Terms and Conditions
- Ohhpro As An Online Marketplace
- Ohhpro connects Customers & Jobbers
- Contract Between Customers & Jobbers
- Background Checks For Jobbers
- User Representations & Warranties
- Use Of Ohhpro Platform In Public Areas
- User Generated Content
- Billing & Payment
- Promotional Codes & Gift Cards
- Account, Password, Security, and Telephone Communications
- Ohhpro's access control policy for User Information
- Mobile App Updates and Upgrades
- Deactivation and Suspension
- Links to Third-Party Websites
- No Rights of Third Parties
- Intellectual Property Rights
- Confidential Information
- Copyright Complaints and Copyright Agent
- Changes to the Agreement
- Acknowledgement and Consent
These Terms of Service constitute a legally binding agreement between you and Ohhpro Technologies, governing your use of the Ohhpro Platform. Ohhpro’s website (www.ohhpro.com), mobile applications (the “Apps”), and related services, information and communications are collectively referred to as the “Ohhpro Platform.”
If you do not agree to be bound by this ‘Agreement’ and abide by its Terms, you may not use or access the Ohhpro platform. By acknowledging the Terms of Service and/or using the Ohhpro platform, you expressly acknowledge that you have read, understand and agree, without limitation or qualification, to be bound by this ‘Agreement’ and you accept all of its
Ohhpro As An Online MarketplaceOhhpro operates as an online marketplace that connects Clients with service providers (Jobbers) who wish to perform a variety of Jobs. Ohhpro does not perform Jobs and does not employ people to perform Jobs. Jobbers operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for Clients through the Ohhpro Platform. Ohhpro does not control or direct the Jobber’s performance of their services or set their work locations or work hours. Ohhpro provide services under their own name or business name, and not under Ohhpro’s name. Jobbers provide their own tools and supplies to perform their services; Ohhpro does not provide the tools or supplies. Jobbers are free to maintain a clientele without any restrictions from Ohhpro and are free to offer and provide their services elsewhere, including through competing platforms. Ohhpro does not set Jobber’s hours or terms of work. Jobbers are free to accept or reject Clients and contracts. Jobbers are not penalized for rejecting Clients or contracts, though if Jobbers accept a Client or contract through the Ohhpro Platform, they are expected to fulfill their contractual obligations. Jobbers set their own rates for services performed in the Ohhpro general marketplace, without deduction by Ohhpro. The Ohhpro Platform is not an employment agency service or business and Ohhpro is not an employer of any User. Jobbers acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Jobs and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
Ohhpro Connects Customers & Jobbers
The Ohhpro Platform is a web-based communications platform which enables connections between Customers and Jobbers. “Customers” are individuals and/or businesses seeking to obtain short-term services from Jobbers and are therefore clients of Jobbers, and “Jobbers” are businesses seeking to perform Jobs for Customers. Customers and Jobbers together are hereinafter referred to as “Users.” If you agree on the terms of a Job with another User, you and such other User form a Service Agreement directly between the two of you.
Jobbers are independent service providers and not employees, partners, representatives, agents, joint ventures, independent contractors or franchisees of Ohhpro. Ohhpro does not perform Jobs and does not employee individuals to perform jobs. By connecting people and business seeking services with service providers, Ohhpro operates as an online marketplace that connects clients with service providers (Jobbers) who wish to perform a variety of services. Users hereby acknowledge that Ohhpro does not supervise, scope, direct, control or monitor a Jobber’s work and expressly disclaims (To the extent permitted by law) any responsibility and liability for the work performed and the jobs in any manner, including but not limited to a warranty or condition of good and workmanlike services, warranty or condition of quality or fitness for a particular purpose, or compliance with any law, statue, ordinance, regulation, or code.
Any reference on the Ohhpro Platform to a Jobber being licensed or credentialed in some manner, or “reliable,” “reliability rate,” “great value,” "background checked," “vetted” (or similar language) designations indicates only that the Jobber has completed a relevant account process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Ohhpro of such Jobber’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Jobbers whom they contact or interact with via the Ohhpro Platform.
The Ohhpro Platform enables connections between Users for the fulfilment of services. Ohhpro is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Jobs, Jobbers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. Ohhpro makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the jobs requested or services provided by, or the communications of or between, Users identified through the Ohhpro Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
Contract Between Customers & Jobbers
You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of a Job. The terms of the Service Agreement include, the engagement terms proposed and accepted on the Ohhpro Platform, and any other contractual terms accepted by both the Jobber and their Client to the extent such terms do not conflict with the terms in this Agreement, and do not expand Ohhpro’s obligations or restrict Ohhpro’s rights under this Agreement. Ohhpro is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between Ohhpro and the Jobber, nor will it create an employment relationship between the Client and the Jobber. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Ohhpro. Ohhpro’s role, beyond enabling connections between Clients and Jobbers via it’s web-based communications platform, is to act as a limited payment collection agent for the Jobber to facilitate payment for Jobs on behalf of the Jobbers through the Ohhpro Platform. In acting as the limited payment collection agent for Jobs on the Ohhpro Platform, Ohhpro disclaims any other agency or authority to act on behalf of the Jobber, and assumes no liability or responsibility for any acts or omissions of the Jobber, either within or outside of the Ohhpro Platform.
While using the Ohhpro Platform, Clients, in their sole discretion, determine whether they will be present or not when a Job is performed. Clients who elect not to be present when a Job is performed agree that if someone other than them books the Job on their behalf or is present when the Job is performed, they are appointing that person as their agent (“Client’s Agent”) and the Jobber may take and follow direction from the Client’s Agent as if such direction was given from the Client him or herself. If you are a Client’s Agent and accessing and using the Ohhpro Platform on behalf of a Client, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. Client assumes full and sole responsibility for the acts and omissions of Client’s Agents. The Client shall pay their Jobber(s) in full for all Task services via the PSP as indicated on the Ohhpro Platform, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Job.
Background Checks For Jobbers
Users may be subject to a review process before they can register for and during their use of the Ohhpro Platform, which may include but is not limited to: identity verification, right to work checks, and criminal background checks, using third party services as appropriate (“Background Checks”). Although Ohhpro may perform Background Checks, Ohhpro cannot confirm that each User is who they claim to be, and Ohhpro cannot and does not assume any responsibility for the accuracy or reliability of Background Check information. When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Ohhpro will not be liable for any false or misleading statements made by Users of the Ohhpro Platform.
Neither Ohhpro, nor its parents, affiliates or licensors, including their respective directors, officers, shareholders, agents, investors, subsidiaries, attorneys, representatives, insurers, employees, successors and assigns (Collectively referred to as “AFFILIATES”) is responsible or liable for the conduct, acts, or omissions, whether online or offline, of any user of the Ohhpro platform, and to the extent permitted by law, you hereby release ohhpro and affiliates from any and all liability, claims, demands, or damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Ohhpro Platform
User Representations & Warranties
All Users represent and warrant that:
- You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for India based users), and are otherwise capable of entering into binding contracts;
- You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
- You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Job or any interaction by or with any User and/or Ohhpro in connection with the Ohhpro Platform without the prior written consent of Ohhpro and/or the relevant User, as applicable;
- You will fulfil the commitments you make to other Users, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Jobber or Client as the case may be, and only utilize the third party payment service provider specified or approved by Ohhpro to make or receive payment for services provided through the Ohhpro Platform;
- You will act professionally and responsibly in your interactions with other Users;
- You will use your real name or business name and an up-to-date photo on your profile;
- When using or accessing the Ohhpro Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
- You will not use the Ohhpro Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
- Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
- Other than as fully and promptly disclosed in writing to Ohhpro, you do not have any motivation, status, or interest that Ohhpro may reasonably wish to know about in connection with the Ohhpro Platform, including without limitation, if you are using or will or intend to use the Ohhpro Platform for any journalistic, academic, investigative, or unlawful purpose.
Jobbers additionally represent and warrant that
- When using the Ohhpro Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
- You are customarily engaged in an independently established business of the same nature as the services performed for Clients through the Ohhpro Platform, and maintain an independent clientele;
- You have the unrestricted right to work in the jurisdiction in which you will be performing jobs;
- If the Job is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
- You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Jobs;
- You have any and all insurance required to operate your business and provide your services;
- You will honour your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Job(s) as agreed upon with your Client; and providing timely, high-quality services to your Clients
- You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws
Use Of Ohhpro Platform In Public Areas
The Ohhpro Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Ohhpro Platform, you should not share your personal contact information with other Users.
Without limitation, the Ohhpro Platform may not be used for any of the following purposes:
- To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Ohhpro staff;
- To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
- To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Ohhpro;
- To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, time bombs, cancel bots or any other files or software that may damage Ohhpro or its Users’ computers;
- To advertise or offer to sell any goods or services for any commercial purpose through the Ohhpro Platform which are not relevant to the job services;
- To conduct or forward surveys, contests, pyramid schemes, or chain letters;
- To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments;
While using the Ohhpro Platform, you may not:
- Use the Ohhpro Platform for any unauthorized or illegal purpose, including but not limited to posting or performing a Job in violation of local, state, provincial, national, or international law;
- Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;
- Post the same Job repeatedly (“Spamming”);
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Ohhpro Platform;
- Restrict or inhibit any other User from using and enjoying the Public Areas;
- Imply or state that any statements you make (whether on or off the Ohhpro Platform) are endorsed by Ohhpro, without the prior written consent of Ohhpro;
- Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Ohhpro Platform, or the electronic addresses or personal information of others, in any manner;
- Frame or utilize framing techniques to enclose the Ohhpro Platform or any portion thereof;
- Hack or interfere with the Ohhpro Platform, its servers or any connected networks;
- Adapt, alter, license, sublicense or translate the Ohhpro Platform for your own personal or commercial use;
- Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Ohhpro and Affiliates;
- Upload content to the Ohhpro Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
- Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
- Use the Ohhpro Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Ohhpro Platform as set forth herein;
- Use the Ohhpro Platform to collect usernames, email addresses, or other personal information of Users by electronic or other means;
- Use the Ohhpro Platform or the Task services in violation of this Agreement;
- Use the Ohhpro Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining Ohhpro’s trade secret information for public disclosure or other purposes;
- Attempt to circumvent the payments system or service charge or platform fee in any way including, but not limited to, making or processing payments outside of the Ohhpro Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
- Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
- Cause any third party to engage in the restricted activities above; or
- Use tools with the goal of masking your IP address.
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Ohhpro will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
User Generated Content
“User Generated Content” is defined as any information and materials you provide to Ohhpro, its corporate partners, or other Users in connection with your registration for and use of the Ohhpro Platform and participation in Ohhpro promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Ohhpro is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Ohhpro has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.
You hereby represent and warrant to Ohhpro that your User Generated Content
- will not be false, inaccurate, incomplete or misleading;
- will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items;
- will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Job is performed);
- will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy);
- will not be defamatory, libellous, malicious, threatening, or harassing;
- will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors;
- will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- will not claim or suggest in any way that you are employed or directly engaged by or affiliated with Ohhpro or otherwise purport to act as a representative or agent of Ohhpro ;
- Will not create liability for Ohhpro or cause Ohhpro to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.
The Ohhpro Platform hosts User Generated Content relating to reviews and ratings of specific Jobbers (“Feedback”). Feedback is such User’s opinion and not the opinion of Ohhpro, and has not been verified or approved by Ohhpro. You agree that Ohhpro is not responsible or liable for any Feedback or other User Generated Content. Ohhpro encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Ohhpro is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such feedback. You may request removal of a review that violates this Agreement or the Ohhpro by contacting the Support team. Each Client should undertake their own research to be satisfied that a specific Jobber has the right qualifications for a Job. Ohhpro respects the personal and other rights of others, and expects Users to do the same. Ohhpro is entitled to identify a User to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.
Billing & Payment
Users of the Ohhpro Platform contract for Jobs directly with other Users. Ohhpro will not be a party to any contracts for jobs or services. Payment for services through the Ohhpro Platform is made directly from the customer to the jobber via the PSP, and not by Ohhpro. Ohhpro is not obligated to compensate Jobber for Customer’s failure to pay for services. The Job Payment, service charge, and platform fee must be paid through the PSP. Users of the Ohhpro Platform will be required to provide their payment method details to Ohhpro and the PSP. Jobbers are responsible for accurately invoicing their Clients after completion of every job; hence the customers are obliged to make the payment within 24 hours of the invoice raised.
Customers will be responsible for paying the invoice(s) for each Job, which will include (i) the pricing terms of the Job provided by the Jobber and agreed upon by the parties (ii) any out of pocket expenses agreed upon by the parties and submitted by the Jobber in connection with the Job, (iii) the service charge Ohhpro assesses to the Customer as payable for the use of the Ohhpro Platform, and (iv) the platform fee (sometimes referred to as Trust & Support Fee) Ohhpro assesses to the Customer, which is used to offset Ohhpro’s cost of providing Users with customer support, and other various business objectives, or (vi) cancellation fees, if applicable. In addition, a tip or gratuity, as applicable, may be added by the Client or at the Client’s direction to the Invoice(s) and all such tips or gratuities shall go directly to the Jobber. Customers may also be charged credit card processing fees up to 3% of the aggregate expense amount if expenses related to a Job individually, as applicable in your country.
Jobbers will be responsible for paying (i) registration fees, if applicable, (ii) cancellation fees, if applicable, and (iii) repayment of erroneous payments. Jobbers will be required to set up an account with the PSP, which may require any or all of the following: registration with the PSP, agreement with the terms of service of the PSP (the “PSP Services Agreement”), and completion of a vetting process and/or account validation at the request of the PSP. By accepting these Terms of Service, each Jobber agrees that they have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that Ohhpro is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Ohhpro has no obligations, responsibility or liability to any Jobber or other party under the PSP Services Agreement.
To help prevent fraud and safeguard User information from the risk of unauthorized access, Ohhpro and/or the PSP may validate an account before activation and prior to each booking. As part of the validation process, temporary charges may be placed on the account associated with the User and then refunded within 1-3 business days. Due to the difference in PSP and credit card issuer requirements, this temporary charge may vary depending on the estimated value of the Job and expenses. When Customers receives confirmation through the Ohhpro Platform or via email that a Job has been completed, Client automatically authorizes the PSP to process the Invoice(s). Users may be billed a one-hour cancellation fee at the Jobber’s hourly rate through the PSP if you book (or accept) a Job, but cancel it before (or fail to appear upon) the scheduled time for performance.
Ohhpro reserves the right (but not the obligation) upon request from Client or Jobber, or upon notice of any potential fraud, unauthorized charges or other misuse of the Ohhpro Platform, to (i) place on hold any Job Payment, out of pocket expenses, and/or tip or gratuity (if applicable) or (ii) refund or provide credits, or arrange for the PSP to do so. Users of the Ohhpro Platform will be liable for any taxes (including VAT/GST/both, if applicable in the country where the Task is performed) required to be paid on the Tasks provided under the Agreement.
Promotional Codes & Gift Cards
Ohhpro may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of Ohhpro, and can be implemented, modified, or removed at any time by Ohhpro without advance notification. The liability of Ohhpro and Affiliates, as well as any of Ohhpro’s corporate partners pursuant to such promotional opportunities and contests, shall be subject to the limitations. Ohhpro’s gift cards (“Gift Cards”) and promotional codes (“Promo Codes”) may be available and can be used to pay Job Payments and Ohhpro service charge and platform fee in part or in full, but may not be used to pay for reimbursement of out of pocket expenses or tips or gratuity associated with a Job provided through the Ohhpro Platform.
Promo Codes are an offer by Ohhpro to reduce the amount a Client has to pay in relation to a Service Payment, service charge, and/or platform fee. Promo Codes will not affect the amount of the Job Payment a Jobber ultimately receives. The use or application of any Promo Code is solely intended as a promotional initiative and does not in any way create a relationship or engagement between Ohhpro or the Jobber or Client, or constitute wages, fees or other amounts paid to the Jobber by Ohhpro. You agree that you will use Promo Codes in accordance with the terms and conditions governing the Promo Code. A new user Promo Code may only be used once by any User, regardless of the email address used during registration. Ohhpro reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by you or any other User in the event that the use or redemption of a Promo Code was in error, fraudulent, illegal, or otherwise in violation of the applicable Promo Code terms and conditions or this Agreement.
Gift cards can only be used in connection with Jobs performed on the Ohhpro Platform, are not replaceable if lost or stolen and have no expiration date. Gift cards have no cash value and cannot be exchanged for cash except as required by law. Gift Cards must be entered directly into the Client account; they may not be directly accepted by Jobbers as a payment method.
A Gift Card cannot be combined with any other Gift Cards, gift certificates or Promo Codes. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” (or add value/balance) to your Gift Card at this time. If a Gift Card holder’s purchase exceeds the amount of that Gift Card’s balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. Ohhpro reserves the right to correct the balance of a Gift Card if Ohhpro believes that a billing error has occurred. Ohhpro reserves the right to limit quantities of Gift Cards purchased by any person or entity, and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means. Gift Cards and their use are subject to this Agreement, and use of a Gift Card constitutes acceptance thereof.You agree to comply with all Gift Card terms and conditions.
Account, Password, Security, & Telephone Communications
You must register with Ohhpro and create an account to use the Ohhpro Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Ohhpro for accessing the Ohhpro Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. Ohhpro has no control over the use of any User’s account and expressly disclaims any liability derived there from. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to notify Ohhpro immediately.
You acknowledge that telephone calls to or from Ohhpro, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training. You verify that any contact information provided to Ohhpro, our agents and affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify Ohhpro before the change goes into effect by visiting support team.
Ohhpro's access control policy for User Information
“User Information” is defined as any information (in terms of contact details, personal documents, audio and video file, or image) you provide to Ohhpro, in connection with your registration for and use of the Ohhpro Platform. Ohhpro may have access to this information based on but not limited to the below features; a) security alert feature in case of medical emergency (the user can select any contact list from the phone directory) b) ohhpro social feature (image, video, and audio file sharing option on the private social forum) c) document file upload (uploading any personal document in the ohhpro app to save as a document repository; in any case, if the user lost or misplaced any document that can be retrieved/downloaded from the app account) d) advance visitor appointment (access to contact list of the users to schedule or send appointment requests to the visitor's device).
Ohhpro does not claim any rights on the user information or take responsibility of any lost or copy right infringement issues related to any of the user content.
Mobile App Updates & Upgrades
Deactivation & Suspension
Ohhpro may suspend your right to use the Ohhpro Platform pending its investigation of a potential breach by you of this Agreement. Ohhpro may deactivate your account or limit your use of the Ohhpro Platform upon its determination that you breached a provision of this Agreement (a “User Breach”). Ohhpro will provide you with written notice of its determination. If Ohhpro suspends or deactivates your account or limits your use of the Ohhpro Platform, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Even after your right to use the Ohhpro Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. Ohhpro reserves the right to take appropriate legal action pursuant to the Agreement. Ohhpro reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Ohhpro Platform at its sole discretion. Ohhpro will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Ohhpro shall not be liable to you for any modification or discontinuance of all or any portion of the Ohhpro Platform. Ohhpro has the right to restrict anyone from completing registration as a Jobber if such person may threaten the safety and integrity of the Ohhpro Platform, or if such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the Ohhpro Platform and deactivating your account. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the Ohhpro Platform.
Links to Third-Party Websites
The Ohhpro Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Ohhpro or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Ohhpro Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Ohhpro does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Ohhpro is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Ohhpro has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Ohhpro Platform at its sole discretion.
The use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Ohhpro expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Ohhpro Platform. You hereby agree to hold Ohhpro harmless from any liability that may result from the use of links that may appear on the Ohhpro Platform.
As part of the functionality of the Ohhpro Platform, you may link your account with online accounts you may have with third party social networking service providers (such as Facebook or Google) (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Ohhpro Platform; or (ii) allowing Ohhpro to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Ohhpro and/or grant Ohhpro access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Ohhpro to pay any fees or making Ohhpro subject to any usage limitations imposed by such third-party service providers. By granting Ohhpro access to any Third-Party Accounts, you understand that (i) Ohhpro may access, make available and store (if applicable) your public profile that you have provided to and stored in your Third-Party Account so that it is available on and through the Ohhpro Platform via your Ohhpro account, including without limitation any friend lists, and (ii) Ohhpro may submit to and receive additional information from your Third-Party Account to the extent specified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information or personal data that you post to your Third-Party Accounts may be available on and through your account on the Ohhpro Platform. Please note that if a Third-Party Account or associated service becomes unavailable or Ohhpro’s access to such Third-Party Account is terminated by the third-party service provider, then it may no longer be available on and through the Ohhpro Platform. You will have the ability to disable the connection between your account on the Ohhpro Platform and your Third-Party Accounts at any time, by revoking permissions in the account settings of your Third-Party Account.
No Rights of Third Parties
The provisions of this Agreement are for the sole benefit of the Parties and their successors and permitted assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights) or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that a Client’s Agent may act in the name of and on behalf of his/her Client.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including ohhpro designs, trademarks, and logos (collectively “Proprietary Material”) that Users see or read through the Ohhpro Platform is owned by Ohhpro, excluding User Generated Content, which Users hereby grant Ohhpro a license to use as set forth above in Article 10. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Ohhpro owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Ohhpro Platform without Ohhpro’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited. The service marks and trademarks of Ohhpro, including without limitation Ohhpro, Ohhpro for Good, and associated logos, are service marks owned by Ohhpro. Any other trademarks, service marks, logos and/or trade names appearing via the Ohhpro Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Ohhpro and agree that you will not, for the lifetime of your account on Ohhpro plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the Ohhpro Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify Ohhpro in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to Ohhpro promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of Ohhpro’s trade secrets, confidential and proprietary information, and all other information and data of Ohhpro that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to Ohhpro or Ohhpro’s business, operations or properties, including information about Ohhpro’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
You hereby agree to indemnify, defend, and hold harmless Ohhpro and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the Ohhpro Platform; (ii) your participation in Tasks, or your ability or inability to perform or obtain the performance of Tasks or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in Section 2; (vi) any content submitted by you or using your account to the Ohhpro Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) if you are a Client, the acts or omissions of any Client’s Agents. Ohhpro reserves the right, in its own sole discretion, to assume the exclusive defence and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Ohhpro.
Jobbers alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Jobs. Indeed, certain types of Jobs and services may be prohibited altogether, and it is the responsibility of Jobbers to avoid such prohibited Jobs and services. Penalties may include fines or other law enforcement. If you have questions about how national/ state/ provincial/ territorial and local laws apply to your Jobs and services on the Ohhpro Platform, you should first seek appropriate legal guidance.
Because Ohhpro does not supervise, scope, direct, control, or monitor a Jobber’s work or performance of Jobs, Clients must determine for themselves whether a Jobber is qualified to perform the specific Job at hand. Clients may wish to consult their national/state/provincial/territorial or local requirements to determine whether certain Jobs are required to be performed by a licensed or otherwise registered professional. Clients may also wish to discuss with their Jobber any specific hazards, obstacles, or impediments in the Job location (both visible and concealed) that may impact the performance of the Job.
Changes To The Agreement
Acknowledgement & Consent