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Last Updated: April 2, 2021
These Terms of Service constitute a legally binding agreement between you and Sparrow, Inc. ( “Sparrow” ) governing your use of the Sparrow Platform. Sparrow’s website (www.spaarrow.com), and related services, information and communications are collectively referred to as the “Sparrow Platform.”
The use of all personal data you submit to the Sparrow Platform or which we collect about you is governed by our Global Privacy Policy ( “Privacy Policy” ). You acknowledge that by using the Sparrow Platform you have reviewed the Privacy Policy.
Your consent at registration and continued use of the Sparrow Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service the country in which the Task is performed, as well as any future amendments and additions to this Agreement (as defined below) we may publish from time to time. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the Sparrow Platform.
The Privacy Policy for the country in which the Task is performed are incorporated by reference into these Terms of Service and together form and are hereinafter referred to as the “Agreement” .
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE SPARROW PLATFORM.
BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE SPARROW PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING, AS APPLICABLE FOR U.S AND CANADIAN USERS, THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT) AND YOU ACCEPT ALL OF ITS TERMS.
Your use of the Sparrow Platform in a country other than the country in which you register constitutes your acceptance of and agreement to all of the terms and conditions in the Agreement for that country.
A few highlights of these Terms of Service include:
Student Background Checks
Students may be subject to a review process before they can register for and during their use of the Sparrow Platform, which may include but is not limited to identity verification and criminal background checks, using third party services as appropriate ( “Background Checks” ). Although Sparrow may perform Background Checks, Sparrow cannot confirm that any User is who they claim to be, and Sparrow 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. Sparrow will not be liable for any false or misleading statements made by Users of the Sparrow Platform.
NEITHER SPARROW, 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 SPARROW PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE SPARROW 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 SPARROW PLATFORM.
User Representations and Warranties
All Users represent and warrant that:
Students additionally represent and warrant that:
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 Task. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Sparrow Platform, and any other contractual terms accepted by both the Student and their Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand Sparrow’s obligations or restrict Sparrow’s rights under this Agreement. Sparrow 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 Sparrow and the Student, nor will it create an employment relationship between the Client and the Student. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Sparrow.
Where approved in advance by the Client,the Student is not obligated to personally perform the Task. Taskers may engage assistants, helpers, subcontractors or other personnel (collectively “Student Assistants” ). For safety reasons, such Student Assistants shall have been registered through the Sparrow Platform. A Student’s failure to comply with this provision shall be a violation of these Terms of Service and could lead to removal from the Sparrow Platform. The Student assumes full and sole responsibility for the acts and omissions of such Student Assistants and is fully responsible for the lawful payment of all compensation, benefits and expenses of Student Assistants, if any, and for all required and applicable tax withholdings as to such Student Assistants. Clients are responsible for confirming with their Student that any Student Assistants are registered Students on the Sparrow Platform.
While using the Sparrow Platform, Clients, in their sole discretion, determine whether they will be present or not when a Task is performed. Clients agree that if someone other than them books the Task on their behalf or is present in their stead when the Task is performed, they are appointing that person as their agent (“ Client’s Agent ” ) and the Student 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 Sparrow 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’s Agent may authorize any applicable waiver of the Client’s scoping, direction, or instruction of the Student’s work or performance of the Task in the Client’s stead. Client agrees that such direction and/or waiver is valid against Client and Client’s Agent, and Client shall be responsible and liable for all such direction and/or waiver as if made by Client him or herself. Client assumes full and sole responsibility for the acts and omissions of Client’s Agents. Client’s Agents are deemed third parties for the purposes of the Happiness Pledge and are thereby excluded from it.
The Client shall pay their Student (s) in full for all Task services via the PSP as indicated on the Sparrow 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 Task.
Users of the Sparrow Platform contract for Tasks directly with other Users. Sparrow will not be a party to any contracts for Tasks or services. Client, and not Sparrow, is responsible for payment for all Task services through the Sparrow Platform. Such payment must be made via the PSP. Sparrow is not obligated to compensate Students for Client’s failure to pay for services.
The Task Payment, service charge, and Trust & Support fee must be paid through the PSP. Clients on the Sparrow Platform will be required to provide their payment method details to Sparrow and the PSP. Students are responsible for accurately invoicing their Clients within 24 hours of the work being performed, even if the Task is not completed in its entirety or is designated as “ongoing”. Clients will be responsible for paying the invoice(s) for each Task (the “Invoice(s)” ), which will include (a) the pricing terms of the Task provided by the Tasker and agreed upon by the parties ( “Task Payment” ), (b) any out of pocket expenses agreed upon by the parties and submitted by the Tasker in connection with the Task, (c) the service charge Sparrow assesses to the Client for access to and information regarding Students, and (d) the Trust & Support Fee Sparrow assesses to the Client for customer support, and other various other services, or (e) cancellation charges, 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 Student. Clients may also be charged credit card processing fees equal to 3% of the aggregate expense amount if expenses related to a Task individually, or Tasks in the aggregate over a 30-day period, exceed $300 / 300£ / 300€, as applicable in your country. Student will be responsible for paying (i) registration fees, if applicable, and (ii) repayment of erroneous payments.
Students will be required to set up an account with the PSP, which may require any or all of the following: registration with the PSP, consent to the terms of service of the PSP, and completion of a vetting process and/or account validation at the request of the PSP. By accepting these Terms of Service, each Student agrees that they have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement (the “PSP Services Agreement” ). Please note that Sparrow 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 Sparrow has no obligations, responsibility or liability to any Student or other party under the PSP Services Agreement.
To help prevent fraud and safeguard User information from the risk of unauthorized access, Sparrow 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 1-5 business days. This temporary charge may vary depending on the estimated value of the Task and expenses.
When Client receives confirmation through the Sparrow Platform or via email that a Task has been completed, Client automatically authorizes the PSP to process the Invoice(s). Clients may be billed a one-hour cancellation charge as damages at the Student’s hourly rate through the PSP if you book a Task but cancel it before the scheduled time for performance.
Sparrow reserves the right (but not the obligation) upon request from Client or Student, or upon notice of any potential fraud, unauthorized charges or other misuse of the Sparrow Platform, to place on hold any Task Payment, out of pocket expenses, and/or tip or gratuity (if applicable), or refund or provide credits, or arrange for the PSP to do so.
Users of the Sparrow Platform may be liable for any taxes or similar charges (including VAT, if applicable in the country where the Task is performed) required to be collected and/or paid on the Tasks and/or fees provided under the Agreement.
In certain jurisdictions, applicable rules may require that we collect or report tax and/or revenue information about you. You agree that Sparrow may issue on your behalf receipts or similar documentation to facilitate accurate tax reporting.
Sparrow may suspend your right to use the Sparrow Platform pending its investigation of a potential breach by you of this Agreement. Sparrow may deactivate your account or limit your use of the Sparrow Platform upon its determination that you breached a provision of this Agreement (a “User Breach” ). Sparrow will provide you with written notice of its determination as required by law, unless we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety . If you wish to appeal this determination, please contact us within 14 days of receipt of such notice with the grounds for your appeal .
If Sparrow suspends or deactivates your account or limits your use of the Sparrow Platform pursuant to this Section 8, 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 Sparrow Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. Sparrow reserves the right to take appropriate legal action pursuant to the Agreement.
Sparrow reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Sparrow Platform at its sole discretion. Sparrow will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Sparrow shall not be liable to you for any modification or discontinuance of all or any portion of the Sparrow Platform. Sparrow has the right to restrict anyone from completing registration as a Student if such person may threaten the safety and integrity of the Sparrow 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 Sparrow Platform and deactivating your account.
Sparrow operates as an online marketplace that connects Clients with service providers (Students) who wish to perform a variety of Tasks. Sparrow does not perform Tasks and does not employ people to perform Tasks. Students 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 Sparrow Platform. Sparrow does not control or direct the Students’ performance of their services or set their work locations, work hours, or terms of work. Students provide services under their own name or business name, and not under Sparrow’s name. Students provide their own tools and supplies to perform their services; Sparrow does not provide the tools or supplies. Students are free to maintain a clientele without any restrictions from Sparrow and are free to offer and provide their services elsewhere, including through competing platforms. Students are free to accept or reject Clients and contracts. Students are not penalized for rejecting Clients or contracts, though if Students accept a Client or contract through the Sparrow Platform, they are expected to fulfill their contractual obligations to their client. Students set their own rates for services performed in the Sparrow general marketplace, without deduction by Sparrow.
The Sparrow Platform is not an employment agency service or business and Sparrow is not an employer of any User. Students acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Tasks and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
You must register with Sparrow and create an account to use the Sparrow Platform. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Sparrow for accessing the Sparrow Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. Sparrow has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. 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 Sparrow immediately.
You acknowledge that telephone calls to or from Sparrow, 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 Sparrow, its 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 Sparrow before the change goes into effect.
The Sparrow User Pledge applicable to the country where the Task is performed is part of this Agreement and incorporated by reference. Students determine which categories they are qualified to task in, and scope the Task directly with their Client. Sparrow does not oversee, monitor or direct how a Student performs a Task, does not monitor Tasks or chat threads between Users, and does not otherwise assume responsibility for the actions of Users. Clients are advised to confirm with their Student that s/he is qualified to perform the Task prior to the Task taking place. Sparrow is not liable for the acts or omissions of Users, nor does Sparrow provide insurance against any losses sustained by Users. That said, Sparrow wants Users to be happy about their experience using the Sparrow Platform and the User Pledge is in place to encourage continued use of the Sparrow Platform.
Payments made under the User Pledge are made at Sparrow’s sole discretion, and are subject to certain conditions, limitations and exclusions, as described in the User Pledge. The User Pledge does not supersede any of the terms set forth in these Terms of Service or the Privacy Policy, including any of the limitations on liability set forth in these Terms of Service. In the unlikely event of a conflict with the User Pledge, these Terms of Service prevail over any contrary interpretation of the User Pledge. The User Pledge is not insurance and Sparrow is not an insurer, as such terms are generally understood for regulatory purposes.
“User Generated Content” is defined as any information and materials you provide to Sparrow, its agents, Affiliates, and corporate partners, or other Users in connection with your registration for and use of the Sparrow Platform and participation in Sparrow 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 Sparrow is not involved in the creation, 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 Sparrow 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 Sparrow that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) 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 Task is performed); (d) 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); (e) will not be defamatory, libellous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with Sparrow or otherwise purport to act as a representative or agent of Sparrow; and (i) will not create liability for Sparrow or cause Sparrow to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.
The Sparrow Platform hosts User Generated Content relating to reviews and ratings of specific Taskers ( “Feedback” ). Feedback is such User’s opinion and not the opinion of Sparrow, and has not been verified or approved by TaskRabbit. You agree that Sparrow is not responsible or liable for any Feedback or other User Generated Content. Sparrow encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted . Sparrow 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 by contacting the Support team. Each Client should undertake their own research prior to booking to be satisfied that a specific Student has the right qualifications for a Task.
Sparrow respects the personal and other rights of others, and expects Users to do the same. Sparrow is entitled to identify a User to other Users or 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.
If a User believes, in good faith, that any User Generated Content provided on or in connection with the Sparrow Platform is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify Sparrow. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify Sparrow.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including Sparrow designs, trademarks, and logos (collectively “Proprietary Material” ) that Users see or read through the Sparrow Platform is owned by Sparrow, excluding User Generated Content, which Users hereby grant Sparrow a license to use as set forth above. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Sparrow 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 Sparrow Platform without Sparrow’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 Sparrow, including without limitation Sparrow, Sparrow for Good, and associated logos, are service marks owned by Sparrow. Any other trademarks, service marks, logos and/or trade names appearing via the Sparrow Platform are the property of their respective owners. Sparrow’s proprietary marks and logos are not available for use by Students. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
Sparrow respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Sparrow Platform infringe upon your copyright or other intellectual property right, please contact us.
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Sparrow and agree that you will not, for the lifetime of your account on Sparrow 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 Sparrow 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 Sparrow 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 Sparrow 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 Sparrow’s trade secrets, confidential and proprietary information, and all other information and data of Sparrow 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 Sparrow or Sparrow’s business, operations or properties, including information about Sparrow’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
THE TECHNOLOGY OF THE TASKRABBIT PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. SPARROW MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SPARROW PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE SPARROW PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SPARROW PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
Sparrow does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the Sparrow Platform or any hyperlinked website or featured in any banner or other advertising, and Sparrow will not be a party to or in any way be responsible for any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Sparrow and Affiliates do not warrant that access to the Sparrow Platform will be uninterrupted or that the Sparrow Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Sparrow Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Task, service, information or materials provided through or in connection with the use of the Sparrow Platform. Sparrow and Affiliates are not responsible for the conduct, whether online or offline, of any User. Sparrow and Affiliates do not warrant that the Sparrow Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Sparrow and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.
Notwithstanding any feature or service that a Client may use to expedite Student selection, each Client is responsible for determining the Task and selecting or otherwise approving their Student and Sparrow does not warrant any goods or services purchased by a Client and does not recommend any particular Student. Sparrow does not provide any warranties or guarantees regarding any Student’s ability, professional accreditation, registration or licensure.
You acknowledge and agree that Sparrow is only willing to provide the Sparrow Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Sparrow and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorney’s fees and costs (collectively, “Liabilities” ) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Sparrow Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Sparrow and Affiliates, and any destruction of your User Generated Content.
UNDER NO CIRCUMSTANCES WILL SPARROW AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE TASKRABBIT AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY SPARROW, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE SPARROW PLATFORM OR THE TASK SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety.
SPARROW AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS SPARROW PLATFORM. SPARROW AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SPARROW PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT SPARROW AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO SPARROW (IF YOU ARE A CLIENT) OR TOTAL TASK PAYMENTS PAID TO YOU BY CLIENTS (IF YOU ARE A STUDENT), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You hereby agree to indemnify, defend, and hold harmless Student 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 Student 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 Sparrow 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. Sparrow reserves the right, in its own sole discretion, to assume the exclusive defense and control 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 Sparrow.
To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the Sparrow Platform, your relationship with Sparrow, Tasks, or this Agreement (including previous versions), ( “Dispute” ), you and Sparrow agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any out of court settlement ( such as mediation or arbitration) or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to Sparrow. Sparrow’s address for such notice is
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Failure by Sparrow to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Sparrow with respect to its subject matter, and supersedes and governs any and all prior agreements or communications. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Agreement Prohibiting Class Actions and Non-Individualized Relief” provision in the section applicable to U.S. Residents, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. You hereby acknowledge and agree that we may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Upon the effective date of the assignment of the Agreement (a) Sparrow shall be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment and, (b) the assignee entity shall replace Sparrow for the performance of this Agreement. This Agreement may not be assigned or transferred by you without our prior written approval. Any assignment in violation of this Section 22 shall be null and void. This Agreement will inure to the benefit of Sparrow, its successors and assigns. 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 Sparrow Platform.
Students alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Tasks. Indeed, certain types of Tasks and services may be prohibited altogether, and it is the responsibility of Students to avoid such prohibited Tasks 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 Tasks and services on the Sparrow Platform, you should first seek appropriate legal guidance.
Because Sparrow does not supervise, scope, direct, control, or monitor a Student’s work or performance of Tasks, Clients must determine for themselves whether a Student has the skills and qualifications necessary to perform the specific Task at hand. Clients may wish to consult their national/state/provincial/territorial or local requirements to determine whether certain Tasks are required to be performed by a licensed or otherwise registered professional. Clients may also wish to discuss with their Student any specific hazards, obstacles, or impediments in the Task location (both visible and concealed) that may impact the performance of the Task.
Sparrow reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service, Privacy Policy, and User Pledge) and review, improve, modify or discontinue, temporarily or permanently, the Sparrow Platform or any content or information through the Sparrow Platform at any time, effective with or without prior notice and without any liability to Sparrow. Sparrow may also impose limits on certain features or restrict your access to part or all of the Sparrow Platform without notice or liability.
Sparrow will endeavor to notify you of material changes to this Agreement by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the Sparrow Platform. Your continued use of the Sparrow Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction.
The provisions of this Agreement are for the sole benefit of the Parties and their permitted successors and 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.
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices” ) to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.
By using the Sparrow Platform, you agree to transact electronically through the Sparrow Platform. You also agree to the following: (i) your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity and enforceability as a paper-based signature; (ii) your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing; and (iii) no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
Last Updated: April 2, 2021
This Privacy Policy (“Privacy Policy”) describes how Spaarrow, LLC. and its affiliates will gather, use, and maintain your Personal Information on the Sparrow Platform. It will also explain your legal rights with respect to that information.
By using the Sparrow Platform, you confirm that you have read and understand this Privacy Policy, and our Global Terms of Service (together referred to herein as the “Agreement”). The Agreement governs the use of the Sparrow Platform. Sparrow will collect, use, and maintain information consistent with the Agreement.
In this Privacy Policy:
Sparrow collects certain personally identifiable information about you, including information that can identify, relate to, describe, be associated with you, or is reasonably capable of being associated with you (“Personal Information”). Examples of Personal Information that Sparrow collects include but are not limited to:
Contact Information. This may include your first and last name, postal address, telephone number, and email address.
Billing Data, including your payment instrument number (such as a credit or debit card number), expiration date, and security code as necessary to process your payments.
Identity Information. If you are a Student, we may collect Personal Information, such as your date of birth and address, national identification number if applicable, together with the result of basic criminal record checks as provided by you, or by our Third-Party Agents (as defined below), as applicable and to the extent permitted by law in your jurisdiction, as well as such information as may be needed to validate your identity.
Financial Information. To help Students set up a payment account and help Clients make payments to Students and pay fees to Sparrow, we may collect financial information, including credit card number, bank routing numbers, tax information, taxpayer identification number, and other payment information, as applicable. We use Financial Information in order to operate the Sparrow Platform and to ensure that Students are paid by Clients. We do this as necessary for our legitimate interests in providing our platform and services and to fulfill our contracts with Users.
Promotional Information. Certain offerings of the Sparrow Platform, such as newsletters, surveys, contests, and the like are optional and so you are not required to enter them or to give us your data in connection with them. Where you do consent to take advantage of Sparrow Platform offerings, we will use your data to (as applicable) send you newsletters and other communications that are tailored based on information we have about you, or to operate and manage the survey, contest or similar offering in connection with our legitimate interest in promoting our business and the Sparrow Platform.
Employment Information. We collect employment and education history, transcripts, writing samples, and references as necessary to consider your job application for open positions.
Content Information. You also may choose to send Sparrow Personal Information in an email or chat message containing inquiries about the Sparrow Platform and we use this Information in order to help us respond to your inquiry. We also collect content within any messages you exchange with other Users through the Sparrow Platform (such as through our chat functionality).
We require that you furnish certain information when you register an account with us in order to provide services through the Sparrow Platform. For example, if you are a Client, we collect your first and last name, email address, and your zip or postal code in order to create and administer your Sparrow account. We also collect additional information in order to facilitate your booking request, such as information about the task you are seeking, the time, date and location of the task, and Billing Data. If you are a Student, we collect your first and last name, email address, mobile phone number and zip or postal code in order to create and administer your Sparrow account and facilitate communications between you and your Clients through the Sparrow Platform. We also collect information about your tasks, rates, and skills, as well as Identity Information and Financial Information.
Third Party Information. Financial Information, or fraud detection information, from Third-Party Agents (as defined below) and combine it with other information that we have about you, to the extent permitted by law, in order to comply with our legal obligations and for the legitimate interest in improving the Sparrow Platform. Sparrow may work with Third-Party Agents to perform identity checks and criminal background checks on Students, if applicable and permitted by local law, in order to advance our legitimate interests in ensuring the safety of our Users/Families and maintaining the integrity of the Sparrow Platform.
We collect and use information for business and commercial purposes in accordance with the practices described in this Privacy Policy. Our business purposes for collecting and using information include:
Interest-Based Advertising. Ads are a standard part of user experience on the Internet, and Sparrow believes that targeted advertising enhances this experience. Sparrow and affiliate third parties may use cookies and other technologies to place ads where they believe interested Users will see them. In addition to banner ads, Sparrow may advertise products, companies and events that we think might interest you through the email address and/or phone number you provide. We may incorporate Tracking Technologies on the Sparrow Platform (including our website and emails) as well as into our ads displayed on other websites and services. Some of these Tracking Technologies may track your activities across time and services for purposes of associating the different devices you use, and delivering relevant ads and/or other content to you (“Interest-Based Advertising”).
For more information and to understand your choices regarding third-party ads, please see our Cookie Policy. Advertising and marketing is carried out as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business.
Analytics and Market Analysis. Sparrow may analyze information (“Market Analysis”) as necessary for our legitimate interests in providing an engaging and relevant experience, and promoting and growing the Sparrow Platform.
Sparrow uses information to offer services to Users who express an interest in these services, through a poll for example, or to Users who can be presumed to have an interest based on results from our Market Analysis. We do this as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business.
Cell Phone Numbers. Sparrow may use your cell phone number to call or send recurring text messages to you, using an autodialer or prerecorded voice, in order to provide you notifications about Tasks, for marketing purposes (with your consent where required by law), and to administer the Sparrow Platform. If you would like more information about our policy, or how to opt out, please review the “Your Rights and Choices” section below or Section 9 of our Terms of Service You may be liable for standard SMS and per-minute charges by your mobile carrier. Sparrow may also message you via push notifications (with your consent when required under applicable law), which you can opt-out of on your mobile device. Data rates may apply.
Call recordings. Calls to or from Sparrow or its Third Party Agents may be monitored and recorded for the purposes of quality control and training. Such calls may contain Personal Information.
We only share the Information we collect about you as described in this Privacy Policy or as described at the time of collection or sharing, including as follows:
Third Party Agents. We share information, including Identity Information, with entities that process information on our behalf for our business purposes. We contractually prohibit our Third-Party Agents from retaining, using, or disclosing information about you for any purposes other than performing the services for us, although we may permit them to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.
To operate the Sparrow Platform, including processing your transactions, we may share your Personal Information with our agents, representatives, vendors and service providers (“Third Party Agents”) so they can provide us with support services as follows:
Partners. Some Sparrow content is "sponsored by" or "presented by" other companies. If you connect to the Sparrow Platform through a co-branded version of our Sparrow Platform or otherwise participate in one of our partner programs, we may share information about your use of the Sparrow Platform with that Partner in order to offer the integrated platform and to evaluate the partner program. We may also share your Personal Information with our Partners in order to receive additional information about you, or in order to create offers that may be of interest to you. Please check such Partner’s privacy policy before revealing information about yourself. If you don't want these Partners to have your Personal Information, you can choose to not participate.
Promotions. When you voluntarily enter a sweepstakes, contest, or other promotion, we share information as set out in the official rules that govern the promotion as well as for administrative purposes and as required by law (e.g., on a winners’ list). By entering a promotion, you agree to the official rules that govern that promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other entities to use your name, voice, and/or likeness in advertising or marketing materials. We may occasionally contact you, if you want us to, with information about special events, activities, promotions, contests, submission opportunities, and programs. You always have the ability, in your Account, to ask Sparrow not to contact you with this type of information.
Matched Ads. We use Matched Ads by sharing personal information with another party or incorporating a pixel from another party into our own Sites, and the other party matching common factors between our data and their data or other datasets for advertising purposes. For instance, we incorporate the Facebook pixel on our Sites and may share your email address with Facebook as part of our use of Facebook Custom Audiences.
Other Users. Sparrow facilitates contact between Clients and Students and reserves the right to share one User’s contact information (e.g., name, phone number, email, or postal address) with other Users, or with the recipient User’s legal or other authorized representative, in order to: (1) facilitate or communicate the resolution of an investigation or dispute related to or arising from an interaction between two or more Users of the Sparrow Platform; or (2) facilitate the performance of a Task. This exchange of information is essential to the operation of the Sparrow Platform.
Legal Obligations. Sparrow and our Third Party Agents may disclose your Personal Information or User Generated Content to courts, law enforcement, governmental or public authorities, tax authorities or authorised third parties, if and to the extent required or permitted to do so by law or where disclosure is reasonably necessary to: (i) comply with Sparrow’s legal or regulatory obligations; (ii) respond to a court order, warrant or subpoena; (iii) respond to a valid legal request relating to an investigation into alleged criminal or illegal activity; or (iv) respond to or address any other activity that may expose us to legal or regulatory liability.
In jurisdictions where Sparrow is, according to applicable law, required to collect or remit information about Users’ permits, licences, tax, or social security registrations, Sparrow and our Third Party Agents may disclose information, including but not limited to, User contact details, identification information, transaction dates and amounts, license and permit status, and tax identification number(s) to applicable governmental authorities.
Sparrow reserves the right to disclose Personal Information from both private and public areas of the Sparrow Platform in the absence of a court order, warrant, or subpoena, to the extent permitted by applicable law, if we are given reason to believe, in our sole discretion, that someone is causing injury to or interfering with the rights of Users, the general public, or Sparrow or its partners, parents or affiliates.
It is our policy to provide notice to Users before producing their information in response to law enforcement requests unless (i) we are prohibited or otherwise constrained by law or court order from doing so, (ii) we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety, or (iii) it is an emergency request and prior notice would be impractical (in which case we may provide notice after the fact).
Merger or Acquisition. Sparrow reserves the right to share information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale, or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.
Public Areas. Your profile on the Sparrow Platform consists of information about you and your business, and may include information such as photographs, your years in business, skills and expertise, hourly pay rates, feedback/rating information, and other information, including your username (“Profile”). The information in your User Profile may be visible to all Users and the general public. If you choose to post a Task via the Sparrow Platform, the contents of such listing will be viewable to Students you select on the Sparrow Platform.
We retain personal data for as long as you are a User in order to meet our contractual obligations to you, and for such longer period as may be in our legitimate interests and to comply with our legal obligations (see Exhibit A for exemplar document retention periods). We may also retain data from which you cannot directly be identified, for example where stored against a randomly-generated identifier so we know the data relates to a single User, but we cannot tell who that User is. We use this kind of data for research purposes and to help us develop and improve our services, and we take appropriate measures to ensure you cannot be re-identified from this data.
Your Sparrow account is password-protected so that only you and authorized Sparrow staff have access to your account information. In order to maintain this protection, do not give your password to anyone. Also, if you share a computer, you should sign out of your Sparrow account and close the browser window before someone else logs on. This will help protect your information entered on public terminals from disclosure to third parties.
Sparrow implements and maintains reasonable administrative, physical, and technical security safeguards to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you.
This service is intended for a general audience, and is not directed at children under 15 years of age. In certain jurisdictions, this minimum age may be higher. Please check the Jurisdiction-specific Provisions below for more information.
We do not knowingly gather personal information (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) in a manner not permitted by COPPA. If you are a parent or guardian and you believe that we have collected information from your child in a manner not permitted by law, please let us know by contacting us. We will remove the data.
We do not knowingly collect or “sell” the Personal Information of minors under 18 years old who are California residents.
Information of U.S. Users. Our collection, use, and retention of the Personal Information of U.S. Users is in accordance with applicable U.S. laws, as is our determination of what is deemed to be “personal data and/or information.”
Sparrow expressly disclaims any liability that may arise should any other individuals obtain the information you submit to the Sparrow Platform.
Interest-Based Advertising in the United States. For more information about interest-based ads, or to opt out of having your web-browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.
Sparrow’s Security of Collected Information. While Sparrow will use commercially reasonable efforts to ensure the security of all Personal Information, we expressly disclaim any liability for any unauthorized access to or use of our secure servers and/or any and all Personal Information stored therein, and you agree to hold Sparrow harmless for any damages that may result therefrom.
These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt out, and requires business collecting or disclosing Personal Information to provide notice of rights California residents have and can exercise.
California Notice of Collection. We have collected Personal Information corresponding to the following categories enumerated in the CCPA, including within the last 12 months.