker users.

13. Limitation of Liability:

13.1. For applicable exclusion and limitations of Your legal obligations, see Your Country-Specific Terms.

14. Privacy:

14.1. Services by Third-Party Service providers will be according to their own Privacy Policies. You must agree and accept the Third-Party’s terms and conditions, terms of services, and privacy policies before getting any services from them.

14.2. Yokker tries its best to allow You anonymous transaction on the Yokker Platform. Yokker reserves, however, all the rights to ask Users for their verification for them to remain a User. It may be done by Yokker to ensure the reduction in fraudulent activities or incidents, and to avoid any behaviour leading to the violation of Community Guidelines.

15. Changes and Modifications to the Agreements:

15.1. Yokker may change, modify, remove or add to any terms of this Agreement or the Policies from time to time. The updated terms will be displayed on Yokker’s website. You will be notified of any such modifications or changes through Your Yokker account or when You log in the next time.

15.2. The modified terms will be in effect when You actively agree to them ( like by clicking on an ‘I accept’ button) or when You use Yokker’s Platform for any purpose including but is not limited to, taking part in any activity that is related to the Service Contract. In all other cases, these terms will automatically come into effect a month or 30 days after their initial notice.

15.3. You must close Your Yokker account, or ask Yokker to terminate it, and stop using our services if You do not accept and agree with any modifications or changes to this Agreement, or any of our Policies.

16. No Agency:

16.1. This Agreement deals with no Agency, joint-venture, partnership, employer-employee, and other similar relationships, which will not be bound by you in any matter whatsoever and will be made and progress as beneficial to the Yokker Platform, affiliates and other concerned entities. Yokker confirms that Yokker allow Third-Party Service providers to solely provide their Services, and Yokker holds no responsibility for them. To the extent allowed by the law, any damage or loss suffered by You due to the performance or non-performance of the Third-Party Services is the responsibility of Third-party Service providers and Yokker specifically disclaims all of it.

17. Notices:

17.1. Any notices must be given through the registered ordinary post or e-mail to, either, the User’s contact address provided by Yokker at registration or Yokker’s contact address as shown on the Yokker Platform. Any notice will be marked as ‘given’:

(a) If sent by e-mail 24 hours after its delivery, unless the e-mail address is invalid or the e-mail is undeliverable;

(b) 3 Business Days after it is posted by a pre-paid post, if it isinside the jurisdiction in which You have Your Yokker Account, or 7 Business Days if it is posted outside the jurisdiction in which You have Your Yokker Account.

17.2. Yokker will not accept notices related to the Third-Party Services. These notices should be sent to the Third-Parties directly as indicated by their terms and conditions.

18. Mediation and Resolution of Disputes:

18.1. Yokker reserves the right to provide any information discretely to the Users involved in disputes with You.

18.2. In case of any dispute, Yokker advises Users to resolve that dispute themselves with the other Users, without inviting in Yokker.

18.3. You are required to make the best effort to cooperate with the other User in the attempts to resolve the dispute.

18.4. Any User can let Yokker know about the dispute, and Yokker may choose to assist them. You are required to cooperate if Yokker holds any investigation. Yokker reserves all the rights to, according to the provided information by the Users, make a reasonable final decision, and the payment will be made by the Payment Provider accordingly.

18.5. Users have the right to challenge any dispute or Yokker’s decision in a court or tribunal.

18.6. Until the resolving of the dispute, Yokker reserves all the rights to keep the Service Price, subject to the dispute, in the Payment Account.

18.7. Yokker may refer the dispute to a Third-Party Dispute Service, for which the Users will have to pay a cost to Third-Party Dispute Service providers according to their terms and conditions. These terms and conditions will be made available on the request of one or both disputing parties, and any of the parties may invite the other parties to resolve their issue under a Third-Party Dispute Service.

18.8. Disputes with any Third-Party Service provider must proceed according to any dispute resolution process set out in their terms and conditions.

18.9. According to this clause, You acknowledge and accept that if Yokker provides You with any information about the other Users to resolve a dispute, You will not use that information for any other purpose except for the resolving of the dispute, and any costs, damages, losses, or liabilities suffered by Yokker due to the claims of any other usage of information that was not permitted by this clause, will be Your responsibility and liability towards Yokker.

18.10. If You have any complaints about Yokker’s Service, kindly contact us here.

19. Termination:

19.1. Yokker may terminate your account or automatically terminate this Agreement, at any given time.

19.2. The User reserves the right to close his/her Yokker account or terminate this Agreement, at any given time.

19.3. Agreement Termination will not affect the in-effect Service Contract in any way.

19.4. The conditions, terms and policies related to Third-Party Services are set by the Third-Party Service provider, and they alone have full authority over them.

19.5. The termination or expiration of this Agreement will not affect Section 4 (Fees), section 13 (Limitation of Liability), Section 18 (Mediation and Dispute resolution), or any other terms which, naturally, should continue to apply.

19.6. If for any reason, Your Yokker Account or this Agreement gets terminated and You make new Account on Yokker without Yokker’s consent, we may terminate any other Account that You operate, all of which will be done in absolute discretion.

20. General:

20.1. The laws of Your Country-Specific Terms govern this Agreement.

20.2. Any provision of this Agreement may be modified or severed at any time.

20.3. If any provisions of this Agreement are found invalid or unenforceable, Yokker reserves the right to remove those provisions without affecting the other provisions of the Agreement in any way.

20.4. This Agreement may be assigned or replaced by Yokker, without Your consent, to a third party. In such a case, the user will still be bound by this Agreement.

Copyrights Yokker 2020.

Appendix A

Service Contract Modal

A Service Contract comes into effect in accordance with the clauses of Yokker Agreement. All the terms used in this contract have definitions as written in the Yokker Glossary. Following are the terms of Service Contract between the Service Provider and Service Seeker unless specified otherwise:

1. Date and Term of Commencement of the Service Contract

1.1. The Service Contract immediately comes into effect when a Service Seeker accepts the Offer of a Service Provider on the Posted Service.

1.2. In case the Service Seeker uses the Direct Search feature, the Service Contract is created as soon as the Service Provider makes an Instant Claim.

1.3. Until the termination of the Service Contract according to clause 7, the Contract will stay in effect.

2. Services:

2.1. The Services must be performed by the Service Provider at the agreed location and time.

2.2. The Service Provider must perform the Services properly, efficiently and respectfully.

2.3. Both parties must oblige to the additional terms and conditions agreed between them following the creation of the Service Contract.

2.4. Both partiesmust agree that the Service Contract directly binds the Service Provider to personally perform the Services. Further extending the Services with a subcontract to any Third-Party is now allowed unless the Services Provider seeks permission from the Service Seeker, and he/she grants it.

2.5. Any acts or omissions of the Third-Party subcontractor will be a direct representation of the Service Provider and He/She will be called-in and asked-for for them by the Service Provider.

3. Guarantees and Warranties:

3.1. The accuracy of the information provided during the creation of a Service Contract is to be guaranteed by the Users.

3.2. The Service Provider guarantees that He/She (and any subcontractor He/She uses) has all the rights to work and provide Services by the law of that region and that He/She has all the licences required for it.

4. Payment or Cancellation:

4.1. The Service Seeker must pay the Yokker’s Request Fee with the creation of the Service Contract.

4.2. The Service Provider will notify the Yokker Platform once the Service has been completed.

4.3. The confirmation of the completion of the Service will be required from the Service Seeker. The Service Seeker must release the Provider Funds from the Payment Account once the Service Provider has completed the Service according to clause 2. Unless the Service Seeker pauses the payment for a Milestone Service in a Recurring Service according to Yokker’s User’s Agreement, the payment will automatically be released by Yokker for that Milestone Service to the Service Provider, from the Payment Account.

4.4. If the Service Contract is cancelled by the mutual agreement of both parties, or if the Service Seeker is unable to reach the Service Provider, the Provider Funds will be dealt with according to Yokker’s User’s Agreement.

5. Limitation of Liability:

5.1. The parties are not responsible for any Consequential Loss caused by or in connection to the Services, and any claims by any third-party or third-person or a Service Contract, even if the party causing the violation was aware that the loss, or damage, was possible, or predictable, except for the liability concerning the violation of a Non-Excludable Condition.

5.2. Except for a violation of Non-Excludable Condition, the legal responsibility of one party to another is capped at the Service Price.

6. Disputes:

6.1. In case of a dispute, the parties will be given a duration of 14 days to settle the dispute by direct negotiation (by phone, e-mail or otherwise).

6.2. The parties may refer the dispute to Yokker if they are unable to solve it according to clause 6.1, and they will act according to Yokker Agreement clause 18.

7. Contract Termination:

7.1. The termination of the Service Contract will take place when:

(a) The Service Price is released from the Payment Account upon the completion of the Services;

(b) At the election of a party, the other party is suspended or terminated from the Yokker’s Platform;

(d) Notified by Yokker following the party’s Yokker Agreement.

8. Application of Policies:

8.1. The Policies are incorporated by the parties, by reference.

9. Governing Law:

9.1. The Service Contract is bound by the laws of the jurisdiction where the Service Seeker posted the Service on Yokker’s Platform.

Copyrights Yokker 2020.

Yokker Glossary:

‘Agreement’ means the latest version of the Agreement between the User and Yokker(includes any new updates, modifications or removals).

‘Badge’ means an Yokker Badge or Verification Icon.

‘Busines Day’ means a day, other than Saturday, Sunday or any public holiday, on which banks are open for general business in the region where the User has His/Her Yokker Account.

‘Business Partner Contract’ means a contract made in order to perform Business Services between the Business Partner and the Service Provider.

‘Business Partner’ means the individual or business organization that, to get Business Services, come into an agreement with Yokker.

‘Business Services’ means the services that are received by a Business Partner to on-sell them to a third-party (like the Business Partner’s Customer) and are provided by a Service Provider.

‘Direct Search’ means an “Instant Booking” feature which allows Users to submit the details of the Service Request to Yokker according to which Yokker matches the potential Service Providers and leads the Service Seeker to them.

‘Cancellation Admin Fee’ means the fee to be paid to Yokker upon the cancellation of a Service Contract by the Service Seeker and/or the Service Provider and has a maximum amount of 22%.

‘Consequential Loss’ means any loss, damage or cost that can be recovered at law.

a) Not including the loss, damage, or cost suffered by any person in a situation similar to the person who suffered the loss, damage or cost before.

b) which is a loss of:

i) opportunity

ii) goodwill

iii) Profits

iv) expected savings, or business

v) data

vi) value of any equipment

Or any loss, damage or costs incurred or suffered in connection with conditions mentioned-above.

‘Fees’ means all fees that are required to be paid by the User to Yokker, inclusive of the Yokker’s Service Fee.

‘Identity Verification Services’ means the tools present for Users to verify other users’ identity, qualification, and expertise. It includes the verification of payment information, social media integration, references, Yokker Badges and Verification Icons, and mobile phone verification.

‘Instant Claim’ means an Offer acceptance by a Service Provider, using the Direct Search feature.

‘Marketing Material’ means any updates, news, promotions, flyers, codes, offers and discounts offered by Yokker or it’s Third-Party affiliates.

‘Milestone Service’ means the individual part of a Recurring Service that is to be performed by a Service Provider.

‘Non-excludable Condition’ means any implied condition, assurance or warranty in a contract whose exclusion will cause violation of the law or termination of any part of the contract.

‘Offer’ means offers made by both the Service Seeker using the Direct Search feature or by the Service Provider in response to a Service Request.

‘Payment Account’ means the account that the Payment Provider operates.

‘Payment Provider’ means the body that has been chosen by Yokker to run and operate the Payment Account and manage all the payments made to and taken from the Users.

‘Personal Information’ has the same meaning as stated in the Privacy Act 1988 (Cth).

‘Policies’ means the Community Guidelines and other policies present on the Yokker Platform.

‘Recurring Services’ means the same services (weekly, monthly or fortnightly) that a Service Seekers obtain from a Service Provider by using the Direct Search feature.

‘Reference’ means a feature which allows Users to Refer other Users to the Yokker Community.

‘Service Contract’ means the separate contract made between the Service Provider and the Service Seeker. Any eliminated or additional term particularly agreed will apply to the Service Contract, according to the Model Contract in Appendix A of the Agreement.

‘Service Seeker’ means the User who makes a request in search of specific Services on the Yokker Platform.

‘Service Request’ means the Servicer Seeker’s request, including the one made using the Direct Search feature, posted on the Yokker Platform, for Services. It includes the price and description of the Service required and its completion deadline.

‘ ServiceRequest Fee’ means the fee displayed to the Service Seeker before entering into a Service Contract. It is the fee charged to the Service Seeker for using Yokker’s platform and will be a part of the Service Price paid for the service.

‘Service Price’ means the decided price or variations in it, which is paid by the Service Seeker into the Payment Account for a Service, but it doesn’t include any amount the Service Seeker agrees to repay to the Service Provider for any cost He/She suffered from while completing the Service.

‘Service Provider’ means the User who provides Services to the Service Seekers.

‘Provider Funds’ means the price after the Yokker’s Service Fee is deducted from the Service Price.

‘Provider Service Fee’ means the fee displayed to the Service Provider before entering into a Service Contract. It is the fee charged to the Service Provider for using Yokker’s platform and will be a part of the Service Price paid for that service.

‘Third-Party Dispute Service’ means a third-party dispute resolution provider used to settle the disputes between the Users.

‘Third-Party Service’ means the links and promotions of services shown on the Yokker Platform that are offered and provided by third parties.

‘Yokker’ means ‘us’, ‘we’, ‘our’, the Yokker[write your full name]

‘Yokker Badge’ means the badge that Yokker issues to a User when the User fulfils the certain requirements or holds certain qualifications set by Yokker, including Verification Icons.

‘Yokker Platform’ means Yokker’s website [add Your website link], mobile application, and any other platforms that Yokker may introduce in the future.

‘Yokker’s Service Fee’means the costs it takes to maintain and deliver the services provided on the Yokker Platform.

‘User’ or ‘You’ or ‘He/She’ means the individual who has registered on the Yokker Platform with the aim of being a Service Provider, Service Seeker, or otherwise.

‘Verification Icons’ means the confirmation posts on Yokker Platform to verify User’s educational, occupational and work experience details or other skills, and the icons which are displayed on the User Id.

Rules of Interpretation:

In the Yokker Agreement and all of its Policies, except the ones where the context suggests otherwise:

a) the singular includes the plural and plural includes singular;

b) a gender includes all genders;

c) the different grammatical forms of the words have the same meaning;

d) any reference to a document, instrument or feature means the latest updated version of it.

e) the currency to be applied should be the currency [write your currency]

f) any reference to a person includes an individual, organization, associates, business partners, government personalities or authorities, local agencies or any other entity;

g) any reference to the law, code or ordinance includes the amendments, re-enactments or replacements as well as other rules and regulations that come under it;

h) Similar expressions or examples in no way restrict the meaning of general words;

i) Headings are used to merely make the Terms and Conditions easily skimmable for reference, and have no other significance;

j) Any agreements, amenities or favours mentioned in the Agreement are for the benefit of all the parties (including where multiple people are referenced with the same defined term), collectively or individually; and

k) the rule of construction does not apply to cause any trouble or disadvantage to a party because that party was responsible for making the agreement, or a part of it.