BOOTS & LADDERS LLC PLATFORM TERMS OF SERVICE
At Boots & Ladders LLC, we focus on two things – getting customers the best results possible, and letting tradesmen keep their hard-earned cut. With a merit-based marketplace, you can be assured that we have your best interests at heart!
These TERMS AND CONDITIONS (“Terms”) set out the rights and obligations of all users (“You”) regarding the use of this BOOTS & LADDERS LLC’ (“Company”) Platform. By placing an order (for Buyer) or submitting gigs (for Seller) on the Company’s Platform, you represent and warrant that you have the authority to be bound to these Terms.
BOOTS & LADDERS’ PLATFORM
Boots & Ladders LLC’s Role
The Company, through its Platform, provides the Company’s Sites, Tools, and Services to make Sellers’ gigs available to Buyers.
All transactions with Buyers are between the Seller and the Buyer.
The Company is not a party to any transactions although the Company will provide its Services in connection with the transactions as expressly set forth in Section 7 of these terms.
You acknowledge and agree that the Company may contract with third party service providers to provide its Services, management software and other services for the Platform.
Changes to Terms
The Company may change these Terms or any Policies at any time in its sole discretion.
You are responsible for reviewing such postings and any applicable changes.
Your continued participation in the Platform, using any of the Company’s Services, or using any of the Company’s Tools constitutes your acceptance of such changes.
If you do not agree to any posted changes, do not continue to use the Company’s Platform, the Company’s Services, or the Company’s Tools.
You understand that from time to time the Company’s platform may be inaccessible or inoperable for any reason, including, without limitation, because of:
periodic maintenance procedures or repairs which the Company may undertake from time to time; or
causes beyond the control of Company or which are not reasonably foreseeable by Company.
You must login with an existing account or complete the Site registration process to create an account with a username and password (the “Account”) to make full use of the Platform.
You may not share your password with anyone except authorized employees.
You must always provide accurate, current, and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness.
Any use of the Site through your Account will be deemed as being used by you.
The Company is entitled to rely on the contact and other information that is supplied to us through your Account.
Your Account is NON-TRANSFERABLE and NON-ASSIGNABLE.
You have the right to cancel your registration.
NON-PERMITTEN USAGE/ USAGE BY MINORS
This Platform is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because the Company cannot prohibit minors from accessing the Site, the Company must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase.
By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.
You are prohibited from uploading or posting anything that falls in the following category:
Sexually explicit, pornographic content and other content of a violent nature
Content that has language which may be easily deemed offensive
Defamatory and libellous content
Content that transmits spam
Discriminatory content that propagates vices like racism and sexism
Content that infringes on any third-party rights
Content that has malicious software and viruses
Content that provides commercial information on other Platforms
OWNERSHIP OF INFORMATION
You shall retain all rights and interests to every information you provide in the Platform.
You grant the Company permission to use all content including photos, contents, data, and images for advertising the Company’s platform and for the Company’s analytics.
The Company shall NOT sell Your data to any third party.
ORDER PROCESS & FULFILLMENT
All transactions with Buyers are between the Seller and the Buyer.
Buyers will place orders using the Company’s checkout system and the Company will collect all proceeds from such transactions on the Seller’s behalf.
The Seller hereby authorizes the Company as your authorized agent to accept payment from Buyers for remittance to you for the Services, and as such when a Buyer pays the Company, it shall be construed as if the Buyer will be paying you.
The Buyer shall never be at risk of loss of funds upon payment to the Company on the Seller’s behalf.
The Company will electronically transmit to the Seller the Order information that the Company determines is necessary to fulfill each Order.
The Company will send an automated email message to each Buyer confirming receipt of an Order.
Once the Company has transmitted an Order to the Seller, the Seller will, at their own expense, be solely responsible for, and bear all liability for, the fulfillment of the Order
If the Sellers cannot fulfill an Order, then the Sellers will cancel that Order and promptly notify the Company of such cancellation.
If the Sellers initiate the cancellation of any Order, the Sellers will promptly provide Buyers with email notification of such cancellation in accordance with applicable Law (including, without limitation, the Federal Trade Commission (“FTC”) “Mail or Telephone Order Merchandise Rule”).
The Seller will include information requested by the Company, including the Order number, in the cancellation email sent to Buyers.
CANCELLATIONS AND REFUNDS
Sellers must fulfill their orders and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and membership status.
Sellers are responsible for processing all Buyer cancellations, refunds and/or any Buyer service price adjustments.
If Sellers determine that a Buyer is due a cash refund (e.g., via a refund to the Buyer’s credit card, debit card or other form of original payment) the Sellers will notify the Company and include other related information requested by the Company.
For cash refunds the Company will provide the refund to the Buyer via the Buyer’s original payment method (e.g., credit or debit card) if possible.
If the Company makes a cash refund to a Buyer the Company, in its sole discretion, will obtain a refund of the payment received by the Seller for such returned Services either (i) via offset of any amounts payable by the Company to you or (ii) by billing you for such amounts.
The rights and obligations under these terms shall last for the length of the user active contracts usually renewed automatically annually.
You must conduct your own due diligence and proceed with orders on your own risk.
The Company encourages Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center You can seek judgment from the local court of law.
Boots & Ladders LLC offer a complimentary Resolution Center if users decided to give it a shot before proceeding with their local court.
Buyers can dispute any job prior to job delivery acceptance.
Filing a transaction dispute will put a hold on the payment until the Resolution Center reaches arbitrations.
Each Party in this Agreement is responsible, as required under applicable laws and regulations, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that Party upon or with respect to the transactions and payments contemplated under this Agreement.
LIMITATION OF LIABILITY
You shall use the Platform at your own risk.
NEITHER BOOTS & LADDERS LLC NOR ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, ATTORNEYS, OR AFFILIATES SHALL HAVE ANY LIABILITY WITH RESPECT TO, AND YOU HEREBY WAIVE, RELEASE, AND AGREE NOT TO SUE ANY OF THEM UPON, ANY CLAIM FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES SUFFERED OR INCURRED BY YOU IN CONNECTION WITH, ARISING OUT OF, OR IN ANY WAY RELATED TO, THIS AGREEMENT OR YOUR USE OF ANY OF OUR SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR SERVICES, OR ANY CONTENT CONTAINED THEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND SERVICES. AS USED HEREIN.
THIS LIMITATION APPLIES TO THE EXTENT PERMITTED BY LAW
DISCLAIMER OF WARRANTY/GUARANTEE
ALL INFORMATION IN THE PLATFORM IS PROVIDED “AS IS”, WITH NO GUARANTEE OF COMPLETENESS, ACCURACY, TIMELINESS OR OF THE RESULTS OBTAINED FROM THE USE OF THIS INFORMATION, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Sellers must recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to
maintain all such information in strict confidence;
not disclose the information to any third parties;
not use the information for any purpose except for delivering the ordered work; and
not to copy or reproduce any of the information without the Buyer’s permission.
The Company’s Services and the content in the Platform (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Company’s trademarks may not be used in connection with any product or service without the prior written consent of the Company.
The Company is protected by copyright, trademark, and other laws of both the Country and foreign countries.
The Company gives You a temporary, non-exclusive license to use such services, including third-party’s services, in the Platform to the limited extent of facilitating this Agreement.
If you access the Site from anywhere globally, you agree that the laws of North Carolina, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Boots & Ladders LLC.
The Agreement with the Sellers will be terminated:
If they offer/accept payment outside the Boots & Ladders LLC platform,
If they cancel over three jobs in one month,
If the sellers cannot maintain over 3-star rating
If the Seller reached the Resolution Center over three times in one year.
If the Seller is flagged for clause or inappropriate contents.
You SHALL still be obligated to these terms even if your account is terminated. Specifically, any of your obligations relating to limitations on liability, confidentiality and indemnification, as well as any other obligations under this Agreement that by their nature are intended to survive, including any payment or services obligation, will survive termination of this Agreement.
Any termination of this Agreement will be without prejudice to the rights of either Party against the other in respect of any antecedent claim or breach of any of the provisions of this Agreement.
Boots and Ladders reserves the right to charge buyers a percentage fee of up to 10% of the total job price.
The Company’s Platform makes it possible for you to communicate with the Sellers.
Your communication is hereby limited only to such matters concerning your placing of an order on the Platform.
The Platform’s Admin. may monitor all chat conversations between You and the Seller for quality and dispute resolution purposes.
The Company shall treat the contents of your chats with utmost confidentiality.
You are strictly prohibited from sharing personal or sensitive information with other users of the Platform. Boots & Ladders LLC’s Services
The Company may communicate to you at will, through any contact details in your account.
You agree to receive mobile notifications from us. Standard rates will apply for such notifications.
You shall have an option of disabling the notifications. However, you may miss out on important information concerning your account.
We shall not be liable for any loss or damage you suffer because of disabling the notifications.
All payments shall be made using credit card, or digital wallet such as PayPal, apple pay etc.
Payments are done based on the nature of the gig. In some cases, the full fees will be charged upfront and in others, only a deposit/ payment fee will be charged in advance and remaining will be charged once the Seller’s Service is completed.
You are required to settle all payments and any expense involved, in a timely manner.
The Company will process your orders and collect all amounts due from you for orders made by you through the Company’s Platform.
The Company will remit such amounts, less any service fee owed to the Company by you, to the Sellers.
You hereby appoint the Company as your agent for the sole and express purpose of making payments to Sellers for the Services on the Company’s Platform.
You acknowledge that, the Company’s receipt of funds from you is deemed the Seller’s receipt of funds from you.
For the sake of clarity, your Order is deemed complete only once the Service is completed; and the expiry of any complaints and/or cancellation period, if any.
If the Company concludes that your actions and/or performance in connection with this Agreement may result in Seller’s disputes, chargebacks or other claims, then the Company may, in its sole discretion, withhold any security deposit that are otherwise due to You under this Agreement until a completion of any investigation(s) regarding Your actions and/or performance in connection with this Agreement.
The Seller’s Subscription will follow the pricing schedule on Boots and Ladders pricing page.
You will create Gigs via the Company’s platform for all Services you intend to sell on the Platform.
All Gigs will comply with the specifications and policies posted in the Company’s platform, and such Gigs will not use or incorporate any of the Company’s Marks.
You are responsible for promptly updating your Gigs to ensure the Gigs and are always accurate.
You will NOT list any Services you do not provide.
You agree to list any information, or other content required by applicable federal, state or local law, to be displayed in connection with the offer, advertising or sale of Services.
You acknowledge that failure to abide by the terms of this Agreement may subject you to penalties and legal liability, and that the Company may reject, remove or censor any Service Listings for any reason, at the Company’s sole discretion.
You will be responsible for all Buyer service, except for issues related to payment.
In performing such service, you will always represent yourself as a separate entity from the Company.
You will not disparage the Company or its affiliates or its or their Services when performing your service obligations or any other obligation under this Agreement.
If you monitor or record Buyer service calls, you must give notice of such monitoring or recording to all Buyers during each such call prior to providing any Service.
Unless otherwise expressly permitted in writing by the Company, you will not promote, offer for sale, or provide the Company with Gigs that:
contain any Prohibited Service,
promote or engage in any deceptive trade practice (including spoofing, slamming, cramming, phishing, attempting to scam or defraud a Buyer into surrendering private and/or personal information); or
promote or engage in any other illegal activity.
The Company will have no responsibility or liability for any defective Services offered through the Company Sites.
You are solely responsible for any non-conformity or defect in your Services.
If you have any questions or concerns about any of these terms, feel free to contact us.
Our Contact: firstname.lastname@example.org.