By accessing or using any part of the site (Avodah.ph.), the
application, the service and/or content (i.e. any information, data, or other
content or materials appearing or otherwise made accessible on or through the
site or application), Service Users and third-party Service Providers agree to
be bound by these Terms, which shall govern your access to and use of the
service of Avodah I.T. Services.
Modifications, updates and/or improvements to the site, application, services
and/or content are likewise covered by these Terms. Avodah may, at any time, without
prior notice, at its sole discretion, modify, amend, change
in part or in whole the Terms by posting such to the site. Continued access or
use of the site, application, service or content, after said posting signifies
Service Users’ and third-party Service Providers’ unqualified acceptance of the
modification, amendment and/or change, which are effective, retroactively, on
the day of posting.
The Service Users and third-party Service Providers hereby voluntarily give
their consent to Avodah to use for any lawful purposes and/or share your
personal information to third parties.
Accessing and/or using of the site, application, services and/or the content
may be subject to specific laws, domestic and international. The Service Users
and third-party Service Providers assume full and sole responsibility to ensure
that they access and/or use the services and the content only in compliance
with such applicable laws.
Avodah does not and cannot warrant that the site, application, services and/or
the content is legal outside the Philippines. The Service Users and third-party
Service Providers assume full and sole responsibility if they opt to access the
site, application, services and/or the content outside the Philippines.
1. Services
Avodah, The Platform, shall connect Service Users and third-party Service Providers.
Relationship of the Parties
Avodah is a technology company. It is not a service provider nor service user. Avodah
merely provides a platform to link the Service Users to third-party Service Providers.
Avodah is not responsible nor liable to the Service Users and third-party
Service Providers for any damage, loss, injury, and/or death in relation to the
services received or rendered through Avodah’s site or app.
Definition of Terms:
Account - means any duly registered account which is required to be accessed to
use the Platform, either by the Service User or third-party Service Providers.
Agreement - means the Terms and Conditions agreed to by a Service User or
Service Provider which are binding upon its Acceptance.
Platform - means the website and application on which
the Service request is made. It includes:
Service Providers - any technically skilled person who has duly registered for
the purpose of offering or making his/her Services available to the Service
Users. A person is presumed to be technically skilled if he/she is duly certified
by the Technical Education and Skills Development Authority (TESDA) as such, or
has completed technical skills training from a TESDA accredited
institution/school, or completed a technical course from any reputable
college/university, or has at least 5 years solid direct experience - evidenced
by a certification under oath.
Service User - means any person, natural or juridical, who has duly registered
and used the Platform to request services offered by the thirdparty Service Providers,
whether the service was completed or not.
Services - includes cleaning, diagnosis, installation, repair, and all other
technical skills and services certified by TESDA and/or by any reputable
college/university.
Terms of Use - means the specific obligations which the Service Users and
third-party Service Providers are bound to prior, during and after the
completion of the Services requested via the Platform.
User - means the Service User or the third-party Service Providers or both, as
may be applicable.
You/Your - may refer to the Service User or the
third-party Service Providers or both, as may be applicable.
User’s Representations and Undertakings:
By submitting your account application, you confirm the following:
These Terms of Use include:
The AvodahPlatform (Function and Requirements for Use)
The Avodah Platform is a communications platform that enables individuals or
businesses (Service Users) to seek and obtain the professional services of
third-party Service Providers. Avodah and The AvodahPlatform does not provide professional services. Avodah shall not be responsible or liable for any services
provided or failed to be provided by third-party Service Providers, including
any damage or breakage that may occur during and/or after the services have
been performed.
The Service Users must exercise caution and due diligence to protect their
property and personal safety. By the use of Avodah Platform,
the Service User agrees to hold Avodah free from any and all claims for
damages, loss, injury and/or death that may arise from dealing with third-party
Service Providers, their conduct, and all the Services they provide.
Use of the Website:
While the Website may be accessed without first registering, full access to Avodah.ph
Services is only possible after you have created an Account, where you would be
required to provide your personal information and to create a Password, which
you shall be solely responsible for, along with the following:
Terms of Use of Service Users and Service Providers:
If you are using the Platform either as a Service User or Provider, you are
bound by the following:
Service Providers:
Service Users:
Service
Rating
The Service Provider is mandated to observe and maintain quality
services subject to the following conditions:
a.
Maintain an average satisfaction rating of 4 out of 5.
b. The above satisfaction rating will be reckoned from the time the
service provider will get 15 ratings from different service users.
Termination
of Account
Service Providers:
The following acts, after investigation, shall cause the
termination of the account of the Service Provider:
a. Failure of the Service Provider to perform any service contracted
at least twice.
b. Failure of the Service Provider to provide satisfactory and
quality service to any Service User at least twice.
c. Failure of the Service Provider to maintain an average
satisfaction rating of 4 out 5 for period of three consecutive months.
d. Commission of the Service Provider of a crime or offense against
the Service User or any other person.
e. Violation by the Service Provider of any of the above mentioned terms
of use of the Service Provider.
f. Any act or omission analogous to the foregoing.
The following acts, after investigation, shall cause the
termination of the account of the Service Users:
a. Failure of the Service User to pay for the services
rendered.
b. Fraudulent use by the Service User of the Avodah
Platform.
c. Ordering the performance of a service not agreed upon and/or deviation
from the service agreed.
d. Commission of the Service User of a crime or offense against
the Service Provider or any other person.
e. Violation by the Service User of any of the abovementioned terms
of use of the Service User.
f. Any act or omission analogous to the foregoing.
PAYMENT FOR SERVICES
You understand and agree that there will be “Charges” for the services rendered
by the third-party Service Providers. After you have received services obtained
through your use of the Service, Avodah will facilitate payment of the
applicable Charges on behalf of the third-party Service Provider, solely as
such third-party Service Provider's limited payment collection agent, using the
preferred payment method you have designated when initiating or modifying your
Account, and will send you a receipt by email at the end of each session. By
utilizing the Services, it is understood and agreed that payment of the Charges
in such manner shall be considered the same as payment made directly by you to
the third-party Service Providers. Charges will be inclusive of applicable
taxes where required by law. Charges paid are final and non-refundable.
You understand and agree that (i) all Charges are immediately due and
demandable and (ii) payment will be facilitated by Avodah
using the preferred payment method you have designated when initiating or
modifying your Account. If your primary Account
payment method is determined to not able to be charged for any reason
whatsoever, you agree that Avodah may, as the
third-party Service Provider's limited payment collection agent, use a
secondary payment method in your Account, if available.
Avodah reserves the right to establish, remove and/or revise Charges for any or
all aspects of the Services at any time in Avodah's sole discretion. You will
be responsible for Charges incurred under your Account regardless of your
awareness of such Charges or the amounts thereof.
Subject to existing laws and regulations (i.e. DTI regulations), Avodah may,
from time to time, provide random Service Users with random promotional offers
and discounts which may result in different Charges for similar Services.
Cancellations & Refund
Cancellation Policy
Service requests may be cancelled at least 2 hours prior
to the service request. Cancellation shall be coursed through the site or
app.
A PhP 350 cancellation fee shall be charged
against the Service User if cancelation of service request was made beyond 2
hours from request of if the third-party Service Provider is already “on-site”,
whichever comes first.
Refund Policy
If you have been charged in error or have questions about your
charges, please contact Avodah at info@avodah.ph
Limitations of Liability
You understand, acknowledge and agree that Avodah, as a technology platform, shall
not be liable for any and all claims for damages, loss, injury, or death in
relation to the services provided by the third-party Service Providers. Avodah
is likewise not liable in the same manner for the following:
Disclaimer of Warranties
The company makes no representations, warranty or guarantee as to
the reliability, timeliness, quality, availability and completeness of the
services provided by the service provider. The company does not warrant that
(a) the use of the Avodah platform will be secure and uninterrupted and
error-free, (b) the platform will meet your requirements and/or expectations,
(c) any stored data will be accurate or reliable, (d) the quality of the
services of the services providers will meet your requirements or expectations
and (e) any internal agreement and/or arrangement between the Service Provider
and Service User.
Links
The Website may from time to time contain links to third-party Websites and/or
advertisements. These Linked Sites may be provided solely as a convenience to You and not as an endorsement or sponsorship of what they
provide. If you decide to access the links and use the advertised contents, you
do so at your own risk. Avodahshall not be responsible for any damage or loss
caused by the use of these Third-party websites, products or services found in
the Website.
Any issues or concerns respecting any third-party good, products or services
should be forwarded to the third party or advertiser concerned.
Disputes
In the event of any dispute between the Service User and the third-party
Service Providers, the Service User and the third-party Service Providersagrees
and acknowledges that Avodah is not in any part of the dispute and that they
undertake not to involve Avodah in their dispute.
Intellectual Property Rights
The Avodahsoftware, application and Platform including the
contents, information, data and materials therein are the intellectual property
rights (including the copyrights) of Avodah.
Any unlawful use of its software, graphics, data, information, photos, sound,
music, video in the Platform shall constitute a material infringement of our
intellectual property rights and will subject the person or entity involved to
civil and/or criminal proceedings and penalties provided by law.
Fees and Taxes
Avodah may charge the Users for the use of its Website and services subject to
applicable taxes imposed in the Philippines. It is understood, that Avodah may,
from time to time, impose additional fees to its Users as it may deem
necessary.
Complete Agreement
Except as expressly provided in a separate written agreement between you and Avodah,
these terms constitute the entire agreement between you and Avodah with respect
to the use of the website and the service provided.
Governing Law & Venue
The rights and obligations of the parties pursuant to this Agreement are
governed and shallbe construed in accordance with the laws of the Philippines.
Any and all kinds of claims, disputes and controversies arising
pursuant to this agreement shall exclusively be filed in the courts of General
Santos City.