TERMS AND CONDITIONS
This Agreement was last revised on January 1st, 2022
TERMS AND CONDITIONS
IV. INTRODUCTION AND SCOPE
VI. ABOUT OUR SERVICE
VII. SUBMITTING A SERVICE REQUEST
VIII. MODIFICATIONS TO THE SERVICE
X. USER CONTENT
XI. PAYMENT AND REFUND
XII. GEOGRAPHIC RESTRICTION
XIII. CUSTOMER RESPONSIBILITIES
XIV. GENERAL CONDITIONS
XV. EXCLUSION OF LIABILITY
XVI. NO RESPONSIBILITY
XVIII. THIRD PARTY LINKS
XX. ERRORS, INACCURACIES AND OMISSIONS
XXI. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
XXII. COPYRIGHT AND TRADEMARK
U-plumber (“Web and mobile application”) welcomes you.
“Service” or “Services” denotes any service shown below, which we may offer from our application.
“User”, “You” and “your” denotes to the person who is accessing the application for taking or availing any service from us;
“Customer” refers to the users, accessing application for submitting a service request and accepting an offer from service provider;
“Service Provider” or “Plumber” refers to the users registered with the application for offering various plumbing service types to the customers through the application;
“We”, “us”, “our” and “Company” are references to U-PLUMBER;
”Web application and mobile App” shall mean and include www.u-plumber.com, mobile-application(“App”) and any successor Web application of the Company or any of its affiliates;
"User Account” shall mean an electronic account opened for the customer for availing various services offered in the application;
All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".
Words used herein regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires.
Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.
IV.INTRODUCTION AND SCOPE
Scope. These Terms govern your use of the application and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Services, which are governed by their own terms of service.
Eligibility: Certain Service of the application is not available to minors under the age of 18 or to any users suspended or removed from the system by us for any reason.
Electronic Communication: When you use this application or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.
At U-Plumber, we provide you a meticulously designed web application and mobile application that serves as a software service platform to help plumber in finding a customer in real-time. At the same time, this platform will also help the customer find a good plumber at a reasonable labor cost only. For a service provider, it will help in the generation of leads. Hence, this app is designed to help Customers, Plumbers, and Business Owners. This app will provide the customer variety of options to choose from the list and, also provide an estimate of the reasonable cost of work. This Platform is 100% transparent and allows the Plumber to change the price of service.
We act as an aggregator which makes it possible for potential customers seeking on-demand services and submit a request through its application.
VI.ABOUT OUR SERVICE
We act as an aggregator and provide you various Providers of services that has been designed to save you time and money. We strive to provide you with the information you need to make an informed choice on which provider of service best suits your needs.
VII. SUBMITTING A SERVICE REQUEST AND ACCEPTING AN OFFER
A Service Request is submitted by customer. The application will directly publish the request without disclosing contact information to near service providers. Providers will be able to view only what kind of service type with a brief description of the problem, requester name and city. Providers may respond by making an offer with the estimated work hours and the hourly rate charge. Unless the customer had selected the "Auto accept the 1st offer" option, the provider has to wait till the customer accepts the offer.
Once the customer has accepted the offer then the provider can pay for the lead. After the lead payment is complete. Customer full contact information will be disclosed to provider. Both parties may communicate via phone, text or email.
VIII.MODIFICATIONS TO THE SERVICE
We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of Changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to Web application.
For accessing the application and using its Resources, you may be required to provide specific information and to create a user ID and password to establish an account.
In the process of registration, you will be asked to verify your phone number and email address via our verification code system. This is to make sure that all contact information is accurate. The false contact information is not allowed.
You accept that the details you provide in relation to establishing an account is correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.
The application permits you to share content, post comments, feedback etc. (“content”) but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.
When posting content to the application, please do not post content that:
contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature
is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims
violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community
discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law
violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance
transmits viruses or other harmful, disruptive or destructive files
sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects
Information or data which are unlawfully obtained
Any submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to Web application without advanced notice.
XI.PAYMENT AND REFUND
U-Plumber matching request and provider service is free for customer.
U-Plumber will charge a lead fee to a provider who get an accepted offer.
Provider needs to purchase credit balance and use that credit to pay for the lead.
Before provider responds to any service request, the lead fee will be disclosed ahead of time. By responding to a request, provider agrees to pay for that lead fee if customer accept the offer.
Payment mode shall be: Online: Credit Cards and Debit cards;
Accepted cards are: Visa/ MasterCard / American Express /Debit cards are accepted if they have a Visa or MasterCard logo.
U-Plumber are not responsible any payment that plumber may collect from customer.
Provider may request a refund of the lead fee if you have a proof that you could not contact customer after receiving the lead. The lead fee amount will be credited back on your account.
Purchasing lead and resell the lead from our platform are not allowed. Please notify us as soon as possible if you suspect of a such activity.
We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
We take customer feedback very seriously and use it to constantly improve the quality of service.
We reserve the right, to limit the usage or supply of any service to any person, geographic region or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on application is invalid where banned.
You shall use our Service and application for a lawful purpose and comply with all the applicable laws while using the application;
You shall not upload, any content on the application that:
Defamatory, infringes any trademark, copyright or any proprietary rights of any person or affect any one’s privacy, contain violence or hate speech, including any sensitive information about any person.
You shall not use or access the application for collecting any market research for some competing business;
You shall not misrepresent or personate any person or entity for any false or illegal purpose;
You shall not use any virus, hacking tool for interfering in the operation of the Web application or data and files of the application;
You will not use any device, scraper or any automated thing to access the application for any purpose without taking permission from us.
You will inform us about anything is inappropriate or you can inform us if you find something illegal in the Web application;
You will not interfere with or try to interrupt the proper operation of the application through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the application through hacking, password or data mining, or any other means;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the application;
You will not take any action that levies or may levy (in our sole decision) an unreasonable or unreasonably big load on our technical arrangement; and
You will let us know about unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the application or any service, or any portion of the Web application or our service, without notice, and to remove any content.
We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
The application is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service.
You further acknowledge and agree that we have no obligation whatsoever to furnish any maintenance and support services with respect to the App.
In the event of any failure of the application to conform to any applicable warranty, including those implied by law, you may notify us of such failure; upon notification, our sole warranty obligation to you will be to refund to you the purchase price, if any, of the Web application.
You agree that we will not be liable or responsible for the resulting effect a Plumber’s refusal to render services to you, may have on you.
XV.EXCLUSION OF LIABILITY
You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a user through the use of the Web application Web application including loss of data or information or any kind of financial or physical loss or damage.
In no event shall URANIUMSOFT CORPORATION, nor its owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
We are not responsible to you for:
any reliance that you may place on any material or commentary posted on application. Please note that nothing contained in application or the material published on it is intended to amount to advice on which you should rely; or
any losses you suffer because the information you put into application is inaccurate or incomplete; or
any losses you suffer if you misrepresent any fact which may influence the Plumber’s decision to accept the risk or the terms offered; or
any losses you suffer because you cannot use application at any time; or
any errors in or omissions from our application; or
any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our application; or
any unauthorized access or loss of personal information that is beyond our control.
You release us and our successors from all losses, damages, rights, and demands and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arising from your use of the Services (collectively, “Claims”).
XVIII.THIRD PARTY LINKS
The Web application may comprise links to external or third-party Web applications (“External Sites”). These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate the site administrator of those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measure(s) when you are downloading files from all these Web applications to safeguard your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.
XX.ERRORS, INACCURACIES AND OMISSIONS
Every effort has been taken to ensure that the information offered on Web application is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the application will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the application and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
XXI.DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEB APPLICATION WILL OPERATE ERROR-FREE OR THAT THE WEB APPLICATION, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEB APPLICATION OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES.
THE APPLICATION MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEB APPLICATION. THE APPLICATION MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE WEB APPLICATION DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEB APPLICATION AT ANY TIME WITHOUT NOTICE.
XXII. COPYRIGHT AND TRADEMARK
The application contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be possessed (controlled?) by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no rights to use the content, and you will not take any Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other web application or in a networked computer environment for any purpose is expressly prohibited.
If you infringe any part of this Agreement, your permission to access and/or use the Content and the application automatically terminates and you must immediately destroy any copies you have made of the Content.
Our trademarks, service marks, and logos used and displayed on the Web application are registered and unregistered trademarks or service marks of us. Other company, product, and service names located on the application may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Web application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for each and every instance.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Web application. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
Term. The Services will be provided to you can be cancelled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.
Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.
This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement.
GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed in accordance with the law of the United States of America and the State of California without giving effect to any principles of conflicts of law. The courts of the State of California shall have exclusive jurisdiction over any dispute arising from the use of the Web application.
We will have no liability to you, your users, or any third party for any failure to perform our or its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.
The Company shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates and group companies, without any consent of the User.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org